concurring. I agree with the result reached by the majority, but I write to emphasize two things.
First, I don’t find the “letter” to Ms. McCambridge to be a document in which she has any constitutionally protected interest, whatever this right to privacy may be. The letter undoubtedly aided the police in determining the fact that Markle murdered his family and then killed himself. It also shed light on his motive for doing so. While the letter was addressed to Markle’s mother, it was not delivered. She has never seen it. It was found at the scene of the crime. It was legitimate evidence, lawfully gained and properly used in the investigation of a crime. It was not, therefore, a purely personal document entitled to any privacy that the constitution may grant. See Nixon v. Administrator of General Services, 433 U.S. 425 (1977), where the Court spoke of personal letters “unrelated to any acts done ... in [a] public capacity.”
That means that under Arkansas law, the document is subject to public examination. City of Fayetteville v. Rose, 294 Ark. 468, 743 S.W.2d 817 (1988). When Markle killed his family and then himself, he made his actions a public matter; he opened the door to an investigation of what happened and why. With that comes the right to examine all the available evidence relative to his motive and actions. The police copied all the documents in the briefcase and have those copies in their official files. The officers testified they found these documents relevant to the crime. Under Arkansas law, they are public documents.
Second, the City of Little Rock wants us to rewrite the Freedom of Information Act. It clearly states that all public records of law enforcement agencies shall be available for inspection except for those contained in “undisclosed” investigations of suspected criminal activity.
The word “undisclosed” is not vague or hard to interpret — it is just not the word the city wants. See City of Fayetteville v. Rose, supra. The city and law enforcement officials should take up this question with the legislature.