DMV License Plate Records
Q: I attended a peaceful rally and protest. At this event there was a cube van that appeared to be a surveillance vehicle. I have photos of this van showing the front and read license plate. After the event, at my request, a Sheriff’s deputy ran the plate and it came back as non-existent. A DMV telephone help line operator told me the plate number was not in the DMV system. I submitted a broad CPRA request asking for all paper and electronic records for the license plate number as well as a photo of the vehicle showing the plates.
DMV replied to my CPRA request: “There is no record on file relating to this license plate number”.
In your opinion, was my request too broad? Is DMV required to tell me how they conducted their search? Should I attempt to get an index of the public record documents and submit another CPRA request more narrowly focused? Assuming the plate was not a forgery, do you have any suggestions on how I could find out anything about when this plate was made, and to whom it was issued?
My interest is to determine if this is a law enforcement vehicle, or a private vehicle to determine who had this protest under surveillance.
I understand that this license plate could have been a forgery. But it did not look like one and the registration sticker appeared to be valid.
A: You first asked about the scope of your Public Records Act Request. Based on your request for specific records relating to a particular license number, the request is probably sufficiently narrow. As to your question about whether the DMV is required to tell you how they conducted their search for the records you requested, you should be aware of Government Code section 6253.1, which provides:
6253.1. (a) When a member of the public requests to inspect a public record or obtain a copy of a public record, the public agency, in order to assist the member of the public make a focused and effective request that reasonably describes an identifiable record or records, shall do all of the following, to the extent reasonable under the circumstances:
(1) Assist the member of the public to identify records and information that are responsive to the request or to the purpose of the request, if stated.
(2) Describe the information technology and physical location in which the records exist.
(3) Provide suggestions for overcoming any practical basis for denying access to the records or information sought.
(b) The requirements of paragraph (1) of subdivision (a) shall be deemed to have been satisfied if the public agency is unable to identify the requested information after making a reasonable effort to elicit additional clarifying information from the requester that will help identify the record or records.
(c) The requirements of subdivision (a) are in addition to any action required of a public agency by Section 6253.
(d) This section shall not apply to a request for public records if any of the following applies: (1) The public agency makes available the requested records pursuant to Section 6253. (2) The public agency determines that the request should be denied and bases that determination solely on an exemption listed in Section 6254. (3) The public agency makes available an index of its records.
As a follow-up to your initial request, you might want to call the DMV or visit in person, and seek their assistance. You might also ask them if there is any other government agency that might have responsive records, other than the DMV.