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VIA U.S. MAIL

Katherine Lewis Parker Legal Director American Civil Liberties Union Of North Carolina P.O. Box 28004 Raleigh, NC 27611

August 26, 20 II

RE: Public Records Request

Ms. Parker:

To\'(fN OF CHAPEL HILL Police Department

828 M artin Luther King Jr. Bh'd. Chap, 1 Hill, NC 275 14-2600

phon, (9 19) 968-2760 f ax (9 19) 968-2840 www. lOwnorehapclhill.col11

This will serve as acknowledgement of your correspondence sent to Chief Blue on August 3, 2011. Specifically, in that correspondence you requested "records regarding acquisition of cell phone location records ." Specifically, you requested the following:

• Policies, procedllres and practices YOIl/ollow to obtain cell phone location records

• Data retention policies, detailing holl' long cell phone location records are kept, databases in lI'hich they are placed, and agencies (federal, state and local) lI'ith lI'hich they are shared

• The lise o/cell phone location records to identi(jJ "commllnities o/interest (detailing those persons lI'ho have been called, or called by a target)" in investigations

• The lise o/cell phone location records to identifo all o/the cell phones at a particlliar location

• YOllr lise 0/ "digitalfences" (systems lIJhereby yo II are notified lI'henever a cell phone comes lI'ithin a specific geographic area)

• The legal standard (e.g. probable calise, relevance) yo II proffer to obtain cell phone location records

• Jlldicial decisions and orders rlliing on YOllr applications to obtain cell phone location records

• Statistics regarding YOllr lise 0/ cell phone location records, incillding the nllmber a/emergency reqllests / or lI'hich no cOllrt order was obtained

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• The /01'111 in which cell phone location records are provided (hard copy, throllgh ,\jJecific online databases)

• Commllnications with cell phone companies and providers 0/ location-based services regarding cell phone location records, inc/llding • company manllals, pricing, and data access policies • invoices rejlecting payments/or obtaining cell phone location records • instances in which cell phone companies have rejilsed to comply with a

reqllest or order

In response to the above-referenced requests, responsive documents are being provided in accordance with the North Carolina Public Records Act and will be itemized with regard to each specific request below,

o Policies, procedllres and practices YOIl/ollow to obtain cell phone location records

We have no documents responsive to this request.

o Data retention policies, detailing how long cell phone location records are kept, databases in which they are placed, and agencies (federal, state and local) with which they are shared

Retention of records is governed by the Records Retention and Disposition Schedule for Municipal Governments, issued by the NOlth Carolina Department of Cultural Resources, Division of Historical Resources, Archives and Records Section, Government Records Branch, The most recent copy is dated May 19, 2009 and is located at:

http://ww\', ,records,NCDCR.gov/local/municipal 2009.pdf.

Except as provided herein, we have no documents responsive to this request.

o The lise o/cell phone location records to identijj' "commllnities o/interest (derailing those persons who have been called, or called by a target)" in investigations

This is a request for information and does not describe a "public record" as defined in N.C. Gen. Stat. § 132-1. If it is intended to be a request for a public record, it is insufficiently specific to identify what record is being requested. Records relating to this issue that are a "record of criminal investigation" or a "record of criminal intelligence information" are not subject to public access under N.C. Gen. Stat. § 132-1.4 and do not have to be disclosed. Without waiving this objection, we have no documents responsive to this request.

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o The lise of cell phone location records fo identifY all of the cell phones at a particlilar location

This is a request for information and does not describe a "public record" as defined in N.C. Gen. Stat. § 132-1. If it is intended to be a request for a public record, it is insufficiently specific to identify what record is being requested. Records relating to this issue that are a "record of criminal investigation" or a "record of criminal intelligence information" are not subject to public access under N .C. Gen. Stat. § 132-1.4 and do not have to be disclosed. Without waiving this objection, we have no documents responsive to this request .

o YOllr lise of "digital fences" (systems whereby yo II are notified whenever a cell phone comes within a specific geographic area)

This is a request for information and does not describe a "public record" as defined in N .C. Gen. Stat. § 132-1. Ifit is intended to be a request for a public record, it is insufficiently specific to identify what record is being requested. Records relating to this issue that are a "record of criminal investigation" or a "record of criminal intelligence information" are not subject to public access under N .C. Gen. Stat. § 132-1.4 and do not have to be disclosed. Without waiving this objection, we have no documents responsive to this request.

o The legal standard (e.g. probable calise, relevance) YOII pro/fer to obtain cell phone locationrecorc/.s·

