COMPLAINT FOR GOVERNMENT RECORDS VIOLATION PAGE 1

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James Alan Bush
1211 East Santa Clara Avenue #4
San Jose, CA 95116
(408) 217-8282
theodore _ knock@mac.com
Plaintiff in propia persona
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SANTA CLARA
CIVIL DIVISION
COMPLAINT FOR DAMAGES AND
INJUNCTIVE AND DECLARATORY RELIEF
FOR FAILURE TO MAINTAIN RECORDS
PROPERLY
[Civ. Code 1798.45(b), (c),
Civ. Code 1798.18]
[Limited Civil Case (under $10,000)]
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James Alan Bush,
Plaintiff,
v.
Stuart Glasgow, Sunnvyale
Department of Public Safety,
Defendants.
__________________________________
PRELIMINARY STATEMENT
Plaintiff brings this civil action, pursuant to Civ. Code
1798.45(b), (c), for injunctive
1
and declaratory
2
relief and damages,
against, Defendant, Sunnyvale Department of Public Safety
3
, for
improper maintenance of records containing information concerning the
investigation, and theft of, Plaintiffs car, as well as the description
COMPLAINT FOR GOVERNMENT RECORDS VIOLATION PAGE 2
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of events and circumstances surrounding the theft, which occurred on
July 9
th
, 2006.
JURISDICTION AND VENUE
Jurisdiction is conferred upon this court pursuant to Section
1798.49 of the California Civil Code, which states that an action
to enforce any liability created under Sections 1798.45 to 1798.48,
inclusive, may be brought in any court of competent jurisdiction in the
county in which the complainant resides, or in which the defendants
records are situated, within two years from the date on which the cause
of action arises, except that where a defendant has materially and
willfully misrepresented any information required under this section
to be disclosed to an individual who is the subject of the information
and the information so misrepresented is material to the establishment
of the defendants liability to that individual under this section, the
action may be brought at any time within two years after discovery by
the complainant of the misrepresentation.
PARTIES
1. Plaintiff is an individual, as dened in Civ. Code 1798.3(d), and
is therefore lawfully entitled to bring this cause of action for
improper maintenance records pursuant to Civ. Code 1798.45(b), (c).
Plaintiff, at all times mentioned herein, was a resident of the City
of Sunnyvale, County of Santa Clara, State of California, residing
at 1220 Tasman Drive SPC 379.
2. Defendant, Sunnyvale Department of Public Safety (SDPS), is a
COMPLAINT FOR GOVERNMENT RECORDS VIOLATION PAGE 3
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law enforcement agency, charged with the enforcement of law and
order in the City of Sunnyvale, County of Santa Clara, State of
California.
3. Defendant, Stuart Glasgow (Badge No. 12584), at all times mentioned
herein, was a law enforcement ofcer, employed by the Sunnyvale
Department of Public Safety; Defendant Glasgow wrote Incident
Report Nos. 06-6107 and 06-6064.
FACTUAL ALLEGATIONS
4. Defendant SDPS maintains Report No. 06-6107, which contains
falsehoods and mischaracterizations of true facts, and grossly
misrepresents the events, relationships, and circumstances, in
which the report describes [Civ. Code 1798.18, 1798.45(b)]. This
record contains the following erroneous information concerning the
theft of plaintiffs car:
ODOMETER READING: 35K+
BODY TYPE: 2 DR
DATE/TIME OF REPORT: 6/12/06 2000
DATE/TIME OF OCCURRENCE: 6/08/06 0200
DATE/TIME REPORTED: 6/13/06 1326
LAST DRIVER OF VEHICLE: JOSHUA KOPPENHAVER
DATE/TIME: 6/7/06 2200
On 6/7/06 @ approx 2200 the RP Bush allowed his friend
Koppenhaver to borrow his car. Koppenhaver never returned it.
Bush attempted to call Koppenhaver w/ neg. results and nally
spoke w/ him on 6/12/06. [illegible] Koppenhaver stated he
fell asleep and forgot. The vehicle was towed.
RECENTLY LEFT IN PARKING GARAGE OR PARKING VALET SERVICE?
No
A copy of this report is attached hereto as Exhibit A, and is
COMPLAINT FOR GOVERNMENT RECORDS VIOLATION PAGE 4
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made a part hereof.
5. This purported information concerning the auto theft contained in
Defendant SDPS records is inaccurate and incomplete, in that:
The odometer read less than 32,000 miles. A copy of a receipt for an
oil change, in which the odometer reading is recorded, is attached
hereto as Exhibit B, and made a part hereof.
The car has four doors.
Plaintiff reported his vehicle stolen on June 9
th
, 2006, and every
day until June 12
th
, 2006, when he was approached by Defendant
Glasgow at his residence. A copy of OnStar call logs are attached
hereto as Exhibit C, and made a part hereof.
Report No. 06-6107 states that Plaintiffs car was recovered on June
12
th
, 2006; however, Report No. 06-6064 states that it was found on
June 11
th
, 2006.
The last driver of the car could have also been Defendant, Jonathan
Harrington, who was seen driving Plaintiffs vehicle by three
eyewitnesses. The recorded statements of two eyewitnesses, Vanessa
Cortez and Mike Monery, are transcribed and are attached hereto as
Exhibits D and E, and are made a part hereof.
