HF 2541

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to criminal procedure; execution of search 
  1.3             warrants; authorizing a court to allow search warrants 
  1.4             statewide; allowing a peace officer to execute a 
  1.5             search warrant statewide; requiring the officer to 
  1.6             notify the local police or sheriff's department when 
  1.7             executing an out-of-jurisdiction search warrant; 
  1.8             amending Minnesota Statutes 1994, sections 626.06; and 
  1.9             626.11; Minnesota Statutes 1995 Supplement, section 
  1.10            626.13. 
  1.11  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.12     Section 1.  Minnesota Statutes 1994, section 626.06, is 
  1.13  amended to read: 
  1.14     626.06 [STATEWIDE JURISDICTION TO ISSUE.] 
  1.15     A search warrants warrant may be issued by any court, other 
  1.16  than a probate court, having jurisdiction in the area where the 
  1.17  place to be searched is located to search any location in the 
  1.18  state of Minnesota. 
  1.19     Sec. 2.  Minnesota Statutes 1994, section 626.11, is 
  1.20  amended to read: 
  1.21     626.11 [ISSUANCE OF WARRANT.] 
  1.22     If the judge is satisfied of the existence of the grounds 
  1.23  of the application, or that there is probable cause to believe 
  1.24  their existence, the judge must issue a signed search warrant, 
  1.25  naming the judge's judicial office, to a peace officer in the 
  1.26  judge's county or to an agent of the bureau of criminal 
  1.27  apprehension.  The warrant may be executed at any location in 
  1.28  the state of Minnesota.  The warrant shall direct the officer or 
  2.1   agent to search the person or place named for the property or 
  2.2   things specified, and to retain the property or things in the 
  2.3   officer's or agent's custody subject to order of the court 
  2.4   issuing the warrant. 
  2.5      Sec. 3.  Minnesota Statutes 1995 Supplement, section 
  2.6   626.13, is amended to read: 
  2.7      626.13 [SERVICE; PERSONS MAKING.] 
  2.8      A search warrant may in all cases be served anywhere within 
  2.9   the issuing judge's county by any of the officers mentioned in 
  2.10  its directions, but by no other person, except in aid of the 
  2.11  officer on the officer's requiring it, the officer being present 
  2.12  and acting in its execution.  If the warrant is to be served 
  2.13  by a Minnesota peace officer outside of the jurisdictional area 
  2.14  of the political subdivision or law enforcement agency employing 
  2.15  the officer, an agent of the bureau of criminal apprehension, an 
  2.16  agent of the division of gambling enforcement, a state patrol 
  2.17  trooper, or a conservation officer, the peace officer, agent, 
  2.18  state patrol trooper, or conservation officer shall notify the 
  2.19  chief of police or the chief's designee of an organized 
  2.20  full-time police department of the municipality or, if there is 
  2.21  no such local chief of police, the sheriff or a deputy sheriff 
  2.22  of the county in which service is to be made prior to execution.