Police and Investigative Agencies (Confidentiality of Investigatitive Files)
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Juarez v. Commonwealth’s Attorney for Prince William County (circuit court)
Circuit Court Judge Angela Horan ruled the Prince William County Commonwealth’s Attorney violated FOIA multiple times over an 18-month period by failing to respond, not providing all the records requested, and not matching redactions with an exemption. The judge ordered the CA to pay the petitioner $22,500 in attorney fees.
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NPR v. Virginia Department of Corrections (COA)
In an unpublished opinion, the Virginia Court of Appeals ruled that four tapes made of executions between 1987 and 1990 are records records “of persons imprisoned” that can be withheld under 2.2-3706(B)(4).
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City of Norfolk v. Zoghi (COA)
The Court of Appeals of Virginia rules — in an unpublished opinion — that the City of Norfolk cannot withhold records related to a juvenile crime victim under §16.1-301, which, the court says, only applies to the withholding of records related to juvenile defendants.
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Attorney General 20-034
“The Virginia Freedom of Information Act requires local police departments to release footage from body-worn and/or dashboard cameras related to officer-involved shootings unless an exception applies.” This opinion isn’t novel, but it does review the issue in part under the new §2.2-3706.1.
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FOI Advisory Council Opinion AO-02-21
The Parole Board is largely excepted from FOIA, but that exception only applies to the Board itself. However, the Office of the State Inspector General (OSIG) may withhold certain records it receives from the Board pursuant to the administrative investigation exemption at subdivision 7 of § 2.2-3705.3. The same exemption requires that OSIG must release…
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FOI Advisory Council Opinion AO-03-20
The records exclusion at subdivision 1 of § 2.2-3705.3 exempts from mandatory disclosure “information relating to investigations of applicants for licenses and permits, and of all licensees and permittees, made by or submitted to” certain public bodies. That language includes the application and materials submitted. Additionally, unlike several other exemptions in the same section, the language…
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FOI Advisory Council Opinion AO-08-15
Body worn and dashboard video recordings made by law enforcement are public records subject to FOIA. The application of exemptions from mandatory disclosure depends on the contents of the video. Duty to redact is in question following Virginia Supreme Court ruling in 2015.
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Fitzgerald v. Loudoun County Sheriff’s Office
In a proceeding under the Virginia Freedom of Information Act, to obtain a copy of a suicide note contained in a criminal investigative file opened by a sheriff’s office under its lawful authority to investigate the unexpected and unattended death of a senior United States Air Force official, the sheriff had the discretion, but not…
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Attorney General Opinion 14-063
“For the foregoing reasons, it is my opinion that local law enforcement agencies must disclose adult arrestee photographs pursuant to a valid FOIA request if they are contained in a database maintained by the local law enforcement agency, regardless of whether the defendant is still incarcerated or has been released, unless disclosing them will jeopardize…
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FOI Advisory Council Opinion AO-04-14
Suicide reports and related records may be withheld as criminal investigative files because suicide remains a crime in Virginia. To the extent it conflicts with this opinion, AO-10-03 is hereby rescinded.
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FOI Advisory Council Opinion AO-06-12
Considering three different records exemptions, an adult arrestee photograph (mug shot) may not be withheld as a noncriminal incident record; may be withheld if its release would jeopardize a felony investigation; and may be withheld if the subject depicted is also a witness.
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FOI Advisory Council Opinion AO-01-12
911 records are public records under FOIA. Whether any exemptions apply to 911 records must be determined on a case-by-case basis.
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FOI Advisory Council Opinion AO-06-11
Adult arrestee booking photographs (mug shots) are public records subject to FOIA.
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FOI Advisory Council Opinion AO-01-10
Records that have been entered into evidence and made part of the public record at a public hearing may not subsequently be withheld from disclosure as exempt records of a criminal investigation or prosecution.
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FOI Advisory Council Opinion AO-09-08
FOIA provides that public bodies bear the burden of proof to establish an exemption by a preponderance of the evidence. However, FOIA is silent regarding whether a requester may challenge as an abuse of discretion a decision not to disclose records that are excluded from mandatory disclosure pursuant to a valid exemption, once the exemption…
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Attorney General’s Opinion 2007 #027
List of concealed-carry gun permittees should be kept confidential by the state police because it might contain names of crime victims or witnesses.
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FOI Advisory Council Opinion AO-27-03
In interpreting subsections (F)(1) and (G) of 2.2-3706, the General Assembly intended for records relating to criminal investigations and prosecutions to be exempt from public disclosure, whether such records are held by state or local law-enforcement officials.
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FOI Advisory Council Opinion AO-16-01
List of concealed handgun permit holders is a public record.
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FOI Advisory Council Opinion AO-21-00
The Erosion and Sedimentation Control Administrator for the Natural Tunnel Soil and Water Conservation District, when conducting an investigation to determine if a criminal violation of section 10.1-563 has been committed, could properly withhold the records of the complaints leading to the investigation.
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Lawrence v. Jenkins
Not an FOIA violation when a public official chooses to exercise an exemption, redacted exempt information, but failed to timely cite the applicable Code section for the exemption.
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Attorney General’s Opinion 1998 #005
A record’s copyright status does not prevent it from being released under FOIA; lyric sheets and audio tapes are official records.
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Coward v. City of Richmond
A valid subpoena duces tecum is not a matter covered by FOIA.
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Wheeler v. Gabbay
FOIA and the discovery rules of the Supreme Court are mutually exclusive. Under FOIA, citizens are entitled to criminal incident reports that describe the criminal act.
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James v. Division of Consolidated Services
Va FOIA excludes evidence related to a criminal investigation unless needed for criminal defense.
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Attorney General’s Opinion 1984-85 #424
Reports filed in confidence with state or local police are exempt.