SF 1529

as introduced - 90th Legislature (2017 - 2018) Posted on 02/28/2017 09:44am

A bill for an act
relating to public safety; prohibiting law enforcement agencies from using
unmanned aerial cameras to gather evidence in certain circumstances; authorizing
civil actions; proposing coding for new law in Minnesota Statutes, chapter 626.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

[626.19] SEARCHES AND SEIZURES USING A DRONE.

Subdivision 1.

Definitions.

(a) As used in this section, the following terms have the
meanings given.

(b) "Unmanned aerial camera" or "UAC" means a powered, aerial vehicle with a camera
that:

(1) does not carry a human operator;

(2) uses aerodynamic forces to provide vehicle lift;

(3) can fly autonomously or be piloted remotely; and

(4) can be expendable or recoverable.

(c) "Law enforcement agency" has the meaning given in section 626.84, subdivision 1,
paragraph (f).

Subd. 2.

Prohibited use of UAC.

A law enforcement agency may not use a UAC to
gather evidence or other information on individuals.

Subd. 3.

Exceptions.

This section does not prohibit the use of a UAC:

(1) to counter a high risk of a terrorist attack by a specific individual or organization if
the secretary of the United States Department of Homeland Security determines that credible
intelligence indicates that there is this risk;

(2) if the law enforcement agency first obtains a search warrant authorizing its use;

(3) if the law enforcement agency possesses reasonable suspicion that, under particular
circumstances, swift action is needed to prevent imminent danger to life or serious damage
to property, or to forestall the imminent escape of a suspect or the destruction of evidence;
or

(4) to prevent the loss of life and property in natural or man-made disaster situations
and to facilitate the operational planning, rescue, and recovery operations in the aftermath
of those disasters.

Subd. 4.

Remedies for violation.

A person aggrieved by a law enforcement agency's
violation of this section may bring a civil action against the agency.

Subd. 5.

Prohibition on use of evidence.

Evidence obtained or collected in violation
of this section is not admissible in a criminal prosecution in this state.