Police and Investigative Agencies (Confidentiality of Investigatitive Files)

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.

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.

James v. Division of Consolidated Services

Va FOIA excludes evidence related to a criminal investigation unless needed for criminal defense.

Attorney General's Opinion 1984-85 #424

Reports filed in confidence with state or local police are exempt.


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