Arrest, Search, Seizure, Warrant Can the police seize my journal?

[lmwalton]

I live in Minnesota. In 1985 I suffered a brain injury (T.B.I.), and since that time I have not been able to retain memory for very long. I keep a journal for my important memories.
What I need to know is - Can the police seize my journal. I ask this because I witnessed the death of a young woman. I wrote in my journal what I saw and about the person who caused her death. I want to be able to talk to the police like everyone else using my journal as an extension of my memory. There are so many other memories in my journal the police have no right to see. I feel if the police take my journal it would be like going into my brain and stealing. As a witness I am no good without my journal. Also are there any court rulings on this subject?

Thank You
lmwalton

 

[CdwJava]

The journal would be evidence and its seizure or use would be governed by the laws of evidence in your state.

If you give the police your journal, they will have it. If they seek a search warrant and obtain it by court order, they will also have it. They generally can't just nab it from you because they want to.

 

[army judge]

If you are unable to remember things, how are you able to recall this unusual death?

You could make a copy of the relevant portions if your "journal", redacting portions not applicable to the events being discussed.

You need not copy the writings from 20 years ago, just the recordings nearer to the tragic event in question!


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[CdwJava]

The police would not just want to see the redacted pages ... a defense attorney would almost certainly want to see such a thing as well. If the defense were to object, or were to wish to search for exculpatory evidence in the journals, the entire journal would be needed.

Is it possible that the state could get away with using the redacted or limited copies of pages? Sure. But, I can see a host of reasons why that is not likely. But, maybe.

The best bet would be to go to the police and see what comes of that.

 

[army judge]

OP, maybe you want to consult with an attorney about this before you proceed? You might want a trusted relative or friend with you, when you see the attorney!


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[army judge]

The police would not just want to see the redacted pages ... a defense attorney would almost certainly want to see such a thing as well. If the defense were to object, or were to wish to search for exculpatory evidence in the journals, the entire journal would be needed.

Is it possible that the state could get away with using the redacted or limited copies of pages? Sure. But, I can see a host of reasons why that is not likely. But, maybe.

The best bet would be to go to the police and see what comes of that.

The entire journal might have information that could get the OP in legal jeopardy, who knows?

Contacting the police without benefit of counsel could be problematic for the OP.


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[lmwalton]

I am sorry for not making myself clear. My memory degrades over time, after about 10 days the memory of an event is no longer intact enough for me to be able to truthfully and honestly give an account of events over 10 days or so old. Just bits of the memory will remain. At the end of each day I write in my journal just those things I want to retain. My Journal is my memory. Without the journal I would have a very hard time, I would be a mindless person. Let's say the police had the ability to go into a person's mind and extract that person's memory. Would that be alright? Maybe someday they will beable to do that. Would you or anyone else want the police or the goverment to have that power? My journal is just as important.

 

[CdwJava]

The entire journal might have information that could get the OP in legal jeopardy, who knows?

Contacting the police without benefit of counsel could be problematic for the OP.

Certainly a viable option.

All I am saying is that copies of the relevant pages and redacted copies of those provided are not likely to suffice. If I were a defense attorney, I would certainly want to see a sample of other observations to see if they were flights of fancy or real.

Imwalton, we understand why you need the journal and it would be like utilizing a police report to refresh your memory, I suppose. Unfortunately, without an independent recollection of the events, having a full and unredacted copy of the journal may be mandatory. I think we can all agree that you should contact the police. Certainly, if you have some embarrassing entries in the journal you should speak to an attorney first, but if you witnessed a homicide, that information really needs to be passed on.