4. Investigatory records.

Records of investigations conducted by the Attorney General, a State's Attorney, a city or county attorney, a police department, or a sheriff; an investigatory file compiled for any other law enforcement, judicial, correctional, or prosecution purpose; or records that contain intelligence information or security procedures of the Attorney General, a State's Attorney, city or county attorney, a police department, a local correctional facility, or a sheriff are exempted from disclosure. § 10-618(f)(1). Blythe v. State, 161 Md. App. 492, 525, 870 A.2d 1246, 1264, cert. granted, 388 Md. 97, 879 A.2d 42 (2005), Prince George's County v. Washington Post Co., 149 Md. App. 289, 324, 815 A.2d 859, 880 (2003); see also PIA Manual, at 42.

The documents of an investigation by a police department, sheriff's office or any of the other law enforcement agencies specifically listed in § 10-618(f) are presumptively compiled for law enforcement or prosecution purposes. Office of the State Prosecutor v. Judicial Watch Inc., 356 Md. 118, 737 A.2d 592 (1999); Superintendent, Maryland State Police v. Henschen, 279 Md. 468, 475, 369 A.2d 558 (1977); Blythe v. State, 161 Md. App. 492, 525-26, n.6, 870 A.2d 1246, cert. granted, 388 Md. 97, 879 /a.2d 42 (2005). For example, the State's Attorney is neither required nor authorized to disclose a police investigative report or any part of it that was used for grand jury proceedings. 64 Op. Att'y Gen. 236 (1979).

Moreover, where the agency's files are prepared in anticipation of government litigation and adjudicative proceedings are pending or contemplated, such files are compiled for law enforcement purposes. Equitable Trust Co. v. Maryland Comm'n on Human Relations, 42 Md. App. 53, 75, 399 A.2d 908 (1979), rev'd on other grounds, 287 Md. 80, 411 A.2d 86 (1980); see also 82 Op. Att'y Gen. 49, 50-51 (1997) (finding MVA records compiled during course of investigation into driver's fitness to be "investigatory files," but also finding such files are generally subject to disclosure to the driver).

If the agency is not a law enforcement agency specifically listed in the PIA, then it must show that its records were compiled for law enforcement or prosecution purposes in order for the exemption to apply. Office of the State Prosecutor, 356 Md. at 140, 737 A.2d at 604 (distinguishing Fioretti, 351 Md. at 78-79, 716 A.2d at 264-65 (Board of Dental Examiners was not among specifically enumerated entities and was required, therefore, to prove both that it was conducting an investigation and that production of individual records sought would prejudice that investigation)); see also Equitable Trust Co., 42 Md. App. 53, 75. Thus, for example, because the Human Relations Commission is not a named law enforcement agency, it is required to make such a showing. Id.

An agency might have records obtained from investigatory files of another agency. In these circumstances, the agency must withhold investigatory material if the agency that provided the information would itself deny access under the investigatory records exemption. PIA Manual, at 43 (citing 89 Opinions of the Attorney General 31, 44 (2004)).

A person whose complaint of police misconduct gives rise to an internal police investigation of the incident, is not the subject of the internal investigation and is not, therefore, a person in interest. Mayor and City Council of Baltimore, v. Maryland Comm. Against the Gun Ban, 329 Md. 78, 617 A.2d 1040 (1993); see also Briscoe v. Mayor of Baltimore, 100 Md. App. 124, 640 A.2d 226 (1994) (complaining witness was not a person in interest, so denial of inspection of Internal Investigation Division file was justified on public interest grounds). Thus, if the custodian believes that disclosure of records pertaining to the investigation is not in the public interest, the PIA does not require disclosure to the complaining party. Id.