RIVERSIDE COUNTY
STANLEY SNIFF SHERIFF

P.O. BOX SI2 • RIVERSIDE. CALIFORNIA 92SIl2 • (951) 955-240() • I'AX (951) 955-2428

October 6, 2011

VIA FIRST CLASS MAIL
Mr. Peter Bibring
ACLU
1313 West Eighth Street
Los Angeles, CA 90017

Re:

Public Records Act Request Regarding Surveillance Tecllnologies

Dear Mr. Bibring:
On behalf of the Riverside County Sheriff's Department, this correspondence is in
response to your request by the ACLU under the provisions of the California Public Records Act,
Government Section 6250 et seq. reference Surveillance Technologies which was received on
August 9, 2011.
I have enclosed a copy of your original request for your convenience and reference as 1
respond to each of the numbered items hereafter.

A.

Mobile Phone location records. We hereby request disclosure of all records in your
possession relating to seeking or acquiring mobile location records. This request includes
but is not limited to records relating to the following:
AI)

All policies, procedures, training, and practices related to and/or governing any
effOlts by the department to obtain mobile location records.

Search warrants are utilized to obtain mobile phone records. Ben Clark Training Center
offers three courses on search warrants; Search Warrant Investigators (Search Warrant
Preparation), Search Arrest Warrant ('5earch Warrant Execution), and Advanced Search
Warrant. See attached outlines. Course manual is a confidential document and is exempt
jiom disclosure based on Evidence Code 1040(6) (2). See Ai under Attachment A.

* Records relating to the ALPR were previously provided in a response dated
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November 10, 2008.

 A2)

All policies, procedures, training and practices governing and/or limiting the
purposes for which mobile location records are or may be nsed by the
Department.

There are no responsive records.

A3)

All data retention policies relating to mobile location records, including but not
limited to policies detailing how long mobile phone location records are kept,
databases in which they are placed, government agencies (federal, state, and local)
or non-governmental entities with which they are or they may be shared.

There are no responsive records ..

A4)

The use of mobile location records to identify "communities ofInterest" (i.e.
those persons who have communicated with a target) in investigations.

There are no responsive records.

A5)

The use of mobile location records to identify all of the mobile phones at a
particular location.

There are no responsive records.

A6)

The use of "digital fences" (systems by which your agency is notified whenever a
mobile phone comes within a specific geographical location).

There are no responsive records ..

A 7)

The legal standard of suspicion (e.g. probable cause, reasonable suspicion,
relevance) the department requires or proffers prior to obtaining mobile location
records.

The Department follows the legal standard outlined in California Penal Codes section
1525. See A7 under Attachment A.

AS)

Statistics regarding the department's use of mobile location records, including the
number of emergency requests for which no cOUli order was obtained.

There are no responsive records.

A9)

Any applications by the deparhnent to internal or external entities (including but
not limited to magistrates or other judicial officers) seeking mobile location
records, and any decision or orders ruling on such applications.

The term "application" is vague and ambiguous, open 10 multiple interpretations. To the
extent you are referring to an application for a search warrant, the Department does not
'Records relating to the ALPR were previously provided in a response dated November 10, 2008.

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 have an individual data- base for tracking search warrant applications. You failed to
state a specific timeframe or reasonably identify a record that would enable the
Department to search for and identify potentially responsive documents; thus, creating
the unreasonable expectation that the Department will examine potentially years worth
and potentially thousands of cases and segregate exemptfrom nonexempt information
from a record that is identified as potentially responsive. This request is unreasonable
and overly burdensome.
Government code section 6255(a) states that an agency isjustified to withhold any
record if on theface of the particular case the public interest served by not disclosing the
record clearly outweighs the public interest served by disclosure of the record." In
American Civil Liberties Union Foundation v. Deukmejian (1982) 32 Ca1.3 rci 440, the
State refused to disclose IOO index 'information cards" about criminal defendants and
intelligence sources, on the grounds that the inconvenience and burden of reviewing them
to distinguish between public and confidential information outweighed the need for
disclosure. (Deukmejian, 32 Cal.3'd at 543-454). After examining the records, the court
held that "It is clear that the burden of segregating exemptfrom non-exempt information
on the J00 cards would be substantial. " (Deukmejian 32 Cal. 3rd at 454).
It is also unknown which search warrant application have been become sealed and part
of an investigative police file without bifurcating active investigations from those deemed
concluded. As clearly set out in Williams v Superior Court (1953) 5 Cal. 4th 337 is the
proposition that the investigatOly.file exemption to the public records act request is not
lost even if the investigation is deemed concluded. In Addition, particular interests outlive
the conclusion of an investigation such as the possibility of endangering the safety of a
person involved in the investigation. Williams supra at 357. See also Government Code
6254(j) which exempts law enforcement investigatory files from public disclosure.
Any of the search warrant applications containing intelligence and sealed information
would be exempt from public disclosure under 6254(j). See also California Evidence
Code section 1040(b) (2) which prevents disclosure of cO'?fidential information. For all
of the foregoing reasons, the information sought under A9 is denied. However, and in the
spirit of cooperation, we kind!y direct you to the Riverside Superior Courts where search
warrants are maintained and, unless sealed, are open for public viewing. The ACLU staff
can make arrangements with the courts for this process.
AIO)

Communications with mobile companies and providers oflocation-based services
regarding mobile location records, including:

The term "communications" is too broad, vague and ambiguous, and or; open to
multiple interpretations. To the extent you are talking about communications designed to
gather information for search warrant preparation refer to response A9.
'Records relating to the AlPR were previously provided in a response dated November 10, 2008.

