Case Information
*1 The Attorney General of Texas February 22, 1982
MARK WHITE
Attorney General
Honorable Henry Wade opinion No. MW-446 Criminal District Attorney
Supreme Gxrt Bullding P. 0. BOX 12546 Sixth Floor, Records Building Re: Whether records listing Austin. TX. 76711. 2546 Dallas, Texas 75202 property held by sheriff es a 512/475-2501 result of arrests are public Telex 9101674-1387 records Telecopier 512/475-0266 Dear Mr. Wade: 1607 Main St., Suite 1400 Dallas, TX. 75201-4709
You have requested our opinion as to whether records listing 2141742.8944 property held by a sheriff as the result of an arrest are subject to
disclosure under the Open Records Act, article 6252-17a. V.T.C.S.
4624 Alberta Ave.. Suite 160 El Paso, TX. 79935-2793 Section 3(a)(8) of the act excepts from disclosure: s15153334S4
records of law enforcement agencies that deal with the detection and investigation of crime and the 1220 Dallas Ave.. Suite 202 Houstm. TX. 77002.6966 internal records and notations of such law 713/6500666 enforcement agencies which are maintained for
internal u6e in matters relating to law enforcement. 606 Broadway, Suite 312 Lubbock, TX. 79401.3479 6061747.5236 In Open Records Decision No. 127 (1976). this office, following the
lead of the court in Houston Chronicle Publishing Company V. City of Houston, 531 S.W.2d 177 (Tex. Civ. App. - Houston 114th Dist.] 1975). 4309 N. Tenth. Suite S writ ref'd n.r.e. per curiam, 536 S.W.2d 559 (Tex. 1976), said that McAllen. TX. 76501.1665 evidence obtained at the scene of a crime is presumptively excepted 51216624547
from disclosure by section 3(a)(8). In Open Records Decision No. 216 (1978). a further question had arisen regarding the applicability of 200 Main Plaza, Suite 4OQ the exception when an investigative file has been closed without San Antonio. TX. 782052797 prosecution. This office said that, after a file becomes inactive, it 512/225.4191 may no longer be accorded the exception by presumption. Information in a closed file may continue to be withheld, however, if disclosure An Equal Opporlunityl "will unduly interfere with law enforcement and crime prevention." Ex Affirmative Action Employer parte Pruitt. 551 S.W.2d 706, 710 (Tex. 1977). Every inactive file
must be examined on a case-by-case basis , and the governmental agency claiming 3(a)(8) must demonstrate “how and why [the] particular exception applies to requested information." Open Records Decision No. 216 (1978). This position was affirmed in Open Records Decision No. 252 (1980).
p. 1538
Honorable Henry Wade - Page 2 (MW-446)
Applying these principles to the information under consideration here, it is clear that records listing property confiscated at the scene of a crime constitute information about evidence and thus, are presumptively excepted from disclosure during the .pendency of an investigation and prior to prosecution of the case. If a file has been closed, so that it is no longer an active investigatory file, the custodian of the records must show that their release "will unduly interfere with law enforcement and crime prevention." When the custodian claims the applicability of the exception to a particular closed file, or part of it, and the requestor disputes that determination, a decision should be requested from this office under the guidelines established in Open Records Decision No. 252.
SUMMARY Records listing property confiscated et the scene of a crime constitute information about evidence and thus are presumptively excepted from disclosure by section 3(a)(8) of the Open Records Act during the pendency of an investigation and prior to the prosecution of the case. n Attorney General of Texas JOHN W. FAINTER, JR.
First Assistant Attorney General
RICHARD E. GRAY III
Executive Assistant Attorney General
Prepared by Rick Gilpin
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
Susan L. Garrison, Chairman
Jon Bible
Walter Davis
Rick Gilpin
p. 1539