Can a Delaware resident use FOIA to get police incident reports and service-call summaries about their own home and neighborhood?
Plain-English summary
A Delaware homeowner asked the Delaware State Police for two-and-a-half years of incident reports, service-call summaries, and "related records" connected to her home address and certain other complaints in her residential community. The State Police denied the request, citing FOIA's investigatory files exemption (29 Del. C. § 10002(o)(3)), the criminal records exemption (§ 10002(o)(4)), and the catch-all exemption for records made confidential by other statutes (§ 10002(o)(6), pulling in 11 Del. C. chapters 85 and 86). The State Police told the requester she would need a Delaware-issued subpoena to obtain these records.
The requester petitioned, arguing that she made the underlying calls, the records concern her own property, and a blanket denial reflected an unfair pattern. The Delaware AG disagreed and upheld the denial.
The AG's holding is straightforward: any record that documents a law-enforcement encounter "precipitating a police investigation" falls within § 10002(o)(3). The fact that the requester made the calls or that the events occurred at her property is irrelevant. The AG cited two prior opinions reaching the same result, including Del. Op. Att'y Gen. 25-IB14 (Feb. 28, 2025) on photographs and video footage, and 24-IB11 (Feb. 23, 2024) on calls-for-service records. The AG also flagged a foundational point: FOIA does not give individuals special rights to access records about themselves; it gives every Delaware citizen the same right to access public records, period. If a record is exempt, it's exempt for everyone, including the person it concerns.
What this means for you
If you live in Delaware and want police records about your own home
You probably won't get them through a FOIA request. Service-call records and incident reports from your address are exempt as investigatory files even if you placed the call. Your alternatives:
- Subpoena. As State Police told the requester, a Delaware-issued subpoena (typically obtained as part of civil litigation) can pierce the exemption.
- CDPP/discovery. If you're a victim or witness in a pending case, talk to the prosecutor's office about access through the criminal proceeding.
- Insurance/civil claim. Insurance carriers often have separate procedures to obtain incident reports for claim adjudication.
- Police report request form. Many DSP troops have a non-FOIA process to release final incident reports to involved parties (victim, complainant, insured). Ask the troop's records clerk; this is separate from FOIA.
If you're a Delaware homeowner dealing with a problem neighbor or HOA
Don't expect to use FOIA to build a paper trail of police responses. The exemption is broad. If you need to document calls for a court filing, the more reliable path is your own recordkeeping (call timestamps, dispatcher reference numbers) plus subpoenas issued through your attorney once litigation begins.
If you're a Delaware police records officer
This opinion gives clear cover for denying neighborhood service-call requests under § 10002(o)(3). Two AG opinions in 18 months reach the same result. Your denial letter should: (1) cite § 10002(o)(3); (2) explain that the records document a law-enforcement encounter precipitating an investigation; (3) note that the requester's status as the caller or property owner doesn't change the analysis; (4) flag the subpoena alternative if appropriate.
If you're a journalist asking about specific neighborhoods or police encounters
Service-call records are mostly off the table under DE FOIA. Better routes: (a) court filings once an arrest is made, (b) PIO statements, (c) requests for aggregated data (calls per zone per month, no addresses), which the AG has not explicitly addressed but which may not trigger the investigatory-files exemption.
Common questions
Q: Why are police service-call records exempt under FOIA?
A: 29 Del. C. § 10002(o)(3) exempts "investigatory files compiled for civil or criminal law-enforcement purposes." The Delaware AG has consistently read this to cover any record documenting a call or encounter that triggered a police investigation, including the call records themselves, service-call summaries, dispatch notes, and related documents.
Q: Doesn't it matter that I made the call myself?
A: No. The AG's reasoning: FOIA gives every Delaware citizen equal access to public records; it doesn't create a special right to records about yourself. If the records are exempt under § 10002(o)(3), they're exempt for everyone equally.
Q: How do I get my own police report then?
A: Through non-FOIA channels. Most DSP troops will release a final incident report to the named victim, complainant, or insured (often through a separate request form, sometimes for a small fee). For service-call summaries, dispatch tapes, or unredacted notes, you generally need a subpoena from a civil or criminal case.
