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correct use of the FOIA?

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wishfulthinking

Junior Member
Arizona

I was arrested on a felony offense. While pending trial, a local investigative journalist in the small community I live in was given access to key evidence which would later be used against me in court. The journalist made copies of my personal writings and other materials which were being held by the police as evidence. Even before I had my pre-trial hearing, these documents had been presented to the public through the local media.

The journalist claimed to have utilized the freedom of information act in order to be given access to the evidence. I must emphasize that the items which they copied and reprinted in the media were key pieces of evidence and were later used as the centerpiece of the state's case against me.

My question: Was it legal for the police to literally open the evidence room and allow a journalist access to their choice of police evidence in a case which was pending trial?
 


CdwJava

Senior Member
It was almost certainly LEGAL for them to release that evidence though it was probably stupid as it may have jeopardized the case.

The police almost certainly had no obligation to release the info, but there was likely no law that prevented them from doing so.

- Carl
 

FlyingRon

Senior Member
I don't see anything in the Arizona statutes (or the Federal) for that matter that would give them any justification NOT to allow the inspection by the press making the FOIA inquiry. It's pretty much stacked the other way. The police could withhold information if it would harm their investigation, but otherwise (barring certain specific personal information) they have to make it available.
 

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