Bill Text: MN HF2553 | 2013-2014 | 88th Legislature | Engrossed
Bill Title: Government required to secure a search warrant for the use of unmanned aerial vehicles, and law enforcement required to secure a search warrant in order to receive electronic device location information.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2014-03-19 - Committee report, to adopt as amended and re-refer to Judiciary Finance and Policy [HF2553 Detail]
Download: Minnesota-2013-HF2553-Engrossed.html
1.2relating to public safety; requiring the government to secure a search warrant for
1.3the use of unmanned aerial vehicles except in specific circumstances; requiring
1.4law enforcement to secure a search warrant in order to receive electronic device
1.5location information; amending Minnesota Statutes 2012, section 626A.28,
1.6subdivision 3; proposing coding for new law in Minnesota Statutes, chapters
1.7626; 626A.
1.8BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.9 Section 1. [626.19] USE OF UNMANNED AERIAL VEHICLES.
1.10 Subdivision 1. Definitions. (a) For the purposes of this section, the terms in this
1.11subdivision have the meanings given them.
1.12(b) "Adverse result" means:
1.13(1) endangering the life or physical safety of an individual;
1.14(2) flight from prosecution;
1.15(3) destruction of or tampering with evidence;
1.16(4) intimidation of potential witnesses; or
1.17(5) otherwise seriously jeopardizing an investigation or unduly delaying a trial.
1.18(c) "Governmental entity" means any entity of the state executive, legislative,
1.19or judicial branches; the University of Minnesota; the Minnesota State Colleges and
1.20Universities; and local entities including, but not limited to, a county; home rule, charter, or
1.21statutory city; town; school district; metropolitan or regional agency; public corporation;
1.22political subdivision; or special district as defined in section 6.465, subdivision 3.
1.23(d) "Unmanned aerial vehicle" or "UAV" means a powered, aerial vehicle that:
1.24(1) does not carry a human operator;
1.25(2) can fly autonomously or be piloted remotely; and
2.1(3) can be expendable or recoverable.
2.2 Subd. 2. Use of unmanned aerial vehicles limited. Except as provided in
2.3subdivision 3, a governmental entity may not operate an unmanned aerial vehicle without
2.4a search warrant.
2.5 Subd. 3. Exceptions. (a) A governmental entity may operate an unmanned aerial
2.6vehicle and disclose information collected from such operation in an emergency situation
2.7that involves an imminent threat to the life or safety of a person. A governmental entity
2.8that deploys a UAV pursuant to this paragraph must document the factual basis for the
2.9emergency on a form created for that purpose by the Bureau of Criminal Apprehension and
2.10submit a sworn statement with the district court setting forth the grounds for the emergency
2.11use not later than 48 hours after operation of an unmanned aerial vehicle commenced.
2.12(b) A governmental entity may operate an unmanned aerial vehicle to counter a
2.13high risk of a terrorist attack by a specific individual or organization if the secretary of
2.14the United States Department of Homeland Security determines that credible intelligence
2.15indicates that there is this risk.
2.16(c) A governmental entity may operate an unmanned aerial vehicle to collect
2.17information from a public area if a court, upon motion, determines that there are specific
2.18and articulable facts demonstrating reasonable suspicion of criminal activity, that the
2.19operation of the public unmanned aircraft system will uncover such activity, and that
2.20alternative methods of data collection are either cost-prohibitive or present a significant
2.21risk to any person's bodily safety. Such an order shall not be issued for a period greater
2.22than 48 hours. Extensions of an order may be granted but shall be no longer than the
2.23authorizing judge deems necessary to achieve the purposes for which it was granted
2.24and in no event for longer than 30 days.
2.25(d) A governmental entity may operate an unmanned aerial vehicle to prevent the
2.26loss of life and property in natural or man-made disaster situations and to facilitate the
2.27operational planning, rescue, and recovery operations in the aftermath of those disasters.
2.28(e) A governmental entity may operate an unmanned aerial vehicle for non-law
2.29enforcement purposes. Information and images gathered when a governmental entity acts
2.30under this paragraph may not be used for intelligence purposes or admitted as evidence in
2.31a legal, regulatory, or administrative matter unless consensual disclosure is authorized
2.32under subdivision 5.
2.33 Subd. 4. Limitations on use. (a) A governmental entity operating a UAV must fully
2.34comply with all Federal Aviation Administration requirements and guidelines.
