a. Rules for active investigations.

There is an exemption for “undisclosed investigations by law enforcement agencies of suspected criminal activity.” Ark. Code Ann. § 25-19-105(b)(6). A record must be investigative in nature to fall within the exemption. Arrest reports, jail logs, incident reports, and shift sheets do not qualify, Hengel v. City of Pine Bluff, 307 Ark. 457, 821 S.W.2d 761 (1991), nor do arrest disposition reports maintained by jails. Ark. Op. Att’y Gen. No. 92-207. Similarly, accident reports, traffic citations, dispatch logs, and records reflecting results of blood alcohol tests in DWI cases are not exempt. Ark. Op. Att’y Gen. Nos. 96-070, 87-319, 87-115, 86-020. By contrast, the Hengel case indicates that information such as an officer’s speculation about a suspect’s guilt, his or her views as to the credibility of witnesses, and statements by informants fall within the exemption. See also Ark. Op. Att’y Gen. No. 99-110 (exemption applies to opinions and impressions of investigating officer). The Supreme Court has suggested, without deciding, that records generated as a result of intelligence or surveillance activity unrelated to a specific crime fall within the exemption. Johninson v. Stodola, 316 Ark. 423, 872 S.W.2d 374 (1994) (police records of gang membership).

Furthermore, the exemption applies only to those agencies that “investigate suspected criminal activity under the state penal code and have enforcement powers.” Legislative Joint Auditing Committee v. Woosley, 291 Ark. 89, 722 S.W.2d 581 (1987) (holding exemption inapplicable to joint auditing committee of the legislature). See also Ark. Op. Att’y Gen. Nos. 87-135 (exemption includes coroners), 84-139 (exemption applies to Employment Security Division), 80-149 (exemption does not apply to Commission on Human Resources).