We want to continue to use real world examples in order to illuminate the advantages as well as the limitations of using the Texas Public Information Act to request public information.
On May 7, 2007 radio traffic was heard concerning a knife fight/stabbing at the Briarcrest Apartments located at 25650 I-45 North in Spring, TX. A post concerning this radio traffic was placed on the Heard on the Radio Forum at The Woodlands Monitor (this site was not live at that time).
In the weeks after the incident we tried to get some information about this investigation/incident via normal methods with no luck.
On May 31, 2007 we sent the Montgomery County Sheriff’s Office a request for public information related to this incident.
The request was forwarded to the County Attorney who wished to withhold all of the information pertaining to the case except for what is referred to as the basic front page offense and arrest information. The County Attorney sent a request for a ruling on this matter to the Texas Attorney General.
On August 24, 2007 the Texas Attorney General ruled the only information the sheriff was required to release was the basic front page information mentioned earlier.
The sheriff or practically any law enforcement agency or prosecutor is allowed by law to withhold requested information if the requested information would interfere with the detection, investigation, or prosecution of a crime. This ruling was based on the County Attorney’s claim that this investigation was currently an active, ongoing investigation, when the request for a ruling was put forth.
As always we encourage all citizens of Montgomery County to use the Public Information Act to gain access to information you feel is important.
If you have public information that needs to be published please contact us.
Related Information
August 24, 2007 Attorney General Ruling OR2007-11047
Public Information Handbook
