Private Investigator Public Records Internet Search Privacy Reporting - PI Buzz

A California appellate court has settled a public records case — the right of access to a Santa Clara County GIS parcel mapping database — in favor of the plaintiffs, the California First Amendment Coalition. The county alternately demanded an exorbitant fee to access the database, then claimed that it was protected for national security reasons, even though they had already sold it to some private parties. Huh? Unbelievably, Santa Clara County argued that release of the digital maps might make the water supply a target for terrorists? Pleeease…

Support the CFAC’s efforts to keep government records open and express your appreciation for their free legal hotline.

In another, but unfortunate court decision, the Third Appellate District court exempted from disclosure crime-related autopsy records, claiming they are encompassed under the California Public Records Act exception for police “investigatory files”.

A little noticed but potentially significant (for public records researchers) California Attorney General opinion was released a week ago. The opinion upends the almost universal interpretation of the Public Records Act by county Assessors pertaining to disseminating property addresses on the Internet.

If you go to any California county Assessor online public inquiry you’ll see an explanation similar to this on the Stanislaus County site:

California Government Code 6254.21 states that “No state or local agency shall post the home address or telephone number of any elected or appointed official on the Internet without first obtaining the written permission of the individual.”

Therefore the agencies don’t reveal anyone’s address.The law seems to be hewed to regarding the real property addresses for public officials, right? Not according to the AG. Deputy Attorney General Daniel Stone says the common interpretation is wrong and isn’t what the legislature intended.

As a practical matter, we believe that a broad and overly literal reading of section 6254.21(a) would lead to unworkable results. Some public agencies…might conclude that they were forced to refrain from making any property-related database accessible to any internet technology, no matter how secure or limited the network, due to the possibility that the data could contain home information of public officials. Other public agencies… might conclude that they were forced to review and redact their databases… Such an identification process would be difficult, time consuming, and inevitably incomplete. Furthermore, the resulting revised property databases… would no longer be comprehensive and would therefore be of diminished utility to users. We are hesitant to conclude that the Legislature could have intended such impractical results.

Simply put, the 1998 law was “intended to prevent public agencies from posting on their public websites any list or directory of public officials’ home addresses and telephone numbers, without first obtaining each official’s written permission to be included in the listing.” In other words, government agencies can’t construct a list of names and residential addresses of government employees and put that on their Internet sites.

Giving the Assessors permission to reconsider their ban on including addresses and names in their online databases, Stone states, simply:

Indeed, we believe that if the Legislature had in fact contemplated a comprehensively literal application of section 6254.21(a), that intention would have been more clearly reflected in the statute.

Give a kindly call to your local Assessor and ask her/him what changes they anticipate making in their Internet access in light of this opinion. What did the Assessor say?

Search by name or partial name to find disciplinary actions by the California Department of Corporations against employees of escrow agents. Results provide full name, date of action and the restriction imposed.

This database contains listing of individuals that, from January 1, 1991 to the present, have been censured, suspended, or barred by the California Department of Corporations pursuant to Financial Code section 17423 of the Escrow Law.

The free real property databases are extending their geographical coverage and the types of features that delight investigators. Zillow has a fly-on-the-cyber-wall feature that will be appreciated by lawyers and investigators: number of total and recent month page views for a particular property. Find it at the bottom of the “Home Facts” detail page. The last sales date and sales price is available on both Zillow and Cyberhomes, but I found the data more often on Zillow. This site will also show a list of all houses on a specified street, with a link to the home details.

Cyberhomes has a more modern look, but if you’re not especially interested in comparables, Zillow probably offers more for an investigator. Cyberhomes does have an easy to find neighborhood snapshot of census-derived demographic data. The comps and photos, available at both sites, give a quick sense of the neighborhood economic profile.

Free registration at PropertyShark will get you 6 free lookups a day that return property owner name and last sales price. Unfortunately, the county Assessors’ Web sites often don’t provide the owner name, even though it’s a public record. PropertyShark may not have this for all addresses, so you might want to use the free owner lookup at CourthouseDirect.

View your selected slice of real estate on a map at Live, Google, Yahoo, MapQuest or TerraServer at PropertyShark. There’s also a link to the Department of Justice, National Sex Offender Public Web Site.

A few reminders: Not all regions or addresses are included in any of the free sites, which is true for fee-based databases, as well. Some Web sites are missing large geographical areas or addresses on a street. Also, if you’re searching property records as part of an investigation, utilize multiple sources - free and fee-based - and dig into the Assessor and Recorder supplied records. Check their online and onsite records. There are differences.

