I am still sceptical about the bodycam footage coming out without someone filing a very good request (or a lawsuit) and presenting an argument that there is a legit public interest in the footage based on accusations made by Nick Rekieta about police corruption, misconduct, planting of evidence and transference of drugs to his daughter by police officers.
Let me explain why.
Police-Worn Body Camera Data
Classification, Access, and Retention
Body cam data are generally private/nonpublic, except when the data are active criminal investigative data. (§ 13.825, subd. 2(a)(3))
Bodycam footage is it not available to the public in general. This still applies to the Rekieta footage, so not just anyone can request it.
Active criminal investigative body cam data are confidential/protected nonpublic. (§ 13.825, subd. 2(a)(3); § 13.82, subd. 7)
Footage used in a criminal investigation is confidential and protected non-public. This no longer applies to the Rekieta footage, is moved into the above catergory now.
Body cam data presented as evidence in court are public (§ 13.82, subd. 7; Advisory Opinion 22-003)
It was never presented in court, so this does not apply.
Body camera data that document an incident when an individual dies as a result of use of force by a peace officer are public no later than 14 days after the incident. If the chief law enforcement officer asserts in writing that the public classification would interfere with an ongoing investigation, then the data remain classified by 13.82 subd. 7. (Minn. Stat. sec. 13.82 subd. 2(d))
If an individual dies as a result of a use of force by a peace officer, the officer's law enforcement agency must allow certain individuals upon request to inspect all body camera data within five day of the request. Individuals who may request and inspect this data within five days include the deceased individual's next of kin, the legal representative of the deceased individual's next of kin, and the the other parent of the deceased individual's child. (Minn. Stat. sec. 13.825 subd. 2(b))
This exception for body cam footage to become public only applies for shootings, so it is irrelevant for the Rekieta footage.
After an investigation is complete, body cam data are public if they document an incident where an officer discharges a weapon in the course of duty (not including training or killing an animal) and the data must be retained for at least one year. (§ 13.825, subd. 2, 3)
After an investigation is complete, body cam data are public if the recording documents the use of force by a peace officer that results in substantial bodily harm and the data must be retained for at least one year. (§ 13.825, subd. 2, 3)
Body camera data that document a peace officer's use of deadly force must be maintained indefinitely. (Minn. Stat. sec. 13.825 subd. 3(c))
More rules for retaining and making available body cam footage pertaining to officer involved shootings and deadly force. This does not apply either.
Body cam data that are not active or inactive criminal investigative data must be retained for at least 90 days. (§ 13.825, subd. 3)
Rule for retaining of bodycam data, irrelevant for us pertaining to the release, but important to know because the footage could be deleted, not sure how exactly a case that is stayed is handled here, I would expect it must be retained as evidence.
Body cam data that are public personnel data under § 13.43, subd. 2 remain public. (§ 13.825, subd. 2(a)(4))
Rules pertaining public personnel data, irrelevant for the bodycam footage related to a criminal case.
Whether law enforcement used a body cam (or any portable recording system) is public in the context of arrest data (§ 13.82, subd. 2) and response or incident data. (§ 13.82, subd. 6)
Only handles if a bodycam footage was worn during the arrest, and that this information must be made public in arrest and incident data.
There is a single exception that could lead to victory here, and that is making a well written argument, with necessary evidence attached, that the release of the footage would help to "dispel rumors" under
§ 13.82, subd. 15.
Subd. 15.
Any law enforcement agency may make any data classified as confidential or protected nonpublic pursuant to subdivision 7 or as private or nonpublic under section 13.825 or 626.19 accessible to any person, agency, or the public if the agency determines that the access will aid the law enforcement process, promote public safety, or dispel widespread rumor or unrest.
@Null I hope your new request reference the necessary sections and has all of Nick's lies attached as a neat bundle and explains why it is important to show the entire bodycam footage to dispell his lies.
Also, as a sidenote. April cannot release the entire footage, as the agency is only allowed to release parts of the footage to her that pertain to her, not the entire recording of the search.
A law enforcement agency should only provide the data subject with the portions of the footage where the subject can be seen or heard. Minnesota Statutes section 13.825 classifies data, and not full videos. Most inactive body cam data are classified as private, and individuals are permitted to access private data about themselves. As a result, only the data in the video that have the image or voice of the individual are private data on the subject and available to them, not the full video.
