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SF 485

as introduced - 88th Legislature (2013 - 2014) Posted on 02/26/2013 09:12am

KEY: stricken = removed, old language. underscored = added, new language.

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1.1A bill for an act
1.2relating to public safety; prohibiting law enforcement agencies from using drones
1.3to gather evidence in certain circumstances; authorizing civil actions; proposing
1.4coding for new law in Minnesota Statutes, chapter 626.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.6    Section 1. [626.19] SEARCHES AND SEIZURES USING A DRONE.
1.7    Subdivision 1. Definitions. (a) As used in this section, the following terms have
1.8the meanings given.
1.9(b) "Drone" means a powered, aerial vehicle that:
1.10(1) does not carry a human operator;
1.11(2) uses aerodynamic forces to provide vehicle lift;
1.12(3) can fly autonomously or be piloted remotely; and
1.13(4) can be expendable or recoverable.
1.14(c) "Law enforcement agency" has the meaning given in section 626.84, subdivision
1.151, paragraph (f).
1.16    Subd. 2. Prohibited use of drones. A law enforcement agency may not use a drone
1.17to gather evidence or other information on individuals.
1.18    Subd. 3. Exceptions. This section does not prohibit the use of a drone:
1.19(1) to counter a high risk of a terrorist attack by a specific individual or organization
1.20if the secretary of the United States Department of Homeland Security determines that
1.21credible intelligence indicates that there is this risk;
1.22(2) if the law enforcement agency first obtains a search warrant authorizing its use; or
1.23(3) if the law enforcement agency possesses reasonable suspicion that, under
1.24particular circumstances, swift action is needed to prevent imminent danger to life or
2.1serious damage to property, or to forestall the imminent escape of a suspect or the
2.2destruction of evidence.
2.3    Subd. 4. Remedies for violation. A person aggrieved by a law enforcement
2.4agency's violation of this section may bring a civil action against the agency.
2.5    Subd. 5. Prohibition on use of evidence. Evidence obtained or collected in
2.6violation of this section is not admissible in a criminal prosecution in this state.

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