I wrote about PropertyShark and did another posting, also in 2006, which generated a number of valuable additions in the comments.

How have you used real property sites in investigations?

The New York Court of Appeals supported the private real property data vendor, Data Tree, in its quest to secure an electronic version of property records. New York Court of Appeals Rejects Reporters Committee Rationale, Access Reports, December 20, 2007.

The Minnesota Association of County Officers is seeking the participation of Minnesota county Recorders to create an online marriage index database.

Vermont real property tax forms are now sent to Vermont town clerks rather than the homeowner, which makes this form a public record. These documents list the amount of tax reductions given to homeowners based on income, enabling one to estimate a household’s income.

Complaints by residents in Oregon has lead to the removal of some property owner’s names from PortlandMaps, the city’s online mapping program of assessor’s data and building permits. Portland offers a vague explanation for the decision to allow a search by address only.

Ohio media outlets may have to add a requirement to the standard job description: must have photographic memory. That is, if they want to peruse particular public records which cannot be copied. That’s the law in Ohio. The opinion of the Ohio Attorney General adds absurdity to confusion in his assertion that reporters can inspect the gun permit owner lists kept by the Sheriffs’ offices but are not allowed to write anything down. Keep your eyes peeled for a clarifying law, sure to be stupider than the first.

Meanwhile, the Wisconsin Attorney General has issued an opinion that may make police agency’s records more available to the public. The AG stated that a 1991 state Supreme Court ruling exempting from the open records law district attorney files does not apply to police reports. A police spokesperson objected, claiming that open access would give a defense attorney “tactical advantage over a prosecutor who has not yet examined the police reports”, according to this story. Will someone make a list of all the arguments public agencies have offered for keeping public records out of our hands?

It had to happen. Newspapers that publish public records databases have been attracting more viewers to their sites. I don’t know if this translates into subscribers or other ways papers make money, but the Memphis Daily News is taking the direct approach, selling access to Tennessee public records. The paper has partnered with the Chandler Reports, which sells property profiles and business filings. There are no free searches, although they do the usual gimmick of presenting search fields but then require a fee to see any results.

One interesting feature that I haven’t seen other newspapers pick up monitors new public records filings then sends them to you in an email. This costs, too. The Watch Service charges $1 a month per tracked entity - a business, person or address - obtaining daily filings of property, bankruptcy and court records. Then an alert is emailed to you when a record is located. It’s unclear how detailed this is. Also, the service only covers Shelby and DeSoto counties.

Oh, the paper did just add a free crime report database. Search by address to find crime incidents. If you want to receive email alerts you’ll have to subscribe!

Similar and more extensive records may be available for free from the government agencies that generate them. Perhaps some of my readers can enlighten us.

This is the only site I’ve seen that aggregates the indexes of Recorder documents of multiple counties. The Oklahoma County Clerk Public Records is a project of the Oklahoma county clerks in conjunction with Kellpro, which develops software applications for Oklahoma and Texas county and state agencies. Search across all 28 Oklahoma counties that are currently in this database by name. Registration is free but required to get online access to document images.

The well established may disappear overnight in the realm of online government records. Visitors to the Jefferson County, Alabama Probate Court online records search - the site for images of land records, personal property and probate recordings - were recently greeted by an unwelcome message.

Due to privacy concerns, this site is unavailable until further notice. Data is still available at the Jefferson County Probate offices.

A reporter alerted the county to the availability of Social Security numbers in some document images - mostly older UCC filings - which were not properly redacted. The site is completely down until all the SSNs can be removed.

California legislation that would have restored the public’s right to view police disciplinary information has apparently been derailed before being heard in the Assembly Public Safety Committee. The California Progress Report gives a detailed review.

The San Mateo County, California Court site has posted a Standing Order restricting personal data in court filings, in accordance with the California Rules of Court. Personal identifiers should be limited to the last 4 digits of the Social Security number, the year of birth, and initials for minor children.

Adoptees received some good news in a bill signed by the governor of Maine. Starting January 1, 2009 anyone adopted in Maine gains the right to their original birth certificate. Only 3 other states have unlocked adoption records that were formerly closed.

In the ever new species of state registries the Virginia Department of Agriculture and Consumer Services has sprouted the Dangerous Dog Registry!

