Minnesota Session Laws - 1983, Regular Session

  

                         Laws of Minnesota 1983 

                         CHAPTER 174--H.F.No. 31
           An act relating to veterans affairs; prohibiting 
          searches at the Minnesota veterans home except under 
          criminal warrant; proposing new law coded in Minnesota 
          Statutes, chapter 198. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  [198.33] [VETERANS HOME; PRIVACY OF RESIDENTS; 
SEARCH AND SEIZURE LIMITED TO CRIMINAL WARRANT.] 
    Subdivision 1.  [SEARCHES PROHIBITED.] A resident of the 
Minnesota veterans home has the right to a legitimate 
expectation of privacy in his person and property against 
unreasonable searches and seizures.  A search of a resident's 
room or property may be conducted only when necessary to protect 
the residents from weapons, illegal drugs, or alcohol, if 
possession is prohibited by the commissioner, and is subject to 
the following:  
    (a) Prior to conducting a search of a resident's room or 
property, the administrator shall provide written authorization 
to conduct the search.  This authorization must identify the 
resident whose room or property is to be searched, state the 
nature of the risk to the health or safety of that resident or 
to other individuals in the home, set forth the facts which 
establish that the risk exists and the source of those facts, 
and particularly describe the area to be searched and the 
property to be seized.  A separate authorization must be 
completed for each resident whose room or property is to be 
searched.  
    (b) The resident shall be informed of the reasons 
necessitating a search of his room or property and shall be 
present during the conduct of the search if the resident 
requests to be present.  A copy of the administrator's 
authorization must be given to the resident.  
    (c) If property or other items are taken, a written receipt 
describing the property or items taken must be given to the 
resident.  
    (d) The provisions of this section do not restrict the 
entry by employees of the home into a resident's room or into 
areas where the personal possessions of residents are stored for 
the purpose of providing care or services to the resident or for 
housekeeping and maintenance purposes.  The provisions of this 
section do not apply to inspections conducted by governmental 
agencies for the purpose of assessing compliance with state or 
federal laws and regulations.  
    (e) Unauthorized searches or seizures by employees of the 
Minnesota veterans home may be grounds for dismissal.  
    Subd. 2.  [WAIVER PROHIBITED.] The Minnesota veterans home 
may not require a resident to waive protection against 
unreasonable searches and seizures as a condition of eligibility 
for admission or continuing residence at the home.  A search 
conducted under a waiver obtained in violation of this section 
is an unlawful search and seizure and the person aggrieved may 
move the district court for return of his property under section 
626.21. 
    Approved May 19, 1983