Harris v. Denver Post Corp.

Summary

The Supreme Court of Colorado held that recordings seized pursuant to a valid search warrant and used in a criminal investigation are criminal justice records under the Colorado Criminal Justice Records Act, rather than public records governed by the Colorado Open Records Act. The court concluded that disclosure was subject to the sheriff's sound discretion and a balancing of relevant public and private interests, absent a statute or court order prohibiting inspection. The court remanded for the sheriff to determine whether to permit the Denver Post's inspection request.

Holdings

1. The recordings are not public records subject to CORA because CORA expressly excludes criminal justice records from its definition of public records.
2. Recordings lawfully seized pursuant to a search warrant and used by a criminal justice agency to investigate related crimes are criminal justice records under the CCJRA, even though they were originally private property.
3. Classifying the recordings as criminal justice records does not require their disclosure; absent a statute or court order prohibiting inspection, the Sheriff has discretion under the CCJRA to allow or deny inspection.
4. Before deciding whether to permit inspection of seized private records, the custodian must notify the owner and balance the pertinent public and private interests; the decision is reviewable for abuse of discretion.

Questions Presented

1. Whether privately owned personal property seized from a private home pursuant to a search warrant is a public record subject to the Colorado Open Records Act.
2. Whether recordings seized from private homes pursuant to search warrants for purposes of a criminal investigation are criminal justice records subject to the Colorado Criminal Justice Records Act.
3. What disclosure standard and procedure govern a criminal justice agency's decision whether to permit inspection of such records.

Disposition

reversed_and_remanded