First, mugshots may capture information about a criminal suspect at the time of the commission of a crime. All of these are important issues that may come up in a criminal trial, and which are captured in a booking photo.
Second, mugshots may be used to help witnesses identify criminal defendants. Even if there is other evidence connecting a criminal suspect to the crime for which he or she has been arrested, there is always the possibility that a defendant has committed other crimes. Booking photos are entered into the criminal justice system, where they become part of a database of mugshots and booking photos that law enforcement officials can use to access other crimes. They are also often used to show witnesses and victims to see if they can identify a defendant as the perpetrator in other crimes.
Third, community members may want to see mugshots as a way to look out for criminals in their neighborhoods and communities. While mugshots are taken as part of the booking process, the reality is that many criminal defendants are released on bond before their trials. They may return to their neighborhoods and communities. Therefore, some people may find it helpful to look at mugshots of people arrested in their community to keep an eye on people when they are released.
While some crimes may simply be personally embarrassing and not really indicate a potential risk to the community, other crimes, such as assaults or crimes against children, may indicate a potential risk to community members.
Knowing who to avoid can help people mitigate that risk. Arkansas AR H. California CA A. Requires a police department or sheriff's office that shares, on social media, a booking photo of an individual arrested for the suspected commission of any crime to remove the information from its social media page, upon request, unless the same specified circumstances exist.
Delaware DE H. Florida FL H. Illinois IL H. North Carolina NC H. North Dakota ND H. New Hampshire NH H. Oregon OR H. Pennsylvania PA H. Utah UT H. At least six states considered legislation in Georgia GA H.
Mississippi MS S. New York NY A. At least four states considered legislation in Legislation was enacted in Illinois, New York and Utah in Illinois H. Montana D Status: Failed - Adjourned Makes mug shots confidential until conviction or emergency, relates to crimes. Provides that an unwarranted invasion of personal privacy includes disclosure of law enforcement booking information about an individual, including booking photographs, unless public release of such information will serve a specific law enforcement purpose and disclosure is not precluded by any state or federal laws.
New York S. Utah S. At least seven states considered legislation in Legislation was enacted in Illinois in Delaware H. Nothing in this section applies to the release of information regarding children facing charges as an adult in Superior Court. Georgia H. Relates to general provisions regarding law enforcement officers and agencies, so as to revise the requirements which must be met before an arresting law enforcement agency may provide or make available a copy of a booking photograph to a person; provides for related matters; repeals conflicting laws.
Illinois S. New Jersey A. New York A. South Carolina H. Washington Status: Failed--adjourned. Florida H. Chapter Relates to expunction of criminal history records; provides that any person or entity engaged in the business of publishing or otherwise disseminating arrest booking photographs of persons who have previously been arrested through a publicly accessible print or electronic medium may not solicit or accept a fee or other form of payment to remove, correct, or modify such photographs; provides for a civil action and damages for violations.
Montana H. Mississippi H. Exempts booking information from the public records act if the person being booked is held in custody solely on the basis of the person's mental health status; defines the term booking information for purposes of the exemption. Ohio H. Relates to the destruction of arrest and booking records; provides that a person or entity who publishes on the person or entity's website the arrest and booking records of a person whose charges have been discharged or dismissed, or who is found not guilty of a charge, without fee or compensation, shall remove the arrest and booking records within thirty days of a written request; provides a penalty for a violation.
South Dakota S. Provides for the release of certain booking photographs. Law enforcement agencies are not required to provide or reproduce a booking photograph older than six months from the date of request.
An agency requested to provide or reproduce a criminal booking photograph is entitled to recover costs of retrieval or reproduction. Terms and Conditions. Legislation was enacted in Florida, Kentucky and South Carolina in Arizona H. Relates to unlawful use; relates to booking photos; relates to information. Does not address commercial mug shot websites. See Cal. In California, law enforcement agencies routinely make mug shots available to the press.
Indeed, in People v. McCloud , Cal. There are no specific provisions or reported court decisions on these records. Therefore, they should be treated as any other record and are presumed open unless a specific exemption applies. Mug shots are subject to public inspection unless they are exempt criminal intelligence information or are otherwise exempt. The Act permits the release of booking photographs—mug shots—only in accordance with certain statutory procedures designed to prohibit their use on websites that permit removal or deletion in return for payment of a fee.
See O. Police Department mug shots of arrests that have been expunged by order of the Attorney General are protected from disclosure under Haw. However, mug shots may not be withheld due to the possibility that an expungement order may be obtained in the future. If the mug shot is disclosable, state identification numbers and dates of arrest contained are to be disclosed as well. Mug shots are routinely made available to the public and are often available on law enforcement websites.
Generally open. There is no statutory or case law addressing this issue. Some police agencies have invoked the exception for law enforcement investigatory records, which under Ind. Mug shots are not necessarily subject to disclosure because they are generally considered to be criminal investigation records that a law enforcement agency may choose not to disclose pursuant to K.
In , the General Assembly enacted a specific provision in the Open Records Act to prohibit use of mug shots for the commercial purpose of placing the mug shot on an internet website and charging money to remove it. See Ky. Photographs of convicted sex offenders are not available without special authorization from the Parole Board. One opinion of the Attorney General further suggests that mugshots in general are also not available for inmates or ex-offenders without special authorization from the Department of Corrections.
However, in Orleans Parish the City of New Orleans , mugshots are posted on-line while an arrestee is in custody.
Mug shots are generally made available. In , a Maryland attorney general opinion concluded that mug shots are presumptively open under the public information act. In the opinion, the attorney general addresses the question of whether mug shots fall under the definition of Maryland Criminal History Record Information — and therefore not subject to release.
See 92 Op. The AG reasoned that the mug shot is more analogous to an investigatory record than a criminal history record because it is used during an investigation and kept for possible future investigations. Mug shots taken prior to the initiation of criminal proceedings are public records and do not fall under the CORI exemption from public records.
SPR opinion letter, Aug. Disclosure of these photographs cannot be withheld on the basis of the privacy exemption. Allegheny Cty. Sheriff , Mich. Booking photographs are not entitled to exemption from disclosure under FOIA where individuals involved have been arrested, charged in open court and awaiting trial for bank robbery; in such cases, the booking photograph reveals no information that would constitute an unwarranted invasion of privacy.
Detroit Free Press, Inc. Oakland Cty. The photograph of a convicted individual contained in the file arrest must, upon request, be disclosed. If the release of a photograph would constitute an unwarranted invasion of privacy, a public body may refuse to permit a person access to the photograph. While access may be delayed to assist in an investigation, booking photographs are considered public data under the Act. Generally, mug shots are regularly disclosed.
However a minority of county prosecutors take the position that mug shots are confidential criminal justice information.
Executive Order 69 Whitman provides that fingerprint cards, plates and photographs and similar criminal investigation records that are required to be made, maintained or kept by any State or local government agency are exempt from disclosure under OPRA.
See Comm. Westchester Cty. However, in Prall v. Dep't of Corr.
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