SF 256

1st Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to crime prevention; making changes related 
  1.3             to search warrants; amending Minnesota Statutes 2002, 
  1.4             sections 626.11; 626.13. 
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  Minnesota Statutes 2002, section 626.11, is 
  1.7   amended to read: 
  1.8      626.11 [ISSUANCE OF WARRANT.] 
  1.9      (a) If the judge is satisfied of the existence of the 
  1.10  grounds of the application, or that there is probable cause to 
  1.11  believe their existence, the judge must issue a signed search 
  1.12  warrant, naming the judge's judicial office, to a peace 
  1.13  officer having jurisdiction in the area where the place to be 
  1.14  searched is located, to an agent of the bureau of criminal 
  1.15  apprehension, to an officer of the metropolitan transit police, 
  1.16  or to an agent of the division of alcohol and gambling 
  1.17  enforcement who is a licensed peace officer as defined in 
  1.18  section 626.84, subdivision 1, paragraph (c).  The warrant shall 
  1.19  direct the officer or agent to search the person or place named 
  1.20  for the property or things specified, and to retain the property 
  1.21  or things in the officer's or agent's custody subject to order 
  1.22  of the court issuing the warrant.  
  1.23     (b) If the place to be searched is outside the officer's 
  1.24  jurisdiction, prior to applying for the search warrant the 
  1.25  officer shall notify the chief of police of the organized 
  2.1   full-time police department having jurisdiction over the 
  2.2   municipality where the search will occur or, if there is no 
  2.3   local chief of police, the sheriff or a deputy sheriff of the 
  2.4   county in which the search will occur.  
  2.5      (c) The notice required in paragraph (b) does not apply to 
  2.6   the initial application for a telephonic warrant.  However, in 
  2.7   these instances, the officer shall provide the notification as 
  2.8   soon as is practical following this initial application. 
  2.9      Sec. 2.  Minnesota Statutes 2002, section 626.13, is 
  2.10  amended to read: 
  2.11     626.13 [SERVICE; PERSONS MAKING.] 
  2.12     A search warrant may in all cases be served anywhere within 
  2.13  the issuing judge's jurisdiction by any of the officers 
  2.14  mentioned in its directions, but by no other person, except in 
  2.15  aid of the officer on the officer's requiring it, the officer 
  2.16  being present and acting in its execution.  If the warrant is to 
  2.17  be served by an agent of the bureau of criminal apprehension, an 
  2.18  agent of the division of alcohol and gambling enforcement, a 
  2.19  state patrol trooper, a metropolitan transit police officer, a 
  2.20  peace officer acting outside the officer's jurisdiction, or a 
  2.21  conservation officer, the agent, state patrol trooper, police 
  2.22  officer, or conservation officer shall notify the chief of 
  2.23  police of an organized full-time police department of the 
  2.24  municipality or, if there is no such local chief of police, the 
  2.25  sheriff or a deputy sheriff of the county in which service is to 
  2.26  be made prior to execution. 
  2.27     Sec. 3.  [EFFECTIVE DATE.] 
  2.28     Sections 1 and 2 are effective August 1, 2003, and apply to 
  2.29  search warrants issued or served on or after that date.