4. Investigatory records.

In Cox Arizona Publications Inc. v. Collins, 175 Ariz. 11, 14, 852 P.2d 1194, 1998 (1993), the Arizona Supreme Court reversed the court of appeals’ ruling that the public is not entitled to examine police reports in “an active ongoing criminal prosecution.” The Arizona Supreme Court held that such a “blanket rule . . . contravenes the strong policy favoring open disclosure and access.” Thus, public officials bear the “burden of showing the probability that specific, material harm will result from disclosure” before it may withhold police records. Mitchell v. Superior Court, 142 Ariz. 332, 335, 690 P.2d 51, 54 (1984).

However, A.R.S. § 13-2813 prohibits disclosing “an indictment, information or complaint . . . before the accused person is in custody or has been accused.”