Requestor wanting a list of all vehicles owned or used by our Sheriff's office for a specified date. Some of these vehicles are undercover vehicles that are currently being used. Before I ask the AG for an opinion does anyone know if it has already been asked and answered by AG.
Do they have to disclose current undercover vehicles in use?
Thanks for any help.
The OAG has ruled on this many times in the past. However, since those open records rulings are specific to each request, you still have to ask the OAG for an opinion on whether you can withhold the information requested in this case.
You can seek to withhold the requested information under section 552.108(b) of the Government Code as an internal record of a law enforcement agency that is maintained for internal use in matters relating to law enforcement and its release would interfere with law enforcement or prosecution.
You can also ask to keep it confidential under section 552.152 if, under the specific circumstances pertaining to the undercover officers, release of the information would subject those undercover officers to a substantial threat of physical harm.
Just do a Westlaw search of Texas Attorney General Opinions with the search term undercover, and you will find plenty of discussion on this topic.
Thank you Mack.
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