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 a felony investigation. However, photographs may not be drawn from the Central Criminal Records Exchange for disclosure at any time to comply with a FOIA request.""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 a felony investigation. However, photographs may not be drawn from the Central Criminal Records Exchange for disclosure at any time to comply with a FOIA request."

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.

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