Summit County Sheriff’s Office unlawfully requires ID for criminal justice records

Summit County Sheriff’s Office staff is quoting non-existent language from multiple Colorado Revised Statutes to justify them requiring a copy of a photo ID in exchange for them providing copies of criminal justice records. The unconstitutional requirement was discovered after I filed a request for records related to specific case numbers.

“Support” Services Commander Tom Whelan supports the unlawful requiring of ID for CCJRA records from Summit County Sheriff’s Office.

Most recently, “Support” Services Commander Thom Whelan quoted non-existent language from C.R.S 24-72-305.5, a law that was intended to regulate the use of records to obtain information for solicitation.

From the email of the non-supportive officer Thom Whelan himself:

• C.R.S 24-72-305.5 states “the official custodian of any public records may make such rules with reference to the inspection of such records as are reasonably necessary for the protection of such records and the prevention of unnecessary interference with the regular discharge of the duties of the custodian or the custodian’s office.” These are the rules we have put in place regarding the processing of records:  The requirement of an ID is for the process of any request which is stated and highlighted on the records request form, the ID is not for the release of the records. The Sheriff’s Office requires the ID for verification of the signed records request form and verification of the signature regarding the Pecuniary Gain Affirmation C.R.S. 24-72-305.5.  It is also for the verification of payment processing for credit cards and checks.

To the contrary, the language that Whelan quoted could not be found in the cited statute on LexisNexis, the Official Publisher of the Colorado Revised Statutes.

Thom Whelan’s misinterpretation of statute C.R.S 24-72-305.5 came in an email response to a complaint that I made on records technicians at the same office.  Specifically, I contested Records Supervisor Mary White’s demand for a copy of photo ID in order to process my request for records pertaining to specific case numbers.

Originally, I asked White to direct me to that requirement in the Colorado Open Records Act.

Soon after, I remembered that it was the Colorado Criminal Justice Records Act that regulates the inspection of criminal justice records.

Summit County Sheriff’s Office Records Technician Shannon Hogeman.

Then, Summit County Sheriff’s Office Records Technician Shannon Hogeman called me to try and answer some of my questions.

For clarification, Hogeman called me to explain what legal authority she thought that they had to demand a copy of photo ID from me for the records I requested.

Hogeman dubiously and incorrectly claimed that C.R.S. 24-72-203(1)(a) says the following:

“Government entities are not permitted to require CORA requestors to show drivers license. This provision does not effect law enforcement agencies, many of which make requestors show their drivers license to obtain records open for inspection under the Colorado Criminal Justice Records Act,” said Hogeman.

Alarmingly, Hogeman then doubled-down to insist that section(1)(a) contained that language.

“I am master certified in CORA, and I can show you my certification if you like,” Hogeman said.

Ultimately, Hogeman was interpreting the language or her CORA manual as being synonymous with the language provided in C.R.S. 24-72-203(1)(a), which was totally different.

The actual language of C.R.S. 24-72-203(1)(a) reads as follows:

24-72-203. Public records open to inspection.
(1)(a) All public records shall be open for inspection by any person at reasonable times, except as provided in this part 2 or as otherwise provided by law, but the official custodian of any public records may make such rules with reference to the inspection of such records as are reasonably necessary for the protection of such records and the prevention of unnecessary interference with the regular discharge of the duties of the custodian or the custodian’s office. Except as otherwise required by section 24-72-204 (3.5)(g), and except when a record requested is confidential and accessible only on the basis that the requester is the person in interest, a custodian of public records shall not require a requester to provide the custodian with any form of identification to request or inspect records pursuant to this part 2.

Furthermore, the United States (4th Amendment) and Colorado (Art.II, Section 7) Constitutions are supposed to provide citizens the right to be secure in their persons, papers, homes and effects from unreasonable searches and seizures.

“The people shall be secure in their persons, papers, homes and effects, from unreasonable searches and seizures; and no warrant to search any place or seize any person or things shall issue without describing the place to be searched, or the person or thing to be seized, as near as may be, nor without probable cause, supported by oath or affirmation reduced to writing,” says Article II, Section 7 of the Colorado Constitution.