- 4247 -

 Policies and procedures of mobile companies and providers oflocation-based
services regarding release of consumer mobile location records to third-parties,
including law enforcement.
There are no responsive records. The Riverside County SherifFs Department is not the
custodian of these records. The ACLU is capable of contacting each of the mobile phone
companies and inquiring as to their individual policies and procedures.

Requests, court orders or subpoenas sent to mobile companies or providers of
location-based services for mobile location records.
See response to A9.

Responses by mobile companies and providers of location based services to any
such requests, court orders or subpoenas
See response to A9.

Invoices reflecting payments for obtaining mobile location records.
There are no responsive records.

Instances in which mobile companies have refused to comply with request or
order
There are no responsive records. The Riverside County SherifJDepartment does not
maintain records in instances where mobile phone companies have refused to comply
with requests or orders. The ACLU is capable of contacting the mobile phone companies
for records of which they are the custodian and request those records.

B.

Internet, Social Network, and Book Service Investigations. We also request disclosure of
records in your possession relating to internet investigations, including but not limited to
internet investigations utilizing social networking websites or websites providing rental,
purchase, borrowing, browsing or viewing of book ("book service sites"). This request
includes but is not limited to records relating to the following:
Bl)

Policies, procedures, and practices governing any efforts by the department to
obtain Infonnatiol1 about suspects, targets of investigations, witnesses or persons
of interest through the internet, including through social networking and book
service sites.

There are no responsive records.

*Records relating to the ALPR were previously provided in a response dated November 10,2008.

- 4248 -

 B2)

Training materials provided to department personnel by the department (or by
outside trainers contracted by the department) that provide training, guidance or
information on how to obtain information about suspects or targets of
investigations, witnesses, or persons of interest through the internet, including
through social networking and book service sites.

The Department has training related to online internet predators. Actual investigative
methods are exempt from disclosure based on evidence code 1040(b) (2). See B2 under
attachment B.

B3)

Policies, procedures, training, and practices governing and/or limiting the
purposes of for which information obtained through the internet, including social
networking sites, are or may be used.

There are no responsive records.

B4)

Policies, procedures, training and practices governing and/or limiting the sharing
of information obtained through the internet, including through social networking
sites and book service sites, with other (federal, state and local) government or
law enforcement agencies, or non-govemmental entities or individuals

There are no responsive records. However. see California Penal Code section 13300 et.
sec.. which states criminal offender records shall not be released except as authorized by
law. See B4 under Attachment B.

BS)

All policies, procedures, training or practices relating to the maintenance and
retention of data or information obtained through the internet, including through
networking sites, including but not limited to policies detailing how records of
such information are kept, databases in which they are placed limitations on who
may access the records and for what purposes, and circumstances under which
they are deleted.

The Department does not have a policy regarding the retention (jf information obtained
via the internet and/or networking sites. For general records and information retention
the Department defaults to the/allowing authorities; County ofRiverside General
Records Retention Schedule, Riverside County Sheriff's Department General Orders
section 900.00-900.03 and 401.19, Riverside County Sheriff's Department Dispatch
Operations Manual section 601.09.. Archival Tapes, County ofRiverside Board of
Supervisor's Resolution No. 82-134, Riverside County Sheriff's Department Directive
#11-027 EST / Civil Litigation and Nelson v. Superior Court (County (jf Los Angeles)
(2001). Cal. App.4,h.

'Records relating to the ALPR were previously prov',ded in a response dated November 10, 2008.

- 4249 -

 Records are shared with law enforcement in accordance with California Penal Code
section 13300 et.a!. See B5 under Attachment under B.

B6)

The legal standard or level of suspicion (e.g. probable cause, reasonable
suspicion, relevance) the department requires or proffers prior to engaging in such
investigations.

There are no responsive records. The Internet, Social Networking Sites and Books
services are investigative tools that are utilized when the injc)rmation that may be
gleaned from the site is relevant the open investigation. Injbrmation accessed is open and
available to all users of the World Wide Web. To the extent you are referring to search
warrants and court orders refer to A 7.

B7)

Statistics regarding the department's use of social networking or book service
records, including the number of requests for which no court order was obtained.

There are no responsive records.

BS)

Any applications by the department to internal or external entities (including but
not limited to magistrate or other judicial officers) seeking social networking or
book service records, and any decisions or orders ruling on such applications.

Any responsive documents are exempt from disclosure pursuant to Government Code
section 6254(f). Refer to A9.See B8 under Attachment B.

B9)

Communications with social networking or book service providers regarding
records, including

Too vague and burdensome to research as well as being outside of the scope and control
of the Department. Refer to Al O.

Policy and procedures of social networking or book service providers regarding
release of consumer records to third parties, including law enforcement
There are no responsive records. Refer to AlO.

Requests, court orders or subpoenas sent to social networking or book service
providers;
R~fer

toA9.

Responses by social networking or book services providers to any such requests,
COUTt orders or subpoenas
Any responsive documents are exempt from disclosure pursuant section 6254(f). Refer to
A9.See B8 under Attachment B.
'Records relating to the ALPR were previously provided in a response dated November 10, 2008.

- 4250 -

 Invoices reflecting payments for obtaining social networking or book service
records;
There are no responsive records.

Instances in which social networking or book service providers have refused to
comply with a request order.
There are no responsive records. The Riverside County Sheriff Department does not
maintain records in instances where mobile phone companies have refused to comply
with requests or orders. The ACLU is capable of contacting the mobile phone companies
for records of which they are the custodian to request those records.

