Instead of just admitting that shaming their local communities with online mugshot galleries is an incredibly profitable endeavor that they can’t afford to lose, the journalism community has come up with a “secret arrest” theory to try to stop recent mugshot legislation from advancing nationwide. The argument that the disclosure of mug shots solely ensures the public has the ability to hold the state accountable for the arresting process is hypothetical at best. Other records available for inspection such as police dash cam videos actually give the public more insight about the way their government operates than do booking photographs.
This “secret arrest” theory is unsurprisingly perpetuated by those who enthusiastically peddle mug shots for a living.
By the way under the current President if you commit a misdemeanor such as driving without a license in the state of Florida your mug shot gets put on blast by third-party profiteers whether you’re eventually convicted or not but if the US Marshals pick someone up for a federal crime like, for example, racketeering that mug shot will not be released to the public because of the FOIA privacy exemption.