Police and Investigative Agencies (Confidentiality of Investigatitive Files)

FOI Advisory Council Opinion AO-06-11

Adult arrestee booking photographs (mug shots) are public records subject to FOIA.

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.

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 has been established.

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.

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.

FOI Advisory Council Opinion AO-16-01

List of concealed handgun permit holders is a public record.

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.

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.

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.

Coward v. City of Richmond

A valid subpoena duces tecum is not a matter covered by FOIA.

Pages

Subscribe to RSS - Police and Investigative Agencies (Confidentiality of Investigatitive Files)