A federal court in south Florida told a freelance journalist that
his request for the mug shot of a securities fraud mastermind will go
unfulfilled because the Freedom of Information Act does not apply to
booking photos of suspects in federal custody -- at least not if you
make the request in the Eleventh Circuit.
U.S. District Court Judge Paul C. Huck said the United States
Marshals Service correctly withheld the mug shot of Luis Giro from
freelance journalist Theodore Karantsalis' FOIA request because Giro's
right to personal privacy was more important than the public's interest
in seeing the photo.
The court rejected the Karantsalis' argument that Giro, who pleaded
guilty to securities fraud in 2009 after six years as a fugitive, had
no continuing privacy interest related to his crime.
"[A] booking photograph does more than suggest guilt; it raises a
unique privacy interest because it captures an embarrassing moment that
is not normally exposed to the public eye," Huck wrote.
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Location Oakland, Ca - Private Investigator
California Closing Criminal Records
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SB-731 Automatically Sealing of Conviction and Arrest Records A social
justice bill that implements a system to prospectively and retroactively
seal conv...