Open Records Decision No. 531
October 5, 1989

	Re:  Whether a city police department's "Use of Force" policy is excepted from 
disclosure by section 3(a)(8) of the Open Records Act  (RQ-1640)

Mr. Lloyd Garza
City Attorney
City of San Antonio
P.O. Box 9066
San Antonio, Texas  78285

Dear Mr. Garza:

	You inform us that the city of San Antonio has received a request under the Texas 
Open Records Act, article 6252-17a, V.T.C.S., for a copy of the San Antonio Police 
Department's "Use of Force" policy.  You believe that this information is excepted from 
public disclosure by section 3(a)(8) of the Open Records Act as interpreted in Open 
Records Decision No. 22A (1974).

	Section 3(a)(8) of the Open Records Act provides that the following information 
is excepted from disclosure:

	records of law enforcement agencies and prosecutors that deal 
with the detection, investigation, and prosecution of crime and the 
internal records and notations of such law enforcement agencies and 
prosecutors which are maintained for internal use in matters relating 
to law enforcement and prosecution.

	Open Records Decision No. 22A (1974) considered the applicability of section 
3(a)(8) to the police manual of the University of Texas Special Services-Security 
Division.  The manual contained "detailed information for use by police officers 
concerning investigation and detection of crime and enforcement of criminal laws."  
Open Records Decision No. 22A, at 2.  The bulk of the information in the manual was 
excepted from disclosure by section 3(a)(8) of the Open Records Act, although the 
"purely administrative" information it contained was available to the public.  Id. at 3.

	Since Open Records Decision No. 22A was issued in 1974, section 3(a)(8) has 
been interpreted in judicial decisions and in numerous decisions of this office.  See, e.g., 
Ex parte Pruitt, 551 S.W.2d 706 (Tex. 1977); City of Houston v. Houston Chronicle 
Publishing Co., 673 S.W.2d 316 (Tex. App.--Houston [1st Dist.] 1984, no writ); Houston 
Chronicle Publishing Co. v. City of Houston, 531 S.W.2d 177 (Tex. Civ. App.--Houston 
[14th Dist.] 1975), writ ref'd n.r.e. per curium, 536 S.W.2d 559 (Tex. 1976); Open 
Records Decision Nos. 506 (1988); 413 (1984); 341 (1982); 143, 127 (1976).  The Texas 
Supreme Court has held that section 3(a)(8) applies to information held by a law 
enforcement agency if release "will unduly interfere with law enforcement and crime 
prevention."  Ex parte Pruitt, supra, at 710.  We will evaluate the records you have sent 
us in terms of this test and decisions that apply it, rather than relying on Open Records 
Decision No. 22A.  The legal analysis in Open Records Decision No. 22A should no 
longer be relied upon.

	You have sent us sections 505.01 through 505.04 of the General Manual of the 
San Antonio Police Department, a three-page document on the use of force.  Section 
505.01 gives a brief introduction, and section 505.02 defines some terms used in the 
document.  Section 505.03 gives detailed guidelines on the application of force.  Section 
505.04 gives detailed guidelines on the use of deadly force.  Your letter makes the 
following statements about these procedures:

The Department specifically prepared these procedures for internal 
use to provide tactical assistance for the Department's members.  
Although the Department requires compliance with the Procedures, 
interpretation and application of the procedures depend on a case by 
case, totality of the circumstances analysis. . . .  Furthermore, the 
release of this information has the potential for interfering with law 
enforcement objectives in that it may equip the public, and 
particularly criminals, with guidance as to the type of conduct which 
an officer must tolerate before he may exercise the use of force, and 
have the effect of encouraging these individuals to tailor their 
behavior accordingly.

	Some of the information in the document restates Penal Code provisions, 
common-law rules, and constitutional limitations on the use of force.  See Tennessee v. 
Garner, 471 U.S. 1 (1985) (use of deadly force to prevent escape of unarmed, 
nondangerous suspected felon violated Fourth Amendment); Penal Code ch. 9; 7 Tex. 
Jur.3d Assault and Battery §§ 8-15 (1980).  We do not believe that disclosing these 
generally-known policies will unduly interfere with law enforcement and crime 
prevention.

	The document also includes highly specific guidelines for police officers 
confronted by violence or threatened violence when effecting an arrest or protecting the 
public safety.  The information in these portions of the document is not duplicated in 
Penal Code provisions or judicial decisions on the use of force.  It is reasonable to 
conclude that knowledge of these detailed guidelines would place an individual at an 
advantage in confrontations with police officers and would increase his chances of 
evading arrest or injuring the officer or other persons.  This office recognized a similar 
law enforcement interest in Open Records Decision No. 413 (1984), which concluded 
that section 3(a)(8) of the Open Records Act allowed the Department of Corrections to 
withhold a sketch showing barriers that it planned to put in place as security measures 
during an execution.  Open Records Decision No. 413 stated as follows:

The release of the requested sketch could seriously impair the ability 
of the Department of Corrections to maintain necessary order during 
the next scheduled execution.  Executions are inherently volatile 
events.  Effective crowd control is difficult enough even under the 
best of circumstances, and in our opinion such control would be 
made unreasonably difficult if a sketch showing planned security 
measures were released.

Id. at 2.

	Situations in which a law enforcement officer needs to resort to the use of force 
are also unpredictable, and release of the specific guidelines on use of force could impair 
an officer's ability to arrest a suspect or protect the public peace.  We believe that release 
of the detailed guidelines would unduly interfere with law enforcement and crime 
prevention.  Accordingly, they are excepted from disclosure by section 3(a)(8) of the 
Open Records Act.  We have marked the portions of the policy that need not be released.

SUMMARY

	Section 3(a)(8) of the Open Records Act authorizes the San 
Antonio Police Department to withhold the portions of its "Use of 
Force" procedures prepared for its officers that state detailed 
guidelines on the use of force.  The portions of the procedures 
which restate generally known common-law rules, constitutional 
limitations, or Penal Code provisions are open to the public.

Very truly yours,

Jim Mattox
Attorney General of Texas

Mary Keller
First Assistant Attorney General

Lou McCreary
Executive Assistant Attorney General

Judge Zollie Steakley
Special Assistant Attorney General

Rick Gilpin
Chairman, Opinion Committee

Prepared by Susan L. Garrison
Assistant Attorney General