Defendant Harrington is not listed as an accomplice, although
two recorded telephone conversations between Defendant, Joshua
Koppenhaver and the aforementioned defendant, which occurred the
day Plaintiffs car was stolen (June 9
th
, 2006) conrm this. The
recordings are transcribed and are attached hereto as Exhibits F
and G, and are made a part hereof.
Plaintiffs car was left in a parking garage while stolen. A copy of
COMPLAINT FOR GOVERNMENT RECORDS VIOLATION PAGE 5
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the receipt is attached as Exhibit H, and is made a part hereof.
6. Defendant SDPS also maintains Report No. 06-6064, which contains
falsehoods and mischaracterizations of true facts, and grossly
misrepresents the events, relationships, and circumstances, in
which the report describes [Civ. Code 1798.18, 1798.45(b)]. This
record contains the following erroneous information concerning the
investigation of the theft of plaintiffs car:
I had prior knowledge of James Bush from 1220 Tasman in
Sunnyvale from end of watch reports as a methamphetamine
user who has numerous arrests involving drugs at his mobile
home.
I opened the trunk of the car and found a Dell desk top
computer...
On 6-12-06 CSI Smart and I went to 1220 Tasman space 379 to
ask him why there was stolen property in the trunk of his
car. Bush answered the door and was cooperative.
Bush said he was told by a friend that Josh Koppenhaver and
John Harrington were seen in the car on 6-8-06. Bush said his
bank card was in the car when Koppenhaver took it and the
card has been used numerous times without his permission.
Bush has since cancelled the card to prevent further use. I
asked Bush if he had any roommates or friends in the home.
Bush said he kicked all of the roommates and his friends that
were staying at the home out and he was now living alone.
Bush has cleaned out all of the guest rooms.
Bush said his bank card was in the car when Koppenhaver took
it.
I asked Bush who he thought might be in the car with
Koppenhaver. Bush said John Harrington...
Harringtons mother Patricia Harringtons phone number is 408
849-7963.
On 6-13-06 Bush reported his car stolen (CR06-06107).
A copy of this report is attached hereto as Exhibit I, and is
made a part hereof.
COMPLAINT FOR GOVERNMENT RECORDS VIOLATION PAGE 6
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7. Plaintiff contradicts the defendants account of events with these
facts:
Plaintiff was not arrested numerous times for drug-related
offenses.
The trunk of plaintiffs car cannot be opened without the remote
unlock device; there is no internal mechanism for accessing the
trunk.
In addition to the three eyewitnesses who saw Defendant Harrington
driving Plaintiffs car, Plaintiff made available to Defendant,
Sunnyvale Department of Public Safety, two recorded telephone
conversations, in which Defendant Koppenhaver and Defendant
Harrington discuss their plan to steal Plaintiffs car and his
debit card. Plaintiff also provided recordings of his conversations
with Defendant Koppenhaver, and of voice messages to he left for
the plaintiff on June 9
th
, 2006. Transcripts of the recordings are
attached as Exhibits J, K, and L are attached hereto, and are
made a part hereof.
Not only was Defendant Harrington an accomplice in the theft of
plaintiffs car; but, he also used the car in an extortion plot, in
order to keep the plaintiff from reporting Defendant Harringtons
crimes against him. Recordings of the conversations between
Plaintiff and Defendant Harrington, in which Plaintiff was extorted,
were provided to Defendant, Sunnyvale Department of Public Safety,
on June 9
th
, 2006. Transcripts of the recordings are attached hereto
as Exhibits M, N, O, P, Q, R, S, T, and U, and are
made a part hereof.
COMPLAINT FOR GOVERNMENT RECORDS VIOLATION PAGE 7
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Plaintiff did not state that his debit card was in his car when
stolen by Defendant Koppenhaver. In fact, on June 9
th
, 2006,
Plaintiff provided Defendant SDPS with a recorded telephone
conversation between Defendant Koppenhaver and Defendant
Harrington, in which they discuss taking it from Plaintiffs wallet.
Also, Plaintiff explicitly stated that Defendant Koppenhaver stole
his debit card and withdrew nearly $1,200.
Plaintiff specically identied Defendant Harrington as an
accomplice to the auto theft, and reminded Defendant Glasgow of
the recorded telephone conversations Plaintiff gave him on June 9
th
,
2006, as evidence of this.
Patricia Harrington was identied to Plaintiff as Defendant
Harringtons wife, not his mother.
Plaintiff reported his car stolen on June 9
th
, June 10
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, June 11
th
,
and June 12
th
, 2006. It was not until June 12
th
, 2006, that Defendant
Glasgow acknowledged the theft in a telephone message to Plaintiff.
A transcript of the telephone message is attached hereto as Exhibit
V, and made a part hereof.
Defendant Glasgow spoke with Defendant Koppenhaver at the residence
where Plaintiffs car was recovered; and, upon information and
belief, Defendant Glasgow knew Defendant Koppenhaver prior to their
encounter on June 12
th
, 2006. Defendant Koppenhaver recounted his
conversation with Defendant Glasgow to Plaintiff in a telephone
conversation on the same day. A transcription is attached hereto as
Exhibit W, and is made a part hereof.