2.35(b) Acquisition of unmanned aerial vehicles must be approved by the governmental
2.36entity's legislative body.
3.1(c) A UAV shall be operated in a manner to collect data only on a clearly and
3.2narrowly defined target and to avoid data collection on individuals, homes, or areas other
3.3than the defined target.
3.4(d) A governmental entity may not deploy facial recognition or other biometric
3.5matching technology via a UAV unless expressly authorized to do so through a court order.
3.6(e) Unmanned aerial vehicles may not be equipped with weapons.
3.7 Subd. 5. Consensual disclosure of information. Notwithstanding subdivision
3.86, paragraph (b), a governmental entity may disclose or receive information about any
3.9person acquired through the operation of an unmanned aerial vehicle if such person has
3.10given written consent to such disclosure.
3.11 Subd. 6. Data retention and classification. (a) No data collected on an individual,
3.12home, or area other than the subject identified in the warrant or order may be used,
3.13copied, or disclosed for any purpose except as provided in subdivision 5. Notwithstanding
3.14sections 138.163 and 138.17, the data must be deleted as soon as possible, and in no
3.15event later than 24 hours after collection.
3.16(b) Data collected pursuant to this section shall be classified as criminal investigative
3.17data under section 13.82, subdivision 7.
3.18 Subd. 7. Evidence. Information obtained or collected by a governmental entity in
3.19violation of this section is not admissible as evidence in a criminal prosecution in any
3.20court of law in this state.
3.21 Subd. 8. Notice. (a) Notice must be given to the subject of a search warrant or
3.22order issued under this section.
3.23(b) Unless delayed notice is ordered under paragraph (c), the governmental entity
3.24shall provide notice to the subject within three days of completing surveillance with a
3.25UAV. The notice must be made by service or delivered by registered or first class mail,
3.26e-mail, or any other means reasonably calculated to be effective as specified by the court
3.27issuing the warrant. The notice must contain the following information:
3.28(1) the nature of the law enforcement inquiry, with reasonable specificity;
3.29(2) the time period that the subject was under surveillance by a UAV; and
3.30(3) whether the notification was delayed pursuant to paragraph (c) and, if so, the
3.31court that granted the delay and the reasons for granting the delay.
3.32(c) A governmental entity may include in the application for a warrant a request for
3.33an order to delay the notification required under this section for a period not to exceed
3.34ten days. The court shall issue the order if the court determines that there is reason to
3.35believe that notification may have an adverse result. Upon expiration of the period of
3.36delay granted under this subdivision and any extension granted under paragraph (d),
4.1the governmental entity shall provide the subject a copy of the warrant together with a
4.2notice pursuant to paragraph (b).
4.3(d) The court, upon application, may grant one or more extensions of orders granted
4.4under paragraph (c) for up to an additional ten days.
4.5 Subd. 9. Remedies for violation. A person aggrieved by a governmental entity's
4.6violation of this section may bring a civil action against the governmental entity.
4.7 Subd. 10. Reporting. (a) In June of each year, each governmental entity that uses
4.8unmanned aerial vehicles shall report to the legislature and make public on its Web site:
4.9(1) the number of times an unmanned aerial vehicle was used, organized by the types
4.10of incidents and the types of justification for deployment;
4.11(2) the number of criminal investigations aided by the use of unmanned aerial
4.12vehicles, including a description of how the unmanned aerial vehicle was helpful to each
4.13investigation;
4.14(3) the number of uses of unmanned aerial vehicles for reasons other than criminal
4.15investigations, including a description of how the unmanned aerial vehicle was helpful in
4.16each instance;
4.17(4) the frequency and type of data collected on individuals or areas other than
4.18targets; and
4.19(5) the total cost of the entity's unmanned aerial vehicle program.
4.20(b) In January of each year, any judge who has issued a warrant or order under this
4.21section that expired during the preceding year, or who has denied approval during that
4.22year, shall report to the state court administrator:
4.23(1) the fact that an order or extension was applied for;
4.24(2) the kind of order or extension applied for;
4.25(3) the fact that the order or extension was granted as applied for, was modified,
4.26or was denied;
4.27(4) the period of unmanned aerial vehicle use authorized by the order, and the
4.28number and duration of any extensions of the order;
4.29(5) the offense specified in the order or application, or extension of an order; and
4.30(6) the identity of the applying governmental entity making the application and the
4.31person authorizing the application.