Q: What about Chapter 85 and Chapter 86 of Title 11?
A: Those statutes govern criminal history records and the Delaware Criminal Justice Information System. They impose additional confidentiality on rap-sheet-type data and are imported into FOIA via the catch-all exemption in § 10002(o)(6).
Q: Do public bodies have to use a sworn affidavit when denying these requests?
A: Often, but not always. Under Judicial Watch v. University of Delaware, sworn evidence is sometimes required to meet the burden of proof. For categorical exemptions like § 10002(o)(3) applied on the face of the request, the AG accepts a written response without an affidavit. More fact-intensive denials need sworn statements.
Q: Can I sue if I'm denied?
A: Yes. Under 29 Del. C. § 10005(b), a citizen denied access can sue in Superior Court within 60 days of the denial. The court reviews de novo whether the exemption applies.
Background and statutory framework
Delaware FOIA's investigatory files exemption is one of the broadest in the statute. The exemption is justified by the need to preserve police-investigation integrity, protect informants and witnesses, and prevent disclosure of techniques. The AG has applied it categorically to (a) calls-for-service records, (b) body-camera and dash-cam footage related to encounters, (c) incident reports for active or recently-closed investigations, (d) photos and video footage taken during a response.
The petitioner here was attempting a research-style request, multiple addresses, multiple complaint numbers, two-and-a-half years of records: that would have given a comprehensive view of police activity in a residential community. That kind of broad, neighborhood-level pattern request is exactly what the exemption is designed to block.
Citations and references
Statutes:
- 29 Del. C. § 10002(o)(3) (investigatory files)
- 29 Del. C. § 10002(o)(4) (criminal records)
- 11 Del. C. ch. 85 (criminal records)
- 11 Del. C. ch. 86 (Delaware Criminal Justice Information System)
Cases and prior opinions:
- Judicial Watch, Inc. v. Univ. of Del., 267 A.3d 996 (Del. 2021)
- Del. Op. Att'y Gen. 25-IB14 (Feb. 28, 2025), photos and video footage
- Del. Op. Att'y Gen. 24-IB11 (Feb. 23, 2024), calls-for-service records
- Del. Op. Att'y Gen. 18-IB13 (Mar. 6, 2018), FOIA does not address records about the requester
Source
- Landing page: https://attorneygeneral.delaware.gov/2025/07/31/25-ib38-7-31-25-foia-opinion-letter-to-stephanie-stranick-re-delaware-state-police-department-of-safety-and-homeland-security/
- Original PDF: https://attorneygeneral.delaware.gov/wp-content/uploads/sites/50/2025/08/Attorney-Genreral-Opinion-No.-25-IB38.pdf
Original opinion text
KATHLEEN JENNINGS
ATTORNEY GENERAL
DEPARTMENT OF JUSTICE
820 NORTH FRENCH STREET
WILMINGTON, DELAWARE 19801
CIVIL DIVISION (302) 577-8400
CRIMINAL DIVISION (302) 577-8500
DIVISION CIVIL RIGHTS & PUBLIC TRUST (302) 577-5400
FAMILY DIVISION (302) 577-8400
FRAUD DIVISION (302) 577-8600
FAX (302) 577-2610
OFFICE OF THE ATTORNEY GENERAL OF THE STATE OF DELAWARE
Attorney General Opinion No. 25-IB38
July 31, 2025
VIA EMAIL
Stephanie Stranick
[email protected]
RE: FOIA Petition Regarding the Delaware State Police, Department of Safety and Homeland Security
Dear Ms. Stranick:
We write in response to your correspondence alleging that the Delaware State Police, Department of Safety and Homeland Security ("DSP") violated Delaware's Freedom of Information Act, 29 Del. C. §§ 10001-10008 ("FOIA"). We treat your correspondence as a Petition for a determination pursuant to 29 Del. C. § 10005 of whether a violation of FOIA has occurred or is about to occur. For the reasons set forth below, we determine that the DSP did not violate FOIA by denying access to the requested records.
BACKGROUND
On June 17, 2025, you submitted a FOIA request to the DSP for "police incident reports, service call summaries, and related records" from November 1, 2022 to the present pertaining to a certain property address. [1] You also sought two police complaints identified by number and other related public safety complaints within a certain residential home community.