Defendant Glasgow failed to report that Defendant Koppenhaver
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admitted to using Plaintiffs debit card numerous times while it
was in his possession during the telephone conversation Defendant
Glasgow monitored on June 12
th
, 2006; moreover, he did not charge
Defendant Koppenhaver with identity theft or robbery.
Defendant Glasgows explanation for locating Plaintiffs car is
untenable, as it is unlikely that someone called Defendant SDPS to
complain about a car parked in their neighbors driveway (assuming
plaintiffs car was parked in a driveway).
Plaintiff did not regard anyone who occupied his home as roommates
or friends. In fact, Plaintiff asked Defendant SDPS to remove
unwelcome guests from his home on multiple occassions. Plaintiff
provided the defendants with an extensive and detailed account
of the crimes committed against him by others, which also
included photographs and audio recordings, to substantiate his
claim. Regardless, maintenance of information on First Amendment
activities, and in particular, how Plaintiff exercises his right to
freedom of association, is prohibited in state agency records under
California law.
8. Plaintiff did not discover these errors and omissions until
July 29
th
, 2008, when Defendant SDPS acquiesced to Plaintiffs second
request for a copy of Report No. 06-6064. Plaintiff originally
requested this report in October 2006; however, he was only given a
partial report, a copy of which is attached hereto as Exhibit X,
and is made a part hereof.
9. Plaintiff has not yet requested Defendant SDPS to include an
amendment to the report, and to correct the aforementioned errors;
COMPLAINT FOR GOVERNMENT RECORDS VIOLATION PAGE 9
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nor has Plaintiff requested to include a statement of disagreement
in the report, a right afforded him under Civ. Code 1798.35,
1798.36.
10. The records are maintained by Defendant SDPS with such reckless
disregard and carelessness as to its truth or falsity as to
indicate an utter disregard of the rights of Plaintiff.
11. The consequences of defendants failure to properly maintain records
precluded Plaintiff from seeking justice for the criminal conduct
by which he was victimized [Civ. Code 1798.18].
12. The manner in which Defendant SDPS maintained its records
containing information concerning the auto theft was maliciously,
negligently, and inexcusably intended to obfuscate the fact that the
defendants refused Plaintiff equal protection to the laws [Civ. Code
1798.18], and attempted to implicate Plaintiff in a robbery.
13. Plaintiff was deprived of the use of his only means of
transportation for one-and-a-half months, and Plaintiff spent over
$1,000 in insurance premiums for repairs ($500 for the vandalism
to Plaintiffs car, which occurred on June 8
th
, 2006; and, $500 for
the repairs to the damage caused by Defendants Harrington and
Koppenhaver while Plaintiffs car was stolen).
PRAYER FOR RELIEF
WHEREFORE, Plaintiff prays for judgment against Defendants for:
1. A declaration of fact to resolve the dispute between parties in
regards to the statements in controversy; and, for an injunction,
ordering the defendants to correct inaccuracies and omissions in
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the reports [Civ. Code 1798.35, 1798.36];
2. An injunction, ordering the inclusion of relevant facts that were
omitted from the report;
3. For the cost of towing and storage, plus damages, in the amount of
$300;
4. For the cost of repairs to the vehicle, and damages for its loss of
use, in the amount of $3,000; and,
5. The costs of the suit herein, plus reasonable attorneys fees;
and, for damages according to proof, as determined by the court
[Civ. Code 1798.48].
VERIFICATION
I, James Alan Bush, Plaintiff in the above-entitled action, have
read the foregoing and know the contents thereof. The same is true of
my own knowledge, except as to those matters that are therein alleged
on information and belief; and, as to those matters, I believe it to be
true.
I declare under penalty of perjury that the foregoing is true and
correct and that this declaration was executed in San Jose, California.
Plaintiff: Dated:
MEMORANDUM OF POINTS AND AUTHORITIES PAGE 11
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James Alan Bush
1211 East Santa Clara Avenue #4
San Jose, CA 95118
(408) 982-3272
theodore _ knock@mac.com
Plaintiff in propia persona
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SANTA CLARA
CIVIL DIVISION
MEMORANDUM OF POINTS AND
AUTHORITIES IN SUPPORT OF
PLAINTIFFS COMPLAINT FOR DAMAGES
AND INJUNCTIVE AND DECLARATORY
RELIEF FOR FAILURE TO MAINTAIN
RECORDS PROPERLY
[Cal. Rules of Ct., Rule 313]
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James Alan Bush,
Plaintiff,
v.
Stuart Glasgow, Sunnvyale
Department of Public Safety,
Defendants.
__________________________________
MEMORANDUM OF POINTS AND AUTHORITIES
Under California law:
An action against a state agency brought pursuant to Civ. Code
1798.18, 1798.45(b), (c), 1798.48 for failure to properly maintain records
may be brought within two years from the date on which the cause of
action arises, except that when a defendant has materially and willfully
MEMORANDUM OF POINTS AND AUTHORITIES PAGE 12
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misrepresented any information required under Civ. Code 1798.49 to be
disclosed to an individual who is the subject of the information and
the information so misrepresented is material to the establishment of
the agencys liability to that individual under Civ. Code 1798.49, the
action may be brought at any time within two years after discovery by
the complainant of the misrepresentation [see Civ. Code l798.49].
