ACTIVE CRIMINAL INVESTIGATIVE RECORDS ARE EXEMPT FROM RELEASE

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August 23, 2017


The Morton County State’s Attorney and the Morton County Sheriff’s Office received requests for records relating to specific incidents occurring during protests in Morton county in 2016, including videos and photographs taken by law enforcement. The state’s attorney denied the requests on the ground the records constituted active criminal investigative information, which is exempt from release. The State’s Attorney explained that the state and the court system have not adjudicated matters involving those incidents yet because of the caseload.

The Morton County Sheriff’s Office and State’s Attorney did not violate the law when they declined to provide records, including photographs and video, relating to specific incidents occurring during 2016 protests in Morton county, because the criminal investigation of those incidents is ongoing. 2017-O-05.

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