Minnesota § 626.8433 - EYEWITNESS IDENTIFICATION POLICIES REQUIRED
Full text of Minnesota Minnesota Statutes § 626.8433 — EYEWITNESS IDENTIFICATION POLICIES REQUIRED, with citation guidance and answers to common questions.
§ 626.8433. EYEWITNESS IDENTIFICATION POLICIES REQUIRED
Subdivision 1.Statewide model policy required.
By November 1, 2020, the board, in consultation with stakeholders, shall develop a model policy that articulates best practices in eyewitness identification and promotes uniform practices statewide. The board shall distribute this model policy to all chief law enforcement officers. At a minimum, the policy must require that:
(1) a person administering a live or photographic lineup be unaware of the suspect's identity, or if that is not practical, the administrator use a photographic lineup that prevents the administrator from seeing which member of the photographic lineup is being viewed by the eyewitness at a given time;
(2) before the procedure, the eyewitness be instructed that the perpetrator may or may not be in the lineup;
(3) nonsuspect "fillers" used in the lineup be substantially similar to the eyewitness' description of the perpetrator; and
(4) immediately after an identification is made, the eyewitness provide a statement in the eyewitness' own words that articulates the level of the eyewitness' confidence in the identification.
Subd. 2.Agency policies required.
By February 1, 2021, the chief law enforcement officers of every state and local law enforcement agency shall adopt and implement a written policy on eyewitness identification practices that is identical to or substantially similar to the model policy developed under subdivision 1.
Subd. 3.Admissibility of evidence not impacted.
Nothing in this section is intended to preclude the admissibility of any relevant evidence or to affect the standards governing the admissibility of evidence under the United States or Minnesota Constitution.
History:
Official Publication of the State of Minnesota
Revisor of Statutes
Source: official Minnesota text · Last verified 2026-08-27
Frequently Asked Questions About Minnesota § 626.8433
What does Minnesota Statutes § 626.8433 cover?
Section 626.8433 ("EYEWITNESS IDENTIFICATION POLICIES REQUIRED") is part of the Minnesota Statutes, the codified statutory law of Minnesota. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Minnesota § 626.8433?
A common citation format is "Minnesota Statutes § 626.8433" (Minnesota). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Minnesota law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Minnesota official source linked on this page or consult a licensed Minnesota attorney.
How does Minnesota § 626.8433 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Minnesota can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Minnesota.