Drumm v. Freedom of Information Commission

Summary

The court held that the law-enforcement-records exemption requires the agency to show that a future law-enforcement action is at least reasonably possible and that the requested information is reasonably possible to be used in support of an arrest or prosecution, in addition to showing prejudice from disclosure. The court rejected both a merely theoretical possibility standard and a categorical rule based solely on an open investigation, an identified suspect, and the absence of insurmountable obstacles. Because the commission applied an unclear or overly stringent standard and made an unsupported finding concerning the existence of a suspect, the court reversed and remanded for further proceedings.