4.32(c) In June of each year, the state court administrator shall transmit to the legislature
4.33and post on the Supreme Court's Web site a full and complete report concerning the
4.34number of applications for orders authorizing or approving operation of unmanned aerial
4.35vehicles or disclosure of information from the operation of unmanned aerial vehicles
4.36pursuant to this section and the number of orders and extensions granted or denied pursuant
5.1to this section during the preceding calendar year. The report shall include a summary and
5.2analysis of the data required to be filed with the state court administrator by paragraph (b).
5.3 Sec. 2. Minnesota Statutes 2012, section 626A.28, subdivision 3, is amended to read:
5.4 Subd. 3. Records concerning electronic communication service or remote
5.5computing service. (a) Except as provided in paragraph (b) or chapter 325M, a provider
5.6of electronic communication service or remote computing service may disclose a record
5.7or other information pertaining to a subscriber to or customer of the service, not including
5.8the contents of communications covered by subdivision 1 or 2, or location information
5.9covered by section 626A.42, to any person other than a governmental entity.
5.10(b) A provider of electronic communication service or remote computing service
5.11may disclose a record or other information pertaining to a subscriber to or customer of the
5.12service, not including the contents of communications covered by subdivision 1 or 2, to a
5.13governmental entity only when the governmental entity:
5.14(1) uses an administrative subpoena authorized by statute, or a grand jury subpoena;
5.15(2) obtains a warrant;
5.16(3) obtains a court order for such disclosure under subdivision 4; or
5.17(4) has the consent of the subscriber or customer to the disclosure.
5.18(c) A governmental entity receiving records or information under this subdivision is
5.19not required to provide notice to a subscriber or customer.
5.20 Sec. 3. [626A.42] ELECTRONIC DEVICE LOCATION INFORMATION.
5.21 Subdivision 1. Definitions. (a) The definitions in this subdivision apply to this
5.22section.
5.23(b) An "adverse result" occurs when notification of the existence of a search warrant
5.24results in:
5.25(1) danger to the life or physical safety of an individual;
5.26(2) a flight from prosecution;
5.27(3) the destruction of or tampering with evidence;
5.28(4) the intimidation of potential witnesses; or
5.29(5) serious jeopardy to an investigation or undue delay of a trial.
5.30(c) "Electronic communication service" has the meaning given in section 626A.01,
5.31subdivision 17.
5.32(d) "Electronic device" means a device that enables access to or use of an electronic
5.33communication service, remote computing service, or location information service.
6.1(e) "Government entity" means a state or local agency including, but not limited to,
6.2a law enforcement entity or any other investigative entity, agency, department, division,
6.3bureau, board, or commission or an individual acting or purporting to act for or on behalf
6.4of a state or local agency.
6.5(f) "Location information" means information concerning the location of an
6.6electronic device that, in whole or in part, is generated or derived from or obtained by the
6.7operation of an electronic device.
6.8(g) "Location information service" means the provision of a global positioning
6.9service or other mapping, locational, or directional information service.
6.10(h) "Remote computing service" has the meaning given in section 626A.34.
6.11 Subd. 2. Search warrant required for location information. (a) Except as
6.12provided in paragraph (b), a government entity may not obtain the location information of
6.13an electronic device without a search warrant. A search warrant granting access to location
6.14information must be issued only if the government entity shows that there is probable
6.15cause that the person who possesses an electronic device is committing, has committed, or
6.16is about to commit a felony-level offense or a qualified domestic violence-related offense,
6.17as defined in section 609.02, subdivision 16.
6.18(b) A government entity may obtain location information without a search warrant:
6.19(1) when the electronic device is reported lost or stolen by the owner;
6.20(2) in order to respond to the user's call for emergency services;
6.21(3) with the informed, affirmative consent of the owner or user of the electronic
6.22device;
6.23(4) with the informed, affirmative consent of the legal guardian or next of kin of
6.24the owner or user, if the owner or user is believed to be deceased or reported missing and
6.25unable to be contacted; or
6.26(5) when an emergency involving immediate danger of death or serious physical
6.27injury to any person requires obtaining information relating to the emergency without
6.28delay, and the search is narrowly tailored to address the emergency.
6.29(c) A government entity exercising the warrantless emergency search authority under
6.30paragraph (b), clause (5), must document the basis for determining that an emergency
6.31involving immediate danger of death or serious physical injury to a person requires
6.32obtaining, without delay, location information relating to the emergency and, not later
6.33than 48 hours after the date on which the government entity obtains access to location
6.34information, the government entity shall file with the appropriate court a signed, sworn
6.35statement of a supervisory official setting forth the grounds for the emergency access.
