The North Dakota Attorney General announced on March 23 that the Grand Forks Police Department did not violate state law when it denied a request for records, citing active criminal investigative information.
This opinion addresses whether the police department’s initial denial of access to certain records was lawful under North Dakota Century Code section 44-04-18. The issue is significant as it relates to public access to government records and the balance with ongoing criminal investigations.
According to the Attorney General’s conclusion, “The Grand Forks Police Department did not violate N.D.C.C. § 44-04-18 by denying the requested records because the records constituted active criminal investigative information under N.D.C.C. § 44-04-18.7.” This means that while there are laws promoting transparency, exceptions exist for materials related to open investigations.
The formal opinion, labeled as 2026-O-08, clarifies how agencies should handle similar requests in the future when they involve sensitive or ongoing law enforcement matters.
Observers may look for further guidance from this opinion regarding public record requests and police transparency as future cases arise.
