GUIDELINES FOR THE PUBLIC RELEASE OF INFORMATION IN CONNECTION WITH AN INVESTIGATION, INCIDENT, OR CRIME
The release of intelligence and investigative information is governed by the limitations outlined in 16 M.R.S. § 804. Releasing such information requires discretion, as it is confidential if there is a reasonable possibility that public disclosure could interfere with an investigation, the trial process, or the personal privacy of victims, complainants, witnesses, or suspects. Other factors also prevent dissemination. When an investigation or prosecution is continuing, it is essential to consult with the prosecuting attorney before sharing any information.
Examples of information that MAY BE RELEASED in connection with an investigation, incident, or crime include:
- The fact of an investigation, the identity of the investigating agency, and the location.
- The type and nature of the incident or crime. The fact that a crime is believed to have occurred, and a brief description of the crime. (Include only what is known; do not speculate.)
- Names of all persons arrested, including age, gender, residence, employment, and marital status, except in the case of juveniles, when only the age, gender, and hometown of the juvenile may be released.
- A description of the crime(s) for which the person was arrested, including the date and location where the crime is alleged to have occurred, the date, time, and place of the arrest, and the circumstances of the arrest, such as, when applicable, physical force used during the arrest, any resistance, weapons involved, the arrested person’s refusal to submit, and pursuit by arresting officers. (Special care is needed when identifying the person arrested, the charge, and the person’s address or town of residence, as this could reveal the victim’s identity. In such cases, the agency may opt to provide only the defendant’s name and the charge.)
- The names of officers and departments involved, except for the names of any undercover officers.
- The scheduling of any judicial proceeding and the location of the defendant’s detention, along with a warning to the public about any dangers.
Examples of information that SHOULD NOT BE RELEASED in connection with an investigation, incident, or crime include:
- The identity of a suspect before a complaint or warrant is issued, or if there is no warrant or if the complaint or warrant is impounded, except when necessary to assist in apprehending the suspect or warn the public of dangers. (In some cases, this may mean identifying the suspect absolutely, warning that the suspect is likely armed, indicating where the suspect was last seen, and providing a description of the suspect.)
- The identities of complainants or witnesses.
- The identities of victims, especially in sensitive crimes such as domestic violence, sexual assault, or cases involving children, should be protected. This includes personal details like addresses and the locations of victims and their immediate families. However, there may be limited circumstances in which victims waive their privacy rights, or where the public interest in government operations outweighs individual privacy concerns.
- The identification of critically injured or deceased persons before notifying their next of kin.
Do not comment on the evidence!
- The results of any investigative procedures, including blood alcohol tests, polygraph tests, fingerprint comparisons, or lineups, or the suspect’s refusal or failure to submit to any of these procedures.
- Existence of any confession, admission, or statement by a defendant, or the defendant’s failure or unwillingness to make a statement.
- Statements regarding the character or reputation of the defendant.
- Specific cause of death, unless officially determined by the Office of the Chief Medical Examiner, and with permission of the OCME.
- The possibility of entering a guilty plea to the charged offense or a lesser charge.
- The defendant’s guilt, innocence, or other issues related to the case’s merits or the evidence.
16 M.R.S. §804.
Limitation on dissemination of intelligence and investigative record information. Except as provided in sections 805-A and 806, a record that is or contains intelligence and investigative record information is confidential and may not be disseminated by a Maine criminal justice agency to any person or public or private entity if there is a reasonable possibility that public release or inspection of the record would:
- Interfere with criminal law enforcement proceedings. Interfere with law enforcement proceedings relating to crimes;
- Result in dissemination of prejudicial information. Result in public dissemination of prejudicial information concerning an accused person or concerning the prosecution’s evidence that will interfere with the ability of a court to impanel an impartial jury;
- Constitute an invasion of privacy. Constitute an unwarranted invasion of personal privacy;
- Disclose confidential source. Disclose the identity of a confidential source;
- Disclose confidential information. Disclose confidential information furnished only by a confidential source;
- Disclose trade secrets or other confidential commercial or financial information. Disclose trade secrets or other confidential commercial or financial information designated as such by the owner or source of the information, by the Department of the Attorney General or by a district attorney’s office;
- Disclose investigative techniques or security plans. Disclose investigative techniques and procedures or security plans and procedures not known by the general public;
- Endanger law enforcement or others. Endanger the life or physical safety of any individual, including law enforcement personnel;
- Disclose statutorily designated confidential information. Disclose information designated confidential by statute;
- Interfere with civil proceedings. Interfere with proceedings relating to civil violations, civil enforcement proceedings and other civil proceedings conducted by the Department of the Attorney General or by a district attorney’s office;
- Disclose arbitration or mediation information. Disclose conduct of or statements made or documents submitted by any person in the course of any mediation or arbitration conducted under the auspices of the Department of the Attorney General; or
- Identify source of consumer or antitrust complaints. Identify the source of a complaint made to the Department of the Attorney General regarding a violation of consumer or antitrust laws.
Note: If any one of the harms listed above is implicated, the information is confidential and not subject to public disclosure.