This is a request for information and does not describe a "public record" as defined in N.C. Gen. Stat. § 132-1. Ifit is intended to be a request for a public record, it is insufficiently specific to identify what record is being requested . Records relating to this issue that are a "record of criminal investigation" or a "record of criminal intelligence information" are not subject to public access under N.C. Gen. Stat. § 132-1.4 and do not have to be disclosed. If the request is revi sed to describe the specific records requested, we will review any records that correspond to Ihe revised request to determine whether or not they may be released. Without waiving this objection, law enforcement personnel of the Chapel Hill Police Department are trained to abide and adhere to all Federal and State laws, including, but not limited to, constitutional laws and accepted standards pet1aining to search and seizure.

o Judicial decisions and orders rliling on YOllr applications to obtain cell phone location records

Enclosed please find the following docllment responsive to this request:

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A search warrant issued to search Bellsouth Mobility Records for certain telephone numbers involved in a death investigation.

Other documents that may be responsive to this request, and have not been provided, have been withheld based on the fact that they either: (1) have been sealed by court order, (2) are protected by Article 16 of Chapter ISA of the North Carolina General Statutes, Electronic Surveillance Act, or (3) are search warrants that have not yet been served and returned to the Clerk of Court.

o Statistics regarding your use of cell phone location records, including the number of emergency requests for which no court order was obtained

This is not a request for a "public record" as defined in N.C. Gen. Stat. § 132-1. Withuut waiving this objection, wt: have no documents or data responsive to this request.

o Theform in which cell phone location records are provided (hard copy, through specific online databases)

This is a request for information and does not describe a "public record" as defined in N.C. Gen. Stat. § 132-1. Without waiving this objection, see the search warrant enclosed herein.

o Communications with cell phone companies and providers oflocation-based services regarding cell phone location records, including

• company manuals, pricing, and data access policies

We have no documents responsive to this request.

• invoices r~(lecting payments for obtaining cell phone location records

We have no documents responsive to this request.

• instances in which cell phone companies have refused to comply with a request or order

We have no documents responsive to this request.

We trust this adequately addresses all of your requests, but should you require any additional information, please do not hesitate to contact me at (919) 932-2925.

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Enclosure

cc: Chris Blue, Chief of Police Roger L. Stancil, Town Manager Ralph Karpinos, Town Attorney

'1';,,="":;>'1:1 . Sneed

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ax fax:

from:

date:

pages:

NOTES:

(

CHAPEL HILL POLICE DEPARTMENT 828. AIRPORT P.OAD

CHAPEL HILL, N. C. 27514-2640 (919) 968-2760

Fax: 919-968-2846

t ran s m itt a I . j: - - - '.-

I· , including cover sheet.

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I " 1 I'FIlm No ~'eNo

I SEARCH WARRANT

In the Matter of

7?cLL:~OUTI-! /ntJ,&IL-17Y .pC"- "'reoR}) PO£. ~ Datetfue~ t~~itl1e ISSJJ,ed " )3-JvKnIY 4:Ci;: !:>:5,} D AM ~PM Name of APplicant

5&;7, P/iTalcJ:: R, 4uaAl's Name of Additional Affiant

Name of Additional Affiant

RETURN OF SERVICE

I certify that this Search WARRANT was received and executed as follows:

Date ~ceived ~i.me Received /- -ZO()O :30 D AM)Q PM -Dale Executed Date and Time of Return

/-5'- 2000

'fo '~'lr¥~~ 0~d5 ,#" 1< 1"Yf.~ n vi-->- b.....r s ~ -

as commanded,

~ I seized the items listed on the attached

0 inventory I did not seize any items.

0 This warrant was not executed within 48 hours of the date of issuance and I hereby return it not executed

Sign~~C~g~;a; I'·', ,<i' "1e 7-

DC;J:;,; Je~ollfic;q d c~ , -Aoe CR 119

Rev. 8/83

-?5-";t9/

•

I I

STATE OF NORTH CAROLINA ~ In the General Court of Justice

07?/fNGe .su P,,'I:<IC II.-County Disl~i6t Court Division

To any officer with authority and jurisdiction to conduct the search authorized by this Search Warrant:

I, the undersigned, find that there is probable cause to believe that the property and person described in the application on the reverse side and related to the commission of a crime is located as describer' the application,

You are commanded to search the premises, vehicle, person, and other place or item described in the application for the property and person in question, If the property and/or person are found, make the seizure and keep the property subject to Court Order and process the person according to law.

