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Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 21424
Experience:  Handle criminal matters in both state and federal courts.
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If I consult for a law enforcement agency in IOWA on a criminal

Customer Question

If I consult for a law enforcement agency in IOWA on a criminal case and they let me look at the case file and am not a law enforcement officer does that expose the agency to the Iowa Open Records law and therefore compromise this specific case?
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Samuel II replied 2 years ago.

Samuel-II : Hi
Samuel-II : If you are hired as a consultant, then the agency would not be subjected to allowing public view of files concerning an ongoing investigation.
Samuel-II : Open or ongoing investigations would be exempt from view to the public or those involved. But as a "hired hand" you would not fit into that category.
Customer:

I am an academic and the offer is to perform work for this agency on a pro bono basis. The case is an ongoing case albeit " a cold case".

Samuel-II : I see
Customer:

Does the fact of no money exchange complicate the matter?

Samuel-II : Well, as I stated, whether "cold case" or not, if it is deemed ongoing and open, then there open records will not affect it
Samuel-II : Your salary or lack thereof will not matter
Samuel-II : It is not about a paid consultant. It is a mere agreement that you will consult
Samuel-II : *then the open records law will not affect it
Samuel-II : As a consultant, pro bono or otherwise, you can be privy to an ongoing case. As a Cold Case that is not being opened, it is not available to the public, even by Open Records laws
Samuel-II : *now being opened.
Samuel-II : Geez, my fingers are getting crossed. I apologize.
Customer:

Ah so there need to be a documented consult agreement ?

Samuel-II : That would protect the agency, yes.
Samuel-II : It does not have to mention salary.
Samuel-II : It can just basically say you are being brought in to consult on this case and as such you will be provided with any and all information as it pertains to the case
Customer:

OK, that clears it up. Want to avoid the "cat out of the bag" theory or the peak behind the curtain argument.

Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 21424
Experience: Handle criminal matters in both state and federal courts.
Samuel II and 11 other Criminal Law Specialists are ready to help you
Customer: replied 2 years ago.
The answers to the questions that you pose are:
1. No
2. Yes
3. Yes.
Expert:  Samuel II replied 2 years ago.

Hi

 

Thank you. Can I provide you more information? If so, what ?

Customer: replied 2 years ago.
No I'm fine with the issue that I posed and your response.
Expert:  Samuel II replied 2 years ago.

Hi

 

Ok. Thank you.

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