CASE LAW
I. PLAINTIFF IS ENTITLED TO DAMAGES BECAUSE DEFENDANTS HAVE FAILED TO
PROPERLY MAINTAIN ITS RECORDS WHICH CONTAIN INFORMATION CONCERNING
THE PLAINTIFF.
A. Agencys Duty to Properly Maintain Records. Each agency shall
maintain all records, to the maximum extent possible, with
accuracy, relevance, timeliness, and completeness when the
records are used to make any determination about the individual
[Civ. Code 1798.18].
B. Only Relevant Information May Be Maintained. Each agency
shall maintain in its records only personal information that
is relevant and necessary to accomplish a purpose of the
agency required or authorized by the California Constitution
or statute, or mandated by the federal government [Civ. Code
1798.14].
C. Damages for Improper Maintenance. In any suit brought
for failure to properly maintain information used in a
determination or other violation of the Information Practices
Act (Civ. Code 1798-1798.78), the agency shall be liable to
MEMORANDUM OF POINTS AND AUTHORITIES PAGE 13
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the individual for the sum of actual damages sustained by the
individual, including damages for mental suffering, and the
costs of the action together with reasonable attorneys fees as
determined by the court (Civ. Code 1798.48).
II. THE DEFENDANT AGENCY IS MAINTAINING INFORMATION IN ITS RECORDS
DESCRIBING PLAINTIFFS ACTIVITIES IN THE EXERCISE OF HIS RIGHTS
GUARANTEED BY THE FIRST AMENDMENT, IN VIOLATION OF 5 U.S.C.S.
552a(e)(7).
A. Maintenance of Information on First Amendment Activities
Prohibited. An agency that maintains a system of records shall
maintain no record describing how any individual exercises
rights guaranteed by the First Amendment unless expressly
authorized by statute or by the individual about whom the
record is maintained or unless pertinent to and within the
scope of an authorized law enforcement activity (see 5 U.S.C.S.
552a(e)(7)).
B. Detrimental Effect on Plaintiff. Allegation of a system
of independently unlawful intrusions, accumulation and
dissemination of inaccurate information, damage to reputation
and business are sufcient to establish that the defendants
conduct had a detrimental effect on the plaintiff, so that a
civil action regarding violation of 5 U.S.C.S. 552a(e)(7) may
be maintained (Jabara v. Kelley (E.D. Mich. 1979) 476 F. Supp.
561, 568, 580, revd on other grounds, Jabara v. Webster (6th
Cir. 1982) 691 F.2d 272, 280).
III. THE COURT SHOULD ORDER DEFENDANT TO AMEND ITS RECORDS CONCERNING
MEMORANDUM OF POINTS AND AUTHORITIES PAGE 14
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PLAINTIFF AS PLAINTIFF HAS REQUESTED OR TO INCLUDE PLAINTIFFS
STATEMENT OF DISAGREEMENT WITH THE RECORDS WITHIN THE RECORDS
IN QUESTION BECAUSE PLAINTIFF IS ENTITLED TO SUCH AMENDMENT OR
INCLUSION OF A STATEMENT UNDER THE INFORMATION PRACTICES ACT OF
1977.
A. Request for Amendment of Record. Each agency must permit an
individual to request in writing an amendment of a record
and shall within 30 days of receipt of such request make
each comtion in accordance with the individuals request,
of any portion of a record that the individual believes is
not accurate, relevant, timely, or complete, and inform the
individual of the corrections made; or inform the individual
of its reason for refusing to amend the record, and provide
the individual with an opportunity to request review of
the refusal. If, after review, the agency makes a nal
determination not to make the requested amendment, the agency
shall permit the individual to le with the record a statement
of disagreement and shall on any subsequent disclosure clearly
note the disputed portion of the record, and make available
to any receiving party both the individuals statement of
disagreement and its own statement of its reasons for refusing
to make the amendment (see Civ. Code 1798.35-1798.37).
B. Relief by Writ of Mandate for Abuse of Discretion. A writ of
mandate issued persuant to Code Civ. Proc. 1085, 1086 is
proper to control abuse of discretion by an administrative
agency (Manjares v. Newton (1966) 64 W. 2d 365, 370, 49 Cal.
MEMORANDUM OF POINTS AND AUTHORITIES PAGE 15
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Rptr. 805, 411 P.2d 901; see Code Civ. Proc. 1085, 1086).
C. Injunction Against Agency. Any agency that fails to comply with
any provision of the Information Practices Act of 1977 (Civ.
Code 1798-1798.78) may be enjoined by any court of competent
jurisdiction. The court may make such judgment or order as is
necessary to prevent the use of or employment by an agency of
any practices that violate the Information Practices Act of
1977. Actions for injunction may be brought by any individual
acting in his or her own behalf (Civ. Code 1798.47).
