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MN SF2688

Bill

Status

Introduced

3/17/2014

Primary Sponsor

Branden Petersen

Click for details

Origin

Senate

88th Legislature 2013-2014

AI Summary

  • Requires law enforcement to obtain a search warrant before accessing electronic device location information, based on probable cause that a person is committing, has committed, or is about to commit a felony-level offense.

  • Permits warrantless access to location information in limited circumstances: lost/stolen devices, emergency services calls, with informed consent of owner/user, with consent of guardian/next of kin for missing/deceased persons, or in emergencies involving immediate danger of death or serious physical injury.

  • Requires government entities to provide notice to device owners/users within three days of obtaining location information, unless a court orders delayed notification for up to ten days to prevent adverse results such as flight from prosecution or destruction of evidence.

  • Mandates judges report all location information warrants and emergency access to the state court administrator by January 31 annually, with the administrator publishing a summary report to the legislature each June beginning in 2014.

  • Prohibits use of location information obtained in violation of these requirements as evidence in any proceeding, and requires parties receive warrant copies at least ten days before trial.

Legislative Description

Electronic device tracking data search warrant requirement

Last Action

Referred to Judiciary

3/17/2014

Committee Referrals

Judiciary3/17/2014

Full Bill Text

No bill text available