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July 30, 1999

Mr. Matthew R. Scott
Cooper & Scully
900 Jackson Street, Suite 100
Dallas, Texas 75202

OR99-2155

Dear Mr. Scott:

You ask whether certain information is subject to required public disclosure under chapter 552 of the Government Code. Your request was assigned ID# 126106.

The City of Coppell (the "city ") received a request to provide access to information related to a named individual. You have not supplied information responsive to this request to our office for review. You contend that responding to this request would reveal information that is excepted from disclosure by section 552.108 of the Government Code.

Section 552.108 of the Government Code reads, in pertinent part:

    (a)Information held by a law enforcement agency or prosecutor that deals with the detection, investigation, or prosecution of crime is excepted from the requirements of Section 552.021 if:

      (1) release of the information would interfere with the detection investigation, or prosecution of crime;

You contend that any response to this request, irrespective of the existence or non-existence of responsive information, would interfere with the detection, investigation, or prosecution of crime by informing the requestor whether that person is a suspect in a criminal investigation. However, you do not explain, and it is not self-apparent, how this knowledge would constitute such interference. We also note that the motives of a requestor may not be considered in responding to a request made under the Public Information Act. Gov't Code 552.222. We conclude that the city must comply with this request.

Sincerely,

Michael Jay Burns
Assistant Attorney General
Open Records Division

MJB/ch

Ref: ID# 126106

cc: Mr. R. G. Harrell
548 W. Oak Grove
Coppell, Texas 75019  

POST OFFICE BOX 12548, AUSTIN, TEXAS 78711-2548 TEL: (512) 463-2100 WEB: WWW.OAG.STATE.TX.US
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