SF 485

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

A bill for an act
relating to public safety; prohibiting law enforcement agencies from using drones
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) "Drone" means a powered, aerial vehicle 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 drones.

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

Subd. 3.

Exceptions.

This section does not prohibit the use of a drone:

(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; or

(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.

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.