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.

new text begin [626.19] SEARCHES AND SEIZURES USING A DRONE.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) As used in this section, the following terms have
the meanings given.
new text end

new text begin (b) "Drone" means a powered, aerial vehicle that:
new text end

new text begin (1) does not carry a human operator;
new text end

new text begin (2) uses aerodynamic forces to provide vehicle lift;
new text end

new text begin (3) can fly autonomously or be piloted remotely; and
new text end

new text begin (4) can be expendable or recoverable.
new text end

new text begin (c) "Law enforcement agency" has the meaning given in section 626.84, subdivision
1, paragraph (f).
new text end

new text begin Subd. 2. new text end

new text begin Prohibited use of drones. new text end

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

new text begin Subd. 3. new text end

new text begin Exceptions. new text end

new text begin This section does not prohibit the use of a drone:
new text end

new text begin (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;
new text end

new text begin (2) if the law enforcement agency first obtains a search warrant authorizing its use; or
new text end

new text begin (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.
new text end

new text begin Subd. 4. new text end

new text begin Remedies for violation. new text end

new text begin A person aggrieved by a law enforcement
agency's violation of this section may bring a civil action against the agency.
new text end

new text begin Subd. 5. new text end

new text begin Prohibition on use of evidence. new text end

new text begin Evidence obtained or collected in
violation of this section is not admissible in a criminal prosecution in this state.
new text end