Does the 7(D) exemption apply to local law enforcement agencies?

MultiRegion, United States of America

The following excerpt is from Church of Scientology of California v. U.S. Dept. of Justice, 612 F.2d 417 (9th Cir. 1979):

14 In Ferguson v. Kelley, supra, 448 F.Supp. at 922, the district court found that local law enforcement agencies were not within the 7(D) exemption because: "We are not certain that other law enforcement agencies can reasonably believe that all information which they may supply to a federal agency will be shielded from public disclosure. As public agencies subject to public scrutiny, other law enforcement agencies are in a very different position from that of a private citizen who has no legal duty to volunteer information to law enforcement agencies." As discussed Supra, the district court is simply in error when it assumes that foreign, state and local law enforcement agencies have a duty to volunteer information to federal law enforcement agencies. Consequently, in this context, they are similar to private citizens, which the district court would place within the scope of the exemption.

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