C.

GPS Tracking Devices and ALPR. We also request disclosure of records in your
possession relating to GPS tracking device or "ALPR". This request includes but is not
limited to records relating to the following;
CI)

All records relating to the acquisition, purchase, and deployment ofGPS Tracking
Devices and/or ALPR's, including but not limited to all records relating to the
number of such devices owned by the department, their location, and the unit or
division of the department given primary use of the device

There are approximately 28 pages of invoices identifYing the purchase of and the
location of GPS devices dating back to 2007. There are two pages identifYing purchases
ofALPRs since November 2008. See Cl under attachment C.

C2)

All records relating to GPS tracking devices and/or ALPR's owned or operated by
other government agencies (including non-law enforcement) and private entities
within the department's jurisdiction, for which the department can access any or
all data collected.

There are no responsive records.

C3)

All policies, procedures, training and practices governing nse by department of
GPS tracking devices and or ALPRS.

There are no responsive "records. Case law, reasonable suspicion if vehicle is in a public
area, search warrant if vehicle is on private property. Refer to C4.

C4)

All training materials provided by to department personnel by the department (or
by outside trainers contracted by the department) that provide training, guidance
or information in the use of GPS tracking devices or ALPR's.

'Records relating to the ALPR were previously provided in a response dated November 10, 2008.

- 4251 -

 There are no responsive .records. Outside training on generic GPS devices provided by
DOJ in a high tech surveillance course, however Riverside County Sheriff's Department
is not the custodian of those records. User manuals are provided with the devices and are
available to users.
C5)

All policies, procedures, training, and practices governing and/or limiting the
purposes for which the information obtained through GPS tracking devices and/or
ALPR devices may be used by the department or shared with other (federal, state
or local) government agencies or non-government agencies.

There are no responsive records. Refer to California Penal Code section 13300 et. sec.
See C5 under attachment C.
C6)

All data policies relating to the maintenance and retention of infonnation obtained
through GPS tracking devices and/or ALPR's, including but not limited to
policies detailing how records of such information are kept, databases in which
they are placed, limitations on whom may access the record and for what purpose.

The information gathered by GPS devices are uploaded to the manufacture's website. A
supervisor accesses the site and views the information. Information is maintained in the
case agent's case file. Records are maintained to comply with the statute of limitations,
appeals process and afler a Judge has authorized the destruction of records. Records are
shared within the criminaljustice system when necessary in the furtherance of an open
investigation. Refer to California Penal Code section 13300 et. sec. Refer to General
Orders 900-900.08; See C6 under attachment C.
C7)

The legal standard or level of suspicion (e.g. probable cause, reasonable
suspicion, relevance) the Department requires or proffers prior to using GPS
tracking devices and/or ALPRs.

There are no responsive records. Refer to A 7.

D.

Public Video Surveillance cameras/ Facial Recognition Technologies. We also request
disclosure of records in your possession relating to the use of Public video Surveillance
Cameras and Facial Recognition Technology. The request includes, but is not limited to
records relating to the following:
D 1)

The number and location of public video surveillance cameras currently in the
jurisdiction of the Department.

The Department does have security cameras in and around our facilities used primarily
for the security of those facilities. According to your footnote #4 on page 5 ofyour
• Records relating

to the ALPR were previously provided in a response dated November 10, 2008.

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 request, we inte/pret your request to mean surveillance cameras placed in public
locations notfor the purpose of interior or exterior building security. If that is correct,
the Department has no permanent public video surveillance cameras. For special or
undercover investigations, the Department uses surveillance video to gather intelligence
and evidence pertinent to an assignment and to supplement prosecution. Those records
are exemptfrom public disclosure under Government Code 6254(f). Also see Evidence
Code l040(b) (2) and the aforementioned response to #A9. See Dl under Attachment D.

D2)

The number and location of public video surveillance cameras currently There are
no public video surveillance cameras.

There are no responsive records.

D3)

Which public depmiment or departments control, or will control, the use of public
surveillance cmueras, and which public or departments have access to, or will
have access to, the camera footage and for what purposes.

There are no responsive records.

D4)

Policies or procedures regarding the public video surveillance Ca!11eras located in
the Depmtmcnt's jurisdiction or planned to be installed in the Department's
jurisdiction, including but not limited to: access to Ca!11era footage to the public,
the provision of the camera footage, retention of camera footage, purging of the
camera footage, the sharing of the Ca!11era footage with other agencies, and
evaluating the video surveillance Ca!11era progra!11.

There are no responsive records.

DS)

The use or proposed use of "facial recognition" teclmology in conjunction with
either any public video surveillance cameras or any other video or image data.

The Facial Recognition Technology is utilized by CAL-ID. The facial recognition
program searches the Riverside County photograph depositOly. The depository contains
photographs of booking photos from the five jails throughout the county. The facial
recognition program makes a comparison and provides the user with a list ()fpossible
matches. The user then examines the possible matches and makes a determination if there
is a suitable match.
The facial recognition program is only used in ongoing investigations and there for those
responsive records are exemptfrom disclosure based on section 6254(/). See D5 under
attachment D.

D6)

Programs, policies or procedures(or proposals for programs, policies and
procedures) relating to real time access by the depmiment, for law enforcement or

'Records relating to the ALPR were previously provided in a response dated November 10, 2008.

- 4253 -

 other govemment purposes, to video cameras installed on private property or
controlled by private businesses or individuals.
There are no responsive records.

