HomeMy WebLinkAboutPRR23132 RESPONSE
Subject:Body Camera request
From: Rapp, Tera
Sent: Thursday, May 11, 2023 1:21 PM
To: DPK <
Subject: RE: Body Camera request
Hello Dan,
Thanks for clarifying. I did locate the incident you’re referencing. It’s case #211231082. I am unable to
release any body cam footage as indicated in my previous email below.
Additionally, any photos that may exist that show “the body, or any portion of the body, of a deceased person”
are also exempt from disclosure per GC 6254(k), which exempts any “Records, the disclosure of which is
exempted or prohibited pursuant to federal or state law, including but not limited to, provisions of the Evidence
Code relating to privilege.” Code of Civil Procedure 129(a) prohibits the dissemination of photos/videos of a
deceased person taken at the scene of death.
I have attached a copy of the public log and a Summary Sheet which contain all information that must be
released to the public per GC 7923.605.
Please let me know if you have any questions.
Sincerely,
Tera Rapp
Records Supervisor
San Luis Obispo Police Department
From: DPK <
To: Rapp, Tera <trapp@slocity.org>
Subject: Re: Body Camera request
This message is from an External Source. Use caution when deciding to open attachments, click links, or respond.
Tera,
Thanks for responding. It wasn't an arrest, it was for police who arrived at the scene for Joshua Doyle Geibel who was
pronounced dead on the evening of 12-31-21.
1
On Thu, May 4, 2023 at 3:34 PM Rapp, Tera <trapp@slocity.org> wrote:
Hello Dan,
I apologize for the delay but your voicemail just appeared for me today.
You mentioned you were looking for body cam footage from an arrest, but I don’t see an arrest for the
individual on 12/31/21. Do you know where the arrest occurred? Maybe it was in a different jurisdiction? If
you have a little more information I’d be happy to broaden my search.
Pursuant to Government Code section 6254(f), “Records of complaints to, or investigations conducted
by…any state or local agency....” are exempt from disclosure. See also Haynie v Superior Court (2001) 26 C.
th
4 1063. Any body-cam or dash-cam video is considered part of the investigation conducted by our
department, and is therefore exempt from disclosure. I can provided a copy of the public log and a Summary
Sheet which contain all the information that must be released per GC 7923.600 once I know that I have the
correct incident.
Sincerely,
Tera Rapp
Police Records Supervisor
Police Department
1042 Walnut Street, San Luis Obispo, CA 93401-2729
E trapp@slocity.org
T 805.781.7322
slocity.org
Stay connected with the City by signing up for e-notifications
This e-mail, and any files transmitted with it, are intended only for the person or entity to which it is
addressed and may contain confidential, protected, and/or privileged material. Any review, re-
transmission, dissemination or other use of, or taking of any action in reliance upon this information
by persons or entities other than the intended recipient, is prohibited. If you received this in error,
please contact the sender and delete the material from any computer.
2