FOIA Request

Good morning,

I am not responsible for responding to FOIA’s anymore and have not for several years. I have forwarded your message to the appropriate personnel.

Have a good day!

M/Cpl. Matt Riemann

Wilmington Police Department

300 N. Walnut St.

Wilmington, DE 19801

Office: (302) 576-3684<tel:(302)%20576-3684>

A new entry to a form/survey has been submitted.
Form Name: Public Records Request - Police
Date & Time: 05/09/2023 1:35 PM
Response #: 851
Submitter ID: 70621
IP address: 65.30.58.12
Time to complete: 42 min. , 59 sec.
Survey Details


Page 1


1. Requestor


Name Jonathan Rudenberg, a citizen of Delaware, in coordination with e

Mailing Address MuckRock News DEPT MR#140110 263 Huntington Ave

Floor/Suite/Apt # Not
answered

City Boston

State Massachusetts

Zip Code: 02115

Phone (617) 299-1832

Email
Address requests@muckrock.com


2. Records Requested


Be as specific as you can, describing types of records, dates, party(ies) to correspondence, subject matter, etc. The City of Wilmington ("City") will make every reasonable effort to assist you in identifying
the records being sought. Requests for voluminous records may be delayed. To Whom It May Concern:

Pursuant to the Delaware Freedom of Information Act, I hereby request the following records:

All metadata for Wilfredo Campos' text messages, instant messages, and chats where he was the sender or receipt on a government issued device sent between 1/1/2022 and 12/31/2022 including one of the following keywords: "ShotSpotter", "SST", or "Shot Spotter".

This request includes all group messages, and all messages in threads, in any form and any app (including, but not limited to, SMS, MMS, text, iMessage, Teams, Discord, WeChat, QQ, Signal, Zoom, Telegram, WhatsApp, Facebook, Facebook Messenger, Twitter, Instagram, Hangouts, Meet, Slack, Skype, Viber, Snapchat, Line, Kik, FaceTime, GroupMe but NOT including email), on any government
accounts/devices or on personal accounts or devices regarding the conduct of public business.

The specific metadata data points I'm interested in are: all recipients, all senders, sent date/time, received date/time, subject line, and names of all attachments. This request does not seek the contents of the messages themselves, and only the specified message metadata. Please provide me with the records in an Excel format.

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 15 business days, as the statute requires.

Sincerely,

Jonathan Rudenberg, a citizen of Delaware, in coordination with e.


3. There may be costs involved in responding to your request. Specifically, copies are $.10 per page (the first 20 pages of standard-sized, black and white copies are provided free of charge). Payment shall be in cash, by money order, business check or certified check made payable to the City of Wilmington. (Identification may be requested.) You may be required to examine the records at City offices.


Please contact me if costs will be greater than $ 25.00



Within 15 business days from receipt of your request, the City will: provide you with access to the records, deny your request, or state that additional time is needed.

NOTICE: Under Delaware's Freedom of Information Act, 29 Del. C. §§10001-10006 ("FOIA"), a FOIA request or petition, along with any information contained therein or any documents attached thereto, submitted to any "public body" subject to FOIA, including, without limitation, any board, bureau, commission, department, agency or committee of the State, may itself be deemed a "public record" subject to disclosure under FOIA. (http://delcode.delaware.gov/title29/c100/index.shtml)
FOIA Contact Persons by Department (https://www.wilmingtonde.gov/home/showpublisheddocument/626/638095605679870000)

Thank you,
Wilmington, DE
This is an automated message generated by Granicus. Please do not reply directly to this email.

Jonathan Rudenberg,
This message is in response to your May 9, 2023, Freedom of Information Act (FOIA) request for the following: “All metadata for Wilfredo Campos' text messages, instant messages, and chats where he was the sender or receipt on a government issued device sent between 1/1/2022 and 12/31/2022 including one of the following keywords: "ShotSpotter", "SST", or "Shot Spotter"”

Pursuant to McBurney v. Young, 569 U.S. 221 (2013), your request is denied because it appears that you are not a citizen of the State of Delaware.

Furthermore, your request is denied pursuant to 29 Del. C. §10002(o)(3) and (5). ShotSpotter records constitute intelligence files compiled for law‐enforcement purposes and investigatory files compiled for law enforcement purposes and are exempt from the definition of “public record.”

John D. Hawley, Esquire
Assistant City Solicitor
City of Wilmington Law Department
Louis L. Redding City/County Building
800 N. French Street, 9th Floor
Wilmington, Delaware 19801
jdhawley@wilmingtonde.gov<mailto:jdhawley@wilmingtonde.gov>

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or 302-576-2620 if calling from either outside the city or from a landline.

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