Are Mug Shot Websites Conducting a Form of Legal Extortion?

Mug shots most often capture people at their lowest moment. Anyone that ends up in the unfortunate situation of having their mug shot taken would most likely not want the photos to be spread around for thousands of other people to see. However, there are now several websites that use booking photos or mug shots to make a profit. Here’s how it works: Website staff members comb through police releases and post peoples’ mug shots, often under the guise of being virtuous and anti-crime. If a person wants their mug shot removed from the site, they’ll have to pay up.

One specific site that targets Minnesota arrestees charges $100 to scrub the photos from Google and remove them from the website immediately. A payment of $75 will get the photos taken down after three days, and $50 will allow the photos to be removed after five days. Other sites have been known to charge as much as $1,800 to remove the photos from the Internet. Without payment, most sites will not remove the photos for any reason – even when charges against the arrestee are dismissed or dropped.

The practice is completely legal, however. Mug shots are public information and websites can post them according to the Minnesota Data Practices Act. A spokesperson from one of the sites stated that the practice has been unfairly maligned in the press and that profiting from mug shots is no different from newspapers that profit from public records. He states that sites like his are important crime-fighting tools that are protected by the First Amendment.

A Dakota County sheriff has stated that the sites are essentially legalized extortion. However, he admits that mug shots are public information that must be provided to anyone requesting them. Minnesota legislators are currently looking into methods that might curb the practice while maintaining the sites’ freedom of speech.

It’s debatable whether sites like these are comprised of extortionists that prey on people who are already in trouble or shrewd businesspeople that also provide an anti-crime service. Minnesota courts will ultimately decide their fate if the websites are ever taken to trial.

Source: startribune.com, “Arrestees pay heavy price to keep photos off Internet” Abby Simons, Nov. 23, 2013

Max Keller has won countless jury trial cases involving misdemeanors and felonies, sex crimes, and DWI’s. He is a member of the Minnesota Society for Criminal Justice, which only allows the top 50 criminal defense attorneys in the state as members. Max is a frequent speaker at CLE’s and is often asked for advice by other defense attorneys across Minnesota.

Years of Experience: Approx. 20 years
Minnesota Registration Status: Active
Bar & Court Admissions: State of Minnesota Minnesota State Court Minnesota Federal Court 8th Circuit Federal Court of Appeals State of Maryland

What to Do If You Have Been Charged with a Criminal Offense

How a DWI Affects CDL Holders in Minnesota

Commercial motor vehicle drivers arrested or charged with driving while impaired (DWI) may need to know how a DWI affects CDL holders in Minnesota. You will lose your Commercial Driver’s License (CDL) for at least a year if you are convicted of DWI for the first time, and forever after a second conviction. The consequences go beyond the immediate legal implications of a DWI conviction. A CDL suspension or revocation will lead to job loss, difficulty finding employment, and serious financial challenges.

How a DWI Affects Rideshare Drivers in Minnesota

Knowing how a DWI affects rideshare drivers in Minnesota allows you to take the right steps to protect your license and livelihood. A DWI conviction will lead to suspension or cancellation of your driver’s license. Once you lose your license, you will be ineligible for a work permit required to work for rideshare companies as a driver. You may also face jail time, fines, or ignition interlock device (IID) installation, depending on the seriousness and number of related offenses on your record.

Can Police Search Your Phone Without a Warrant in Minnesota?

People under criminal investigation or whose phones have been seized by law enforcement officers may ask, “Can police search your phone without a warrant in Minnesota?” It’s illegal for police to search your phone without a warrant. However, there are exceptions to the warrant requirement. These exceptions include when you consent to the search, someone’s life is in danger, or there is an immediate risk of evidence destruction.