Active Criminal Investigative Data
Active criminal investigative data that are classified as not public may be released by a law enforcement agency under certain conditions:
- To another law enforcement agency to initiate or aid in an investigation (Subd. 24)
- To the public to aid law enforcement process, promote public safety, dispel widespread rumor/unrest (Subd. 15)
- To crime victims/legal representative (Advisory Opinion 11-015)
When Investigation Becomes Inactive
Most active criminal investigative data become public when the investigation becomes inactive.
A criminal investigation becomes inactive when any of the following occurs:
- A decision is made not to pursue case
- Time to bring a charge expires (i.e. statute of limitations reached)
- Appeal rights become exhausted, or a not guilty verdict reached
Exceptions
The following data retain a not public classification, and require redaction prior to public release, even when part of an inactive investigation:
- Images clearly offensive to common sensibilities
- Data that would jeopardize another ongoing investigation
- Certain financial account or transaction information
- Protected identities: Advisory Opinion 01-069, Advisory Opinion 03-042
- Undercover officers Advisory Opinion 12-013
- Criminal sexual conduct victims
- Informants if threat to personal safety
- Adult witness/victim, upon request, unless no threat to safety
- Mandated reporters
- Juvenile victim, upon request, unless no threat to safety
- Juvenile witness where subject matter justifies protection
- Delinquent/alleged delinquent juvenile
- 911 caller if agency believes would threaten personal safety or property; or reason for call is mental health emergency Advisory Opinion 01-050, Advisory Opinion 05-031
Classification of Dates of Birth (DOB) at Law Enforcement Agencies
Generally, DOB data are presumptively public in police reports. However, in classifying age-related data in two circumstances, the Legislature used separate terms. Under Minnesota Statutes, section 13.82, the Legislature specified that “age” of an arrestee (subdivision 2(j)), and “date of birth” of parties to a traffic accident (subdivision 6(k)), are explicitly public when there is an active investigation (and may not be protected under subdivision 7). The following guidance can assist law enforcement agencies (LEA) in responding to requests for age-related data in police reports.
Arrestees (adult and juvenile)
Active or inactive investigation:
LEAs may provide either the full DOB, or just the year, as the age of an arrestee (Advisory Opinion 17-002)
Parties involved in a traffic accident
Active or inactive investigation:
-
Adult: full date of birth is public
-
Juvenile: full date of birth is public, unless classified as private under Minnesota Statutes, section 260B.171, subdivision 5(d)
Witnesses/victims (adult and juvenile)
- Active investigation under subdivision 7: all date of birth data are confidential
- Inactive investigation under subdivision 7: all date of birth data are public, unless the identity is private as protected under subdivision 17
