Facts and Procedural History:

On May 24, 2006, IPAD received a letter dated May 17, 2006, from Robert Larson, Deputy Chief of the Moorhead Police Department. In his letter, Mr. Larson asked the Commissioner to issue an advisory opinion regarding the classification of certain data the City of Moorhead maintains. IPAD requested additional information and clarification, which IPAD received on June 19, 2006.

A summary of the facts is as follows. In his opinion request, Mr. Larson wrote:

The Moorhead Police Department has received a request to allow public access to a spreadsheet containing all active warrants in Clay County. The access could be allowed via our website and/or a crime update email newsletter with a link to the spreadsheet. The newsletter is sent to anyone who requests it.

The belief is that by allowing the public access to the list of active warrants, a public purpose would be served by receiving information from the public to apprehend offenders.

Currently, the spreadsheet contains the name, date of birth, last known address and the reason for the issued warrant. Any of the aforementioned items could be removed from the spreadsheet if necessary. The spreadsheet also includes all active warrants for the entire county.

The warrant information we are looking to use on our website is gathered from a query taken from the information entered and maintained in our local records management system. At the present time through a joint powers agreement with the Clay County Sheriff's Department they enter all warrants on persons that have been arrested by our agencies or have been cited/summoned, and filed to appear in court. This information is derived from the county attorney's office. This information is also submitted to the BCA.

Our query is formatted in an excel spreadsheet, and only utilized by officers at this time to locate persons with outstanding warrants against them. This spreadsheet contains the date of the warrant, description of the warrant, the name of the person, DOB, and last known address. This spreadsheet contains warrants issued on the behalf of both agencies.

Issue:

Based on Mr. Larson's opinion request, the Commissioner agreed to address the following issue:

Pursuant to Minnesota Statutes, Chapter 13, how are active warrants classified that are maintained by the City of Moorhead?

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Discussion:

Pursuant to Minnesota Statutes, section 13.03, subdivision 1, all government data are public unless otherwise classified.

Chapter 13 does not provide a specific classification for data in arrest warrants, i.e., the data in the actual warrant documents. Therefore, unless there is a court order limiting access, the data are public pursuant to section 13.03, subdivision 1.

Chapter 13, however, does provide a specific classification for data in arrest warrant indices. Subdivision 19 of section 13.82, provides, Data in arrest warrant indices are classified as confidential data until the defendant has been taken into custody, served with a warrant, or appears before the court, except when the law enforcement agency determines that the public purpose is served by making the information public.

Chapter 13 does not define the term warrant indices. Merriam Webster's Collegiate Dictionary, Tenth Edition, Merriam Webster's Incorporated, 1996, defines index as a list arranged usually in alphabetical order of some specified datum

Here, the City is interested in allowing access to a spreadsheet that contains a listing of active warrants. Mr. Larson wrote that the spreadsheet contains the name, date of birth, last known address, and reason for each warrant. In the Commissioner's opinion, this is a warrant index and the data contained therein are confidential, unless the City determines that the public purpose is served by making the information public.

The Legislature, in not defining the term public purpose, left law enforcement agencies with some discretion in determining when to publicly release data in arrest warrant indices. Here, Mr. Larson wrote that the City wants to release data to enlist the assistance of the public in apprehending offenders. This appears to be a valid and worthwhile reason. Thus, because the City has determined there is a public purpose for releasing the data, the City may exercise its discretion under 13.82, subdivision 19, and make data public. If the City has not already done so, the Commissioner recommends it document its determinations regarding these matters.

Finally, in his opinion request, Mr. Larson stated that the City maintains Clay County's warrant data pursuant to a joint powers agreement. The Commissioner does not have any details regarding the agreement and, therefore, is not in a position to comment as to whether the City can release any of the County's data.

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Opinion:

Based on the facts and information provided, my opinion on the issues that Mr. Larson raised is as follows:

Pursuant to Minnesota Statutes, section 13.82, subdivision 19, the City of Moorhead's listing of active arrest warrant data is confidential; however, the City may release the information as it has determined a public purpose is served. The data in the individual warrants are public pursuant to section 13.03, subdivision 1, unless there is a court order limiting access.

Signed:

Dana B. Badgerow
Commissioner

Dated: August 9, 2006

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