Texas Attorney General Opinion: M-1251 Page: 2 of 3
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Ron. Wilson E. Speir, Page 2,
You state that the analysis is secured as part of the
Department's criminal investigative activities, directed toward
possible use by the district attorney in prosecution for a
criminal offense. As such it is part of a criminal investigation
file, and not open for general public inspection. The common
law has traditionally held that such files are not public records,
and may be kept secret, Although there is no Texas case on point,
there is likewise no Texas statute altering the common law rule,
except on accident reports. Article 6701d, V.C.S. The Florida
Supreme Court in Lee v. Beach Pub. Co., 173 So. 440, 442 (1937)
stated the rule as follows:
"The appellant contends that there are certain
records in the police department of a city which
must be kept secret and free from common inspection
as a matter of public policy. This is true. The
rule as stated in 23 R.C.L. 161, is as follows:
"'The right of inspection does not extend
to all public records or documents, for public
policy demands that some of them, although of
a public nature, must be kept secret and free
from common inspection, such for example as
diplomatic correspondence and letters and
despatches [sic] in the detective police
service or otherwise relating to the appre-
hension -and prosecution of criminals.'"
As more recently stated in Whittle v. Munshower, 155 A.2d 670,
672 (Md.App. 1960), cert. den. 362 U.S..981:
"In the absence of statutory requirement, it is
generally held that police records are confidential.
See 4S Am.Jur., Records and Recording Laws, S26,
p. 433."
In accord Moore v. Bd. of Freeholders of Mercer County, 184
A.2d 748 (N.JApp. 1962),p modfied on other grounds, 18I6 A.2d
6761 People v. Wilkins, 287 P.2d 555 (Cal.App. 1955). Even
the federal government in enacting the Freedom of Information
Act recognized and preserved the common law rule in its
statutory scheme, which exempted from regulation. under the
act "investigatory files compiled for law enforcement purposes
except to the extent available by law to a party other than'
an agency," 5 U.S.C. S552(b) (7).(M-1251)
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Texas. Attorney-General's Office. Texas Attorney General Opinion: M-1251, text, October 31, 1972; (https://texashistory.unt.edu/ark:/67531/metapth270482/m1/2/: accessed July 12, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.