D. Amendment Is Proper Remedy for Improperly Maintained Records.
Although an agency is not required to amend its records merely
because an individual requests it, an agency my be compelled to
amend records used as a basis of a determination concerning the
&e&d individual, including information that is not maintained
with such accuracy, relevance, timeliness, and completeness as
is reasonably necessary to assure fairness to the individual in
making the determination [see Savarese v. United States Dept of
Health, Educ. & Welfare (N.D. Ga. 1979) 479 F. Supp. 304, 306-307,
affd, (5th Cir. 1980) 620 F.2d 298)]. The provisions of the
Privacy Act interpreted by Savarese are comparable to analogous
provisions of the Information Practices Act [(compare 5 U.S.C.S.
552a(d)(2), (3) (amendment), (e)(5) (improper maintenance)
with Civ. Code 1798.18 (improper maintenance), 1798.35-1798.37
(amendment)].
Plaintiff: Dated:
EXHIBIT A PAGE 16
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James Alan Bush
1211 East Santa Clara Avenue #4
San Jose, CA 95116
(408) 217-8282
theodore _ knock@mac.com
Plaintiff in propia persona
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SANTA CLARA
CIVIL DIVISION
EXHIBIT A
SUNNYVALE DEPARTMENT OF PUBLIC
SAFETY REPORT NO. 06-6107
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James Alan Bush,
Plaintiff,
v.
Stuart Glasgow, Sunnvyale
Department of Public Safety,
Defendants.
__________________________________
EXHIBIT A
Plaintiff hereby submits Exhibit A, a copy of Sunnyvale Department
of Public Safety Report No. 06-6107, written on July 13
th
, 2006, by
Defendant, Stuart Glasgow.
Plaintiff: Dated:
EXHIBIT A PAGE 17
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EXHIBIT B PAGE 22
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James Alan Bush
1211 East Santa Clara Avenue #4
San Jose, CA 95116
(408) 217-8282
theodore _ knock@mac.com
Plaintiff in propia persona
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SANTA CLARA
CIVIL DIVISION
EXHIBIT B
SUNNYVALE DEPARTMENT OF PUBLIC
SAFETY REPORT NO. 06-6064
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James Alan Bush,
Plaintiff,
v.
Stuart Glasgow, Sunnvyale
Department of Public Safety,
Defendants.
__________________________________
EXHIBIT B
Plaintiff hereby submits Exhibit B, a copy of Sunnyvale
Department of Public Safety Incident Report No. 06-6064, written on
July 13
th
, 2006, by Defendant, Stuart Glasgow.
Plaintiff: Dated:
EXHIBIT B PAGE 23
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Incident Report
Sunnyvale Police Department
Address
700 All America Way
City, State Zip Code
SUNNYVALE, CA 94086
066064
Supplement No
ORIG
Reported Date
06/11/2006
Nature of Call
496
Officer
GLASGOW, STUART
Phone Number
(408)730-7100
Fax Number
(408)730-7705
Administrative Information
. Agency
ISunnyvale
i Incident No
1061620208
1-:----
: Location
I Report No
Police Department ,06-6064
1 Status
jA-PI POLICE INVESTIGATIONS
I Supplement No Reported Date ----I Reported Time -I -- ------,
, ORIG 06/11/2006, 17:19 I
I
Nature of Call
496 PC STOLEN PROPERTY I
1 ~~ALE I ;e~01,1 ;---~ T;e, ! Ben=~
I I
! Approval Date I
~/13/2006
, Approving Supervisor
13536/LOCKE, RON
389 S PASTORIA AV
From Dale I From Time I Officer
'06/11/2006 17:20 :12584/GLASGOW, STUART
Assignment' I Entered by II RMS Transfer
PATROL TEAM A SQUAD ~ 14243 Successful
-- I
Approval 1 ,",y
23:23:41
Lalenl-Prin~t~'-----
LX
I Property Report
IX
Evidence
X
~~nsel ~ff~~~ 6
~

, Invl : Invl No
OTH 1
--,-,-
Invl IIlVII'W
Invl i Invl No
VIC'2
-----'--
lnvl Ilnvl No
~-y~
I lnvl i Invl No
!VICI4
.U...
Summa Narrative
Invl I Type
RCV,l
I
License No
5DLG298
1
- Year
2004
I
M,ke
PONT
I
Color
BLK
PLED:
CSI Smart - Evidence Collection / Report.
PSO Choi - Fill Officer / No Report.
PSO Wilson - Fill Officer / No Report.
PSO Prange - Fill Officer / No Report.
Sunnyvale Public Safety
CONTROllED DOCUMENT
NOT TO BE DUPLICATED
Summary:
On 6-11-06 at 1719 hrs, Officers responded to 389 Pastoria for a disturbance call. Further
investigation revealed a car was illegally parked in the driveway of the address blocking in the
i Report Officer I Printed AI I
:12584/GLASGOW, STUART ,08/09{2006 16 :46 Page I of 7
EXHIBIT B PAGE 24
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Incident Report
Sunnyvale Police Department
066064
Supplement No
ORIG
SummalY Narrative
residents car. At the resident's request, the car was towed away from the scene per 22651 (d)
CVC. An inventory search of the car revealed several items of property that was reported
stolen. The owner of the towed vehicle reported it stolen the next day. Several possible
suspects were identified. No arrests have been made yet. The case was referred to
investigations for follow-up.
