HomeMy WebLinkAboutPRR20218 Innocence Coalition - Witness proceduresInnocence
PNol
roject
July 14, 2020
Teresa Purrington, City Clerk
San Luis Obispo Police Department
1042 Walnut St
San Luis Obispo, CA 93401
CALIFORNIA
INNOCENCE
P R O J E C T
In September 2018, California passed Senate Bill 923 (Pen. Code, § 859.7, effective Jan. 1,
2020) which required that all law enforcement agencies and prosecutorial entities adopt certain
minimum best practices for conducting photo lineups and live lineups with eyewitnesses. This
request is an effort to learn more about your agency's policies and procedures conducting
eyewitness identifications.
Please consider this a formal request for access to records in your department's possession or
control for the purposes of inspection and copying pursuant to the California Public Records Act
(Gov.Code, § 6250 et seq.) and Article I, § 3(b) of the California Constitution. We request copies
of the following records which we believe are in the possession of your agency:
1. Policies and procedures governing the administration of photo lineups, live lineups, and
field show ups. Please include all guidelines and general orders that officers and trainees
are to follow when asking witnesses to engage in the identification of potential suspects.
2. Admonition statement and standard forms that document witness participation in the
identification process, confidence statement and identification.
3. All regulations and guidelines created or adopted in response to the passage of SB 923
in 2018 (Pen. Code, § 859.7, effective Jan. 1, 2020).
4. Manuals and materials used to train your department's officers, cadets, trainees, or
other employees on the subject of how to conduct and administer photo lineups and other
types of eyewitness identification procedures.
5. Standard acknowledgement form or any other documents or certificates signed or
received by officers documenting their receipt and/or training on the eyewitness
identification procedures.
As used above, "policies and procedures" includes but is not limited to codes, regulations,
policies, rules and regulations, bulletins, memoranda, directives, and training materials. In
addition, please' include information as to whether any of these policies, procedures or
documents are being updated or revised.
2
The California Public Records Act requires a response be provided within ten (10) days. Please
include in the response the estimated date and time when the records will be made available.
(Gov.Code, § 6253(c).) If your agency does not have any policies pertaining to eyewitness
identification procedures please indicate so in your response to this request.
Should you claim an exemption from the Public Records Act for all or part of this request, please
indicate in writing the statutory basis of the exemption and explain why the public interest favors
your denial of the request. (Gov.Code, § 6255.) Please also indicate the person who made the
determination that the records are exempt from disclosure. (Gov.Code, § 6253(d).) If you claim
that a portion of the records is exempt, you must still provide copies of all reasonably segregable
non-exempt portions. (Gov.Code, § 6253(a).)
Please send any documents in electronic format to Cynthia Murphy of the Northern California
Innocence Project at ncip@scu.edu. Otherwise, please fax your response to' (408)554-5440. If
you prefer to send hard copies, please let us know what the approximate cost of duplication will
be prior to copying any records. The Public Records Act allows you to charge actual copying
costs, but no costs associated with overhead or staff time. (Gov.Code § 6253(b).) Please send any
hardcopies to:
Attn: Cynthia Murphy
Northern California Innocence Project
500 El Camino Real
Santa Clara, CA 95053
If you have any questions, please feel free to contact Cynthia Murphy at (408)554-4790 or
cmurphy4@scu.edu. Thank you in advance for your timely cooperation with this request. We
look forward to hearing from you.
Respectfully,
The California Innocence Coalition
Linda Starr Justin Brooks
Executive Director
Executive Director
Paula Mitchell
Executive Director
Northern California Innocence Project California Innocence Project Loyola Project for the Innocent
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The California Public Records Act (Government Code 6250. et sec.) was enacted to ensure public access to public records.
This form will enable us to accurately and efficiently fill your request. With the exception of certain State -mandated
records, or records that exceed the standard size, copies are $.40 per page (standard or legal size). DVDs of City Council or
Planning Commission meetings are $29 each.
NAME
Cynthia Murphy
500 El Camino Real
ADDRESS:
Santa Clara, CA 95053
(408)554-4790
PHONE:
9/18/20
DATE OF REQUEST:
E-MAIL: cmurphy4@scu.edu
FAX: (408)554-5440
INFORMATION NEEDED: For each record, describe type, date, subject, title, etc. Please be very specific.
YOUR REQUEST WILL BE PROCESSED IN COMPLIANCE WITH THE PUBLIC RECORDS ACT.
California Government Code Section 6253 (c). Each agency, upon a request for a copy of records, shall, within 10 days from receipt of the request determine whether
the request, in whole or in part, seeks copies of disclosable public records in the possession of the agency and shall promptly notify the person making the request of
the determination and the reasons therefore. In unusual circumstances, the time limit prescribed in this section may be extended by written notice by the head of the
agency or his or her designee to the person making the request setting forth the reasons for the extension and the date on which a determination is expected to be
dispatched. No notice shall specify a date that would result in an extension for more than 14 days.'
If you need assistance with this request or wish to review the records on site, please call the City Clerk's Office in advance at 781-7100
to schedule an appointment. The City Clerk's Office is located at 990 Palm Street, San Luis Obispo, CA 93401. You may email your
request to cityclerk@slocity.org.
FOR OFFICIAL USE ONLY
Forwarded to:
Date Completed:
Charge (if any):
Mailed:
E-Mailed:
Picked up:
1
As used in this section, "unusual circumstances" means, but only to the extent reasonably necessary to the proper processing of the particular request: 1)The need to
search for and collect the requested records from field facilities or other establishments that are separate from the office processing the request. 2) The need to search
for, collect, and appropriately examine a voluminous amount of separate and distinct records which are demanded in a single request. 3)The need for consultation,
which shall be conducted with all practicable speed, with another agency having substantial interest in the determination of the request or among two or more
components of the agency having substantial subject matter interest therein.
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