SHERIFF John G. Minor

UNDERSHERIFF Derek Woodman

DMSION COMMANDERS Captain Jaime FitzSimons

Patrol I Investigations Captain Erik Bourgerie

Detentions/Civil

ADMINISTRATION Adrienne Stuckey Tracy LeClair Pam Henderson

RECORDS Mary Probst Cecilia De Los Santos

PATROL SUPERVISORS Sr. Sgt. Blyon Colvin Sgt. Dave Martinez Sgt. Rachel Dunaway Sgt. Brian Smith

JAIL SUPERVISORS Sr. Sgt. Tom Tilka Sr. Sgt. Chelyl Giordano Sr. Sgt. Cynthia Gilbelt Sgt. Ron Hochmuth

INVESTIGATIONS Sgt. Wes Mumford

SPECIAL OPERATIONS Sgt. Cale Osborn

EMERGENCY MANAGEMENT Sr. Sgt. Joel Cochran

ANIMAL CONTROL and SHELTER Lesley Hall Steve Maltin Lyn Manton-Krueger

"Serving Our Community "

OFFICE OF THE SUMMIT COUNTY SHERIFF

April 24, 2012

Sara J. Rich, Staff Attorney ACLU of Colorado P.O. Box 18986 Denver, CO 80218-0986

Dear Ms. Rich,

RECEIVED APR 2,6 Z012

The Summit County Sheriff's Office is in receipt of your Request for records dated

April 18, 2012. We received your requested on Friday, April 20, 2012. You requested

{(all of the records" in our possession related to our acquisition of cell phone location

records. As a preliminary matter, the records you have requested are governed by

the Colorado Criminal Justice Records Act ("CCJRA"), found at C.R.S. §24-72-301 et

seq. The Sheriff's Office response to each of the bullet points set forth on page 2 of

your request is as follows:

• Policies, procedures and practices the Summit County Sheriffs Office follows

to obtain cell phone location records;

No policies exists, our practice has been to only request this information in limited circumstances when we have needed to locate a missing person in a Search and Rescue call, or to locate an individual who is suicidal.

• 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;

Again, we do not have a specific policy in place for these types of records as we only use them in very limited circumstances. Therefore any records made, kept or received as part of those incidents are not maintained pursuant to our criminal investigation records policy.

• The use of cell phone location records to identify "communities of interest

(detailing those persons who have been called, or called by a target)" in

investigation,

There is no policy or record regarding this issue and this does not appear to be a records request.

Post Office Box 210 / 501 North Park Avenue, Breckenridge, CO 80424 (970) 453-2232 * Metro (303) 573-7598 * FAX (970) 453-7329

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• The use of cell phone location records to identify all of the cell phones at a particular location.

There is no policy or record regarding this issue and this does not appear to be a records request.

• The legal standard (e.g. probable cause, relevance) you proffer to obtain cell phone location records.

There is no policy nor are there any records in our p ossession regarding this issue.

• Judicial decision and orders ruling on your applications to obtain cell phone location records.

There is no policy nor are there any records in our p ossession regarding this issue.

• Communications with cell phone companies and provides of location-based services regarding cell phone

location records, including;

1. Company manuals, pricing, and data access policies;

The Sheriff's Office is not in p ossession of any record of this type.

2. Invoices reflecting payments for obtaining cell phone location records; and

The Sheriff's Office is not in possession of any record of this type.

3. Instances in which cell phone companies have refused to comply with a request or order;

The Sheriff's Office is not in possession of any record of this type. If such records exist, they would be in the custody of the Summit County Communications Center.

• Statistics regarding your use of cell phone location records, including the number of emergency requests

for which no court order was obtained; and

The Summit County Sheriff's Office is not in possession of any record of this type.

• The form in which cell phone location records are provided (hard copy, through specific online

databases).

The Sheriff's Office is not in possession of any record of this type. If such records exist, they would be in the custody of the Summit County Communications Center.

Post Office Box 210 / 501 North Park Avenue, Breckenridge, CO 80424 (970) 453-2232 * Metro (303) 573-7598 * FAX (970) 453-7329

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Should you wish to contact the Summit County Communications Center, the contact information is:

Summit County Communications Center P.O. Box 4188 Frisco, CO 80443 Dispatch: 970-668-4094 Fax: 970-668-4224

Should you have any additional questions, please do not hesitate to contact me.

Sincerely,

@0~ John G. Minor, Summit County Sheriff

Post Office Box 210 / 501 North Park Avenue, Breckenridge, CO 80424 (970) 453-2232 * Metro (303) 573-7598 * FAX (970) 453-7329

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