2.15(c)
FOIAArrest-report details may be withheld if disclosure would interfere with law enforcement, endanger safety, or compromise facility security
Arrest-report details may be withheld if disclosure would interfere with law enforcement, endanger safety, or compromise facility security
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0 upheld (no violation found) · 1 rejected (violation found), out of 1 documents.
Not legal advice, and not a per-exemption ruling — this reflects each document's overall disposition. See the FAQ disclaimer.
How the Public Access Counselor has treated 2.15(c)
Section 2.15(c) of FOIA addresses withholding of certain arrest report information where disclosure would interfere with law enforcement proceedings, endanger safety, or compromise facility security. A public body invoking the provision must show that the records fall within its scope and that disclosure would cause the claimed harm, rather than relying on a general assertion that a matter is pending.
In the decision reviewed, the Public Access Bureau found a violation when the Winnebago County Sheriff's Office denied a reporter's request for dashcam footage and police records concerning a fatal crash. The office cited a pending post-sentencing motion after conviction had been entered. The PAC concluded the office had not demonstrated that disclosure would interfere with a pending law enforcement proceeding and that the requested records were not within the section 2.15(c) arrest-report information at issue.
At a glance: 1 document(0 binding opinions, 1 determination letter).
Recurring issues
- Whether a post-sentencing motion after conviction keeps a criminal matter pending for purposes of withholding records. (Dash-cam video and police reports of a fatal pursuit)
- Whether dashcam footage and police records about a fatal crash fall within the arrest-report information covered by section 2.15(c). (Dash-cam video and police reports of a fatal pursuit)
- Whether a general claim of a pending case is enough without showing how disclosure would interfere with a law enforcement proceeding. (Dash-cam video and police reports of a fatal pursuit)
Practical points
- A public body relying on section 2.15(c) should explain with specific facts how disclosure would interfere with a proceeding.
- A denial should address whether the particular footage and reports requested are within the arrest-report information covered by section 2.15(c).
Summary drafted from the linked decisions and checked against them; read the decisions themselves before relying on it. Not legal advice.