Use and policies for controlled firearms acquired through 1033 program (Tehachapi Police Department)

John Lindsay-Poland filed this request with the Tehachapi Police Department of Tehachapi, CA.
Multi Request Use and policies for controlled firearms acquired through 1033 program
Status
Completed

Communications

From: John Lindsay-Poland

To Whom It May Concern:

Pursuant to the California Public Records Act, I hereby request the following records:

Records of your agency related to the deployment and use of controlled equipment obtained through the 1033 Program of the Department of Defense, as set forth below.

According to records posted by the Defense Logistics Agency (https://www.dla.mil/DispositionServices/Offers/Reutilization/LawEnforcement/PublicInformation/), your agency acquired controlled equipment through the 1033 program, including firearms, as reflected in the attached spreadsheet.

I. Requests for Records
Records Request No. 1: All Documents constituting, reflecting, relating to or that contain current use policies if any for each type of 1033-program controlled equipment, including situations or circumstances in which use is authorized or prohibited.

Records Request No. 2: Records that list the dates, locations, suspected offense(s) or rationale for operation, controlled equipment deployed, arrests, and uses of force for each deployment of 1033-program controlled equipment since July 1st, 2019, specifically: firearms, armored vehicles, and night vision equipment.

Records Request No. 3: All records of complaints regarding the use and impact of 1033-program controlled equipment, including correspondence, visual or audio-visual materials, and responses to complaints.

Records Request No. 4: Documents that constitute, reflect, relate to or that contain rationales or criteria for acquisition of 1033-program controlled equipment, prior to its acquisition.

II. Response Time
Please provide requested documents as they become available.

Please respond to this request in ten (10) days, either by providing the requested information or providing a written response setting forth the specific legal authority on which you rely in failing to disclose each requested record, or by specifying a date in the near future to respond to the request. See Cal. Gov’t Code § 6255. Pursuant to section 6253, please disclose all reasonably segregable non-exempt information from any portions of records you claim are exempt from disclosure.

To assist with the prompt release of responsive material, we ask that you make records available to us as you locate them, rather than waiting until all responsive records have been collected and copied.

The American Friends Service Committee seeks this information as the requestor to promote and provide public access to these documents and increase civic engagement. Because this request is made on behalf of a nonprofit public interest organization, with the intent to make this material easily accessible to the public, we request that you waive any fees. In responding to this request, please keep in mind that Article 1, § 3(b)(2) of the California Constitution expressly requires you to broadly construe all provisions that further the public’s right of access, and to apply any limitations on access as narrowly as possible.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

If you would like to discuss these requests, please feel free to reach out to me, John Lindsay-Poland, co-director of the Healing Justice Program at 510-282-8983.

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 there are fees, 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.

Sincerely,

John Lindsay-Poland

From: Tehachapi Police Department

My records supervisor indicates this request has been fulfilled.

Kent Kroeger, Chief of Police
Tehachapi Police Department
220 West C Street
Tehachapi, CA 93561
661-822-2222
661-822-2263 fax
KKroeger@tehachapipd.com<mailto:KKroeger@tehachapipd.com>
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CONFIDENTIALITY NOTICE: This email message is intended only for the use of the individual or entity to which it is addressed, and may contain information that is privileged, confidential, and/or exempt from disclosure under applicable law. If you are not the intended recipient of the message, please contact the sender immediately and delete this message and any attachments. Thank you.

From: Tehachapi Police Department

Muckrock News,

Thank you for your request. The records responsive to your request were provided to you in August. Please refer to your online records request # 21-0135 and if you have any questions please contact the Tehachapi Police Department at 661-822-2222

Karrie-Anne Ritchie
Lead Dispatcher/Records Supervisor
Tehachapi Police Department
220 W "C" Street
Tehachapi, Ca 93561
661-822-2222
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From: John Lindsay-Poland

Dear Ms. Ritchie,

Thanks so much for your help with this request. I appreciate it.

Please note that I submitted a nearly identical request to another agency through the Muckrock platform, but it apparently went to Tehachapi PD, in addition to this one. Muckrock generates automated followup messages when there are no responses to PRA requests. In this case, it is not detecting responses because they are coming in on one of the requests. I've asked Muckrock to correct this. Sorry for the inconvenience!

Sincerely,
John Lindsay-Poland

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