Request: Access to Records - Rachel Martinez Arrest (Trinidad Police Department)

MuckRock News
DEPT MR 146407
263 Huntington Ave
Boston, MA 02115

Date: July 8, 2023

Trinidad Police Department
204 E. Main Street
Trinidad, CO 81082

Attn: FOIA Officer

Subject: Freedom of Information Act (FOIA) Request – Request for Records

Dear FOIA Officer,

Under the provisions of the Freedom of Information Act, 5 U.S.C. § 552, I hereby request access to and copies of the following records held by the Trinidad Police Department pertaining to the arrest of Rachel Martinez on July 6, 2023, in Trinidad, CO:

Body-worn camera (BWC) footage: I request copies of all available body-worn camera footage recorded by the officers involved in the arrest of Rachel Martinez. This request is supported by relevant case law, including: Citing North Jersey Media Group Inc. v. Township of Lyndhurst, 229 N.J. 541 (2017) and Wood v. Moss, 572 U.S. 744 (2014).

Dashcam footage: I request copies of all available dashcam footage recorded by the patrol vehicles involved in the arrest of Rachel Martinez. This request is supported by relevant case law, including: Citing Ctr. for Pub. Integrity v. U.S. Dep't of Justice, 846 F.3d 1238 (D.C. Cir. 2017) and Slocum v. U.S. Dep't of Justice, 228 F. Supp. 3d 34 (D.D.C. 2017).

Arrest report: I request a copy of the arrest report, including all relevant details and information related to the charges of Criminal Mischief and Resisting Arrest. This request is supported by relevant case law, including: Citing New York Times Co. v. U.S. Dep't of Justice, 915 F.3d 508 (2d Cir. 2019) and Ctr. for Investigative Reporting v. U.S. Dep't of Justice, 746 F.3d 1088 (9th Cir. 2014).

911 audio recordings: I request copies of any audio recordings of the 911 call(s) or dispatch communications related to the incident involving Rachel Martinez. This request is supported by relevant case law, including: Citing Associated Press v. U.S. Dep't of Justice, 549 F.3d 62 (2d Cir. 2008) and Soucie v. David, 448 F.2d 1067 (D.C. Cir. 1971).

Booking records: I request copies of the booking records for Rachel Martinez, including any photographs or mugshots taken during the booking process. This request is supported by relevant case law, including: Citing Dettelbach v. U.S. Dep't of Justice, 745 F.3d 449 (6th Cir. 2014) and Associated Press v. U.S. Dep't of Justice, 549 F.3d 62 (2d Cir. 2008).

Should any portion of the requested records be deemed exempt from disclosure, I request the release of any reasonably segregable non-exempt portions in accordance with 5 U.S.C. § 552(b). If an entire document is exempt, I request a justification, citing specific FOIA exemptions, and provision of an exemption log as per Vaughn v. Rosen, 484 F.2d 820 (D.C. Cir. 1973).

Please note your obligation under the law not to destroy any records potentially responsive to this request. Any withholding, redaction, or destruction of responsive records without proper justification constitutes a violation of the FOIA and is subject to litigation, as confirmed in Kissinger v. Reporters Committee for Freedom of the Press, 445 U.S. 136, 150 (1980).

Enclosed is a letter requesting a fee waiver for the processing of this request. As an independent investigative journalist associated with TransparencyReport.pw, I believe that the information I seek is in the public interest and its disclosure contributes significantly to public understanding of the operations or activities of the government.

If the enclosed waiver is not accepted and there are any potential charges in excess of $200 associated with fulfilling my request, please inform me in advance.

As stipulated by the FOIA, I look forward to your response within twenty business days (5 U.S.C. § 552(a)(6)(A)(i)).

Thank you for your prompt attention to this matter.

Sincerely,
Jordan Lassiter
Independent Investigative Journalist
TransparencyReport.pw
Email: Jordan@Lassiter.eu
Phone: +1 845-218-0299

Enclosure: Fee Waiver Request Letter

Please be aware: All communications related to this request, including incoming and outgoing communications, will be publicly available on MuckRock.com. Additionally, any correspondence in relation to this request will be instantly published on the platform.