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Law Enforcement Public Access Laws

Best Best & Krieger LLP

California Supreme Court Denies Petition for Review in Police Drone Footage Case

Police Drone Footage Only Exempt From Disclosure - In Some Circumstances The California Supreme Court recently denied the City of Chula Vista’s Petition for Review in Castañares v. Superior Court (Dec. 2023) 98 Cal.App.5th...more

Marshall Dennehey

County Prosecutors Association of New Jersey Not a Public Entity and Not Subject to the Open Public Records Act

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The plaintiff, the American Civil Liberties Union of New Jersey (ACLU), served the County Prosecutors Association of New Jersey (CPANJ) with a request to produce documents pursuant to the Open Public Records Act (OPRA). The...more

Franczek P.C.

Illinois Appellate Court Issues New FOIA-Related Ruling Regarding Unduly Burdensome Exemption

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The Illinois Appellate Court recently issued a new decision regarding the FOIA. In Kraft v. Chicago Police Department, the Court ruled in favor of the police department, finding it properly exempted records as unduly...more

Franczek P.C.

Illinois Supreme Court Issues Decision Upholding Private and Personal Redactions Under FOIA

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Recently, the Illinois Supreme Court issued a decision regarding the FOIA, upholding a public body’s redaction of traffic accident reports pursuant to Sections 7(1)(b) and 7(1)(c) of the FOIA....more

Freeman Law

The Freedom of Information Act

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Originally enacted on July 4, 1966, the Freedom of Information Act established a statutory right of public access to Executive Branch information held by the federal government. The FOIA provides that any person has a right,...more

Best Best & Krieger LLP

SB 16 Compliance: Expanded Public Access to Law Enforcement Personnel Records for 2022 and Beyond

BB&K to Host Webinar Discussing SB 16 and Agency Duties to Produce Police Records Under Public Records Act - New police records rules mandating additional disclosures of personnel records will go into effect next year with...more

Bricker Graydon LLP

Public records for private police in Ohio: A refresher

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On May 21, 2015, the Ohio Supreme Court ruled in State ex rel. Schiffbauer v. Banaszak that police departments at private universities are “public offices” subject to Ohio’s public records law. This law requires such police...more

Franczek P.C.

Illinois Supreme Court Agrees with City of Chicago regarding Destruction of Police Officer Misconduct Records

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In a decision applauded by citizens of the City of Chicago and its leadership, the Illinois Supreme Court found that a provision in the collective bargaining agreement between the Fraternal Order of Police, Chicago Lodge No....more

Best Best & Krieger LLP

California Supreme Court: Government Cannot Charge Fee to Redact Police Body Camera Footage

California Public Records Act Provision Permitting Public Agencies to Charge for “Extraction” Analyzed - Government agencies are prohibited from charging a fee to redact police body camera footage in response to a...more

Best Best & Krieger LLP

Record Disclosure Obligations for California Police

BB&K's Christine Wood Gives Updates on AB 748 and SB 1421 in PublicCEO - Now, more than ever, Californians have greater access to police personnel records, body and dashboard camera footage and other recordings acquired by...more

Best Best & Krieger LLP

LAPD, ACLU Reach Settlement in Public Records Act Lawsuit

LAPD Agrees to Requirements Significantly Beyond the CPRA - The Los Angeles Police Department and the American Civil Liberties Union settled a lawsuit brought last week that alleged widespread and systemic violations of...more

Franczek P.C.

OK to Deny FOIA Request for Nonexistent Records

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In a recent decision, the Illinois Appellate Court held that the nonexistence of requested documents is an affirmative defense to a complaint grounded in the Freedom of Information Act. The court also clarified that public...more

Franczek P.C.

February FOIA Roundup

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February was a busy month for decisions about the Illinois Freedom of Information Act (“FOIA” or the “Act”). ...more

Best Best & Krieger LLP

California Attorney General’s Office Clarifies its Information Bulletin Regarding Public Access to Police Records - Information...

Senate Bill 1421 affords the public access to police personnel records related to reports, investigations and findings, via the California Public Records Act process (not the familiar Pitchess process)....more

Best Best & Krieger LLP

AB 748: More Public Access To Body Camera Footage Under PRA - Amendment To California Law Gives Public Agencies More...

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The California public will have a greater right to access police body camera footage, and any other audio or video recording acquired by any police agency or state prosecution office, under the Public Records Act with the...more

Best Best & Krieger LLP

Police Arrest Videos Not Considered Confidential

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The California Supreme Court recently denied considering an appellate court ruling from a case in Eureka that police arrest videos cannot be considered confidential officer personnel records and therefore kept from public...more

Robinson+Cole Data Privacy + Security Insider

Who Owns a Noise – Should Data Collected in a Public Space by a Private Company be Generally Accessible to the Public?

While law enforcement have access to new technology owned by third parties that assist them with protecting the public, questions arise as to who should own the data gathered by that technology. Sometimes, it is the...more

Hinshaw & Culbertson LLP

Informing Illinois Newsletter - August 2016

Is Your Police Department Ready for Body Cameras? - Police use of force has been heavily scrutinized for more than a year. In May 2015, the U.S. Department of Justice announced that it was providing $20 million in grants...more

Best Best & Krieger LLP

Body-Worn Cameras, the Prosecutor, and the Question of Public Access

BB&K attorney Gary Schons examines police body cameras from a variety of angles for the California District Attorneys Association’s Prosecutor’s Brief. The use of body-worn cameras by law enforcement officials and what...more

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