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American Civil Liberties Union Foundation of Southern California v. Superior Court (County of Los Angeles)

California Court of Appeals, Second District, Third Division

May 6, 2015

AMERICAN CIVIL LIBERTIES UNION FOUNDATION OF SOUTHERN CALIFORNIA et al., Petitioners,
v.
THE SUPERIOR COURT OFLOS ANGELES COUNTY, Respondent COUNTY OF LOS ANGELES et al., Real Parties in Interest.

[REVIEW GRANTED BY CAL. SUPREME COURT]

[As modified May 11, 2015.].

PETITION for Writ of Mandate from an order of the Superior Court of Los Angeles County, No. BS143004 James C. Chalfant, Judge.

Page 674

[Copyrighted Material Omitted]

Page 675

[Copyrighted Material Omitted]

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COUNSEL

Peter Bibring for Petitioner American Civil Liberties Union Foundation of Southern California.

Jennifer Lynch for Petitioner Electronic Frontier Foundation.

Katie Townsend for the Reporters Committee for Freedom of the Press and 4 Media Organizations as Amici Curiae on behalf of Petitioners.

James R. Wheaton and Cherokee D.M. Melton for Northern California Chapter of Society of Professional Journalists as Amicus Curiae on behalf of Petitioners.

No Appearance for Respondent.

Jones & Mayer, Martin J. Mayer, James R. Touchstone and Deborah Pernice Knefel, for the California State Sheriffs’ Association, California Policy Chiefs’ Association, and the California Peace Officers’ Association as Amici Curiae on behalf of Respondent.

Michael N. Feuer, City Attorney, Carlos De La Guerra, Managing Assistant City Attorney, Debra L. Gonzales, Assistant City Attorney, and Heather L. Aubry, Deputy City Attorney, for Real Parties in Interest City of Los Angeles and the Los Angeles Police Department.

Collins Collins Muir Stewart, Eric Brown, Tomas A. Guterres and James C. Jardin for Real Parties in Interest County of Los Angeles and the Los Angeles Sheriff’s Department.

OPINION

KITCHING, ACTING P. J.

INTRODUCTION

In this writ proceeding we must determine whether the California Public Records Act (CPRA; Gov. Code, § 6250 et seq.) exemption for law enforcement records of investigations (Gov. Code, § 6254, subd. (f))[1] applies to records generated by a system of high-speed cameras that automatically scan

Page 677

and catalogue license plate images to aid law enforcement in locating vehicles associated with a suspected crime. We ...


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