Maine Revised Statutes

Me. Rev. Stat. tit. 16, § 804 (2026)

Limitation on dissemination of intelligence and investigative record information

✓ current as of May 2026

Find cases: SyfertCases citing this section ME-LEGlegislature.maine.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar

Except as provided in sections 805‑A and 806, a record that is or contains intelligence and investigative record information is confidential and may not be disseminated by a Maine criminal justice agency to any person or public or private entity if there is a reasonable possibility that public release or inspection of the record would: [PL 2023, c. 235, §1 (AMD).]

1. Interfere with criminal law enforcement proceedings. Interfere with law enforcement proceedings relating to crimes;

[PL 2013, c. 267, Pt. A, §3 (NEW).]

2. Result in dissemination of prejudicial information. Result in public dissemination of prejudicial information concerning an accused person or concerning the prosecution's evidence that will interfere with the ability of a court to impanel an impartial jury;

[PL 2013, c. 267, Pt. A, §3 (NEW).]

3. Constitute an invasion of privacy. Constitute an unwarranted invasion of personal privacy;

[PL 2013, c. 267, Pt. A, §3 (NEW).]

4. Disclose confidential source. Disclose the identity of a confidential source;

[PL 2013, c. 267, Pt. A, §3 (NEW).]

5. Disclose confidential information. Disclose confidential information furnished only by a confidential source;

[PL 2013, c. 267, Pt. A, §3 (NEW).]

6. Disclose trade secrets or other confidential commercial or financial information. Disclose trade secrets or other confidential commercial or financial information designated as such by the owner or source of the information, by the Department of the Attorney General or by a district attorney's office;

[PL 2013, c. 267, Pt. A, §3 (NEW).]

7. Disclose investigative techniques or security plans. Disclose investigative techniques and procedures or security plans and procedures not known by the general public;

[PL 2013, c. 267, Pt. A, §3 (NEW).]

8. Endanger law enforcement or others. Endanger the life or physical safety of any individual, including law enforcement personnel;

[PL 2013, c. 267, Pt. A, §3 (NEW).]

9. Disclose statutorily designated confidential information. Disclose information designated confidential by statute;

[PL 2013, c. 267, Pt. A, §3 (NEW).]

10. Interfere with civil proceedings. Interfere with proceedings relating to civil violations, civil enforcement proceedings and other civil proceedings conducted by the Department of the Attorney General or by a district attorney's office;

[PL 2013, c. 267, Pt. A, §3 (NEW).]

11. Disclose arbitration or mediation information. Disclose conduct of or statements made or documents submitted by any person in the course of any mediation or arbitration conducted under the auspices of the Department of the Attorney General; or

[PL 2013, c. 267, Pt. A, §3 (NEW).]

12. Identify source of consumer or antitrust complaints. Identify the source of a complaint made to the Department of the Attorney General regarding a violation of consumer or antitrust laws.

[PL 2013, c. 267, Pt. A, §3 (NEW).]

SECTION HISTORY

PL 2013, c. 267, Pt. A, §3 (NEW). PL 2013, c. 507, §4 (AMD). PL 2023, c. 235, §1 (AMD).

Notes of Decisions

Cited in 8 cases (4 in the last 5 years), 2014–2024 · leading case: Philip M. Bowler Sr. v. State of Maine, 2014 ME 157 (Me. 2014).

Sort: Relevance Newest Treatment

Philip M. Bowler Sr. v. State of Maine, 2014 ME 157 (Me. 2014). · cites it 4× “” 16 M.R.S. § 804. Without more, that provision would prevent both Bowler and Wolfe from accessing the file.”

Marcel Dubois v. Dep't of Env't Prot., 2017 ME 224 (Me. 2017). · cites it 2× “”5 16 M.R.S. § 804(4) (2016). [¶21] The statute defines “intelligence and investigative record information” as “information of record collected by or prepared by or at the 5 Although the Department did not assert statutory confidentiality as constituting “just and proper cause”…”

Keegan J. Fairfield v. Maine State Police, 2023 ME 12 (Me. 2023). “16 M.R.S. § 804(3). In Blethen Maine Newspapers, Inc.”

