|Submitted||Sept. 17, 2015|
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To Whom It May Concern:
Pursuant to the California Public Records Act (California Government Code §§ 6250), I hereby request the following records:
All incident reports, use of force reports, arrest reports, and booking log entries for the detainment and arrest that took place on September 16, 2015, as depicted in this YouTube video: https://www.youtube.com/watch?v=-Dk6bXdBdVs
The requested documents will be made available to the general public, and this request is not being made for commercial purposes.
In the event that fees cannot be waived, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.
Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 10 calendar days, as the statute requires.
City of Stockton e-mail addresses are changing. Your message has been forwarded to my new e-mail. Please send all future e-mail to my new e-mail: firstname.lastname@example.org.
Please see response attached.
I have requested a range of documents pertaining to the incident in question, namely:
-use of force reports
-booking log entries
Please specifically enumerate which of the invoked exemptions and statutes corresponds to each of the above categories of documents.
All of the records are specifically protected from disclosure under 6254(f) (ongoing criminal investigation) and W&I 827.9 (minor being taken into custody).
I do not believe that the provisions you cite provide a blanket justification for withholding all of the requested documents, including the factual report for the incident in question. Please provide the requested documents, or else provide a more thorough justification for withholding them, in keeping with the CPRA.
The confidentiality of juvenile records rests with the Juvenile Court. The Welfare and Institutions Code clearly establishes the confidentiality of police incident reports (including all reports regarding arrest or detention of a minor) under section 827. T.N.G. v. Superior Court (1971) 4 Cal.3d 767, 777-778. A “stranger” or third party to the minors involved in a police encounter may only seek review of the records by a petition to the juvenile court. Wescott v. County of Yuba (1980) 104 Cal.App.3d 103, 108-109. We have no discretion regarding release of these records.