7.1 Subd. 3. Notice. (a) Notice must be given to the owner or user of an electronic
7.2device whose location information was obtained by a government entity.
7.3(b) Unless delayed notice is ordered under paragraph (c), the government entity
7.4shall provide notice to the owner or user that location information was obtained by the
7.5government entity from that owner's or user's electronic device within three days of
7.6obtaining the location information. The notice must be made by service or delivered
7.7by registered or first class mail, e-mail, or any other means reasonably calculated to be
7.8effective as specified by the court issuing the warrant. The notice must contain the
7.9following information:
7.10(1) the nature of the law enforcement inquiry, with reasonable specificity;
7.11(2) the location information of the owner or user that was obtained by, supplied to,
7.12or requested by the government entity and the date on which it was obtained, provided,
7.13or requested;
7.14(3) if location information was obtained from a provider of electronic communication
7.15service or other third party, the identity of the provider of electronic communication
7.16service or the third party from whom the information was obtained; and
7.17(4) whether the notification was delayed pursuant to paragraph (c) and, if so, the
7.18court that granted the delay and the reasons for granting the delay.
7.19(c) A government entity may include in the application for a warrant a request
7.20for an order to delay the notification required under this subdivision for a period not to
7.21exceed ten days. The court shall issue the order if the court determines that there is reason
7.22to believe that notification may have an adverse result. Upon expiration of the period of
7.23delay granted under this subdivision and any extension granted under paragraph (e), the
7.24government entity shall provide the owner or user a copy of the warrant together with a
7.25notice pursuant to paragraph (b).
7.26(d) A government entity may include in its application for a warrant a request for
7.27an order directing a provider of electronic communication service to which a warrant is
7.28directed not to notify any other person of the existence of the warrant for a period of not
7.29more than ten days. The court shall issue the order if the court determines that there is
7.30reason to believe that notification of the existence of the warrant may have an adverse result.
7.31(e) The court, upon application, may grant one or more extensions of orders granted
7.32under paragraph (c) or (d) for up to an additional ten days.
7.33 Subd. 4. Reporting requirements. (a) By January 31 of each calendar year, any
7.34judge issuing or denying a warrant or receiving a report of emergency access to location
7.35information under subdivision 2 during the preceding calendar year shall report on each
7.36warrant or notice of emergency access to the state court administrator:
8.1(1) the date the warrant was applied for or the notice was received;
8.2(2) the agency making the application or notice;
8.3(3) the offense, if any, specified in the warrant application, warrant, or notice;
8.4(4) the nature of the facilities from which, the place where, or the technique by
8.5which location information was to be obtained;
8.6(5) the expected number of devices about which location information was obtained;
8.7(6) whether the warrant was granted as applied for, was modified, or was denied; and
8.8(7) the period of disclosures authorized by the warrant, and the number and duration
8.9of any extensions of the warrant.
8.10(b) In June of each year, beginning in 2014, the state court administrator shall
8.11transmit to the legislature a full and complete record concerning the number of applications
8.12for warrant authorizing or requiring the disclosure of location information, the number of
8.13times access to location information was obtained pursuant to subdivision 2, paragraph
8.14(b), clause (5), and the number of notices of emergency access received under subdivision
8.152, paragraph (b), during the preceding calendar year. The report shall include a summary
8.16and analysis of the data required to be filed with the state court administrator by paragraph
8.17(a). The state court administrator is authorized to issue binding regulations dealing with
8.18the content and form of the reports required to be filed by paragraph (a).
8.19(c) In June of each year, beginning in 2014, a nonclassified summary of the report
8.20shall be made publicly available on the Web site for the state court administrator.
8.21 Subd. 5. Prohibition on use of evidence. (a) Except as proof of a violation of
8.22this section, no evidence obtained in violation of this section shall be admissible in any
8.23criminal, civil, administrative, or other proceeding.
8.24(b) Any location information obtained pursuant to this chapter or evidence derived
8.25therefrom shall not be received in evidence or otherwise disclosed in any trial, hearing,
8.26or other proceeding in a federal or state court unless each party, not less than ten days
8.27before the trial, hearing, or proceeding, has been furnished with a copy of the warrant,
8.28and accompanying application, under which the information was obtained. This ten-day
8.29period may be waived by the judge if the judge finds that it was not possible to furnish a
8.30party with the required information ten days before the trial, hearing, or proceeding and
8.31that a party will not be prejudiced by the delay in receiving such information.
