Crime Scene Photos

[ItsOn]

What is the name of your state (only U.S. law)? Florida

What are my rights to view crime scene photos? Are they a matter of public record or do they have to be requested by an attorney?

 

[quincy]

You may make an FOIA request for the release of crime scene photos, but they will not necessarily be released. It really depends on a lot of different factors (including the age of the crime). You do not have an absolute right, in other words, to view them.

The FOIA contains nine exemptions that permit (but do not require) agencies to withhold information. These exemptions are national security, trade secrets, oil and gas well data, internal agency personnel rules and policy matters, information specifically exempt from disclosure by another law, federally regulated bank information, personal privacy, and law enforcement investigations.

The exemptions that would cover crime scene photos would most likely be personal privacy laws and law enforcement investigations. If the photos are from an ongoing investigation, they will probably not be released. In fact, some states do not allow their release at all, to protect the privacy (and often safety) of the victims and their families.

 

[CdwJava]

As a note of clarification, the FOIA covers FEDERAL information, not state or local information. While the standards and exemptions are generally the same, the FOIA may be more or less strict than state regulations in some areas.

ItsOn, what kind of photos are you looking for, and for what purpose? Are you a party to a criminal offense? Is this an academic exercise? Has the crime been adjudicated? if the photos are part of the court record, then chances are they will be public record and available through the court (provided the case is not too old).

Here is the link to the Florida Sunshine laws (open records):

http://myfloridalegal.com/sunshine

- Carl

 

[quincy]

Thanks for clarifying my post, Carl. The state FOI laws tend to follow the FOIA, although generally they are more restrictive when it comes to privacy issues.

If this is a Florida crime, Title X Chapter 119 of the Florida statutes cover public records and exemptions to their release.

Ongoing crime investigation photos are rarely released, and privacy laws often prevent their release entirely (even to the media) in many states. In Florida, currently, crime scene photos can be accessed through formal request, however two bills (HB 277 sponsored by Rep. Kelli Stargel, R-Lakeland, and SB 636 sponsored by Sen. Charlie Dean, R-Inverness) are looking to limit such access even further. Autopsy photos and photos of sexual assault victims already have prohibitions on release under Florida law.

There are legitimate concerns supporting each side of the issue - one side seeks to continue to allow the release of such photos as a way to monitor law enforcement actions (this side supported by the media on First Amendment grounds), and the other side seeks a limit or prohibition on their release to protect the privacy interests of the victim and the victim's family (this side tends to be supported by law enforcement and privacy-rights advocates).