N. Police records.

The scope of the FOIA exemption for records of law enforcement agencies is discussed in the preceding section. In general, the exemption applies only to (1) "information compiled as part of an inquiry into specific suspected violations of the law" and (2) internal records which reveal "confidential investigative techniques and procedures." Hechler, supra at 802, Syllabus pts. 11, 12. Items such as mug shots, police blotters and 911 tapes normally would not meet these prerequisites for confidentiality, and thus should be subject to disclosure.

Records which are "generated pursuant to 'routine administration, surveillance or oversight'" are not exempt, and "[t]he fact that information . . . may form a basis for further investigation . . . or may alert the administrator to a possible violation of law . . . does not make that [information] an investigatory record created pursuant to an investigation." Id. at 813 (citation omitted) (emphasis in original).

Similarly, although the protection of confidential police techniques and procedures was identified in Hechler as one of the primary reasons for the law enforcement exemption, this protection does not extend to "ordinary manuals or procedures unless they include confidential details of law enforcement programs." Id. at 813.

Again, various statutes contain more specific provisions governing access to certain types of law enforcement records. Accident reports which are filed by law enforcement officers with the state Department of Motor Vehicles are available for public inspection at DMV, W. Va. Code § 17A-2-14; 51 Op. Att'y Gen. 556 (1965), and also should be available under the FOIA from the officers directly.

Active investigatory records are exempt from disclosure, W. Va. Code § 29B-1-4(4). However, since the primary purpose of the exemption is "'to prevent premature disclosure of investigatory materials which might be used in a law enforcement action,'" Hechler, supra at 812 (citation omitted)(emphasis added), the exemption should no longer apply once the "detection and investigation" has concluded. See Sattler v. Holliday, 173 W. Va. 471, 318 S.E.2d 50, 52 (1984) ("We have no evidence of what interests are intended to be protected by nondisclosure in this particular case, especially after the investigation has ceased and no charges have been filed. We have been admonished to make decisions in favor of disclosure."); Op. Att'y Gen., April 18, 1986, at 112 (information revealed in Legal Services Corporation audit is exempt from disclosure while in custody of prosecutors investigating possible criminal violations, but reverts to public status once investigation is concluded). Arrest records and compilations of criminal histories maintained by the Criminal Investigation Bureau of the state police are exempt from disclosure under the provisions of W. Va. Code § 15-2-24, which denies public access to "fingerprints, photographs, records or other information" maintained by the CIB.

There is no specific provision in the FOIA regarding access to such information as confessions, or the identities of victims and informants. The general test whether the information was "compiled as part of an inquiry into specific suspected violations of the law" or reveals "confidential investigative techniques and procedures" — will determine whether such records are open to public inspection. This test does not apply to information concerning alleged crimes reported to security or other officials at colleges and universities. See also Section IV.N., infra.

West Virginia State Code §15-12 entitled the Sex Offender Registration Act authorizes the electronic release of information regarding certain sex offenders required to register under West Virginia Law. A database registry of sex offenders is available via the West Virginia State Police website: http://www.wvstatepolice.com/sexoff/websearchform.cfm

Emergency medical services records of state or local government funded emergency services providers should be available to FOIA requesters subject to claims of exemption pursuant to exemption 2 of the FOIA, §29B-1-4(a)(2) relating to” information of a personal nature such as that kept in a personal, medical or similar file.” To the extent that such records reflect medical treatment or the medical condition of a person who has received emergency medical services, it is likely that courts would hold such information exempt under exemption 2. However, the fact of provision of emergency services to an individual as well as the time and circumstances arguably should be disclosed if requested under the FOIA.