Police (Misc.)
1999 FOIA Changes Made Non-Criminal Incident Reports Subject to FOI for the First Time
-
Minium v. Chesterfield County (circuit court)
A Chesterfield County Circuit Court ruled that the Chesterfield Police Department can redact names of many of its officers from a spreadsheet of salary information because those officers can be used for undercover operations at any time.
-
Minium v. Hines (Hanover Circuit Court)
Hanover Circuit Court says the names of most officers in the Hanover Sheriff’s office can be kept off of a spreadsheet of department salaries because some of those officers might one day work undercover.
-
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.
-
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…
-
FOI Advisory Council Opinion AO-08-13
FOIA Council weighs in on availability of date of birth information held by law enforcement agencies.
-
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.
-
FOI Advisory Council Opinion AO-06-11
Adult arrestee booking photographs (mug shots) are public records subject to FOIA.
-
FOI Advisory Council Opinion AO-02-11
Pursuant to the exemption for records of persons imprisoned in penal institutions in the Commonwealth related to the imprisonment, the Department of Corrections may withhold a list of female inmates showing the inmates’ names, state identification numbers, and facility locations.
-
FOI Advisory Council Opinion AO-10-09
Certain portions of FOIA’s criminal records exemptions are currently limited to use only by local law enforcement agencies, not the State Police.
-
FOI Advisory Council Opinion AO-06-08
Records concerning general law enforcement policy matters must be disclosed, but records specifying how policy will be implemented, i.e. the methods by which officers will conduct investigations, may be withheld as records of investigative techniques or procedures.
-
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.
-
911 tapes are public record, judge rules
— The public has a right to hear the 911 call made by a mother accused of killing her son, a judge ruled April 13.
-
FOI Advisory Council Opinion AO-10-03
A suicide report held by a police department is generally available as a noncriminal incident report, though personal, medical or financial information may be redacted.
-
Connell v. Kersey
(NOTE: The 2002 General Assembly added an amendment to FOIA reversing this decision and making clear that all constitutional offices are subject to FOI law.) Present: All the Justices JAMES G. CONNELL III v ANDREW KERSEY OPINION BY JUSTICE LAWRENCE L. KOONTZ, JR. Record No. 001729 June 8, 2001 FROM THE CIRCUIT COURT OF FAIRFAX…
-
FOI Advisory Council Opinion AO-16-01
List of concealed handgun permit holders is a public record.
-
FOI Advisory Council Opinion AO-06-01
noncriminal incident police reports are available under FOIA, though police may excise personal identifying information; phone director of city employees, if it exists, is subject to disclosure under FOIA.
-
Connell v. Kersey
Commonwealth Attorney not a public body under FOIA. Criminal incident information need only be summarized; the actual records need not be disclosed.
-
Tull v. Brown
Tapes used to record 911 calls are public records, but they are exempt as noncriminal incident information.
-
Attorney General’s Opinion 1996 #102
Bail and Recognizances: prior AG opinions described as public records commitment papers, continuance cards and other info relevant to making bail, extend to giving it to magistrates who ask for it.
-
Attorney General’s Opinion 1991 #013
Files associated with an active investigation may be withheld, but do not have to be after the investigation is complete.
-
Attorney General’s Opinion 1990 #009
Booking photos and mug shots are official records that must be disclosed.
-
Attorney General’s Opinion 1987-88 #037
Jail registers are open records, but some information in a so-called ‘dispatch log’ is confidential, as is some information in a so-called ‘jail log.’
-
Attorney General’s Opinion 1983-84 #446A
jail register or list of those incarcerated is subject to disclosure, except for names of juvenile offenders
-
Attorney General’s Opinion 1982-83 #709
Circuit court clerks files that contain certain pre-sentence reports and juvenile records are not subject to disclosure under FOIA.
-
Attorney General’s Opinion 1982-83 #711
Lists of unclaimed property held by the police are exempt from disclosure if they are part of a criminal investigation.