D7)

The funding used to purchase existing video surveillance cameras or allocated for
the purchase of future cameras, including general funds allocated by local
govemments, drug forfeiture or other diverted funds, and any applications,
proposals, or award letters from federal and state funding sources.

Purchase ()(two pole cameras utilizing CalMMET funds. See D7 under Attachment D.

DS)

The number of times each year for the last five years that the video surveillance
camera footage has been requested, by whom and for what purpose.

There are no responsive records.

D9)
The number of times each year for the last five years that video surveillance
camera footage was used in an investigation of any crime, including the role, if any, it
played in identifying or arresting suspects.
There are no responsive records.

D I 0)

Communications from vendors, contracts, specifications, requests for proposals,
or other information related to the purchase, installation or technological
capabilities of existing public video surveillance cameras or additional video
cameras that are being considered for installation in the city. We are requesting all
such communications even if the Deprutment does not already have a public video
surveillance program.

There are no responsive records.

D II)

All records, data, analyses or statistics relating to the effect (or lack thereof)

There are no responsive records.

E.

Mobile Forensic Data Extraction- we also request the disclosure of records in your
possession relating to the use of technology for the "Mobile Forensic Data Extraction."
This includes but is not limited to the records relating to the following:
EI)

The Mobile Forensic Data Extraction devices currently owned by the Department
or proposed for purchase by the Department, and the unit or division of the
Department given primary use of each device

*Records relating to the ALPR were previously provided in a response dated November 10, 2008.

- 4254 -

 CATCH- One Cellebrite, One Logicube Celldek, Two Susteen DataPilot Systems, Two
Sus teen Secure View Systems.
Moreno Valley- One Cellebrite
Palm Desert- One Cellebrite
E2)

All policies, procedures, training and practices governing usc by Department
personnel of any such Mobile Forensic Extraction Device.

There are no responsive records in regards to policy. Manufacturer manuals are used as
reference materials. Procedures taught by Cal DOJ ATC and other outside computer
forensic courses. Department members utilize other law enforcement agencies, device
manufacturers and the Internet as additional resources when processing mobile devices.
E3)

All policies, procedures, training and practices governing, limiting or relating to
the purposes for which Mobile Forensic Data Extraction devices may be used.

There are no responsive records related to policy. As with all digital evidence we conduct
exams in the following circumstances; pursuant a search warrant, Fourth Amendment
waivers, consent, government owned, andlorfound property.
E4)

All data policies relating to the maintenance and retention of information obtained
through mobile forensic devices, including but not limited to policies detailing
how records of such information are kept, databases in which they are placed,
limitations on who may access the records and for what purposes, circumstances
under which they are deleted, and circumstances under which they may be shared
with other government agencies or non-government agencies.

The Department does not have a policy regarding the retention of information obtained
via the mobileforensic devices. For general records and information retention the
Department defaults to the following authorities; County ofRiverside General Records
Retention Schedule, Riverside County Sheriff's Department General Orders section
900.00-900.03 and 401.19, Riverside County Sheriff's Department Dispatch Operations
Manual section 601.09. Archival Tapes, County of Riverside Board of Supervisor's
Resolution No. 82-134, Riverside County Sheriff's Department Directive #11-027 ESI I
Civil Litigation and Nelson v. Superior Court (County ofLos Angeles) (2001), Cal.
App.4th.
Records are shared with law enforcement in accordance with California Penal Code
Section 13300 et.al. See E4 under Attachment E.

'Records relating to the ALPR were previously provided in a response dated November 10, 2008.

- 4255 -

 ES)

The legal standard or level of suspicion (e.g. probable cause, reasonable
suspicion, relevance) the deparhnent requires or proffers prior to using search
devices.

Refer to A7.

F.

Other surveillance Technology- we also request disclosure of records in your possession
relating to the use of other surveillance technology. We request records relating to the
following:
FI)

The purchase the proposed purchase, request to purchase, or application for
funding to purchase all technology and/or devices, other than those specifically
enumerated in the Request A through E, designed to accomplish the following:
a.

gather and retain infOlmation on specific individuals and/or vehicles
without a basis to believe they are involved in a particular crime;

There are no responsive records.

b.

capture digital information on the location of a person or vehicle;

There are no responsive records.

c.

copy and/or intercept electronic data on mobile devices or computers (not
including voice transmissions)

There are no responsive records.

F2)

All policies, procedures, training and practices related to the use of any devices
and/or technology, purchased by the Department as disclosed in response to
request FI.

There are no responsive records.

F3)

All policies, procedures, training and practices governing, limiting or relating to
the purposes for which such devices and/or technology may be used.

There are no responsive records.

*Records relating to the ALPR were previously provided in a response dated November 10, 2008.

- 4256 -

 F4)

All data policies relating to the maintenance and retention of information obtained
through such devices and/or technology, including but not limited to policies
detailing how records of such information are kept, databases in which they are
placed, limitations on who may access the records and for what purposes,
circumstances under which they are deleted, and circumstances under which they
may be shared with government agencies or non-governmental entities.

There are no responsive records ..
FS)

The legal standard or level of suspicion (e.g. probable cause, reasonable
suspicion, relevance) the department requires or proffers prior to using such
devices and/or technology.

There are no responsive records.

Thank you for your interest in these records and please do not hesitate to call if you
should have any questions.

Cordi~~ly, .

