FOIA Templates
Your Public Records Arsenal
These Freedom of Information Act requests expose the lack of evidence for encryption. When Palo Alto searched 3 years of records and found zero scanner-related officer harm, the city reversed its encryption decision.
The FOIA Strategy
1. Request the Impossible Evidence
Ask for documented cases of scanner access harming officers. The answer is almost always "no responsive records"—proving their justification is baseless.
2. Follow the Money
Request cost documents, vendor proposals, and budget allocations. Millions spent with no proven benefit is a powerful argument.
3. Expose the Process
Request internal communications about encryption. Discover who pushed for it, what alternatives were considered, and whether the public was consulted.
Template #1: Scanner Harm Documentation
The most important request—this often wins the entire argument
Request for Documented Scanner-Related Incidents
Purpose: Prove there's no evidence that scanner access has ever harmed officers or operations
Subject: Public Records Request - Police Radio Scanner Incidents
To [Records Custodian/FOIA Officer],
Under [State] public records law / Freedom of Information Act, I request copies of the following records:
- All documented incidents where public access to police radio communications (via scanner, Broadcastify, or similar means) resulted in:
- Injury to any police officer
- Harm to any police operation
- Compromise of any investigation
- Flight or escape of a suspect
- Any other documented negative outcome attributed to scanner access
- All incident reports, memos, or communications documenting any of the above.
- Any studies, analyses, or assessments conducted by the department regarding risks associated with public scanner access.
Time period: [Last 5 years] to present
If no responsive records exist for any category, please confirm in writing that "no responsive records were located."
Please provide records in electronic format (PDF preferred) to: [your email]
If you anticipate fees exceeding $25, please contact me before proceeding.
Thank you for your assistance.
[Your Name]
[Address]
[Email]
[Phone]
How to Use This Response
- If "no responsive records": This is your most powerful evidence. Quote it in testimony: "The department searched [X years] of records and found zero documented cases of scanner access causing harm."
- If they find something: Review carefully. Most "incidents" are hypothetical concerns, not actual documented harm. Challenge weak evidence.
- If they delay: Follow up. Delays suggest they're looking for something that doesn't exist.
Template #2: Encryption Cost Documentation
Follow the money—encryption is expensive with no proven ROI
Request for Encryption System Costs
Purpose: Document the full cost of encryption to challenge budget justification
Subject: Public Records Request - Radio Encryption Costs
To [Records Custodian/FOIA Officer],
Under [State] public records law, I request copies of the following records:
- All budget proposals, line items, and appropriations related to police radio encryption, radio system upgrades, or P25 system implementation, including:
- Initial implementation costs
- Hardware and equipment purchases
- Software licensing fees
- Consultant or vendor fees
- Training costs
- Ongoing maintenance and support costs (annual)
- All vendor proposals, quotes, or contracts for encrypted radio systems.
- Any cost-benefit analyses conducted regarding radio encryption.
- Any grant applications or awards used to fund encryption systems.
Time period: [Last 3 years] to present
Please provide records in electronic format to: [your email]
Thank you for your assistance.
[Your Name]
[Address]
[Email]
[Phone]
How to Use This Response
- Calculate total cost: Add up all line items. Encryption systems often cost $500K to $5M+.
- Compare to benefits: With zero documented harm prevented, ask: "What did we get for [X million dollars]?"
- Propose alternatives: "For [X dollars], we could hire [Y officers] or fund [Z community programs]."
Template #3: Decision-Making Communications
Expose who pushed for encryption and what alternatives were considered
Request for Encryption Decision Communications
Purpose: Understand the decision-making process and identify what was considered
Subject: Public Records Request - Radio Encryption Decision Process
To [Records Custodian/FOIA Officer],
Under [State] public records law, I request copies of the following records:
- All communications (emails, memos, letters, meeting notes) between department personnel regarding police radio encryption, including:
- Internal discussions about encryption plans
- Communications with city/county officials
- Communications with vendors
- Communications with other law enforcement agencies
- All meeting agendas, minutes, and presentations regarding radio encryption decisions.
- Any public notice or community engagement documents related to encryption decisions.
- Any analysis of alternatives to full encryption (such as hybrid systems, delayed feeds, or media access programs).
- Any policies or procedures regarding radio communication encryption.
Time period: [Last 2 years] to present
Search terms: "encryption," "encrypted," "P25," "radio security," "scanner," "Broadcastify"
Please provide records in electronic format to: [your email]
Thank you for your assistance.
[Your Name]
[Address]
[Email]
[Phone]
What to Look For
- No public notice: Was the community ever consulted? Many encryption decisions happen without public input.
- Vendor influence: Did equipment vendors push encryption to sell new systems?
- Alternatives rejected: Were hybrid systems considered? Why were they rejected?
- Internal opposition: Did anyone inside the department raise concerns?
Template #4: Media Access Policies
Document current press access and any changes planned
Request for Media Access Policies
Purpose: Understand how encryption affects press access and what accommodations exist
Subject: Public Records Request - Media Access to Police Communications
To [Records Custodian/FOIA Officer],
Under [State] public records law, I request copies of the following records:
- All policies and procedures regarding media access to police radio communications.
- Any media credentialing programs that provide journalists access to encrypted communications.
- Any agreements or MOUs with news organizations regarding scanner or radio access.
- Any delayed or time-shifted public access systems (such as delayed feeds on Broadcastify or similar platforms).
- All communications with news organizations regarding radio encryption or access changes.
- Any complaints or concerns received from journalists or media organizations about encryption.
Time period: [Last 2 years] to present
Please provide records in electronic format to: [your email]
Thank you for your assistance.
[Your Name]
[Address]
[Email]
[Phone]
How to Use This Response
- No media program: If no credentialing program exists, push for one as a compromise.
- Long delays: If delayed feeds are 30+ minutes, advocate for shorter delays.
- Journalist complaints: Use documented concerns from media organizations in testimony.
Filing Tips
How to maximize your chances of getting useful records
Know Your Law
Research your state's public records law. Requirements vary by state. Some have stricter timelines, lower fees, or broader access than federal FOIA.
Be Specific
Vague requests get vague responses. List specific document types, time periods, and search terms. The more precise your request, the better your results.
Request Electronic Format
Always ask for records in electronic format (PDF, email files). It's usually cheaper and faster than paper copies.
Set Fee Limits
Ask to be contacted if fees exceed a certain amount (e.g., $25 or $50). This prevents surprise bills and lets you narrow the request if needed.
Follow Up
If you don't receive a response within the statutory deadline, send a follow-up. Document all communications in case you need to appeal.
Request "No Records" Confirmation
Always ask them to confirm in writing if no records exist. That written confirmation is evidence you can use in testimony.
File Multiple Requests
Don't put everything in one request. Separate requests for different topics are often processed faster.
Appeal Denials
If your request is denied or heavily redacted, you usually have the right to appeal. Many denials are overturned on appeal.
FOIA Results That Changed Outcomes
Palo Alto, California
When advocates requested documented cases of scanner access harming officers, the department's 3-year search returned "no responsive records." This admission became the centerpiece of the community's argument. Council Member Greer Stone cited this finding when voting to reverse encryption.
Broadcastify CEO Statement
The CEO of Broadcastify—the largest scanner streaming platform—has stated that in the platform's entire history, they have never received documented evidence of any harm caused by scanner access. This industry-wide confirmation supports local FOIA findings.
Take Action for Transparency
Your voice matters. Here are concrete ways to advocate for open police communications in your community.
Contact Your Representatives
Use our templates to email your local officials about police radio encryption policies.
Get StartedRead Case Studies
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Public Testimony
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