1.3the use of unmanned aerial vehicles except in specific circumstances; requiring
1.4law enforcement to secure a search warrant in order to receive electronic device
1.5location information; amending Minnesota Statutes 2012, section 626A.28,
1.6subdivision 3; proposing coding for new law in Minnesota Statutes, chapters
1.7626; 626A.
1.8BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.9 Section 1. [626.19] USE OF UNMANNED AERIAL VEHICLES.
1.10 Subdivision 1. Definitions. (a) For the purposes of this section, the terms in this
1.11subdivision have the meanings given them.
1.12(b) "Adverse result" means:
1.13(1) endangering the life or physical safety of an individual;
1.14(2) flight from prosecution;
1.15(3) destruction of or tampering with evidence;
1.16(4) intimidation of potential witnesses; or
1.17(5) otherwise seriously jeopardizing an investigation or unduly delaying a trial.
1.18(c) "Governmental entity" means any entity of the state executive, legislative,
1.19or judicial branches; the University of Minnesota; the Minnesota State Colleges and
1.20Universities; and local entities including, but not limited to, a county; home rule, charter, or
1.21statutory city; town; school district; metropolitan or regional agency; public corporation;
1.22political subdivision; or special district as defined in section 6.465, subdivision 3.
1.23(d) "Unmanned aerial vehicle" or "UAV" means a powered, aerial vehicle that:
1.24(1) does not carry a human operator;
1.25(2) can fly autonomously or be piloted remotely; and
2.1(3) can be expendable or recoverable.
2.2 Subd. 2. Use of unmanned aerial vehicles limited. Except as provided in
2.3subdivision 3, a governmental entity may not operate an unmanned aerial vehicle without
2.4a search warrant.
2.5 Subd. 3. Exceptions. (a) A governmental entity may operate an unmanned aerial
2.6vehicle and disclose information collected from such operation in an emergency situation
2.7that involves an imminent threat to the life or safety of a person. A governmental entity
2.8that deploys a UAV pursuant to this paragraph must document the factual basis for the
2.9emergency on a form created for that purpose by the Bureau of Criminal Apprehension and
2.10submit a sworn statement with the district court setting forth the grounds for the emergency
2.11use not later than 48 hours after operation of an unmanned aerial vehicle commenced.
2.12(b) A governmental entity may operate an unmanned aerial vehicle to counter a
2.13high risk of a terrorist attack by a specific individual or organization if the secretary of
2.14the United States Department of Homeland Security determines that credible intelligence
2.15indicates that there is this risk.
2.16(c) A governmental entity may operate an unmanned aerial vehicle to collect
2.17information from a public area if a court, upon motion, determines that there are specific
2.18and articulable facts demonstrating reasonable suspicion of criminal activity, that the
2.19operation of the public unmanned aircraft system will uncover such activity, and that
2.20alternative methods of data collection are either cost-prohibitive or present a significant
2.21risk to any person's bodily safety. Such an order shall not be issued for a period greater
2.22than 48 hours. Extensions of an order may be granted but shall be no longer than the
2.23authorizing judge deems necessary to achieve the purposes for which it was granted
2.24and in no event for longer than 30 days.
2.25(d) A governmental entity may operate an unmanned aerial vehicle to prevent the
2.26loss of life and property in natural or man-made disaster situations and to facilitate the
2.27operational planning, rescue, and recovery operations in the aftermath of those disasters.
2.28(e) A governmental entity may operate an unmanned aerial vehicle for non-law
2.29enforcement purposes. Information and images gathered when a governmental entity acts
2.30under this paragraph may not be used for intelligence purposes or admitted as evidence in
2.31a legal, regulatory, or administrative matter unless consensual disclosure is authorized
2.32under subdivision 5.
2.33 Subd. 4. Limitations on use. (a) A governmental entity operating a UAV must fully
2.34comply with all Federal Aviation Administration requirements and guidelines.
2.35(b) Acquisition of unmanned aerial vehicles must be approved by the governmental
2.36entity's legislative body.
3.1(c) A UAV shall be operated in a manner to collect data only on a clearly and
3.2narrowly defined target and to avoid data collection on individuals, homes, or areas other
3.3than the defined target.
