Washington, DC

Summary:
Request for records of the OPC investigation with respect to Appellant’s complaint about MPD search of her apartment. The attorney-client privilege does not apply if the attorney is not employed by the government as an attorney. The Investigative Report may be redacted to protect the identity of the investigator, witnesses, and employees. An affidavit supporting a search warrant application was not exempt in its entirety, but could be redacted to protect identity of a witness and prevent disclosure of one investigative technique.

Exemption/Issue:

D.C. Official Code § 2-534(a)(4)(deliberative process privilege);

D.C. Official Code § 2-534(a)(4) (attorney-client privilege);

D.C. Official Code § 2-534(a)(2)(privacy);

D.C. Official Code § 2-534(a)(3)(D)(identity of a confidential source and the information supplied by the source);

D.C. Official Code § 2-534(a)(3)(E)(Investigative Techniques and procedures)

Disposition:

Upheld and reversed and remanded in part