/l

~i1~~;~lc!~~;!utenant
Keith
Professional Standards Bureau

SS:KP:lcp

*Records relating to the ALPR were previously provided in a response dated November 10, 2008.

- 4257 -

 LIBERTY

Chair
Stephen Rohde

August 3,2011

President
Douglas Mirell

By United States Mail

Chairs Emeriti

Danny Goldbel'g
Allan K. Jonas
Burt Lancaster*
Irving Lichtenstein, MD*'
jar[ Mohn

Re:

Laurie Ostrow*

Chief Counsel
Mark D. Rosenbaum

Deputy Executive Director

James Gilliam
Chief FinancLal Officer

Brenda Maull
Communications Director
Jason Howe
Development Dire.ctor
Sandy Graham~jol1es

Legal Director &:
Manheim Family Attorney
for First Amendment Rights
Peter- J. Eliasberg

Deputy legal Director

Ahilan T. Arulanantham
Director of Policy Advocacy

Clarissa Woo

Director of Community
Engagement
Elvia Meza

JUSTICE I EQUALITY

Sheriff Stanley Sniff
Riverside County Sheriff's Department
4095 Lemon Street
Riverside, CA 92501

Stanley K. Sheinbaum
,. deceased
Executive Director
Hector O. Vittagra

I

Public Records Act Request Regarding Surveillance
Technologies

Dear: Dear Sheriff Sniff;
We are troubled by the recent increase in the iidoption of
surveillance technologies by police departments across California, without
appropriate privacy safeguards. A number of cities have implemented or
considered implementing programs to conduct video surveillance of public
streets, to automatically identify vehicles and their locations, to allow
officers to track the location of suspects through mobile phone records or
GPS devices without a warrant. These programs pose a significant threat
to privacy rights, particularly when policies to guide their llse are
inadequate or non-existent.
In light of these concerns, the ACLU of Southern California
("ACLU-SC") submits the following request for records in the possession,
custody or control of Riverside County Sheriffs Department (the
"Department") pursuant to the California Public Records Act, Cali forni&
Govemment Code §6250 ef seq. The Act requires responding ageocies to
provide a response within ten (10) days of receipt ofa request. {~ee Gov.
Code §6256. We look forward to your prompt response.
.\ Throughout these requests, the term "records" includes but is not
limited to any paper or electronic information, reports, evaluations,
memoranda, correspondence, letters, emails, charts, graphs, flyers, meeting
ag~ndas all'a minutes, training materials, diagrams, forms, DVDs, tapes,
cDs, notes or other similar materials.

Executive Dirac'tor Emeritus
Ramona Rip}5ton

,

1313 WEST EIGHTH STREET

LOS ANGELES CA

90017

1213.977.9500

- 4258 -

f 213.977.5299

ACLU-SC.ORG

 Page 2
A. Mobile Phone Location Records. We hereby request disclosure of all records in
your possession relating to seeking or acquiring mobile location records. l This
request includes but is not limited to records relating to the following:

AI) All policies,2 procedures, training, and practices related to andlor governing
any efforts by the department to obtain mobile location records.
A2) All policies, procedures, training, and practices governing and/or limiting
the purposes for which mobile location records are or may be used by the
department.
A3) AI! data retention policies relating to mobile location records, including but
not limited to policies detailing how long m.obile phone location records are
kept, databases in which they are placed, government agencies (federal, state
and local) or non-governmental entities with which they are or may be
shared.
A4) The use of mobile location records to identify "communities of interest"
(i.e., those persons who have communicated with a target) in investigations.
AS) The use of mobile location records to identify all of the mobile phones at a

particular location.
A6) The use of "digital fences" (systems whereby your agency is notified
whenever a mobile phone comes within a specific geographic area).
A7) The legal standard or level of suspicion (e.g. probable calise, reasonable
suspicion, relevance) the department requires or proffers prior to obtaining
mobile location records.
A8) Statistics regarding the department's use of mobile location records,
including the number of emergency requests for which no court order was
obtained.
A9) Any applications by the department to internal or external entities (including
but not limited to magistrates or other judicial officers) seeking mobile
location records, and any decisions or orders ruling on such applications.
AIO) Communications with mobile companies and providers of location-based
services regarding mobile location records, including
l
1 'rhe term ~'mobUe location records ' refers to records obtained from a cell phone, smartphone, or other
mobile device by a telecommunications provider andlor provider of location-based services pertaining to
the location ora particular phone, including real-time tracking and records regarding historic mobile
location information, and also including all available methods of locating mobile devices, such as "cell
site," triangulation, and GPS.
2 The term "policies" throughout this request includes but is not limited to codes, department policies, rules
and regulations, bulletins, memoranda, directives, powerpoint presentations, and training materials.

2

- 4259 -

 Page 3

o Policies and procedures of mobile companies and providers of locationbased services regarding release of consumer mobile location records
to tbird-parties, including law enforcement;
o Requests, court orders or subpoenas sent to mobile compames or
providers of location-based services for mobile location records;
o Responses by mobile companies and providers of location-based services
to any such requests, court orders or subpoenas;
o Invoices reflecting payments for obtaining mobile location records;
o Instances in which mobile companies have refused to comply with a
request or order.
B, [nternet, Social Network, and Book Service Investigations. We also request

disclosure of records in your possession relating to internet investigations,
including but not limited to investigations utilizing social networking websites or
websites providing the rental, purchase, bOiTowing, browsing, or viewing of
books ("book service sites"). This request includes but is not limited to records
relating to the following:
B 1) Policies, procedures, and practices goveming any efforts by the department
to obtain information about suspects, targets of investigations, witnesses or
persons of interest through the internet, including through social networking
and book service sites.
B2) Training materials provided to department personnel by the department (or
hy outside trainers contracted by the department) that provide training,
guidance or information on how to obtain information about suspects,
targets of investigations, witnesses, or persons of interest through the
internet, including through social networking and book service sites.
B3) Policies, procedures, training, and practices governing and/or limiting the
purposes for which information obtained through the internet, including
through social networking sites, are or may be used by the depru1ment.
B4) Policies, procedures, training, and practices governing and/or limiting the
sharing of information obtained through the internet, including through
social networking sites and book service sites, with other (federal, state and
local) government or law enforcement agencies, or non-governmental
entities or individuals.