~'~o;~c/'GLASGOW, STUART 1-=~-="~:,t/,---=-0-,-9-,-/-=2=-0=-=--=--=-=-=--=-: __ ----,
EXHIBIT B PAGE 25
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066064
Supplement No
ORIG
; Type I Address
[!lOME,
I ZIP Code
-
Type ~---~---":'I :;'O~N::o::--------------,';'O::'L':;S~-----i',-------------------.,
OPERATOR LICENSE I
Type
C''''''''T71.T C''Q''TTRITYNUMBER
jCity ---I
------______.r---"- '-"----
.... 1:II~ 1'!.l ..
~llnVI No I Type ---j Name
'SUSPECT ,1 _!Individual :KOPPENHAVER,JOSHUA ,-- . , .... _._ 1'_'__ I'
. Date of Birth i Age 1 Juvenile? ! Height ~ Weight I Hair Color! I
'09/11/1987118 No 16'01" 130# BLONDE/STRAWBERRY
Type Address - --I City I Stale
HOME 683 SALBERG SANTA CLARA 'CALIFORNIA
-ZIP Code ~---T ---- ._~-_
,95051
~
[
invi No i Type
UT"'T'T'M' (T'l~ \ '"'J I T_...J..! __ ..! ..1ut=ll I .TORDAN,ROBERT WILLIAM LEE SR
----
I A : -'::;1"1,,,
!-Z"IP""COOo"d", -
-
Type~-_"':'---"'I':':IO':"N:::O~-----------i[~ro:iLs~-----i""1
OPERATOR LICENSE '.- ~'-- _
(Person) I ~VI No I _u__ . I ~, __~___ __ _ _
I Dale of Birth ! Age I Juvenile? I Height I Weiqht I Hair Color i Eve (;olor I
, .,,,,,.,~Type
Report Officer
12584/GLASGOW, STUART
1
Printed At
l'\0/no/")l'\06 l6:46
EXHIBIT B PAGE 26
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Incident Report
Sunnvvale Police Department
066064
Supplement No
ORIG
,pe 1 Address
HOME
ZIP Code
.. irr I
,OPERATOR LICENSE
Type
,,,nr'TH. SECURITY
"'''Vlle Type
Storage L.Ul.mIUII
PRO STAR I
UISpO
,RELEASED TO OWNER
Link Name
Investigation:
On 6-11-06 at1722 hrs., I responded to 389 S. Pastoria for a report of 2 male subjects jumping
over the neighbors fence at 385 S. Pastoria to gain access to the rear yard of 389 S. Pastoria.
The RP said the two males parked a black Pontiac Grand Prix (5DLG298). The registered
owner of the car was James Bush. Upon my arrival, I met PSO Wilson who was already at the
scene. The black Pontiac Grand Prix was still parked in the north driveway behind a white
sedan. I had prior knowledge of James Bush from 1220 Tasman in Sunnyvale from end of
watch reports as a methamphetamine user who has numerous arrests involving drugs at his
mobile home.
PSO Wilson spoke with one of the neighbors who told him there is a garage and a small cottage
in the back yard. There is an access to the cottage in the rear yard from 395 S. Pastoria. The
resident also said that people come and go through his property to get into the cottage at all
hours of the night and early m()rning. --,=~.._-----_
Report Officer I Prin
12584/GLASGOW, STUART i08/09/2(
~---_---'-''-=-'-~--=-='-=-=---=-='-=-=-''---_L.::...::'''-=--=---=-=---'--- __
EXHIBIT B PAGE 27
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Incident Report
Sunnyvale Police Department
066064
Supplement No
ORIG
Narrative
PSO Prange, PSO Wilson and I went through the back yard of 395 S. Pastoria to the cottage to
the rear of 389 S. Pastoria to investigate who climbed over the fence into the rear yard. While at
the cottage to the rear of 389 S. Pastoria, Robert Blasquez walked out of the back door of the
main house at 389 S. Pastoria and asked why we were at his house. I told Blasquez that we
had a report of 2 male subject's who jumped over a fence and went into the cottage. Blasquez
said, "That's bullshit, nobody jumped over any fences." I asked Blasquez if he knew who lived in
the cottage. Blasquez said he lived in the cottage and his mother lived in the main house.
I asked Blasquez if he knew James Bush. Blasquez said," I never heard of him". I asked
Blasquez why Bush's car was parked in his driveway. Blasquez said, "It isn't." I told Blasquez
that I saw the car in his driveway just a few minutes before and said the car is still there.
Blasquez looked over the fence to his driveway and said, "I have never seen that car before in
my life. The white car is mine" Blasquez insisted several times that he did not have any friends
over and no one should be parked in his driveway but him. I asked Blasquez if he knew anyone
who would park the car in his driveway without telling him. Blasquez said, "Nope". I asked
Blasquez if he wanted us to tow the car out of his driveway because his car was blocked in by
the black car. Blasquez said he was ok with the car being parked behind his car. I asked
Blasquez if he was sure he did not want the car towed from behind his car because he did not
know if the driver of the car was ever going to return and get it out of his way. Blasquez said,
"Yeah, sure tow it out of here".
