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February 2, 1999

Mr. Raymond D. Martinez
Assistant City Attorney
Criminal Law and Police Division
City of Dallas
Municipal Building
Dallas, Texas 75201

OR99-0306

Dear Mr. Martinez:

You ask whether certain information is subject to required public disclosure under chapter 552 of the Government Code. Your request was assigned ID# 123400.

The City of Dallas Police Department (the "department") received a request for information concerning service report number 0965745-G. You have released some of the requested information. You assert that the remaining requested information is excepted from disclosure under section 552.108 of the Government Code. We have considered the exception you claim and have reviewed the document submitted.

Section 552.108, the "law enforcement exception," provides in relevant part as follows:

(a) [i]nformation held by a law enforcement agency or prosecutor that deals with the detection, investigation, or prosecution of crime is excepted from the requirements of 552.021 if: (1) release of the information would interfere with the detection, investigation or prosecution of crime; [or] (2) it is information that deals with the detection, investigation, or prosecution of crime only in relation to an investigation that did not result in conviction or deferred adjudication. . . .

Generally, a governmental body claiming an exception under section 552.108 must reasonably explain, if the information does not supply the explanation on its face, how and why the release of the requested information would interfere with law enforcement. See Gov't Code 552.108(a), .301(b)(1); see also Ex parte Pruitt, 551 S.W.2d 706 (Tex. 1977). You have not explained how release of the information you wish to withhold would interfere with the detection, investigation, or prosecution of crime. Moreover, you have not shown the applicability of section 552.108(a)(2) to the information you seek to withhold. We conclude, therefore, that you may not withhold the information under section 552.108. You must release the submitted information.

We are resolving this matter with an informal letter ruling rather than with a published open records decision. This ruling is limited to the particular records at issue under the facts presented to us in this request and should not be relied upon as a previous determination regarding any other records. If you have questions about this ruling, please contact our office.

Yours very truly,

Yen-Ha Le
Assistant Attorney General
Open Records Division

YHL/nc

Ref: ID# 123400

Enclosures: Submitted document

cc: Mr. Tate Barber
State Farm Insurance
P.O. Box 210459
Dallas, Texas 75211-0459
(w/o enclosures)


 

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