Dear Mr. Nierenberg:
On August 7, 2017, we received your public records request for the following records:
My name is Jacob Nierenberg, and I am requesting the raw data of both traffic stops and pedestrian stops made by the Albuquerque Police Department and laid out in your record description for the last 10 years, pursuant to the Inspection of Public Records Act. The fields of data we are requesting include, but are not limited to:
- case number and complaint
- defendant gender, race, and DOB
- vehicle year, color, make, model, style, and state in which it is registered
- date of incident, time of incident, location of incident and milepost or other geographic location information
- approximate speed and posted speed
- any violations and/or sanctions, whether a search was conducted, whether contraband was found, whether the person was arrested and what type of enforcement took place
- police department / and or county
- officer name, ID number, race, gender
- officer date of birth and information on years of service
To be clear, this request is for all data from traffic stops and pedestrian stops considered to be public record. This includes, but is not limited to the above list of data types if that information is collected. If the data is not collected, please let us know. If the data is collected but is not considered public record, then please cite the exemption under the law.
This communication will confirm our completion of your request. We have searched for responsive records and not been able to locate or identify a record that includes all of the fields of data that you seek. Essentially in order to provide you with such a record the City would need to create a document in response to your request. That is not required under New Mexico’s IPRA law. See NMSA 1978, § 14-2-8(B) (“[n]othering in the Inspection of Public Records Act shall be construed to require a public body to create a public record.”); see also Office of Attorney General New Mexico Inspection of Public Records Act Compliance Guide, page 32, 8th Edition, 2015 (“[t]he right to inspect applies to any nonexempt public record that exists at the time of the request.”).
My office will now close your public records request.
Please let me know if you have any questions.
Office of the Acting APD Records Custodian
Acting APD Records Custodian/Records Supervisor
400 Roma Avenue NW, Alb., NM 87102
Office (505) 768-2137