The Dangerous Dog Registry provides a mechanism for consumers to determine if dangerous dogs reside in their neighborhoods and for local animal control officials to post information about dogs that have been declared dangerous by the local court.

Courthouse Direct has added a free bankruptcy index search to its collection of free public records, which now include nationwide (sort of) real property, many Recorder indexes, and Texas marriage, divorce and death indexes.

Search the bankruptcy records by name, date, filing state, type of filing, city, state or the the last 4 digits in the Social Security number. The asterisk wildcard can be used after a partial first name. The results list returns the court location, full name of the party, the date of the filing and the filing type. The filing type is not very useful because it describes the subject (defendant 1 or 2 or “other”), not the nature of the court filing. Further details are available for a fee, or you can go to PACER, which is less costly. The through dates are not specified, except that the party search is complete starting in 2001. I found California cases in one jurisdiction from 1985. Other states had filings from the early 1990’s but most seemed to be from the 2000’s. Courthouse Direct bankruptcy data comes from the commercial service AACER, which does not have a free lookup.

One caution: The bankruptcy search only works in Internet Explorer!

Visit this federal government site for a glossary of bankruptcy terms.

The North Carolina Sex Offender Registry has added email notification and mapping. Search by partial name, city, county, address or physical coordinates to retrieve a list of offenders. Select a profile, then click on the mapping symbol. Expand the view to include registrants within a 1, 3 or 5 mile radius. Hover over the icon to view the other nearby registrants’ photos and addresses. Then request email notification whenever a sex offender is registered at an address within that radius. The search function also covers sex offenders who are incarcerated.

Montana driving record histories and vehicle license information can now be obtained from the State of Montana Web site. Both are only available with with an account, subject to a permissible reason, outlined in the subscriber agreement.

…Personal Information may be requested as a part of Agreed Data only for the following purposes:
A. By any insurer or insurance support organization in connection with claims
investigation activities, anti-fraud activities, rating, or underwriting.
B. In the normal course of business by a legitimate business or its agents,
employees or contractors:
1. To verify the accuracy of personal information submitted by the individual
who is the subject of the record to the business or its agents, employees
or contractors; and
2. If such information is not correct, to obtain the correct information, but only for the purposes of preventing fraud by pursuing legal remedies against, or recovering on a debt or security interest against an insured or applicant.
3. To verify vehicle information.
C. By an employer or its agent or insurer to obtain or verify information relating to a holder of a commercial driver’s license required under the Commercial Motor Vehicle Safety Act of 1986 (49 U.S.C. Part 383)
D. For use in connection with any civil, criminal, administrative, or arbitral
proceeding in any Federal, State, or local court or agency or before any selfregulatory
body, including the service of process…

[Via TVC]

Booking photos of those who are arrested but not charged or found not guilty must be removed from Web sites maintained by county Sheriff offices, according to an opinion issued by the Alabama Attorney General.

Plot parcels and geographic features on the Tucson Arizona Department of Transportation GIS parcel viewer. Search by address, real property owner name, name of school or intersection. Mastering the map functions can take some time if you’re not versed in the Autodesk program (which requires the Internet Explorer browser), so you might want to consult their map viewer guide. The easiest way to plot a parcel is to search by the owner name, address or parcel number from this page. Then select the link, “zoom to parcel”, which highlights the parcel on the map. Select “detail information” to link directly to permit history for that parcel and recorded documents.

Print and save maps with the features you specify. The Tucson Department of Transportation also produces other maps related to traffic and geographic land characteristics.

Recently more cities and counties in California have established or improved their online GIS mapping Web sites. Search on the Merced County site for real properties by address or parcel number. The parcel map displays the nearby properties and their addresses. A detailed profile gives property characteristics with valuations.

The City of Modesto (view in Internet Explorer only) map isn’t straight forward but has many useful features, once you learn how to use them. Plot geographical features, government buildings, parcels and businesses by description, SIC code, address or APN and delineate these within an adjustable radius. Print or copy maps into other applications.

The San Joaquin County parcel viewer is streamlined and easy to use. Search by parcel number, street address or partial street name to get a list of all properties with those characteristics. Select a property and it appears on a parcel map showing all other nearby parcels. Somewhat limited aerial photos are available from 1994-2006.

Some of the other California counties with interactive GIS property mapping are listed at this site.

Texas Attorney General Greg Abbott issued an opinion that county clerks are required to remove social security numbers from documents before releasing them to the public. The outcry from county clerks, subsequently from legislators, has forced him to put a 60 day hold on enforcement while the legislators review the consequences of this sweeping directive.

