4) Confidential law enforcement records

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Law enforcement records that reveal confidential sources, methods, information or individuals accused but not charged with a crime are exempt from IPRA disclosure. Law enforcement records include evidence in any form received or compiled in connection with any criminal investigation or prosecution by any law enforcement or prosecuting agency, including inactive matters or closed investigations to the extent that they contain the information listed above. NMSA 1978 § 14-2-1-A (4)

 

This exception applies only to records that are (a) created or used by a law enforcement agency in connection with a criminal investigation or prosecution and (b) reveal confidential sources, methods, information or individuals accused but not charged with a crime (emphasis added).

 

The name of a suspect is no longer be covered by this exception if the person is charged with a crime. Further, this exception does not protect information subject to disclosure under the Arrest Record Information Act (NMSA 1978 § 29-10-1 to -8). This includes records identifying a person who has been arrested. Also not covered are police blotters and original records of entry that the Arrest Record Information Act makes public and are permanent, chronological records of arrests, detentions and other events reported to and kept by police departments and other law enforcement agencies. AG IPRA Guide Commentary, p. 11