I asked Dispatch to send a tow truck to the front of 389 S. Pastoria to tow the car per 22651(d)
CVC at Blasquez's request. I began filling out the tow sheet (CHP 180) and taking inventory of
the car. The driver side door of the car was unlocked. I looked into the passenger compartment
and noticed there was a Bank of America Visa card with the name James Bush on it (item 29)
sitting on the center console of the car. I opened the trunk of the car and found a Dell desk top
computer (item 3), keyboard (item 2) and monitor (item 1). I ran the serial number of the
computer through Dispatch to see of the computer was stolen. Dispatch advised the computer
was not listed as stolen. I left the computer in the trunk of the car. I saw a white plastic bag
containing various paperwork, receipts credit cards and identification cards. Some of the
paperwork belonged to James Bush and some of the items belonged to various other people.
collected the bag for observation and the car was towed from the scene. Blasquez stood
outside of his house and watched as the car was loaded onto the flatbed tow truck and removed
from his driveway.
I returned to DPS with the bag of paper and ID cards (item 10). I found a California Driver's
license belonging to Chloe Sluis (item 12). There were also 2 credit cards (items 13 and 14) a
check book (item 16) and several checks written to Chloe Sluis (item 15). I called Chloe Sluis
using the phone number listed on her check book.
Statementof Victim, Chloe Sluis:
Sluis called back a short time later and told me that her car window was smashed and her
property was stolen from her car while parked at the Extend A Stay Inn located at 46312 Mission
Blvd. in Fremont the night before between 2200 hrs and 0800 hours. Sluis reported the theft to
Fremont PD (FPD case #060611011). Fremont PD recovered a crow bar from the scene. Sluis
said she was missing a Dell Desktop computer, a Black schedule book containing her old
; Report Officer
12584/GLASGOW, STUART
I
Printed At
______ 08/09/2006 16 :46
i
IPage 5 of 7
EXHIBIT B PAGE 28
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Incident Report
Sunnyvale Police Department
066064
Supplement No
ORIG
Narrative
driver's license, credit cards, and several checks that were written to her, an amber colored
skate bag with skates inside, a JVC model GRDVL805U Camcorder with a serial number
066J2579 in a black nylon case. The Bank of the West credit card was used at 1601 Capitol
Ave. in San Jose. And the Amazon credit card was used at a Valero gas station at 602 S.
Winchester. The credit card use was reported to San Jose PD (SJPD case #061620934).
InvestigationConti nued:
After talking to Sluis, I asked CSI Smart and PSO Choi to go to the car at Pro Star Towing and
retrieve the computer and any other property or receipts they find.
Other identification in the bag (item 10) was a California ID card, a Social Security card, a
Lockheed ID card and a Band of America Visa card belonging to Robert Jordan. The last 4
digits of Jordan's Visa card were 9006. There was a receipt from Winchester Valero at 602
Winchester Blvd. used on 6-11-06 at 1020 hrs with the last 4 digits of the car as 9006. After
several unsuccessful attempts at locating Robert Jordan, I called Chloe Sluis and asked her if
she knew anyone by the name of Robert Jordan. Sluis said Robert Jordan was her father who
died on 5-18-06. Sluis had Jordan's credit cards, ID and 4 joke lottery tickets in a red neoprene
eyeglass case in her car.
There was a California driver's license belonging to Raman K Dhanota (item 11) in the bag (item
10).
I called Dhanota and left her a message asking if she was missing her driver's license. On
6-12-06 Dhanota returned my call.
Statementof Victim Dhanota:
Dhanota said her silver 2001 Honda accord was stolen from the driveway of her home in
Milpitas on 4-26-06. Dhanota reported the car stolen to Milpitas PD (MPD case 06116076). The
car was recovered partially stripped. Dhanota was still missing her purse containing her ID,
Social Security Number and Check book, a black nylon CD case with English and Punjabi music
CDs.
Investi gationConti nued:
I contacted Fremont PO, San Jose PO and Milpitas PD and requested fax copies of the above
mentioned police reports. I processed the 10 cards, all of the credit cards and the checkbook
ledger (item 17) using black powder and tape. I collected 13 latent print cards from the items.
sent the items to CIO for comparison.
I called the Valero gas station located at 602 S. Winchester (998-2911) and spoke to the
manager, Carrie Brown. I gave her the time, date and card number used and asked her to
check the security camera video for the transaction. Brown said she did not have access to the
recorder. Brown will get a copy of the transaction for us.
On 6-12-06 CSI Smart and I went to 1220 Tasman space 379 to ask him why there was stolen
property in the trunk of his car. Bush answered the door and was cooperative.
i Report Officer
'12584/GLASGOW, STUART
Printed At
j08/09/2006 16:46 Page 6 of 7
I
,
EXHIBIT B PAGE 29
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Incident Report
Sunnyvale Police Department
066064
Supplement No
ORIG
Narrath(e
Statementof James Bush:
Bush said his ex roommate / friend Josh Koppenhaver has had access to the keys to his car in
the past. Koppenhaver borrowed the car to go get something on 6-7-06 and did not return it.
