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2006 Minnesota Statutes
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Chapter 626A
Section 626A.08
Topics
Recent History
- 2020 Subd. 2 Amended 2020 c 82 s 6
This is an historical version of this statute chapter. Also view the most recent published version.
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. 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.
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.
History: 1969 c 953 s 8; 1986 c 444; 1988 c 577 s 31,62; 1989 c 336 art 2 s 8; 1991
c 199 art 2 s 1
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. 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.
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.
History: 1969 c 953 s 8; 1986 c 444; 1988 c 577 s 31,62; 1989 c 336 art 2 s 8; 1991
c 199 art 2 s 1
Official Publication of the State of Minnesota
Revisor of Statutes