Administrative rules adopted by the Arkansas Supreme court affirm public access to court records while shielding Social Security numbers. The Arkansas courts were also directed to make dockets, judgments, orders, or decrees accessible to the public online. Reported by The Reporters Committee for Freedom of the Press

The Plumas County California GIS Parcel Viewer application is online. Construct a topographical map of terrain features, locate real property by APN or street address and label and measure distances between features.

Minnesota state Sen. Julianne Ortman, has sponsored legislation that “would explicitly allow under statute the sealing of most conviction, arrest and other criminal justice documents held by the courts and state and local government agencies” according to the Star Tribune. Some serious felonies would be excluded. SF 294 would require employers tell prospective employees that expunged records do not have to be identified.

Madera County, California real property parcel maps can be searched by address and viewed online.

The Sacramento County, California probate court is adding online document images to its Web site. Only cases filed after February 5, 2007 are currently included.

The recent expansion of the role of Arizona Ombudsman-Citizens’ Aide Office will provide a complaint center for addressing public records access violations.

The Indiana Attorney General has an online, searchable database of the legal actions they have initiated against violators of Indiana’s consumer protection laws. Search by county and/or year or view a list by defendant’s name, with links to the public filings and court orders.

The Pasco County, Florida Sheriff has added many new online tools to its Web site: Active calls log, Dispatch log, Subdivision activity log, Inmates in jail, and Outstanding warrants.

The Virgina legislature is entertaining bills that would alter public records.

For example, there’s a bill to remove Social Security numbers from court documents and land records. Another would remove Social Security numbers from voter records before those records are sold to anyone in another state. A third just makes it generally illegal to make publicly available someone else’s Social Security number, even if the number was gotten from public documents.

Some California police departments have had the support of judges in keeping search warrant affidavits out of court files. All this may change because of an appeals court decision.

The Superior Courts in Los Angeles and Orange counties have for years allowed police to keep the only version of the sealed affidavit they use to obtain a search warrant without filing a copy with the court, a practice that defense attorneys said was rife with potential abuse.

The use of the procedure in Orange County began receiving attention two weeks ago, after a state appeals court ruling in a local case involving a search warrant.

Asked by a reporter, Los Angeles County Superior Court officials said this week that judges there also allowed officers to keep the sealed affidavits.

The practice was so little-known that the Los Angeles County public defenders office, with one of the largest caseloads in the country, did not learn about it until the appeals court decision.

Keeping the previous story in mind, it comes as no surprise that the First Amendment advocate, Californians Aware, has uncovered wide spread violations of the California Public Records Act by law enforcement agencies. Read the report, Public Access to Law Enforcement Information, which includes statistics and a database of audit results by agency.

Medical privacy does not have primacy over the collection of unpaid bills, according to a Mississippi Supreme Court ruling. The collection agency included an itemized medical invoice in a court filing, but that action did not breach patient privacy because it didn’t contain confidential doctor-patient communications.

Iowa Court records related to juveniles will no longer be included in the court system’s online database.

Under a new law starting this month, names of juveniles who are ten to 17 will only appear online when a case is completed and the individual has been found guilty.

The Del Norte, California Tax Assessor has added a real property search by parcel number.

The New York City Department of Corrections is testing an inmate database that has more extensive details than Vinelink, including projected release date and inmate physical description. The New York State Department of Corrections has current and historical data on prisoners in the state system but not the local facilities. These three sources offer a good training on the value of drawing on multiple sources for a particular type of information. [Reported in Legal Dockets Online.]

Here are results of a name search done through each of these sites. The NY State site returns a historical incarceration but not the information that the individual is in a NYC facility. Vineline and the NYC DOC both have the current custody status but the NYC site reveals more details.

NYC DOC
NYS DOC
Vinelink

The Del Norte County California Tax Assessor records can be searched by parcel number.

Sometimes public records that are not available at a government site can be found at a free private Web site. Newspapers have gathered records and built searchable databases, as is the case with crime reports in San Antonio, Texas. The Express-News Crimebase can be searched by type of offense, ZIP code, street names, reporting officer or report number.

The Kentucky Court has been mandated to destroy all misdemeanor files older than 5 years. Cases filed before 2001 have already been purged.

The Multnomah County, Oregon Auditor’s Office has released its report, Public Records: Eliminate barriers to citizen access, a brief examination and statistical compilation of the response of county agencies to public record act requests. The Oregonian concludes that the county may be in violation of Oregon’s Public Records Law.

