A recent judicial ruling from the 9th Circuit Court of Appeals has scrapped the practice of posting mug shots and personal information online in Maricopa County, as reported by 12News. Individuals not yet convicted of any crime have been safeguarded against what the court perceives as unnecessary public punishment and humiliation. The court's decision delineates that promoting transparency does not justify an unwarranted violation of privacy, particularly concerning the release of one's mug shot alongside detailed personal attributes such as height, weight, and hair color.
Prior to the ruling, it was a routine affair for mug shots to be broadcasted on the website, an action claimed by the county to be in the interest of transparency and public safety. Nevertheless, this practice often ensnared individuals on one of their worst days, leaving behind a digital shadow of disgrace, prone to be immortalized by third-party websites and social media, according to a statement obtained by AZ Family from Jared Keenan, legal director for the ACLU. Keenan highlights that a mere arrest, which only requires probable cause, should not equate to enduring infamy, especially when charges can be dismissed due to insufficient evidence.
The implications of the justices' decision are substantial: ensuring that an arrest sans conviction should not condemn one to a lifetime of setbacks such as job losses and social humiliation. These overarching consequences have been articulated by legal professionals like Jason Lamm, who told AZ Family that transparency must be weighed against privacy rights. The ruling, he stresses, underscores the distinction between an arrest and a conviction.
Championing the constitutional rights of those arrested, the court's position firmly holds that the disclosure of detailed personal information breaches due process, a stance that reverses a previous court's dismissal. The original plaintiff's ordeal began with an arrest on an assault charge in 2022, which was shrouded by allegations later dropped, yet his mug shot remained an ominous marker available for the world's perusal until the recent ruling, as 12News elucidates.
While the Maricopa County Sheriff's Office refrained from commenting on the ongoing litigation when reached out by AZ Family, the door remains ajar for an appeal that could potentially bring the issue before the Supreme Court. This development unfolds in the wake of similar privacy-protective legislation in California initiated at the start of 2024, which took a stand against agencies posting mug shots on social media.
