The North Dakota Attorney General announced on March 23 that the Grand Forks Police Department did not violate state law when it denied a records request because the documents were part of an active criminal investigation.
This decision clarifies how law enforcement agencies in North Dakota may handle requests for public records related to ongoing investigations. The opinion addresses whether the police department’s initial denial was consistent with state open records laws.
According to the opinion, the Grand Forks Police Department was justified in withholding the requested information under North Dakota Century Code section 44-04-18.7, which allows certain exemptions for active criminal investigative information. The conclusion stated: “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.”
The official document, listed as opinion 2026-O-08, further outlines that law enforcement agencies can use this exemption to protect sensitive details during ongoing cases.
Observers note that this interpretation reinforces current practices regarding transparency and confidentiality in police operations while investigations are underway.
