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Subpoena and a Search Warrant issued for the recordings made of a City Counsel Executive Session during an investigation of City Manager for Misapplication of Fiduciary Property for continuing to pay incarcerated employee for 4 months after incarceration. Executive Session was noticed (after criminal investigation began) for the purpose of "ratifying" the City Manager's actions of using taxpayer dollars to pay the incarcerated employee in violation of the city's own policy manual. City attorney now filed emergency Motion to Quash Search Warrant based on Govt Code 551.104. My argument is that the statute applies to civil disclosure and litigation and NOT to a proper Search Warrant with probable cause in a criminal investigation.

Any guidance?
 
Posts: 21 | Location: Robertson County | Registered: March 12, 2014Reply With QuoteReport This Post
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There is an argument that you are not 'the public' from whom this disclosure is barred by law without a court order. But, if the city releases it to you and it turns out that they should not have done so without a court order, it's an offense under Gov't Code 551.146 (class B) and a rare occasion for civil liability. Most city/entity lawyers would feel compelled to file such a Motion given such a subpoena or search warrant. They are not trying to be uncooperative, they are doing what they feel they need to do to protect their client from criminal charges and civil liability.

They probably just want a brief hearing and a written court order, as most entities would want in this situation.

Fortunately for you, you're about to get a court order, because the City set the ball in motion by filing the Motion to Quash. Get it set for hearing if it has not been set yet. There will be a ruling on the Motion to Quash; that can suffice as the court order if it's in writing.

Reach out and contact the lawyer for the city to see what kind of language they feel they need in the court order to protect their client. They might already have a proposed order drafted. Yes, you'll still have to have the hearing, but it should be amicable and brief. If you have a search warrant, you should be able to articulate why you need the court to issue the order.
 
Posts: 341 | Location: Tarrant County, Texas | Registered: August 24, 2001Reply With QuoteReport This Post
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