BS) All policies, procedures, training, or practices relating to the maintenance
and retention of data or information obtained through the internet, including

3

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through networking sites, including but not limited 10 policies detailing how
records of such information are kept, databases in which they arc placed,
limitations on who may access the records and for what purposes, and
circumstances under which they are deleted.
B6) The legal standard or level of suspicion (c.g. probable cause, reasonable
suspicion, relevance) the departmeut requires or proffers prior to engaging
in sucb investigations.
B7) Statistics regarding the department's llse of social networking or book
service records, including the number of requests for which no court order
was obtained.
B8) Any applications by the department to internal or external entities (including
but not limited to magistrates or otber judicial officers) seeking social
networking or book service records, and any decisions or orders ruling on
such applications.
B9) Communications with social networking or book service providers
regarding records, including
o Policies and procedures of social networking or book services providers
regarding release of consumer records to third-parties, including law
enforcement;
o Requests, court orders or subpoenas sent to social networking or book
service providers;
o Responses by social networking or book service providers to any such
requests, court orders or subpoenas;
o Invoices reflecting payments for obtaining social networking or book
service records;
o Instances in which social networking or book service providers have
refused to comply with a request or order.
C. CPS Tracking Devices and Automatic License Plate Readers. We also request
disclosure of records in your possession relating to GPS Tracking Devices or
"automatic license plate readers" ("ALPRs")? This request includes but is not
limited to records relating to the following:

The term "Automatic License Plate Reader" (or "ALPR") refers to any camera or sensor trained on public
roads or thoroughfares, or publicly owned parking lots or structures, that has the capability to scan for
vehicies' license plates and, using optical character recognition or other technology, to convert the image of
a license plate into alphanumeric data reflecting the license prate number.

J

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C 1) All records relating to the acquisition, purchase, and deployment of GPS
Tracking Devices andlor ALPRs, including but not limited to all records
relating to the number of such devices owned by the department, their
location, and the unit or division of the departmeut given primary use ofthe
devices.
C2) All records relating to GPS Tracking Devices andlor ALPRs owned or

operated by other government agencies (including nou-law enforcement)
and private entities within the Department's jurisdiction, for which the
Department can access any or all data collected.

C3) All policies, procedures, and practices governing use by the department of
GPS Tracking Devices and/or ALPRs.
C4) All training materials provided by to department personnel by the

department (01' by outside trainers contracted by the department) that
provide training, guidance or information the use of GPS Tracking Devices
andlor ALPRs.
C5) All policies, procedures, training, and practices governing and/or limiting
the purposes for which information obtained through use of GPS Tracking
Devices and/or ALPRs may be used by the department or shared with other
(federal, state or local) government agencies or non-governmental entities.
C6) All data policies relating to the maintenance and retention of information

obtained through GPS Tracking Devices andlor ALPRs, including but not
limited to policies detailing how records of such information are kept,
databases in which they are placed, limitations on who may access the
records and for what purposes, and circumstances under which they are
deleted.
C7) The legal standard or level of suspicion (e.g. probable cause, reasonable

suspicion, relevance) the department requires or proffers prior to using GPS
Tracking Devices and/or ALPRs.

D. Public Video Surveillance Cameras and Facial Recognition Technology. We
also request disclosure of records in your possession relating to the use of Public
Video Surveillance Cameras and Facial Recognition Technology.4 This request
includes but is not limited to records relating to the following:
DI)

The number and location ofpubJic video surveillance cameras currently
in the jurisdiction of the Department..

The term "pub!ic video surveillance cameras" or "video surveillance cameras" throughout this request
refers to cameras placed in public locations that record the activities of members of the public. Through this
request, we do not seek infom1ation related to red-light cameras, private cameras that are not accessed by
city agencies, or cameras in public buildings used primarily for the security of those buildings.
4

5

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02)

The number and location of public video surveillance cameras currently
proposed for installation in the jurisdiction of the Department..

03)

Which public department or departments control, or will control, the
use of public video surveillance cameras, and which public department
or departments have access to, or will have access to, the camera
footage and for what purposes.

04)

Policies or procedures regarding the public video surveillance cameras
located in the Department's jurisdiction or planned to be installed in the
Department's jurisdiction, including but not limited to: access to
camera footage, the provision of camera footage to the public, retention
of camera footage, purging of camera footage, the sharing of camera
footage with other agencies, and evaluating the video surveillance
camera program.

DS)

The use or proposed use of "facial recognition" technology,S in
conjunction with either any public video surveillance cameras or any
other video or image data.

D6)

Programs, policies or procedures (or proposals for programs, poiicies or
procedures) relating to real-time access by the Department, for law
enforcement or other government purposes, to video cameras installed
on private property or controlled by private businesses or individuals ..

