Legal Question in Criminal Law in Minnesota

299C.11 in MN

I was asked to go to the sheriff�s office. I did so and was questioned by a detective; the questioning was recorded (audio and video). I was never arrested and the investigation was subsequently closed and no charges were filed.

The language in MN 299C.11 says �the arrested person�. Is this literal? Meaning, does the fact that I was not arrested negate my ability to make use of 299C.11?

Can I demand the return of the audio and video recordings to me, under 299C.11? The specific types of identifying data mentioned in the statue do not apply as I was never photographed or fingerprinted. But audio and video recordings would certainly identify me.

Can I demand the return of the audio and video recordings of the complainant to me under 299C.11? Those recordings would also indentify me of course.


Asked on 5/21/09, 1:53 pm

1 Answer from Attorneys
Maury Beaulier612.240.8005 Minnesota Lawyers

Re: 299C.11 in MN

First, the matter is likely considered an ongoing investigation. As such, any evidence would be retained by police.

Second, 299C.11 only applies to identification data such as fingerprints and photographs taken during booking or DNA in a case that is provided to the Bureau of criminal apprehension (BCA) . It does not included recorded statements or video statements that are part of an ivestigation and not part of a record at the BCA.

For a Free consultation call 612.240.8005.

Read more
Answered on 5/21/09, 10:39 pm


Related Questions & Answers

More Criminal Law questions and answers in Minnesota