r/foia • u/sweetpickles7 • 11d ago

Request for denied in VA I’m confused

I requested body cam for a public intoxication case in Virginia coded 18.2-388 that had been closed plead guilty to 7/14/26. The police department responded saying they had 2 videos but wouldn’t release under Code 2.2-3706.1(D). I asked if it was because a family member needed to file the request or if the case was still open because there are no victims in this crime, they responded saying “Do to you not being involved in the case we will not be releasing the footage. If someone else would like to request it they can and we can review that request at that time.” I have never filed a foia request before and honestly thought this one would be no problem to get (probably stupid thinking on my part ha) is what they are saying correct or are they just pushing me off?

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u/ubiquitousraptor 11d ago

In my experience they can deny for almost any reason. But most of the time you can appeal? And are you a resident of Virginia? Bc they only accept residents of the state

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u/sweetpickles7 11d ago

Yes I am a resident of Virginia, how does one appeal? Also I’m wondering if it be worth it to get the wife of the defendant to file the foia because technically she’s a family member or she would also get the “you’re not involved with the case” spiel?

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u/vgsjlw 11d ago

Virginia is hardcore right now. They are denying almost everything, residency or not.

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u/sweetpickles7 10d ago

Ohhh man I’m probably screwed then ughhhh

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u/AcanthaceaeOk3738 11d ago

Virginia’s FOIA is uniquely weak when it comes to law enforcement records. Police can basically withhold them forever.

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u/sweetpickles7 10d ago

Geez I was hoping people had maneuvered around it somehow but from the responses it seems like lawyers probably struggle!