The DSP denied this request, citing the exemptions for investigatory records for criminal law enforcement purposes under 29 Del. C. § 10002(o)(3), criminal records under 29 Del. C. § 10002(o)(4) and records exempt from disclosure by statute or common law under 29 Del. C. § 10002(o)(6), citing the right of privacy and Title 11, Chapters 85 and 86 of the Delaware Code. You replied to the DSP's response, challenging the denial as an improper use of the right of privacy and noting the requested records do not involve investigatory notes, sensitive personal information of third parties, or unredacted witness statements; rather, the records pertain to you and your community. You indicated you wished to appeal the decision. In response, the DSP gave you information to file a FOIA petition and stated that a Delaware issued subpoena would be required to obtain these records. You replied, reiterating your request and asserting you should not be required to obtain a subpoena in these circumstances. This Petition followed.
In the Petition, you assert that you should have access to these records, as they relate to police calls you personally made, and they pertain to safety concerns in your home and community. You also allege that this denial under FOIA reflects a pattern of nondisclosure, as the DSP refused another request when you tried to obtain police reports about similar incidents in 2023.
On July 11, 2025, the DSP, through its legal counsel, replied to the Petition ("Response"). The DSP argues that the investigatory files exemption and the common law right of privacy apply to these records on their face, as the records sought pertain to law enforcement incidents initiated by phone calls placed by you and others in the community. The DSP further contends that this request "specifies reports related to criminal incidents connected to the development, triggering the criminal and confidential record exceptions pursuant to § 10002(o)(4) and § 10002(o)(6) (11 Del. C. Chapters 85 and 86)." [2]
DISCUSSION
FOIA requires that citizens be provided reasonable access to and reasonable facilities for the copying of public records. [3] The public body has the burden of proof to justify its denial of access to records. [4] In certain circumstances, a sworn affidavit may be required to meet that burden. [5]
In its response to this request, the DSP invoked Section 10002(o)(3), which exempts "[i]nvestigatory files compiled for civil or criminal law-enforcement purposes including pending investigative files, pretrial and presentence investigations and child custody and adoption files where there is no criminal complaint at issue." The records you seek are related to your and others' phone calls to law enforcement regarding your home and community. We determine that the DSP's denial of access to these records under the investigatory files exemption is proper, as these records involve law enforcement encounters that precipitated a police investigation. [6] Even if you made the initiating police calls or the complaints relate to your property or community, this exemption in Section 10002(o)(3) applies; neither factor impacts this analysis under FOIA. [7]
CONCLUSION
For the foregoing reasons, we conclude that the DSP did not violate FOIA by denying access to the requested records.
Very truly yours,
Daniel Logan
Chief Deputy Attorney General
cc:
Joseph C. Handlon, Deputy Attorney General
Dorey L. Cole, Deputy Attorney General
[1] Petition.
[2] Response.
[3] 29 Del. C. § 10003(a).
[4] 29 Del. C. § 10005(c).
[5] Judicial Watch, Inc. v. Univ. of Del., 267 A.3d 996 (Del. 2021).
[6] Del. Op. Att'y Gen. 25-IB14, 2025 WL 818783, at 2 (Feb. 28, 2025) ("The DSP's denial of these photographs and video footage under the investigatory files exemption is proper, as these records involve a law enforcement encounter precipitating a police investigation."); Del. Op. Att'y Gen. 24-IB11, 2024 WL 1132324, at 2 (Feb. 23, 2024) ("This request seeks information regarding the date and type of calls for service to the DSP from a particular residence, which on its face, would initiate police investigation. Thus, the requested records are exempt from disclosure pursuant to 29 Del. C. § 10002(o)(3).").
[7] FOIA does not prescribe whether a person is entitled to records that pertain to that person; FOIA merely mandates what records must be made available to the public. See Del. Op. Att'y Gen. 18-IB13, 2018 WL 1405829, at *1 (Mar. 6, 2018) (finding that the propriety of a request seeking records about the requesting party is outside the scope of the FOIA statute, as "any such entitlement would have no basis in Delaware's FOIA and is therefore beyond the scope of our role in this context.").