3.4(d) A governmental entity may not deploy facial recognition or other biometric
3.5matching technology via a UAV unless expressly authorized to do so through a court order.
3.6(e) Unmanned aerial vehicles may not be equipped with weapons.
3.7 Subd. 5. Consensual disclosure of information. Notwithstanding subdivision
3.86, paragraph (b), a governmental entity may disclose or receive information about any
3.9person acquired through the operation of an unmanned aerial vehicle if such person has
3.10given written consent to such disclosure.
3.11 Subd. 6. Data retention and classification. (a) No data collected on an individual,
3.12home, or area other than the subject identified in the warrant or order may be used,
3.13copied, or disclosed for any purpose except as provided in subdivision 5. Notwithstanding
3.14sections 138.163 and 138.17, the data must be deleted as soon as possible, and in no
3.15event later than 24 hours after collection.
3.16(b) Data collected pursuant to this section shall be classified as criminal investigative
3.17data under section 13.82, subdivision 7.
3.18 Subd. 7. Evidence. Information obtained or collected by a governmental entity in
3.19violation of this section is not admissible as evidence in a criminal prosecution in any
3.20court of law in this state.
3.21 Subd. 8. Notice. (a) Notice must be given to the subject of a search warrant or
3.22order issued under this section.
3.23(b) Unless delayed notice is ordered under paragraph (c), the governmental entity
3.24shall provide notice to the subject within three days of completing surveillance with a
3.25UAV. The notice must be made by service or delivered by registered or first class mail,
3.26e-mail, or any other means reasonably calculated to be effective as specified by the court
3.27issuing the warrant. The notice must contain the following information:
3.28(1) the nature of the law enforcement inquiry, with reasonable specificity;
3.29(2) the time period that the subject was under surveillance by a UAV; and
3.30(3) whether the notification was delayed pursuant to paragraph (c) and, if so, the
3.31court that granted the delay and the reasons for granting the delay.
3.32(c) A governmental entity may include in the application for a warrant a request for
3.33an order to delay the notification required under this section for a period not to exceed
3.34ten days. The court shall issue the order if the court determines that there is reason to
3.35believe that notification may have an adverse result. Upon expiration of the period of
3.36delay granted under this subdivision and any extension granted under paragraph (d),
4.1the governmental entity shall provide the subject a copy of the warrant together with a
4.2notice pursuant to paragraph (b).
4.3(d) The court, upon application, may grant one or more extensions of orders granted
4.4under paragraph (c) for up to an additional ten days.
4.5 Subd. 9. Remedies for violation. A person aggrieved by a governmental entity's
4.6violation of this section may bring a civil action against the governmental entity.
4.7 Subd. 10. Reporting. (a) In June of each year, each governmental entity that uses
4.8unmanned aerial vehicles shall report to the legislature and make public on its Web site:
4.9(1) the number of times an unmanned aerial vehicle was used, organized by the types
4.10of incidents and the types of justification for deployment;
4.11(2) the number of criminal investigations aided by the use of unmanned aerial
4.12vehicles, including a description of how the unmanned aerial vehicle was helpful to each
4.13investigation;
4.14(3) the number of uses of unmanned aerial vehicles for reasons other than criminal
4.15investigations, including a description of how the unmanned aerial vehicle was helpful in
4.16each instance;
4.17(4) the frequency and type of data collected on individuals or areas other than
4.18targets; and
4.19(5) the total cost of the entity's unmanned aerial vehicle program.
4.20(b) In January of each year, any judge who has issued a warrant or order under this
4.21section that expired during the preceding year, or who has denied approval during that
4.22year, shall report to the state court administrator:
4.23(1) the fact that an order or extension was applied for;
4.24(2) the kind of order or extension applied for;
4.25(3) the fact that the order or extension was granted as applied for, was modified,
4.26or was denied;
4.27(4) the period of unmanned aerial vehicle use authorized by the order, and the
4.28number and duration of any extensions of the order;
4.29(5) the offense specified in the order or application, or extension of an order; and
4.30(6) the identity of the applying governmental entity making the application and the
4.31person authorizing the application.
4.32(c) In June of each year, the state court administrator shall transmit to the legislature
4.33and post on the Supreme Court's Web site a full and complete report concerning the
4.34number of applications for orders authorizing or approving operation of unmanned aerial
4.35vehicles or disclosure of information from the operation of unmanned aerial vehicles
4.36pursuant to this section and the number of orders and extensions granted or denied pursuant
5.1to this section during the preceding calendar year. The report shall include a summary and
5.2analysis of the data required to be filed with the state court administrator by paragraph (b).