You are directed to execute this Search Warrant within forty-eight (48) hours from the time indicated on this Warrant and make due return to the Clerk of the Issuing Court.

This Search Warrant is issued upon information furnished under oath by the person or persons shown_

•

D'te 1 jJif;I/rt J~ Lnu 0

Sl9"'"1 ) J] I ~ ~L-a V 1..-'

D Deputy CSC D AoSl, CSC D ...... Clerk of Superior Court

This Search Warrant was returned to me on the date 0 Magistrate D District Ct. JUd);;l8 [g1 Superior Ct Judge

and time shown below Date !Tlme

D AM 0 PM --Signature

o Deputy esc o Asst. esc o Clerk of Superior Court

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CONTINUATION PAGE ATTACHED TO SEARCH WARRANT APPLICATION OF SGT. PATRICK BURNS CHAPEL HILL POLICE DEPARTMENT, CHAPEL HILL, NC, DATED JANUARY 4, 2000 TO SEARCHBELLSOUTH MOBILITY DCS RECORDS FOR TELEPHONE NUMBERS AND .

DESCRIPTION OF EVIDENCE TO BE SEIZED: 1. Any and all records possessed by BellSouth Mobility DCS relating to telephone calls placed

or received by telephone number on or after December I, 1999.

2. Any and all records possessed by BellSouthMobility DCS, relating to telephone calls placed of received by telephone number on or after December 1, 1999.

DESCRIPTION OF PREMISES, PERSON, VEHICLE SUBJECT TO SEARCH: Records of mobile telephone communications possessed by BellSouth Mobility DCS.

PROBABLE CAUSE AFFADAVIT:

I, the undersigned Patrick R. Burns, being duly sworn, say and depose as follows:

PARAGRAPH ONE: I, Sergeant Patrick R. Burns, have been a sworn law enforcement officer for 18 years and have been assigned to the Administrative Division for 2 years. Previously, I was assigned to the Investigative Division for 6 years and the patrol division for nine years. I have an AA.S. degree in Criminal Justice and an advanced law enforcement certificate issued by the State of North Carolina. I also have extensive experience in many different types of crimes and investigations of these.

PARAGRAPH TWO: On January 1,2000, at approximately 10: 15 a.m., the body o was discovered and reported to the Chapel Hill Police Department. It was determined by the Medical Examiner's office,

's death was caused by a gunshot to the head.

PARAGRAPH THREE: On or about January 3, 2000, Investigators J.D. Parks and Robin Clark of the Chapel Hill Police Department interviewed , a close acquaintance of . told investigators that had told him at about 10:00 p.m., December 31,1999, that was picking him up and he would be gone for about one hour. subsequently left and has not been seen alive since.

Judge Page 1

Sgt.Patrick R. Burns qt~

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I I I . Å File No .

STATE OF NORTH CAROLINA ~GE In The General Court Of Justice

County D District ~uperior Court Division IN THE MATTER OF:

Name ~60Z{7J/ /Y) 073/ LI ry ':::0 CS

INVENTORY OF SEIZED PROPERTY '!2:eco7Z::z::,s ;e -r e::l.e:'P I-IO,.J NU--M6eP~ 4rJ1,

Date Of Search 1- ~- 2.000 G.S. 15A-254, -257

I, the undersigned officer, executed a search of:

Person, Place Or Vehicle Searched

f7:tyf!X> ~Ur vc//mI2q.Jr - 7>ÃLL:>-cJu -n-( .s:u8 pe-eJ t1 1!4)Y)/JU /ftJ 10 ~ ,q=r

This search was made pursuant to

cia search warrant issued by: ::;:;; 1!t!}zlbi;e t-ovt;e I :J7tOGC W 1ifVÃ '7lrbe4C/L D a consent to search given by: D other legal justification for the search:

The following items were seized:

(!l ~D $ t2EL/h /,JG -/0 --r./iL.ef? J-Ir:> rJE Nv--7Y1~ ~ Ôu8G(f Q.We)JT I NnnerVJ1"H/~ 76t:--:r:-G/1Ie'2::> 'Ä1 IAJ Ve:s7/G---;17~ J7D. PI%zKS, ~eL- fhu.- PO'L-/ ce: "1J-ex!T. I iJ.D { /!4f'7E5 ~rJ-,

~o;- ;<ZeVPte" /BELoNG NIAIYJ~ c;- - 3 ~ ., 7

10

-, -, - ..

AOC-CR-206 (Over)

Rev. 6/87 Original-File Copy-Person Whose Property Seized