Court of Appeals issues blow to Maricopa County with controversial mugshot decision

Phoenix, Arizona: A recent ruling by the Ninth Circuit Court of Appeals has blocked Maricopa County from posting mugshots of individuals who have been arrested, but not yet convicted.

The court ruled that releasing mugshots online violates the constitutional rights of those arrested, citing potential embarrassment, loss of job opportunities, and other personal harm as reasons for the decision.

The court’s 20-page opinion emphasized that publicly posting mugshots can cause significant reputational damage to individuals who have not been found guilty of any crime. The ruling also pointed out that, once online, these images can be shared across social media and third-party sites, making it difficult for individuals to escape the consequences, even if charges are later dropped.

Jared Keenan, legal director for the ACLU, while not involved in the case, praised the decision, noting that posting mugshots captures people at one of the worst moments of their lives and often leads to unnecessary public shaming.

Criminal defense attorney Jason Lamb echoed these sentiments, emphasizing that arrests alone are not proof of guilt, and individuals should not be subjected to public judgment before their case is resolved.

Currently, Maricopa County posts mugshots of recent arrests dating back three days, but this practice is expected to change following the ruling. The case could still be appealed, possibly reaching the Supreme Court. The decision is anticipated to affect other departments across Arizona as well.