5.3 Sec. 2. Minnesota Statutes 2012, section 626A.28, subdivision 3, is amended to read:
5.4 Subd. 3. Records concerning electronic communication service or remote
5.5computing service. (a) Except as provided in paragraph (b) or chapter 325M, a provider
5.6of electronic communication service or remote computing service may disclose a record
5.7or other information pertaining to a subscriber to or customer of the service, not including
5.8the contents of communications covered by subdivision 1 or 2, or location information
5.9covered by section 626A.42, to any person other than a governmental entity.
5.10(b) A provider of electronic communication service or remote computing service
5.11may disclose a record or other information pertaining to a subscriber to or customer of the
5.12service, not including the contents of communications covered by subdivision 1 or 2, to a
5.13governmental entity only when the governmental entity:
5.14(1) uses an administrative subpoena authorized by statute, or a grand jury subpoena;
5.15(2) obtains a warrant;
5.16(3) obtains a court order for such disclosure under subdivision 4; or
5.17(4) has the consent of the subscriber or customer to the disclosure.
5.18(c) A governmental entity receiving records or information under this subdivision is
5.19not required to provide notice to a subscriber or customer.
5.20 Sec. 3. [626A.42] ELECTRONIC DEVICE LOCATION INFORMATION.
5.21 Subdivision 1. Definitions. (a) The definitions in this subdivision apply to this
5.22section.
5.23(b) An "adverse result" occurs when notification of the existence of a search warrant
5.24results in:
5.25(1) danger to the life or physical safety of an individual;
5.26(2) a flight from prosecution;
5.27(3) the destruction of or tampering with evidence;
5.28(4) the intimidation of potential witnesses; or
5.29(5) serious jeopardy to an investigation or undue delay of a trial.
5.30(c) "Electronic communication service" has the meaning given in section 626A.01,
5.31subdivision 17.
5.32(d) "Electronic device" means a device that enables access to or use of an electronic
5.33communication service, remote computing service, or location information service.
6.1(e) "Government entity" means a state or local agency including, but not limited to,
6.2a law enforcement entity or any other investigative entity, agency, department, division,
6.3bureau, board, or commission or an individual acting or purporting to act for or on behalf
6.4of a state or local agency.
6.5(f) "Location information" means information concerning the location of an
6.6electronic device that, in whole or in part, is generated or derived from or obtained by the
6.7operation of an electronic device.
6.8(g) "Location information service" means the provision of a global positioning
6.9service or other mapping, locational, or directional information service.
6.10(h) "Remote computing service" has the meaning given in section 626A.34.
6.11 Subd. 2. Search warrant required for location information. (a) Except as
6.12provided in paragraph (b), a government entity may not obtain the location information of
6.13an electronic device without a search warrant. A search warrant granting access to location
6.14information must be issued only if the government entity shows that there is probable
6.15cause that the person who possesses an electronic device is committing, has committed, or
6.16is about to commit a felony-level offense or a qualified domestic violence-related offense,
6.17as defined in section 609.02, subdivision 16.
6.18(b) A government entity may obtain location information without a search warrant:
6.19(1) when the electronic device is reported lost or stolen by the owner;
6.20(2) in order to respond to the user's call for emergency services;
6.21(3) with the informed, affirmative consent of the owner or user of the electronic
6.22device;
6.23(4) with the informed, affirmative consent of the legal guardian or next of kin of
6.24the owner or user, if the owner or user is believed to be deceased or reported missing and
6.25unable to be contacted; or
6.26(5) when an emergency involving immediate danger of death or serious physical
6.27injury to any person requires obtaining information relating to the emergency without
6.28delay, and the search is narrowly tailored to address the emergency.
6.29(c) A government entity exercising the warrantless emergency search authority under
6.30paragraph (b), clause (5), must document the basis for determining that an emergency
6.31involving immediate danger of death or serious physical injury to a person requires
6.32obtaining, without delay, location information relating to the emergency and, not later
6.33than 48 hours after the date on which the government entity obtains access to location
6.34information, the government entity shall file with the appropriate court a signed, sworn
6.35statement of a supervisory official setting forth the grounds for the emergency access.
