NM Inspection of Public Records Act (NM IPRA)
I hope someone who knows more than I will explain about FOIA laws. The records of LE can be requested and under law they must produce them since the government works for the People. So it isn’t LE making that call, it’s someone else — unless a judge intervenes. Just wanted to stand up for my NM LE teams who I’ve been very proud of in this situation.
@MrsEmmaPeel ^ has the right idea about the gen'l principle.
Not sure what specific records ^ refers to, but I suppose it's Sheriff's vids of officers & others at Hackman & Arakawa property outside the home?
Did a person or media outlet submit a NM IPRA request to Sheriff? Presumably. Did SF County Sheriff's release of those vids comply w NM applicable statutory requirements? Could he have refused?
Practically speaking, if sheriff had concerns about the request (whether required to provide vids or whether vids fell w'in an IPRA exception), imo likely that he communicated w someone in an appropriate position to advise.
An IPRA section lists
exceptions, IOW records which an agency is not required to provide on request:
"(D)
law enforcement records that reveal confidential sources, methods, information or individuals accused but not charged with a crime. Law enforcement records include evidence in any form
received or compiled in connection with any
criminal investigation or prosecution by a law enforcement or prosecuting agency, including inactive matters or closed investigations to the extent that they contain the information listed [above]; "** (bbm
ibm)
Based on ^, seems Sheriff
could have denied an IPRA request for those vids, on the basis there were connected to a criminal investigation, that is,
if it was still an active crim investigation. Sheriff's release of those vids suggests that his office is not now (no longer?) considering the vids to have been connected to a crim investigation.
IIRC atty's involved in
judicial proceedings re Hackman & Arakawa probate estate filed to seek ct order prohibiting Sheriff (& NM OfcMedInvestigator) from releasing certain reports & images re investigations. Wasn't that filed
after Sheriff released the vids?
Jmo. Welcoming other interp's or info here.
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* Genly on request, gov't entity is obligated to allow inspection and/or provide copy of that entities' records, but there are many exceptions & exemptions under fed & state laws.
BTW FOIA is fed. statute, applicable to fed agencies.
NM "Inspection of Public Records Act" applies to NM state agencies, counties
, municipalities, etc.
NMSA §§ 14-2-1 to 14-2-12
2024 New Mexico Statutes :: Chapter 14 - Records, Rules, Legal Notices, Oaths :: Article 2 - Inspection of Public Records :: Section 14-2-1 - Right to inspect public records; exceptions.
** A plain language excerpt from rcfp.org re NM IPRA:
"The New Mexico Supreme Court held that this IPRA exception does not create a “blanket exception from inspection for law enforcement records relating to an ongoing criminal investigation.”"
The Open Government Guide summarizes the legal landscape for open meeting and open records laws in New Mexico. Compare your state’s laws.
www.rcfp.org