Minnesota Statutes 626A.08 – Preservation of Material Obtained, Applications and Orders; Destruction
Subdivision 1.Material obtained.
Every part of any wire, oral, or electronic communication intercepted pursuant to this chapter shall be completely recorded on tape or wire or other comparable device and shall be done in such manner as will protect the recording from editing or other alterations. Immediately upon the expiration of the period of the order, or extensions thereof, such recordings shall be made available to the judge issuing such order and sealed under the judge’s directions. Custody of the recordings shall be wherever the judge orders. They shall not be destroyed except upon an order of the issuing or denying judge or a successor and in any event shall be kept for ten years. Duplicate recordings may be made for use or disclosure pursuant to the provisions of section 626A.09 for investigations. The presence of the seal provided for by this subdivision, or a satisfactory explanation for the absence thereof, shall be a prerequisite for the use or disclosure of the contents of any wire, electronic, or oral communication or evidence derived therefrom under section 626A.09.
Subd. 2.Application and orders.
Terms Used In Minnesota Statutes 626A.08
- Contents: when used with respect to any wire, electronic, or oral communication, includes any information concerning the substance, purport, or meaning of that communication. See Minnesota Statutes 626A.01
- Electronic communication: means transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photoelectronic, or photooptical system but does not include:
(1) a wire or oral communication;
(2) a communication made through a tone-only paging device; or
(3) a communication from a tracking device, defined as an electronic or mechanical device which permits the tracking of the movement of a person or object. See Minnesota Statutes 626A.01
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Oral communication: means any oral communication uttered by a person exhibiting an expectation that such communication is not subject to interception under circumstances justifying such expectation, but the term does not include any electronic communication. See Minnesota Statutes 626A.01
- Person: means any individual, partnership, corporation, joint stock company, trust, or association, including but not limited to, the subscriber to the telephone or telegraph service involved and any law enforcement officer. See Minnesota Statutes 626A.01
- seal: includes an impression thereof upon the paper alone, as well as an impression on a wafer, wax, or other substance thereto attached. See Minnesota Statutes 645.44
Terms Used In Minnesota Statutes 626A.08
- Contents: when used with respect to any wire, electronic, or oral communication, includes any information concerning the substance, purport, or meaning of that communication. See Minnesota Statutes 626A.01
- Electronic communication: means transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photoelectronic, or photooptical system but does not include:
(1) a wire or oral communication;
(2) a communication made through a tone-only paging device; or
(3) a communication from a tracking device, defined as an electronic or mechanical device which permits the tracking of the movement of a person or object. See Minnesota Statutes 626A.01
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Oral communication: means any oral communication uttered by a person exhibiting an expectation that such communication is not subject to interception under circumstances justifying such expectation, but the term does not include any electronic communication. See Minnesota Statutes 626A.01
- Person: means any individual, partnership, corporation, joint stock company, trust, or association, including but not limited to, the subscriber to the telephone or telegraph service involved and any law enforcement officer. See Minnesota Statutes 626A.01
- seal: includes an impression thereof upon the paper alone, as well as an impression on a wafer, wax, or other substance thereto attached. See Minnesota Statutes 645.44
(a) Applications made and warrants issued under this chapter shall be sealed by the judge. Custody of the applications and orders shall be wherever the judge directs. Such applications and orders shall be disclosed only upon a showing of good cause before a judge of the district court and shall not be destroyed except on order of the issuing or denying judge, and in any event shall be kept for ten years.
(b) Notwithstanding paragraph (a), the filing, sealing, and reporting requirements for applications made and warrants issued under this chapter that involve location information of electronic devices, as defined in section 626A.42, are governed by section 626A.42, subdivision 4. However, applications and warrants, or portions of applications and warrants, that do not involve location information of electronic devices continue to be governed by paragraph (a).
Subd. 3.Destruction of recordings.
When an order for destruction is issued the person directed to destroy such recordings shall do so in the presence of at least one witness not connected with a law enforcement office or agency, all of whom shall execute affidavits setting forth the facts and circumstances thereof. The affidavits shall be filed with and approved by the court having custody of the original warrant and supporting papers.
Subd. 4.Contempt.
Any violation of the provisions of this section may be punished as contempt of the issuing or denying judge.