Review of Recent Court Opinions On Law Enforcement Records

The past few months have seen the courts issue a number of opinions concerning OPRA and law enforcement records. In all of these cases, the courts have favored law enforcement interests in maintaining the confidentiality of records related to safety, security and the integrity of investigations.

The following are the most important recently-issued opinions.

North Jersey Media v. Lyndhurst, in which the Appellate Division held that virtually every record connected with a criminal investigation is confidential, is the most significant law enforcement-related opinion issued under OPRA. The Supreme Court has been asked to review the ruling, but has not yet said whether it will take the case.

-In Gilleran v. Tp. of Bloomfield, the Appellate Division recognized the critical law enforcement interest in protecting the confidentiality of a building’s surveillance camera recordings. Trial courts have relied on the Gilleran opinion to reject efforts to disclose such recordings and other security-related information.

-In NJ 2d Amendment Soc. v. State Police, the Appellate Division upheld the validity of a regulation adopted by the Department of Law and Public Safety which exempts from disclosure under OPRA any information that may reveal the duty assignment of a law enforcement officer.

-Trial judges have applied OPRA’s security exemption to records of school security drills and also to information about the travel expenses incurred by the State Police unit that protects the Governor.

 

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