Request #20-3284
  Closed

Please see attachment.

 

SB 1421

 

Requesting the preservation of evidence, all electronic devices, all audio and video footage in the arrest of [REDACTED ON 5/28/2020].


Received

May 26, 2020 via mail


Departments

Police Department (LAPD)

Documents

Public

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Staff

Point of Contact

LAPD Analyst Jackie N3375

Document(s) Released Public
20-3284_REDACTED.pdf
June 30, 2020, 5:30am
Document(s) Released Public
REDACTED 20-3284_REDACTED (1).pdf
June 23, 2020, 4:22pm
Request Closed Public
 This request is now closed. 
June 22, 2020, 6:58am
External Message   Hide Public

Dear Requester:

 

I have reviewed your letter to the Los Angeles Police Department (“LAPD” or “Department”) dated, May 19, 2020.  The Department has processed your request regarding preservation of evidence related to an incident on April 24, 2020.  The second part of your request, requesting surveillance footage for the period of January 16,2020 through January 31, 2020 is being handled under the California Public Records Act (Cal. Govt. Code section 6250, et seq., hereinafter the “CPRA” or “Act”).  

 

The Department is cognizant of its responsibilities under the CPRA.  It recognizes the statutory scheme was enacted to maximize citizen access to the workings of government.  The Act does not mandate disclosure of all documents within the government’s possession.  Rather, by specific exemption and reference to other statutes, the Act recognizes that there are boundaries where the public’s right to access must be balanced against such weighty considerations as the right of privacy, a right of constitutional dimension under California Constitution, Article 1, Section 1.  The law also allows for nondisclosure of records that are otherwise exempt under either express provisions of the Act or pursuant to applicable federal or state law, per California Government Code Sections 6254(a); 6254(b); 6254(c); 6254(f); 6254(k); and 6255.

 

Regarding your request for surveillance footage for the period of January 16, 2020 through January 31, 2020, generally, surveillance videos in LAPD’s possession are investigatory in nature and if any videos were found, they would be properly part of an investigatory file.  In accordance with the California Government Code, Section 6254(f), records of investigations conducted by, or investigatory files compiled by, any local police agency for law enforcement purposes are exempt from disclosure. Therefore, we are denying your request for surveillance footage. However, if you would like to provide us with more information regarding a specific incident you believe may have occurred involving Mr. Padilla during that time frame and you believe LAPD may have surveillance video in their possession, please advise so we may re-open your request to evaluate and further our search.

 

If you have any questions, please respond to this email.

 

 

Respectfully,

 

LAPD Discovery Section, CPRA Unit

June 19, 2020, 9:21am by LAPD Sr Analyst Dan V9584 LAD, LAPD LAD Discovery - Sr Analyst (Staff)
Due Date Changed Public
06/19/2020 (was 06/05/2020).
June 2, 2020, 9:40am
External Message   Hide Public

Dear Requester:

 

I have reviewed your California Public Records Act request. 

 

Please be advised that, pursuant to California Government Code Section 6253(c), I have found that “unusual circumstances” exist with respect to the request due to the need to search for, collect, and review the requested records from other Department entities which are separate from the office processing the request.  Therefore, my staff will require the statutory fourteen days extension of time in which to respond.  A determination concerning your request will be made as soon as possible.

 

If you have any questions regarding this correspondence, simply respond to this email. 

 

Respectfully,

LAPD Discovery Section CPRA Unit

June 2, 2020, 9:40am by LAPD Analyst Jackie N3375 (Staff)
Request Published Public
May 28, 2020, 2:31pm
Department Assignment Public
Police Department (LAPD)
May 28, 2020, 9:51am
Request Opened Public
Request received via mail
May 28, 2020, 9:51am