Dear LAPD Discovery Section,
Is the LAPD asserting that it is conducting a formal criminal law enforcement investigation into the dumping of fuel from Delta Flight 89 on Jan. 14, 2020?
If it is not conducting such a formal law enforcement investigation, then the public records of 911 calls must be disclosed under the CPRA.
As you may be aware, the LAPD already discloses many 911 calls - including those involving incidents of violence - on its own website:
Furthermore, In Haynie v. Superior Court, 26 Cal. 4th 1061, 1071, 112 Cal. Rptr. 2d 80, 31 P.3d 760 (2001), the California Supreme Court made clear that the law enforcement exemption of the CPRA must not be interpreted to “shield everything law enforcement officers do from disclosure.”
The court emphasized that “officers make inquiries of citizens for purposes . . . that are unrelated to either civil or criminal investigations.”
The court also found, “The records of investigation exempted under section 6254(f) encompass only those investigations undertaken for the purpose of determining whether a violation of law may occur or has occurred.”
And even if the LAPD is conducting such a formal law enforcement investigation, California law and the California Public Records Act requires the following under section 6254 (f):
"State and local law enforcement agencies shall disclose the names and addresses of persons involved in, or witnesses other than confidential informants to, the incident, the description of any property involved, the date, time, and location of the incident, all diagrams, statements of the parties involved in the incident, the statements of all witnesses, other than confidential informants, to the victims of an incident,".
The audio recordings of 911 calls are clearly the most expedient way to fulfill the LAPD's legal obligation to provide these records under the CPRA.