Hawes v. Cumberland Cnty. Sheriff's Off. (Me. Super. Ct 2022). · cites it 7× “This is demonstrated by the initial invocation by the Sheriff's Office of 16 M.R.S. § 804(7) - which relates to the confidentiality of recordsthat would disclose "investigative teclmiques_or se911rity plans" - i11__ response to the FOAA request by Ms.”

MaineToday Media, Inc. v. State of Maine (Me. Super. Ct 2014). · cites it 6× “The specific confidentiality statute relied upon by the State is 16 M.R.S. § 804, subsections (1) and (3).”

Nunes v. City of Bath (Me. Super. Ct 2018). · cites it 3× “After in camera review of the documents in question, this court is satisfied that the documents that the City argues are confidential are in fact security plans that are made exempt from public disclosure by 16 M.R.S. § 804. Upon review, it is this court's finding of fact that…”

Hylton v. Maine Dep't of Corr. (D. Me. 2024). “16 M.R.S. § 804(3). Plaintiff argues the information in the exhibits is not intelligence and investigative information because “‘[i]ntelligence and investigative record information’ .”

Dean v. State Fire Marshal's Off. (Me. Super. Ct 2021). “" 16 M.R.S. § 804(3) & (4). Intelligence and investigative record information means "information of record collected by or prepared by or at the direction of a criminal justice agency or kept in the custody of a criminal justice agency while preforming the administration of…”

— Me. Rev. Stat. tit. 16, § 804(1) — 1 case

MaineToday Media, Inc. v. State of Maine (Me. Super. Ct 2014). “The specific confidentiality statute relied upon by the State is 16 M.R.S. § 804, subsections (1) and (3).”

— Me. Rev. Stat. tit. 16, § 804(3) — 4 cases

Keegan J. Fairfield v. Maine State Police, 2023 ME 12 (Me. 2023). “16 M.R.S. § 804(3). In Blethen Maine Newspapers, Inc.”

MaineToday Media, Inc. v. State of Maine (Me. Super. Ct 2014). “The specific confidentiality statute relied upon by the State is 16 M.R.S. § 804, subsections (1) and (3).”

Hylton v. Maine Dep't of Corr. (D. Me. 2024). “16 M.R.S. § 804(3). Plaintiff argues the information in the exhibits is not intelligence and investigative information because “‘[i]ntelligence and investigative record information’ .”

Dean v. State Fire Marshal's Off. (Me. Super. Ct 2021). “" 16 M.R.S. § 804(3) & (4). Intelligence and investigative record information means "information of record collected by or prepared by or at the direction of a criminal justice agency or kept in the custody of a criminal justice agency while preforming the administration of…”

— Me. Rev. Stat. tit. 16, § 804(4) — 1 case

Marcel Dubois v. Dep't of Env't Prot., 2017 ME 224 (Me. 2017). “”5 16 M.R.S. § 804(4) (2016). [¶21] The statute defines “intelligence and investigative record information” as “information of record collected by or prepared by or at the 5 Although the Department did not assert statutory confidentiality as constituting “just and proper cause”…”

— Me. Rev. Stat. tit. 16, § 804(7) — 2 cases

Hawes v. Cumberland Cnty. Sheriff's Off. (Me. Super. Ct 2022). “This is demonstrated by the initial invocation by the Sheriff's Office of 16 M.R.S. § 804(7) - which relates to the confidentiality of recordsthat would disclose "investigative teclmiques_or se911rity plans" - i11__ response to the FOAA request by Ms.”

Nunes v. City of Bath (Me. Super. Ct 2018). “After in camera review of the documents in question, this court is satisfied that the documents that the City argues are confidential are in fact security plans that are made exempt from public disclosure by 16 M.R.S. § 804. Upon review, it is this court's finding of fact that…”

— Me. Rev. Stat. tit. 16, § 804(8) — 1 case

Hawes v. Cumberland Cnty. Sheriff's Off. (Me. Super. Ct 2022). “This is demonstrated by the initial invocation by the Sheriff's Office of 16 M.R.S. § 804(7) - which relates to the confidentiality of recordsthat would disclose "investigative teclmiques_or se911rity plans" - i11__ response to the FOAA request by Ms.”

— Me. Rev. Stat. tit. 16, § 804(9) — 1 case

Philip M. Bowler Sr. v. State of Maine, 2014 ME 157 (Me. 2014). “” 16 M.R.S. § 804. Without more, that provision would prevent both Bowler and Wolfe from accessing the file.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.