RSBMFF
This firearm with a serial number is interesting because I have never heard of an officer's weapon being confiscated at the scene of a crime unless the officer actually fired his weapon.
Could one have been confiscated from an officer after autopsy? Was this firearm possibly planted somewhere in the Church that may be part of the ECSD investigations into stolen/missing evidence, specifically firearms?
I tend to believe the firearm was found in the Ford truck since the title and registration are mentioned.
Nothing in the SW for the truck mentions anything about a firearm in her truck. There are items listed. IF it was listed on an inventory report for the towing company, jmho that wouldn't be released either.
JMHO my opinion comes from the wording sited,
"Section 108(b)(1) excepts from disclosure the internal records and notations of law enforcement agencies and prosecutors when their release would interfere with law enforcement and crime prevention.
In this instance, the responsive information contains a serial number of a firearm which the City seeks to withhold under Section 552.108(b)(1). Release of this serial number could interfere with law enforcement by divulging a firearm serial number that could be used on illegal firearms or be falsely used in a missing weapons report.https://www.dropbox.com/s/k7ju5m1k31i20tu/Bevers ORA request response.pdf?dl=0
and family members in LEO. It is documented when they are at a scene when they unholster their firearm (or their departments do). You have to look at what was requested by the 3 Media.
Exhibit E only thing left on Mr. Pertiz list not addressed is:
all 911 audio tapes ***detailed information-witnesses, description of the victim and location
all offence/incident report *** - witness information, First Responder information, crime scene information, very detailed information
the autopsy relating to the homicide of a named individual ***COD/MOD... information that MPD has stated some of which only the Suspect would know.
all surveillance footage- ***would have all information that LE has on the Suspect, MB, the CG campers, EMT, LE with a gun most likely drawn looking around the building to see if anyone else was there
AND: AG ruling Dec 4, 2015 https://www.texasattorneygeneral.gov/opinions/openrecords/51paxton/orl/2015/pdf/or201525414.pdf
Snip
Section 552.108(b )(1) of the Government Code excepts from disclosure the internal records and notations of law enforcement agencies and prosecutors when their release would interfere with law enforcement and crime prevention. Gov't Code§ 552.108(b )(1 ); see also Open Records Decision No. 531 at 2 (1989) (quoting Ex parte Pruitt, 551 S.W.2d 706 (Tex. 1977)). A governmental body claiming section 552.108(b )(1) must reasonably explain how and why the release of the requested information would interfere with law enforcement. See Gov't Code§§ 552.108(b)(l), .301(e)(l)(A); see also Ex parte Pruitt, 551 S.W.2d 706.
Section 5 52.108(b )( 1) is intended to protect "information which, if released, would permit private citizens to anticipate weaknesses in a police department, avoid detection, jeopardize officer safety, and generally undermine police efforts to effectuate the laws of this State." See City of Fort Worth v. Cornyn, 86 S.W.3d 320 at 327 (Tex. App.-Austin 2002, no pet.). This office has concluded section 552.108(b )(1) excepts from public disclosure information relating to the security or operation of a law enforcement agency. See, e.g., Open Records Decision Nos. 531 (release of detailed use of force guidelines would unduly interfere with law enforcement), 252 (1980) (section 552.108 of the Government Code is designed to
protect investigative techniques and procedures used in law enforcement), 143 (1976) (disclosure of specific operations or specialized equipment directly related to investigation or detection of crime may be excepted). Section 552.108(b )(1) is not applicable, however, to generally known policies and procedures. See, e.g., ORDs 531 at 2-3 (Penal Code
provisions, common law rules, and constitutional limitations on use of force not protected), 252 at 3 (governmental body failed to indicate why investigative procedures and techniques requested were any different from those commonly known).
page 3
You state release of the photographs containing serial numbers for a firearm would enable the serial number to be used on illegal firearms or in a false missing weapon report. You state release of this information would interfere with law enforcement. Based on your representations and our review, we agree the release of the serial number we marked would interfere with law enforcement. Accordingly, the department may withhold the firearm serial number we have marked under section 552.108(b)(l) of the Government Code. However, we conclude the department has not established the release of the remaining information at
issue would interfere with law enforcement. Therefore, the department may not withhold any of the remaining information under section 552.108(b)(l). In summary, the department must withhold the Firearms Trace Summary we have marked
under section 552.101 of the Government Code in conjunction with Public Law number 112-55. The department may withhold the firearm serial number we have markedunder section 552.108(b)(l) of the Government Code. The remaining information must be
released.
