Q: Question regarding FOIA/Privacy Act for those familiar
If I submit a FOIA request, I know one of the exemptions to disclosure is information about an active investigation. However, I see that they would put in the FOIA response that the information was redacted and the exemption it was redacted under, which would essentially show that there is an active investigation, just not the details. Additionally, if the only thing in the FOIA response classified as exempted material, would they simply deny the request stating the exemption, or would they say they have no record. Just wanted to confirm the above.
A: My experience has been that if you are being investigated for a crime, the investigative report and victim report is protected. However, I would have an attorney contact the Detective on the case and request whatever information is available. Why you are being investigated, what information they have on you, etc. Some detectives will speak to attorneys.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