7.1 Subd. 3. Notice. (a) Notice must be given to the owner or user of an electronic
7.2device whose location information was obtained by a government entity.
7.3(b) Unless delayed notice is ordered under paragraph (c), the government entity
7.4shall provide notice to the owner or user that location information was obtained by the
7.5government entity from that owner's or user's electronic device within three days of
7.6obtaining the location information. The notice must be made by service or delivered
7.7by registered or first class mail, e-mail, or any other means reasonably calculated to be
7.8effective as specified by the court issuing the warrant. The notice must contain the
7.9following information:
7.10(1) the nature of the law enforcement inquiry, with reasonable specificity;
7.11(2) the location information of the owner or user that was obtained by, supplied to,
7.12or requested by the government entity and the date on which it was obtained, provided,
7.13or requested;
7.14(3) if location information was obtained from a provider of electronic communication
7.15service or other third party, the identity of the provider of electronic communication
7.16service or the third party from whom the information was obtained; and
7.17(4) whether the notification was delayed pursuant to paragraph (c) and, if so, the
7.18court that granted the delay and the reasons for granting the delay.
7.19(c) A government entity may include in the application for a warrant a request
7.20for an order to delay the notification required under this subdivision for a period not to
7.21exceed ten days. The court shall issue the order if the court determines that there is reason
7.22to believe that notification may have an adverse result. Upon expiration of the period of
7.23delay granted under this subdivision and any extension granted under paragraph (e), the
7.24government entity shall provide the owner or user a copy of the warrant together with a
7.25notice pursuant to paragraph (b).
7.26(d) A government entity may include in its application for a warrant a request for
7.27an order directing a provider of electronic communication service to which a warrant is
7.28directed not to notify any other person of the existence of the warrant for a period of not
7.29more than ten days. The court shall issue the order if the court determines that there is
7.30reason to believe that notification of the existence of the warrant may have an adverse result.
7.31(e) The court, upon application, may grant one or more extensions of orders granted
7.32under paragraph (c) or (d) for up to an additional ten days.
7.33 Subd. 4. Reporting requirements. (a) By January 31 of each calendar year, any
7.34judge issuing or denying a warrant or receiving a report of emergency access to location
7.35information under subdivision 2 during the preceding calendar year shall report on each
7.36warrant or notice of emergency access to the state court administrator:
8.1(1) the date the warrant was applied for or the notice was received;
8.2(2) the agency making the application or notice;
8.3(3) the offense, if any, specified in the warrant application, warrant, or notice;
8.4(4) the nature of the facilities from which, the place where, or the technique by
8.5which location information was to be obtained;
8.6(5) the expected number of devices about which location information was obtained;
8.7(6) whether the warrant was granted as applied for, was modified, or was denied; and
8.8(7) the period of disclosures authorized by the warrant, and the number and duration
8.9of any extensions of the warrant.
8.10(b) In June of each year, beginning in 2014, the state court administrator shall
8.11transmit to the legislature a full and complete record concerning the number of applications
8.12for warrant authorizing or requiring the disclosure of location information, the number of
8.13times access to location information was obtained pursuant to subdivision 2, paragraph
8.14(b), clause (5), and the number of notices of emergency access received under subdivision
8.152, paragraph (b), during the preceding calendar year. The report shall include a summary
8.16and analysis of the data required to be filed with the state court administrator by paragraph
8.17(a). The state court administrator is authorized to issue binding regulations dealing with
8.18the content and form of the reports required to be filed by paragraph (a).
8.19(c) In June of each year, beginning in 2014, a nonclassified summary of the report
8.20shall be made publicly available on the Web site for the state court administrator.
8.21 Subd. 5. Prohibition on use of evidence. (a) Except as proof of a violation of
8.22this section, no evidence obtained in violation of this section shall be admissible in any
8.23criminal, civil, administrative, or other proceeding.
8.24(b) Any location information obtained pursuant to this chapter or evidence derived
8.25therefrom shall not be received in evidence or otherwise disclosed in any trial, hearing,
8.26or other proceeding in a federal or state court unless each party, not less than ten days
8.27before the trial, hearing, or proceeding, has been furnished with a copy of the warrant,
8.28and accompanying application, under which the information was obtained. This ten-day
8.29period may be waived by the judge if the judge finds that it was not possible to furnish a
8.30party with the required information ten days before the trial, hearing, or proceeding and
8.31that a party will not be prejudiced by the delay in receiving such information.
