Maricopa County’s Controversial Move: Mugshots and Personal Info of Suspects Exposed Online, Court Rules

MARICOPA COUNTY, Ariz. — A federal appeals court has ruled that Maricopa County’s practice of posting mugshots and identifying information of jailed individuals may violate constitutional rights. This ruling was delivered by the 9th Circuit Court of Appeals in response to a complaint from a man arrested in Phoenix in 2022 on an assault charge, which was later dismissed.

The court expressed concern that the county’s online listings unjustly punish individuals who are merely accused but not convicted of any crime. Details shared on the sheriff’s “Mugshot Lookup” website include names, dates of birth, physical descriptions, and the nature of charges against individuals booked into jail.

According to the judges, the rationale of promoting government transparency did not justify the exposure of such sensitive personal information. They noted, “Even if transparency is a legitimate government interest, no rational relationship exists between that goal and the County’s gratuitous inclusion of at least some of (the plaintiff’s) personal information in its public ‘Mugshot Lookup’ post.”

This decision reversed a previous dismissal by a district court, allowing the plaintiff’s claim of substantive due process based on pretrial punishment to proceed. Following the ruling, the Maricopa County Sheriff’s Office announced it would pause the posting of inmates’ mugshots as the implications of the ruling are evaluated.

Additionally, the Cochise County Sheriff’s Office in southern Arizona has similarly decided to cease posting mugshots on its website. These changes reflect a significant shift in how local law enforcement agencies manage public access to arrest records.