388.23 COUNTY ATTORNEY; ADMINISTRATIVE SUBPOENAS.
Subdivision 1. Authority.
The county attorney, or any deputy or assistant county attorney
whom the county attorney authorizes in writing, has the authority to subpoena and require the
production of any records of telephone companies, cellular phone companies, paging companies,
subscribers of private computer networks including Internet service providers or computer
bulletin board systems, electric companies, gas companies, water utilities, chemical suppliers,
hotels and motels, pawn shops, airlines, buses, taxis, and other entities engaged in the business
of transporting people, and freight companies, warehousing companies, self-service storage
facilities, package delivery companies, and other entities engaged in the businesses of transport,
storage, or delivery, and records of the existence of safe deposit box account numbers and
customer savings and checking account numbers maintained by financial institutions and safe
deposit companies, insurance records relating to the monetary payment or settlement of claims,
and wage and employment records of an applicant or recipient of public assistance who is the
subject of a welfare fraud investigation relating to eligibility information for public assistance
programs. Subpoenas may only be issued for records that are relevant to an ongoing legitimate
law enforcement investigation. Administrative subpoenas may only be issued in welfare fraud
cases if there is probable cause to believe a crime has been committed. This provision applies only
to the records of business entities and does not extend to private individuals or their dwellings.
Subd. 2. Enforcement.
The subpoena shall be enforceable through the district court.
Subd. 3. Expenses.
The person directed to produce the records shall be paid reasonable
expenses incurred in producing the records.
Subd. 4. Disclosure prohibited.
The subpoena must state that the person to whom the
subpoena is directed may not disclose the fact that the subpoena was issued or the fact that the
requested records have been given to law enforcement personnel except:
(1) insofar as the disclosure is necessary to find and disclose the records; or
(2) pursuant to court order.
Subd. 5. Penalty.
The willful failure to produce the documents required by the subpoena is
Subd. 6. Ex parte order.
Upon the ex parte request of the attorney issuing the subpoena, the
district court may issue an order directing the production of the records. It is not necessary for
either the request or the order to be filed with the court administrator. Failure to comply with the
court order subjects the person who fails to comply to civil or criminal contempt of court, or both.
History: 1989 c 336 art 2 s 2; 1992 c 569 s 24; 1993 c 326 art 7 s 10; 1Sp1993 c 1 art 6 s
41; 1994 c 636 art 2 s 10; 1997 c 85 art 5 s 25; 1997 c 239 art 3 s 3; 2001 c 197 s 3