Bush tried to report the car stolen with DPS on 6-7-06 but the car was considered loaned and
couId not be considered stolen.
Bush did not know anything about any stolen property and he has not seen his car since 6-7-06.
Bush said he was told by a friend that Josh Koppenhaver and John Harrington were seen in the
car on 6-8-06. Bush said his bank card was in the car when Koppenhaver took it and the card
has been used numerous times without his permission. Bush has since cancelled the card to
prevent further use. I asked Bush if he had any roommates or friends in the home. Bush said
he kicked all of the roommates and his friends that were staying at the home out and he was
now living alone. Bush has cleaned out all of the guest rooms. I asked Bush if I could look in
his home for any stolen property. Bush said yes and let CSI Smart and me into the home. We
searched the home without finding any property belonging to the victims.
While inside Bush's house, he received a phone call on his cell phone. Bush said, "It's Josh and
answered the phone on speaker phone. Bush asked, "Who is this". The voice (Koppenhaver)
said, it's Josh. Bush asked "Where is my car?" Koppenhaver said, I needed it to get some
stuff. Bush asked, "why didn't you return it." koppenhaver said, "I fell asleep." Bush replied, You
slept for 4 days? Where is my car now?" Koppenhaver said, "It was at a friend's house. I got the
keys in my pocket. The cops towed it illegally from my friend Rob's house. You have to call
them and get the car back because they towed it illegally, the car was parked legally in the
driveway and they towed it. My mom said they cant tow it if it's legally parked. There is a
computer in the trunk that I need to get". Bush said, "Someone called about a computer in my
car last night." Koppenhaver said, "I borrowed my friend Rob's computer. He used my PSP as
collateral because I needed a computer'. Bush asked,"Who used my debit card". Koppenhaver
said, "Your debit card is still in your car I didn't use it once". Bush asked, "You didn't use it
once?" Koppenhaver said, "Well I used once to buy gas". Bush said, "I have like a whole bunch
of transactions." Koppenhaver denied using his card any other time. Koppenhaver said he was
staying at his mother's house. I activated my digital recorder about half way through the
conversation (evidence item 40).
I asked Bush if he knew Robert Blasquez. Bush said no. I asked Bush who he thought might be
in the car with Koppenhaver. Bush said John Harrington and described him as a white male
with a black beard, large and fat. Harrington possibly lives in Morgan Hill or at 2074 Quito Rd.
Harrington's mother Patricia Harrington's phone number is 408 849-7963. I told Bush that one
of the subjects seen in the car by a neighbor had a goatee. Bush said it was probably Shane
Castaneda (around 24 years old).
InvestigationConti nued:
On 6-13-06 Bush reported his car stolen (CR06-06107).
I am leaving this case active to Investigations for further follow-up.
Report Officer
12584!GLASGOW, STUART
I
Printed At
08/09/2006 16:46 I Page 7 of 7
EXHIBIT B PAGE 30
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InCident Report
Sunnyvale Police Department
Address
700 All America Way
City, State Zip Code
SUNNYVALE, CA 94086
066064
Supplement No
0001
'YI
Reported Dale
06/11/2006
Nature of Call
496
Officer
SMART, BRYAN
Phone Number
(408)730-7100
Fax Number
(408) 730-7705

Agency
Sunnyvale
Incident No
06162n~no
Police Department i'" OJ ........... I ............. i ... _, __
1
Status i Naturl
'v~vv ,A-PI POLICE INVESTIGATIONS
"i.OcaUUII
389 S PASTORIA AV
[-From Date . Officer
106/11/2006 j12974/SMART, BRYAN
I Entered by 1 Assignment I RMS Transfer
[12584 ,PATROL TEAM A SQUAD 3 ,Successful
Assignment
PATROL TEAM A SQUAD 3
! Approval Time
!23:24:44
Approving Supervisor
13536/LOCKE, RON
Approval Date
06/13/2006
Narrative
Crime Scene Investigation:
On 6/11/06 at 2158 hours I assisted PSO Glasgow with his investigation of a stolen property
case. I accompanied PSO Choi to Pro Star Tow at 150 N. Wolfe. We collected possible stolen
property out of a car that had been towed by PSO Glasgow. The car was a black Pontiac CA#
5DLG298 and was registered to James Bush. I collected items #1-9 from inside the trunk of the
car. I brought the items to SVDPS for processing.
I took digital images of prints (undeveloped) I located on Item #1, a HP flat screen monitor. I
processed Items #2-4 for latent prints with black powder at SVDPS. I located some latent prints
bearing friction ridge detail on Item #4, a glass smoking pipe.
Latent Prints:
I submitted one latent print card from Item #4 to SJ CIU. I also submitted 1 CD containing digital
images of latent prints from Item #1 to SJ CIU.
Printed At
notna/')n06 16:46
,
IPage 1 of 1
Report Officer
12 974/SMART, BRY~ __ . ~I__=v__=v"-'_'v'_'-'_','_=~_"v_=_='__'=__=__'__'_=_ __ "___'__""_=_ _'