P25Count

Martin Peck filed this request with the Department of Justice, United States Marshals of the United States of America.
Status
Completed

Communications

From: Martin Peck

To Whom It May Concern:

This is a request under the Freedom of Information Act. I hereby request the following records:

Count of the number of P25 capable radio units or systems in use by, or owned, or leased, or otherwise utilized by the agency. This includes any of the Motorola ASTRO APX P25 portables, Vertex Standard P25 portables, ICOM P25 portables, RELM Wireless P25 portables, Motorola MOTOTRBO DMR radios, and Mobile P25 Radios. This includes any P25 Phase 1 and Phase 2 capable radios. Please include yearly break-down by radio model, if available. Please include processing notes for this request, even if denied in part.

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, DVD-R, or BD-R if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 20 business days, as the statute requires.

Sincerely,

Martin Peck

From: Robinson, Nancy (USMS)

[USMS seal blue294 1in]

U.S. Department of Justice
United States Marshals Service

Office of General Counsel

CS-4, 10th Floor
Washington, DC 20530-1000

August 6, 2015

Martin Peck
MuckRock
DEPT MR 20170
PO Box 55819
Boston, MA 022058-5819

RE: Freedom of Information/Privacy Act Request No. 2015USMS28751
Subject: Count of P25 Capable Radios

Dear Requester:

The United States Marshals Service is in receipt of your Freedom of Information/Privacy Act (FOIA/PA) request(s) for records pertaining to the above subject maintained by this Bureau.
We have commenced a search for documents responsive to your request and will contact you when our processing is complete.

Although we are unable to determine at this time the amount of fees to be charged to you, if any, the filing of your request constitutes your agreement to pay all applicable fees that may be charged under the Department of Justice FOIA/PA regulations in excess of $25.00. You will be notified as soon as practicable if the estimated or actual fee for satisfying your request exceeds $25.00.

If you should have any questions, please contact Nancy Robinson at (202) 307-9054.

Sincerely,

William E. Bordley
Associate General Counsel/FOIPA Officer
Office of General Counsel

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Aug. 5, 2015. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thanks for your help, and let me know if further clarification is needed.

From: Robinson, Nancy (USMS)

[Description: USMS seal blue294 1in]

U.S. Department of Justice
United States Marshals Service

Office of General Counsel

CS-4, 10th Floor
Washington, DC 20530-1000

September 22, 2015

Martin Peck
MuckRock
DEPT MR 20170
PO Box 55819
Boston, MA 02205-5819

RE: Freedom of Information/Privacy Act Request No. 2015USMS28751
Subject: Count of P25 Capable Radios

Dear Requester:

The United States Marshals Service (USMS) is responding to your Freedom of Information Act (FOIA) request seeking a count of the number of P25 capable radio units or systems in use by, or owned, or leased, or otherwise utilized by the agency. This includes any of the Motorola ASTRO APX P25 portables, Vertex Standard P25 portables, ICOM P25 portables, RELM Wireless P25 portables, Motorola MOTOTRBO DMR radios, and Mobile P25 Radios. This includes any P25 Phase 1 and Phase 2 capable radios. Please include yearly break-down by radio model, if available. Please include processing notes for this request, even if denied in part.”

Pursuant to your request, the Marshals Service conducted a search of its files in the Investigative Operations Division and located eleven (11) pages of documents responsive to your request. Ten (10) pages are released to you with minimal deletions, pertaining to The names and information of law enforcement officers and predecisional delibertative information, withheld pursuant to FOIA exemptions (b)(5) and (b)(7)(C). One (1) page is being withheld in its entirety pursuant to FOIA exemption (b)(7)(E). See 5 U.S.C. § 552.

Exemption 5 concerns certain inter- and intra-agency communications protected by the deliberative process privilege. Exemption 7 permits the withholding of records or information compiled for law enforcement purposes, to the extent that the production of such records or information could reasonably be expected to (C) constitute an unwarranted invasion of personal privacy; and (E) disclose techniques and procedures for law enforcement investigation or prosecutions, or would disclose guidelines for law enforcement investigations or prosecutions if such disclosure could reasonably be expected to risk circumvention of the law. We have determined that a discretionary release of records or information withheld pursuant to these exemptions is not appropriate. See also United States Department of Justice v. Reporters Committee for Freedom of the Press, 489 U.S. 749 (1989). Enclosed please find the ten (10) pages.

If you are not satisfied with my response to your request, you may administratively appeal by writing to the Director, Office of Information Policy, United States Department of Justice, Suite 11050, 1425 New York Avenue, NW, Washington, DC 20530-0001, or you may submit an appeal through OIP's eFOIA portal at http://www.justice.gov/oip/efoia-portal.html. Your appeal must be postmarked or transmitted electronically within sixty days from the date of this letter. If you submit your appeal by mail, both the letter and the envelope should be clearly marked "Freedom of Information Act Appeal.

For your information, Congress excluded three discrete categories of law enforcement and national security records from the requirements of the FOIA. See 5 U.S.C. § 552(c ) (2006), & Supp. IV (2010). This response is limited to those records that are subject to the requirements of the FOIA. This is a standard notification that is given to all our requesters and should not be taken as an indication that excluded records do, or do not, exist.

Sincerely,

William E. Bordley
Associate General
Counsel/FOI/PA Officer
Office of General Counsel

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