Opinion No. (2003)

BILL LOCKYER Attorney General THOMAS S. LAZAR Deputy Attorney General THE HONORABLE WARREN E. RUPF, SHERIFF, COUNTY OF CONTRA COSTA, has requested an opinion on the following question: Does a sheriff have discretion to furnish copies of photographs of arrested persons, commonly known as "mug shots," in response to a request from a member of the general public, including the news media? CONCLUSION A sheriff has discretion to furnish copies of photographs of arrested persons, commonly known as "mug shots," in response to a request from a member of the general public, including the news media; however, once a copy is furnished to one member of the general public, a copy must be made available to all who make a request. ANALYSIS We are asked whether a sheriff has discretion to furnish copies of photographs of arrested persons, commonly known as "mug shots," to members of the general public, including the news media. We conclude that a sheriff has such discretion. Ordinarily, a suspect arrested on a criminal charge may be given a citation and then released upon his or her written promise to appear in court 1 or, alternatively, may be transported to the police station or jail for…