City of Dayton v. Turner

This is an appeal from a judgment entered in a contempt proceeding in the Dayton Municipal Court, but the contempt order is dependent for validity upon an order overruling a motion to quash a subpoena duces tecum issued to the Internal Affairs Division of the Dayton Police Department. In support of its motion to quash, the city of Dayton contended that the internal affairs files of a police department are privileged from any disclosure, and this contention immediately brought into focus the delicate balance between governmental privilege and criminal due process.

In a comprehensive written…