Search real property profiles and current and historical building permits by parcel number or address for unincorporated Sonoma County, California.

Virginia has expanded its listings of incarcerations at the VineLink site, with plans to add all local jails. This is a good source for verifying the location of an inmate, but the site also lists former inmates who are deceased.

San Francisco real property sales from the Multiple Listing Service are searchable by address, address range, neighborhood, property profile, real estate agent or agency. Property profiles show a street view and interior photographs. Select the agent link to view all properties for that agent on the MLS.

Trulia.com is more geographically far reaching, covering cities and towns nationwide but it isn’t as comprehensive as the MLS. Use the “advanced search” tool to restrict the search by address or to include multiple towns (there’s no county option).

Check for regional sites, such as Redfin, which covers the San Francisco Bay Area and Seattle, Washington, for more extensive listings and property options. Redfin MLS properties can be searched by address or neighborhood. Properties are plotted on a map, so you can view other nearby sales. The site also covers past property sales.

A new player in the very active online real estate listings competition is PropertyShark, which, unlike Zillow, provides the current owner at an address, and also customizes demographic maps for the geographical region of an address.

At the Zillow site you can look for real property valuations and aerial photographs by property address. It covers many more cities than does PropertyShark but the tools at this site are a unique supplement to the other property listing and mapping Web sites.

A PropertyShark search by address (after free registration) returned a profile with the current ownership, last deed transfer, demographic maps, building permits, neighbors and nearby property sales. Coverage is strongest in New York, particularly Manhattan, for which there are photographs of properties, but take a look at all the site features. Cities in New York, New Jersey, Ohio, Florida, Texas, Washington, Oregon and California are currently included.

Map your life in Los Angeles and plot crime and property sales within the circumference of a specific address.

Searching a nationwide database of court judgments and tax liens may not return all the filed records, even recent ones. You must search the county Recorder official records to do a comprehensive search.

Many County Recorders’ indices are available at their official Web site. Real property documents are found here, but there are also financial records, including court judgments and, state and federal tax liens, which can often be accessed remotely, that may not be found anywhere else. [More on this in a moment.]

Earlier I wrote about a company that has free access to a database of current real property ownership.This site also has a fee service providing instantaneous remote access to images of recorded documents, a service not usually available at a county Internet site.

Netronline has a few free features –one is a county lookup by zipcode or city–and a fee service for aerial maps by address.

Regional proprietary databases may have an online index, which may not available at the county site. TitleX has searchable indices for Texas, but this is a fee only site.

Okay, here’s the gaping hole in the widely available nationwide bankruptcy, judgments and lien searches.

Read the rest of this entry »

The Placer County, California Assessor site has added parcel map viewing and printing. Enter a parcel number to obtain owner name and associated map page image.

The sex offender and violent offender databases operated by each state are always being tweaked. The Iowa site has added an e-mail notification feature, which is available at many state sites and also at Family Watchdog.

Several states have either created or authorized the development of a Web registry naming people convicted of making or selling methamphetamines. Utah and Oregon may be the most recent states to establish a meth boutique database. Montana includes convicted meth manufacturers in its Sexual and Violent Offender Registry.

The Lake County, California Recorder index is searchable at the county Web site. A search by name or date range returns filing parties, date of filing and document number. No document images are available. The database appears to cover records from 1974 to the present.

The Yahoo! Real Estate search tool locates addresses, streets or areas by zip code, providing integrated results with a map, real property valuations and census data. While the estimated property values and comparables may not be a sufficiently reliable figure on which to base a selling price, as readers noted in the the Yahoo! Search blog, they offer a sense of the economic status of the neighborhood. The demographic data is filled out by census-based data, showing the cost of living and crime statistics by zip code compared with the national average. The property profiles are provided by Zillow, which I previously wrote about and on which readers commented.

Set up an account at CourthouseDirect, a real property index and document retrieval site, and conduct a free search for nationwide real property assets by name, address, city, state or Assessors Parcel Number (APN), or any combination of fields. The same search fields are returned in the results. You can order a property profile for a fee. Many counties have a free index at their Recorder of Deeds site. Some Recorder indices that are not at the counties’ Web sites are available at CourthouseDirect. Documents retained by the county Recorder — deeds, tax liens, financial agreements, Deeds of Trust and Lis Pendens — can be obtained for a fee.