Protection of Innocent Persons against Misuse by Police Authorities of Photographs and Fingerprints.

The article focuses on protection of innocent persons against misuse by police authorities of photographs and fingerprints. Upon his acquittal of a criminal charge plaintiff, in the recent case of State ex rel. Mavity v. Tyndall brought an action against public officials for return of fingerprints, photographs and measurement records taken against his will. Plaintiff based his claim for relief on his "right of privacy." In determining how far the courts should go in their attempts to restore to an innocent person the unblemished record he enjoyed prior to arrest, interests of the state must be carefully balanced against those of the individual. Since it is necessary in the efficient conduct of police affairs that reasonable discretion be allowed police officials, courts are reluctant to grant relief except in the clearest cases. The Federal rule, declared by the office of the Attorney General, provides that the records are not to be made public prior to trial, and after acquittal they are to be destroyed or surrendered to the defendant.