March 13, 2002; Crow Wing County
3/13/2002 10:15:43 AM
This is an opinion of the Commissioner of Administration issued pursuant to section 13.072 of Minnesota Statutes, Chapter 13 - the Minnesota Government Data Practices Act. It is based on the facts and information available to the Commissioner as described below.
Facts and Procedural History:On January 15, 2002, IPA received a letter from X and Y. In their letter, X and Y asked the Commissioner to issue an advisory opinion regarding their rights concerning certain data maintained by Crow Wing County. In response to X and Y's request, IPA, on behalf of the Commissioner, wrote to Dick Ross, Sheriff of Crow Wing County. The purposes of this letter, dated January 18, 2002, were to inform him of X and Y's request and to ask him to provide information or support for the County's position. IPA did not receive a response from the County. A summary of the facts of this matter follows. In letters dated August 9, 2000, Daniel A. Eller, attorney for X and Y, wrote to Sheriff Ross: Please be advised that I represent [X or Y] regarding the above referenced matter which was dismissed by the Crow Wing County Attorney Donald Ryan, on or about May 8, 2000. At this time, on behalf of [X or Y], I hereby demand returned to [X or Y] all finger and thumb prints, distinctive physical mark identification data and other identification [sic] along with copies and duplicates of them to my office. This request is made pursuant to Minn. Stat. 299C.11(d) [sic]. All charges were dismissed in this matter prior to the determination of probable cause. Which probable cause hearing was scheduled for May 22, 2000. According to X and Y, Crow Wing County did not respond to this request. Issues:In their request for an opinion, X and Y asked the Commissioner to address the following issues:
Discussion:Note: the Commissioner addresses the same issues, involving other government entities, in Advisory Opinions 02-008 and 02-010. Pursuant to Minnesota Statutes, section 299C.10, certain identification data such as finger and thumb prints, and photographs, etc., are required to be collected by law enforcement agencies under circumstances related to the arrest of an individual. Pursuant to section 299C.11(b), under certain conditions a government entity shall, upon demand, return to the arrested person finger and thumb prints, photographs, distinctive physical mark identification data, information on known aliases and street names, and other identification data, and all copies and duplicates of them. According to X and Y, Crow Wing County did not respond to their requests for the return of identification data to them. If, indeed, the conditions specified at section 299C.11(b), hold here, then Crow Wing County should return to X and Y, immediately, any finger and thumb prints, photographs, distinctive physical mark identification data, information on known aliases and street names, and other identification data, and all copies and duplicates of them that it maintains. Opinion:Based on the facts and information provided, my opinion on the issues raised by X and Y is as follows:
Signed: David F. Fisher
Dated: March 13, 2002 |
