Dear Records Custodian,
This is a California Public Records Act request.
On January 28, 2014 OPD Captain Orozco briefed the Oakland City Council on crime trends and OPD operations in Area 3. Captain Orozco referred to a program whereby OPD is identifying vehicles passing through specific areas where the city believes that prostitution and other illegal activities are occurring. OPD is then mailing letters to the registered owners of these vehicles notifying them that they were spotted in these zones. Captain Orozco called these "Dear John Letters."
Please provide me with copies of the following records:
1. Copies of all letters mailed to the owners of registered vehicles through this program.
2. Any memos, briefs, letters, e-mails, or correspondence within OPD regarding this program.
3. Any memos, briefs, letters, e-mails or other forms of correspondence between OPD and any other local, state, or federal law enforcement agency regarding this program.
4. Any legal reviews in possession of OPD regarding the constitutionality and statutory legality of the "Dear John Letter" program.
I anticipate that the city might reach the determination that these records are exempt from the California Public Records Act under the legal authority that the records constitute materials related to an ongoing law enforcement investigation. These records do not in fact constitute investigative materials. The letters are sent to recipients who have committed no crime, and who are not under investigation for any crime, but instead have simply driven through a specific zone and whose vehicles have been identified by OPD. The letters are not investigative in nature.
Please provide a determination within ten days of your receipt of this request, or sooner if possible. If I can help clarify this request please contact me.
Thank you for your attention and work.