HF 3851

as introduced - 93rd Legislature (2023 - 2024) Posted on 02/26/2024 04:18pm

A bill for an act
relating to public safety; prohibiting consent searches by peace officers; prohibiting
use of the odor of marijuana as the basis to search a motor vehicle; amending
Minnesota Statutes 2023 Supplement, section 626.21; proposing coding for new
law in Minnesota Statutes, chapter 626.

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

Section 1.

Minnesota Statutes 2023 Supplement, section 626.21, is amended to read:

626.21 RETURN OF PROPERTY AND SUPPRESSION OF EVIDENCE.

(a) A person aggrieved by an unlawful search and seizure may move the district court
for the district in which the property was seized or the district court having jurisdiction of
the substantive offense for the return of the property and to suppress the use, as evidence,
of anything so obtained on the ground that:

(1) the property was illegally seized;

(2) the property was illegally seized without warrant;

(3) the warrant is insufficient on its face;

(4) the property seized is not that described in the warrant;

(5) there was not probable cause for believing the existence of the grounds on which the
warrant was issued;

(6) the warrant was illegally executed;

(7) the warrant was improvidently issued; deleted text begin or
deleted text end

(8) the warrant was executed or served in violation of section 626.14 new text begin ; or
new text end

new text begin (9) the property was seized as a result of a search that violated section 626.8621 new text end .

(b) The judge shall receive evidence on any issue of fact necessary to the decision of
the motion. If the motion is granted the property shall be restored unless otherwise subject
to lawful detention, and it shall not be admissible in evidence at any hearing or trial. The
motion to suppress evidence may also be made in the district where the trial is to be had.
The motion shall be made before trial or hearing unless opportunity therefor did not exist
or the defendant was not aware of the grounds for the motion, but the court in its discretion
may entertain the motion at the trial or hearing.

Sec. 2.

new text begin [626.8621] WARRANTLESS SEARCHES LIMITED; TRAFFIC STOPS;
CONSENT SEARCHES.
new text end

new text begin Subdivision 1. new text end

new text begin Consent searches prohibited. new text end

new text begin A peace officer may not request that a
person consent to a warrantless search during a traffic stop. This prohibition does not prohibit
or otherwise limit a peace officer from conducting a lawful warrantless search incident to
an arrest, based on probable cause or reasonable suspicion, or another legal basis besides
consent.
new text end

new text begin Subd. 2. new text end

new text begin Odor of marijuana; search prohibited. new text end

new text begin (a) A peace officer's perception of
the odor of marijuana shall not serve as a basis to search a motor vehicle, or to search the
driver, passengers, or any of the contents of a motor vehicle.
new text end

new text begin (b) A peace officer may not use a drug-detection canine on a stopped motor vehicle
unless the officer has reasonable suspicion to believe either that the motor vehicle contains
illegal narcotics other than marijuana, or that a driver or passenger of the motor vehicle
possesses illegal narcotics other than marijuana.
new text end

new text begin Subd. 3. new text end

new text begin Consent search advisory required. new text end

new text begin If a person voluntarily grants a peace
officer consent to conduct a warrantless search during a traffic stop without the officer
requesting to conduct a search, the officer must issue a rights advisory to the person. The
advisory must provide notice that:
new text end

new text begin (1) the person has a right to deny the officer access;
new text end

new text begin (2) the person may withdraw consent at any time; and
new text end

new text begin (3) the person is subject to arrest and prosecution if the officer discovers illegal items,
contraband, or evidence of a crime.
new text end

new text begin Subd. 4. new text end

new text begin In-service training; learning objectives. new text end

new text begin (a) Beginning January 1, 2025, the
chief law enforcement officer of every state and local law enforcement agency shall provide
in-service training on the requirements contained in subdivisions 1 and 2.
new text end

new text begin (b) By December 1, 2024, the board shall prepare learning objectives for in-service
training to instruct peace officers on the requirements contained in subdivisions 1 and 2.
new text end

new text begin Subd. 5. new text end

new text begin Licensing sanctions; injunctive relief. new text end

new text begin (a) The board must investigate a credible
allegation of a peace officer failing to comply with the requirements of this section.
new text end

new text begin (b) Pursuant to the board's authority under section 214.11, if, after conducting an
investigation, the board concludes by a preponderance of the evidence that a peace officer
failed to comply with the requirements of this section, the board must impose licensing
sanctions and, when warranted, seek injunctive relief.
new text end