D7)

The funding used to purchase existing video surveillance cameras or
allocated for the purchase of future cameras, including general funds
allocated by local government, drug forfeiture or other diverted funds,
and any applications, proposals, or award letters from federal and state
funding sources.

D8)

The number of times each year for the last five years that video
surveillance camera footage from the video cameras has been
requested, by whom, and for what purpose.

D9)

The number of times each year for the last five years that video
surveillance camera footage was used in the investigation of any crime,
including the role, if any, it played in identifying or arresting suspects.

For purposes of this request, "facial recognition" technology refers to any computerized application
intended to automatically identify a person from a digital image, video or video frame from a video source,
through computerized comparison of selected facial features from the image and a facial database. For
purposes of this request, the term "facial recognition" technology includes, but is not Umited to iris
recognition and retina scans.

5

6

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 Page 7
D 10) Communications from vendors, contracts, specifications, requests for
proposals, responses to requests for proposals, or other information
related to the purchase, installation, or teclmological capabilities of the
existing public video surveillance cameras or additional video cameras
that are being considered for installation in the city. We are requesting
all such communications even if «Depm1ment» does not already have a
public video surveil! ance program.
D 11) All records, data, analyses or statistics relating to the effect (or lack
thereof) of video surveillance cameras on crime rates or rates of
clearance for prosecution of crimes.
E. Mobile Forensic Data Extraction. We also request disclosure of records in your
possession relating to the use of technology for the "Mobile Forensic Data
Extraction. ,,6 This request includes but is not limited to records relating to the
following:
E 1) The numher of Mobile Forensic Data Extraction devices currently owned by
the Department or proposed for purchase by the Department, and the unit or
division of the Department given primary use of each device.
E2) All policies, procedures, training and practices governing use by Department
personnel of any such Mobile Forensic Data Extraction devices.
E3) All policies, procedures, training and practices governing, limiting or
relating to the purposes for which Mobile Forensic Data Extraction devices
may be used.
E4) All data policies relating to the maintenance and retention of information
obtained through Mobile Forensic Data Extraction devices, including but
not limited to policies detailing how records of such infonnation are kept,
databases in which they are placed, limitations on who may access the
records and for what purposes, circumstances under which they are deleted,
and circumstances under which they may be shared with other government
agencies or non-governmental entities.
E5) The legal standard or level. of sLlspicion (e.g. probable cause, reasonable
suspicion, relevance) the department requires or proffers prior to using such
devices.
For purposes of this request, the term "mobile forensic data extraction" refers devices or technology
capable of extracting data (including but not limited to contact lists, calUemaiI history, ernails, application
data, login information~ location history. and other informat.ion stored in memory or a hard drive) from
mobile phones) smart phones, and GPS units, and other mobile technology, For an example, see
htlD:/hYw~J!.,fd.f.U.§kjte.com!f.oref1sic-f).roductslfoJ:f!2/iis:':JJL9ducts.hll''1j?/oc=seg. As used in this request, the
term includes both technology that requires the consent and cooperation of the owner of the mobile device

6

and those that do not.

7

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 Page 8

F. Other Surveillance Technology. We also request disclosure of records in your
possession relating to the use of other surveillance technology. We request
records relating to the following:
FI) The purchase, proposed purchase, requests to purchase, or application for
funding to purchase all technology and/or devices, other than those
specifically enumerated in the Requests A through E, designed to
accomplish the following:
u. gather and retain information on specific individuals and/or vehicles
without any basis to believe that they are involved in a particular
cnme;
b. capture digital information on the location of a person or vehicle;
c. copy and/or intercept electronic data on mobile devices or computers
(not including voice transmissions)
F2) All policies, procedures, training and practices related to the use of any
devices and/or technology purchased by the Department as disclosed in
response to request Fl.
F3) All policies, procedures, training and practices goveming, limiting or
relating to the purposes for which such devices andior technology may be
used.
F4) All data policies relating to the maintenance and retention of information
obtained through such devices andior technology, including but not limited
to policies detailing how records of such information are kept, databases in
which they are placed, limitations on who may access the records and for
what purposes, circumstances under which they are deleted, and
circumstances under which they may be shared with other government
agencies or non~governmel1tal entities.
FS) The legal standard or level of suspicion (e.g. probable cause, reasonable
suspicion, relevance) the department requires or proffers prior to using such
devices andior technology,
Because the ACLU Foundation of Southern California is a non~profit public
interest organization, we request that you waive any fees that would be normally
applicable to a Public Records Act request. See North County Parents Organization v.
Department ofEducation, 23 Cal. App. 4'h 144 (1994). If, however, such a waiver is
denied, we will reimburse you for the reasonable cost of copying. Please inform us in
advance if the cost will be greater than $200.

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Thank you for your prompt attention to this matter. Please fhrnish all applicable
records to:
Peter Bibring
ACLU of Southern California
1313 West Eighth Street
Los Angeles, CA 90017

If you have questions, please contact me at 213.977.9500 x295 or pbibring@aclusc.org.

Sincerely,

Peter Bibring
Staff Attorney

9

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- 4268- -

California Penal Code Section 1525

A search warrant cannot be issued but upon probable cause,
supported by affidavit, naming or describing the person to be
searched or searched for, and particularly describing the property,
thing, or things and the place to be searched.
The application shall specify when applicable, that the place to
be searched is in the possession or under the control of an attorney,
physician, psychotherapist or clergyman.

