COURT DECISIONS AND ATTORNEY GENERAL OPINIONS
By Category - Law Enforcement Records
STATE EX REL. PULITZER MISSOURI NEWSPAPERS, INC. v. SEAY,
330 S.W.3d 823 (Mo. App. S.D. 2011)
City’s former police chief was given a suspended imposition of sentence and placed on probation. The court ordered the file to be a closed and confidential file. Thereafter, the judge denied a newspaper publisher’s request to review file. The court of appeals found the publisher was entitled to review the file because the former chief’s case was not finally terminated as of the date of the request. Section 610.105, RSMo, provides records of a suspended imposition of sentence are closed records when the case is finally terminated. On the date the publisher inquired about the file, the case had not been finally terminated because the former chief, who had received a suspended sentence, had not yet completed his probation.
GUYER v. CITY OF KIRKWOOD, 38 S.W.3d 412 (Mo. 2001)
A complaint alleging criminal misconduct by a police officer is an "incident report," and a report concerning investigation into the complaint is an "investigative report" under § 610.100, RSMo. Those records can be closed only on grounds specified in § 610.100, RSMo, for closing law enforcement records. They cannot be closed under § 610.021(3) or (13), RSMo, on grounds that they are personnel records or related to disciplining or firing of an employee.
STATE EX. REL. GOODMAN v. ST. LOUIS BOARD OF POLICE COMMISSIONERS,
181 S.W.3d 156 (Mo. App. E.D. 2005)
An "incident report" as defined in § 610.100, RSMo, only includes those elements described in its definition. Other information, such as phone numbers and addresses, is not subject to disclosure.
SCROGGINS v. MISSOURI DEPARTMENT OF SOCIAL SERVICES,
227 S.W.3d 498 (Mo. App. W.D. 2007)
The director of the Children’s Division has discretion to release records and reports that it generates, but investigative reports of law enforcement agencies provided to the Children’s Division are closed records under § 610.100.2, RSMo, until the law enforcement investigation becomes inactive.
NEWS-PRESS AND GAZETTE CO. v. CATHCART,
974 S.W.2d 576 (Mo. App. W.D. 1998)
A coroner is a public governmental body under § 610.010, RSMo. But an autopsy report used in an active investigation is an "investigative report" and is closed under § 610.100, RSMo.
OPINION NO. 37-2003
Section 211.321, RSMo, requires that, with certain exceptions, those portions of juvenile court records and law enforcement records identifying juveniles must be kept confidential. So if a law enforcement record involving a juvenile would otherwise be an open record, the law enforcement agency responding to a request for that record should redact identifying information about the juvenile and release the remainder of the record.
OPINION NO. 274-2000
The Sunshine Law requires disclosure of the race of the arrested person and the arrest location if that information is contained in the arrest report and the arrest report is not closed under the Sunshine Law.
OPINION NO. 106-96
Under §§ 79.200 and 610.120, RSMo, a mayor may review an appointed city prosecutor’s past prosecution record because the mayor is from a "law enforcement agency" and the review is related to "criminal justice employment."
OPINION NO. 158-95
Under §§ 610.105 and 610.120, RSMo, a city auditor does not have authority to inspect municipal court records of dismissed or nolle prossed cases. Those records may only be inspected by the entities listed in § 610.120, RSMo.
OPINION NO. 200-94
Section 610.100, RSMo, does not contain any provisions expressly referring to Missouri Supreme Court Rules 25.01 et seq., or purporting to amend or annul these rules. Therefore, Rules 25.01 et seq., govern the disclosure of certain information pertaining to a criminal case upon the filing of the indictment or information. To the extent those rules mandate the timing and substance of disclosure of certain information contained within a police investigative report, the Supreme Court Rules of Criminal Procedure must govern. However, upon the completion of the criminal legal action, the status of the police investigative report must be reevaluated.
OPINION NO. 80-93
Records relating to permits to acquire a concealable firearm retained by a county sheriff as required by § 571.090.5, RSMo, are public records open to inspection.
Note: Missouri’s concealed-carry law contains its own confidentiality provisions (Section 571.101.9, RSMo).