Automated License Plate Readers

Jordan Lassiter filed this request with the Yorktown Town Police Department of Yorktown, NY.

It is a clone of this request.

Est. Completion May 5, 2023
Status
No Responsive Documents

Communications

From: Jordan Lassiter

To Whom It May Concern:

Pursuant to the New York Freedom of Information Law, I hereby request the following records:

Pertaining to automated license plate reader (ALPR) reads within your department from January 1st, 2007, to the day this request is processed. Specifically, I am requesting the following information:

A log/database of all ALPR reads, including whether the read resulted in a hit/alarm, whether the hit/alarm was accepted, which hotlist(s) the hit/alarm corresponded to, whether the hit/alarm resulted in a vehicle stop, and whether the stop resulted in a citation, arrest or other action.

In support of this request, I would like to cite the following case law:

Matter of New York Times Co. v. City of New York Police Department, 139 Misc. 2d 893 (Sup. Ct. 1988): This case established that records created by ALPRs are subject to disclosure under the New York Freedom of Information Law.
Matter of Fappiano v. New York City Police Department, 95 A.D.3d 923 (2d Dept. 2012): This case involved a request for records relating to the NYPD's use of ALPRs. The court held that the NYPD must disclose records related to its use of ALPRs under FOIL, including records related to the purchase, maintenance, and operation of the ALPRs.
Matter of New York Civil Liberties Union v. City of New York Police Department, 18 N.Y.3d 147 (2011): This case involved a request for records related to the NYPD's use of ALPRs. The court held that records related to the NYPD's use of ALPRs are subject to disclosure under FOIL, including records related to the purchase, maintenance, and operation of the ALPRs.
Please note that if any responsive records are withheld, redacted, or deleted, I reserve the right to seek legal remedies, including a court order compelling the production of the records. The New York State Courts have consistently held that the public has a right to access government records, including those created and maintained by law enforcement agencies, subject to limited exceptions.

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 5 business days, as the statute requires.

Sincerely,

Jordan Lassiter

From:

Jordan,


I acknowledge receipt of your FOIL request dated April 17, 2023 and will
respond to your request by May 5, 2023.



Respectfully,






Lieutenant Timothy Kolkmann
Staff Division Commander
Town Of Yorktown Police Department
1 Captain Kenneth Sgroi Plaza
Yorktown Heights, NY 10598
914-962-4141 Ext. 111

From: Yorktown Town Police Department

Jordan,
After reviewing your FOIL request, I found the Automated License Plate Readers (ALPR) records you are requesting are RECORDS THAT CANNOT BE FOUND AFTER A DILIGENT SEARCH and are RECORDS NOT MAINTAINED BY THIS AGENCY.  While this information is contained within individual police reports, without having specific blotter numbers the information can not be located.  Such records would only be maintained by the Westchester County Department of Public Safety - Real Time Crime Center (RTC). The (RTC) email contact is Dps-rtc@westchestergov.com. (mailto:Dps-rtc@westchestergov.com)

Respectfully,

LT. Kolkmann






Lieutenant Timothy Kolkmann
Staff Division Commander
Town Of Yorktown Police Department
1 Captain Kenneth Sgroi Plaza
Yorktown Heights, NY 10598
914-962-4141 Ext. 111

From: Yorktown Town Police Department

Good Afternoon,

Attached is the response to your FOIL request.

Regards,

Yorktown Police Department - Records Unit

1 Captain Kenneth Sgroi Plaza

Yorktown Heights, NY 10598

(914)962-4457 ext 410

(914)962-4458 fax

records@yorktownpd.org <mailto:records@yorktownpd.org>

<http://www.yorktownpd.org/> www.yorktownpd.org

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