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 SEARCH WARRANT PREPARATION
2200-24260

COURSE OUTLINE

L

INTRODUCTION TO SEARCH WARRANTS
A. Legal requirements
1. Hero package
2. Benefits of obtaining a Search Warrant
3. The "Good Faith" Exception-Leon
B. Role of Legal Counsel

1. Jurisdiction
a. Definitions
b. Search Warrant
c. Affidavit
2. Statutory grounds for issuance
3. Probable Cause
4. InfOlmants
C. Expertise, Training and Experience

1. Describing the place to be searched
a. Premises
b. Vehicles
c. Persons
d. Containers or other places
e. Incomplete description
f. Address unknown
g. Use of photographs
2. Describing the property to be seized
a. Overbroad description
b. Sufficiently Specific Description
II.

SEARCH WARRANT PREP ARATION
A. Affidavit
1. InfOlmation not contained in the Affidavit
B. Magistrate

1. Technical requirements
2. Questioning by the Magistrate
C. Service or Execution of the Warrant and it's retum
1. Time limits for service and return
2. Failure to make timely execution
a. New Warrant
b. Resubmission or expired Wan'ant

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 D. Forcible Entry
1. Entry before a WaITant is obtained
a. Presenting the WaITant to the occupant
b. Searches and Seizures of persons on the premises
2. Searching for specific items
a. Seizing items found in plain view that are not named in the
Warrant - "The Nexus" rule
b. Using victims or dogs to aid in the search
c. Answering the telephone
3. Oral affidavits and Telephone Search Warrants
4. Knock and Talk
III.

LAW AND LEGAL PROCEDURES
A. Role of an Officer
1. District Attorney and court
2. Court proceedings
B. Officer Safety and Operational Planning
1. Plarming
2. Preparations
a. Complete fire
b. Rap sheet
c. Photographs
d. Daily Report
e. Drivers License record
f. Traits
g. History of violence
3. Communication
4. Manpower

IV.

CURRENT INFORMATION / METHODS / RETURNS
A. The place to be searched
1. Number of persons
2. Backgrounds
3. Any threats to police
4. Firearms, types, locations
5. Amount or location of contraband
6. Suspect's plan in the event of a raid
B. Equipment
1. F irea1Tils
2. The entry techniques
3. The search techniques
4. The Seizure
5. The wrap-up
6. Safety procedures

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 ADVANCED
SEARCH WARRANT
PREPARATION
COURSE OUTLINE
1. Introduction to Search Warrants.
A. Class introductions.

1. Review Case Study of search warrant that resulted in OIS.
B. Legal requirements pertaining to search warrants.
1. Review definitions related to search warrants.
2. Review Search warrant/ Penal Code 1529.
3. Discuss statutory grounds for the issuance of search warrants.
4. Discusslreview Magistrate definition related to search wan·ants.
5. Review case law pertaining to search warrants.
C. Alternatives to search warrants and related infonnation.
I. Affiant/Affidavit defined.
2. Jurisdictional Issues.
3. Steagald Search Warrant.
4. Review case law pertaining to search warrants.
5. Alternatives to search warrants.
6. Keeping infonnants confidential.
7. Description requirements related to search warrants.
8. Newsroom searches.
9. Special Master.
10. Crime scene searches.
II. Legal Standing.
12. Good Faith Exception.
13. Search Wan'ant Manual.
D. Mechanics of Search Warrant Completion
I. Search Warrant face page.
2. Hero Sheet Statement.
3. Search Warrant Affidavit.
4. Administrative infonnation related to search warrants.
5. Steps involved in the completion of a search warrant.
6. Issues to consider related to search warrants.
7, Additional issues related to search WalTants.

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 2. Review/discuss various copies of search warrant case studies.
A. Search Warrant Case Studies:
l. 2002 Homicide Case.

2.
3.
4.
5.
6.

2007-2008 Fraud Case in Riv. County by suspects from Kansas.
2008-Bank RobbelY Case.
2009-gang related shooting info obtained from My Space website.
2008 Fraud Case-piggy bank search warrant.
2006-Gang related case where multiple locations were hit
simultaneously.
7. 2007-Affidavit involving the rape of minor female, by multiple
suspects.
8. 2007-Identity Theft case where search warrant was served in
Fresno California.
9. 1992 Meth Sales case with the use of CRI, suspect killed during
the service of the search warrant by officer.
10.2001- Affidavit in support of a search warrant for search warrants
in the state of Texas-for 1991 homicide case that occun'ed in the
Coachella Valley.
Il. 2007-288 case in the Coachella Valley, search warrant served in
San Diego County.
12. 2008-case La Quinta California case involving a home invasion
robbery. This is a Steagald search warrant often times referred to
as a Ramey Wan·ant. It's a search warrant for the arrest of a
suspect at a third parties residence.
13. 2003-case involving we-tip/citizen information as well as a safety
sweep of the residence.

3. Infonnant Management class.
A. Types ofInformants.
I. Police Officers
2. Citizen Informants
3. Reliable Informants
4. Unreliable infornlants.
B. Issues to consider in regards to infonnants.
l. Case Law.
2. Depmimental Policy.
3. Supervisory approval.
4. DistJict Attorney.
C. Information related to informants.
l. Officer's use of judgment.
2. Informant Motivation.
3. Infonnant Records.
4. Department policy.

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 5. Informant record/packet.
6. Documentation of CIon Search Warrants and Reports.
7. Informant handling dos and don'ts

4. Class room exercise that includes the completion of a search W~llTant and
review by Deputy District Attorney and or Instmctor.
5. Class/Instructor Evaluation.

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