Bill Text: MN HF1994 | 2013-2014 | 88th Legislature | Engrossed
Bill Title: Law enforcement agencies prohibited from using unmanned aerial cameras to gather evidence on individuals without a warrant or imminent threat.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2014-03-19 - Committee report, to adopt as amended and re-refer to Judiciary Finance and Policy [HF1994 Detail]
Download: Minnesota-2013-HF1994-Engrossed.html
1.2relating to public safety; prohibiting law enforcement agencies from using
1.3unmanned aerial cameras to gather evidence in certain circumstances; authorizing
1.4civil actions;proposing coding for new law in Minnesota Statutes, chapter 626.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. [626.19] SEARCHES AND SEIZURES USING A DRONE.
1.7 Subdivision 1. Definitions. (a) As used in this section, the following terms have
1.8the meanings given.
1.9(b) "Unmanned aerial camera" or "UAC" means a powered, aerial vehicle with
1.10a camera that:
1.11(1) does not carry a human operator;
1.12(2) uses aerodynamic forces to provide vehicle lift;
1.13(3) can fly autonomously or be piloted remotely; and
1.14(4) can be expendable or recoverable.
1.15(c) "Law enforcement agency" has the meaning given in section 626.84, subdivision
1.161, paragraph (f).
1.17 Subd. 2. Prohibited use of drones. A law enforcement agency may not use a UAC
1.18to gather evidence or other information on individuals.
1.19 Subd. 3. Exceptions. This section does not prohibit the use of a UAC:
1.20(1) to counter a high risk of a terrorist attack by a specific individual or organization
1.21if the secretary of the United States Department of Homeland Security determines that
1.22credible intelligence indicates that there is this risk;
1.23(2) if the law enforcement agency first obtains a search warrant authorizing its use;
2.1(3) if the law enforcement agency possesses reasonable suspicion that, under
2.2particular circumstances, swift action is needed to prevent imminent danger to life or
2.3serious damage to property, or to forestall the imminent escape of a suspect or the
2.4destruction of evidence; or
2.5(4) to prevent the loss of life and property in natural or man-made disaster situations
2.6and to facilitate the operational planning, rescue, and recovery operations in the aftermath
2.7of those disasters.
2.8 Subd. 4. Remedies for violation. A person aggrieved by a law enforcement
2.9agency's violation of this section may bring a civil action against the agency.
2.10 Subd. 5. Prohibition on use of evidence. Evidence obtained or collected in
2.11violation of this section is not admissible in a criminal prosecution in this state.
1.3unmanned aerial cameras to gather evidence in certain circumstances; authorizing
1.4civil actions;proposing coding for new law in Minnesota Statutes, chapter 626.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. [626.19] SEARCHES AND SEIZURES USING A DRONE.
1.7 Subdivision 1. Definitions. (a) As used in this section, the following terms have
1.8the meanings given.
1.9(b) "Unmanned aerial camera" or "UAC" means a powered, aerial vehicle with
1.10a camera that:
1.11(1) does not carry a human operator;
1.12(2) uses aerodynamic forces to provide vehicle lift;
1.13(3) can fly autonomously or be piloted remotely; and
1.14(4) can be expendable or recoverable.
1.15(c) "Law enforcement agency" has the meaning given in section 626.84, subdivision
1.161, paragraph (f).
1.17 Subd. 2. Prohibited use of drones. A law enforcement agency may not use a UAC
1.18to gather evidence or other information on individuals.
1.19 Subd. 3. Exceptions. This section does not prohibit the use of a UAC:
1.20(1) to counter a high risk of a terrorist attack by a specific individual or organization
1.21if the secretary of the United States Department of Homeland Security determines that
1.22credible intelligence indicates that there is this risk;
1.23(2) if the law enforcement agency first obtains a search warrant authorizing its use;
2.1(3) if the law enforcement agency possesses reasonable suspicion that, under
2.2particular circumstances, swift action is needed to prevent imminent danger to life or
2.3serious damage to property, or to forestall the imminent escape of a suspect or the
2.4destruction of evidence; or
2.5(4) to prevent the loss of life and property in natural or man-made disaster situations
2.6and to facilitate the operational planning, rescue, and recovery operations in the aftermath
2.7of those disasters.
2.8 Subd. 4. Remedies for violation. A person aggrieved by a law enforcement
2.9agency's violation of this section may bring a civil action against the agency.
2.10 Subd. 5. Prohibition on use of evidence. Evidence obtained or collected in
2.11violation of this section is not admissible in a criminal prosecution in this state.
