November 6, 2012

Mr. Gregory L. Grigg

Chief of Police

City of Deer Park

2911 Center Street

Deer Park, Texas 77536-4942

OR2012-17738

Re: Request for a copy of the consent form that a named individual signed and/or a copy of the affidavit and search warrant pertaining to an accident occurring on September 30, 2012

Dear Mr. Grigg:

The Office of the Attorney General has received your request for a ruling and assigned your request ID# 475510.

After reviewing your arguments and the submitted information, we have determined your request does not present a novel or complex issue. Thus, we are addressing your claims in a memorandum opinion. You claim the submitted information may be withheld from the requestor pursuant to section 552.108(a)(1) of the Government Code. We have considered your arguments and the submitted information and have determined that in accordance with section 552.108(a)(1) you may withhold the requested search warrant affidavit. However, we note the requested search warrant has been filed with a court. Information filed with a court is generally a matter of public record and may not be withheld from disclosure. Gov't Code § 552.022(a)(17); Star-Telegram, Inc. v. Walker, 834 S.W.2d 54 (Tex. 1992). Thus, you must release the search warrant. Lastly, the rest of the submitted information is not responsive to the request, and this decision does not address it.

For more information on the cited exception, as well as information on the rights and obligations of governmental bodies and requestors, please refer to open government information contained on the Office of the Attorney General website at www.oag.state.tx.us. You may also contact our Open Government Hotline at 1-877-OPENTEX.

Enc: Submitted documents

c: Requestor

(w/o enclosures)

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