Is anyone aware of a statute or case law that provides support for the assertion that law enforcement records relating to an ongoing criminal investigation should be considered "confidential" and protected from disclosure pursuant to a subpoena in a civil action?
Thanks!

Teresa Nowlin | City Attorney
211 North Elm | P.O Box 2007 | Jenks, OK 74037
918-299-5883 Office

It’s in the Open Records Act.  Try 51 OS § 24A.8 and 24A.24.

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From: Teresa Nowlin tnowlin@jenksok.org
Sent: Friday, April 9, 2021 11:51 AM
To: oama@lists.imla.org
Subject: [Oama] Subpoena for law enforcement records in ongoing
investigation?

Is anyone aware of a statute or case law that provides support for the
assertion that law enforcement records relating to an ongoing criminal
investigation should be considered “confidential” and protected from
disclosure pursuant to a subpoena in a civil action?

Thanks!

Teresa Nowlin | City Attorney

211 North Elm | P.O Box 2007 | Jenks, OK 74037

918-299-5883 Office

But not an open record request, it's a subpoena.

From: Kim@spadylaw.com Kim@spadylaw.com
Sent: Friday, April 9, 2021 12:00 PM
To: oama@lists.imla.org
Subject: [Oama] Re: Subpoena for law enforcement records in ongoing investigation?

[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe.
It's in the Open Records Act.  Try 51 OS § 24A.8 and 24A.24.

[cid:image001.jpg@01D72D38.7EF62CC0]
CONFIDENTIALITY NOTE:
The information in this electronic mail, including attachments, is sent by, or on behalf of, an attorney and is intended to be the private confidential property of the sender. The materials are intended solely for the receipt, use, benefit and information of the recipient indicated above. This communication may be protected by the attorney-client privilege, the work-product privilege, or other legal rules. If the reader of this message is not the intended recipient, you are notified that retention, use, review, disclosure, copying, distribution, or the taking of any other action in reliance on the contents of this transmission or attachments is strictly prohibited. If you have received this transmission in error, please notify us immediately by electronic mail or telephone (405-542-6056) and arrange for the destruction or return of this transmission to us.  Thank you for your cooperation.

From: Teresa Nowlin <tnowlin@jenksok.orgmailto:tnowlin@jenksok.org>
Sent: Friday, April 9, 2021 11:51 AM
To: oama@lists.imla.orgmailto:oama@lists.imla.org
Subject: [Oama] Subpoena for law enforcement records in ongoing investigation?

Is anyone aware of a statute or case law that provides support for the assertion that law enforcement records relating to an ongoing criminal investigation should be considered "confidential" and protected from disclosure pursuant to a subpoena in a civil action?
Thanks!

Teresa Nowlin | City Attorney
211 North Elm | P.O Box 2007 | Jenks, OK 74037
918-299-5883 Office

Yes.  Regularly addressed seems like.  The provision relating protection of documents protected by privilege.  Ongoing investigation is work product.  I can send more info when I get back to office.

Jon Miller

Get Outlook for iOShttps://aka.ms/o0ukef

From: Teresa Nowlin tnowlin@jenksok.org
Sent: Friday, April 9, 2021 11:51:26 AM
To: oama@lists.imla.org oama@lists.imla.org
Subject: [Oama] Subpoena for law enforcement records in ongoing investigation?

Is anyone aware of a statute or case law that provides support for the assertion that law enforcement records relating to an ongoing criminal investigation should be considered “confidential” and protected from disclosure pursuant to a subpoena in a civil action?

Thanks!

Teresa Nowlin | City Attorney

211 North Elm | P.O Box 2007 | Jenks, OK 74037

918-299-5883 Office

Privilege still applies.  Sec. 2004.1 addresses documents protected by privilege.

Get Outlook for iOShttps://aka.ms/o0ukef

From: Teresa Nowlin tnowlin@jenksok.org
Sent: Friday, April 9, 2021 12:05:35 PM
To: Kim@spadylaw.com Kim@spadylaw.com; oama@lists.imla.org oama@lists.imla.org
Subject: [Oama] Re: Subpoena for law enforcement records in ongoing investigation?

But not an open record request, it’s a subpoena.

From: Kim@spadylaw.com Kim@spadylaw.com
Sent: Friday, April 9, 2021 12:00 PM
To: oama@lists.imla.org
Subject: [Oama] Re: Subpoena for law enforcement records in ongoing investigation?

[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe.

It’s in the Open Records Act.  Try 51 OS § 24A.8 and 24A.24.

[cid:image001.jpg@01D72D38.7EF62CC0]

CONFIDENTIALITY NOTE:

The information in this electronic mail, including attachments, is sent by, or on behalf of, an attorney and is intended to be the private confidential property of the sender. The materials are intended solely for the receipt, use, benefit and information of the recipient indicated above. This communication may be protected by the attorney-client privilege, the work-product privilege, or other legal rules. If the reader of this message is not the intended recipient, you are notified that retention, use, review, disclosure, copying, distribution, or the taking of any other action in reliance on the contents of this transmission or attachments is strictly prohibited. If you have received this transmission in error, please notify us immediately by electronic mail or telephone (405-542-6056) and arrange for the destruction or return of this transmission to us.  Thank you for your cooperation.

From: Teresa Nowlin <tnowlin@jenksok.orgmailto:tnowlin@jenksok.org>
Sent: Friday, April 9, 2021 11:51 AM
To: oama@lists.imla.orgmailto:oama@lists.imla.org
Subject: [Oama] Subpoena for law enforcement records in ongoing investigation?

Is anyone aware of a statute or case law that provides support for the assertion that law enforcement records relating to an ongoing criminal investigation should be considered “confidential” and protected from disclosure pursuant to a subpoena in a civil action?

Thanks!

Teresa Nowlin | City Attorney

211 North Elm | P.O Box 2007 | Jenks, OK 74037

918-299-5883 Office

It seems like this was discussed last year.The police investigative materials are not subject to an open records request.

Harlan S. Pinkerton, Jr.
900 N. McKinley
Sand Springs, OK 74063
H: 918-245-4527
C: 918-688-7465

-----Original Message-----
From: Teresa Nowlin tnowlin@jenksok.org
To: oama@lists.imla.org oama@lists.imla.org
Sent: Fri, Apr 9, 2021 11:51 am
Subject: [Oama] Subpoena for law enforcement records in ongoing investigation?

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