Can Police Confirm Existence of Records in an Ongoing Investigation?

Question from Josh, Can Police Confirm Existence of Records in an Ongoing Investigation?

Answer from AI:

When you submit a Freedom of Information Act (FOIA) request to a law enforcement agency, you are asking for access to records that are typically public. However, there are certain exemptions under FOIA that allow agencies to withhold information. One of these exemptions pertains to ongoing investigations.

Understanding FOIA Exemptions

Under Exemption 7(A) of the FOIA, a law enforcement agency can withhold records or information compiled for law enforcement purposes that could reasonably be expected to interfere with enforcement proceedings. This means that if the release of the information could harm an ongoing investigation, the agency has the right to deny the request.

Agency Response to FOIA Requests

When responding to a FOIA request, an agency may:

1. Confirm the existence of records and state that they are being withheld under the appropriate FOIA exemption.
2. Neither confirm nor deny the existence of records if the mere acknowledgment of such records would itself cause harm to the investigation. This is known as a “Glomar response.”

A Glomar response is typically used in situations where confirming or denying the existence of records could compromise national security, privacy, or law enforcement operations.

What to Expect in a FOIA Response

If you submit a FOIA request related to an ongoing investigation, the law enforcement agency may:

• Inform you that certain records cannot be disclosed due to an ongoing investigation.
• Provide a Glomar response, neither confirming nor denying the existence of records.
• Release records that can be disclosed without interfering with the investigation, possibly with redactions.

Appealing a FOIA Decision

If your request is denied or you receive a Glomar response, you have the right to appeal the decision. The agency’s FOIA denial letter should provide instructions on how to file an appeal. During the appeal process, a higher authority within the agency will review your request and the initial decision.

Legal Advice and Assistance

While this information provides a general overview of the FOIA process in relation to ongoing investigations, individual circumstances can vary greatly. If you believe your FOIA request has been improperly denied, or if you need assistance understanding your rights under FOIA, it may be beneficial to consult with a legal professional who specializes in information law.

For more detailed information on FOIA and its exemptions, you can visit the official FOIA website. Remember that FOIA laws and their interpretations can change, so staying informed about current regulations is important.