4-505.01 - Use of Victim Photographs/Videos

Policy

Photographs and videos that are part of an active case investigation are not public and shall not be released to any individual or agency. Photographs and videos, which are part of an inactive case investigation involving one or more of the following situations, are private and may not be released to any individual or agency except as provided by state law:

• Sexual assault victim
• Child abuse victim
• Juvenile
• Depiction of images which are clearly offensive to the common sensibility
• Police personnel involved in inter-departmental or intra-departmental instruction on law enforcement-related issues who desire use of photographs or videos involving the above situations shall obtain permission from the bureau head in charge of the case. In all cases, the identity of the subjects of such photographs or videos shall be concealed. Employees shall not use photographs or videos for private purposes or enterprises. (11/15/13)

In addition, photographs and videos that reveal the identity of any of the following individuals is private and shall not be released to any individual or agency:

• Undercover law enforcement personnel;
• Paid or unpaid informants; and/or
• Victim or witness of a crime, if the victim/witness specifically requests that their identity not be revealed, and it has reasonably been determined by the agency that the release of such information may in fact pose a risk of threat to the victim or individual.

• Informant: People who give information to another, including Confidential Informant, and Confidential Reliable Informant
• Investigation: A structured process of gathering, examining, and evaluating facts and evidence to determine what occurred, assess compliance with laws and policies, and support appropriate actions or decisions.
• Juvenile: An individual who is under the age of eighteen (18) years.
• Sexual Assault: Sexual contact or penetration with another person in a criminal manner as identified in MN Statute sections 609.342 to 609.3451.