Minnesota Session Laws - 1989, Regular Session

  

                         Laws of Minnesota 1989 

                        CHAPTER 336-H.F.No. 1425 
           An act relating to privacy of communications; 
          modifying standards for disclosure of communications 
          by electronic communications services; limiting use of 
          contract personnel; modifying reporting requirements; 
          modifying procedures for the use of pen registers and 
          trap and trace devices; requiring orders for the use 
          of mobile tracking devices; providing for a civil 
          cause of action; removing the sunset on the privacy of 
          communications act; authorizing the attorney general 
          and county attorneys to issue administrative 
          subpoenas; creating crimes that prohibit warning 
          subjects of investigations, electronic surveillance, 
          or search warrants; imposing penalties; amending 
          Minnesota Statutes 1988, sections 626A.02, subdivision 
          3; 626A.04; 626A.06, subdivisions 1 and 4a; 626A.11, 
          subdivisions 1 and 2; 626A.12, subdivision 1; 626A.17; 
          626A.35; 626A.36; 626A.37; 626A.38, subdivision 1; 
          626A.39, by adding a subdivision; and 626A.40; Laws 
          1988, chapter 577, section 63; proposing coding for 
          new law in Minnesota Statutes, chapters 8, 388, 609, 
          and 626A; repealing Minnesota Statutes 1988, sections 
          626A.12, subdivision 1a; 626A.22; 626A.23; 626A.24; 
          and 626A.38, subdivision 5; Laws 1988, chapter 577, 
          section 62. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 

                               ARTICLE   1
    Section 1.  Minnesota Statutes 1988, section 626A.02, 
subdivision 3, is amended to read: 
    Subd. 3.  [DISCLOSING COMMUNICATIONS.] (a) Except as 
provided in paragraph (b), a person or entity providing an 
electronic communications service to the public must not 
intentionally divulge the contents of any communication other 
than one to the person or entity, or an agent of the person or 
entity, while in transmission on that service to a person or 
entity other than an addressee or intended recipient of the 
communication or an agent of the addressee or intended recipient.
    (b) A person or entity providing electronic communication 
service to the public may divulge the contents of a 
communication:  
    (1) as otherwise authorized in subdivision 2, paragraph 
(a), and section 626A.09; 
    (2) with the lawful consent of the originator or any 
addressee or intended recipient of the communication; 
    (3) to a person employed or authorized, or whose facilities 
are used, to forward the communication to its destination; or 
    (4) that were inadvertently obtained by the service 
provider and that appear to pertain in the normal course of 
business if there is reason to believe that the communication 
pertains to the commission of a crime, if divulgence is made to 
a law enforcement agency. 
    Sec. 2.  Minnesota Statutes 1988, section 626A.04, is 
amended to read: 
    626A.04 [PROHIBITION OF USE AS EVIDENCE OF INTERCEPTED WIRE 
OR, ORAL, OR ELECTRONIC COMMUNICATIONS.] 
    Whenever any wire or, oral, or electronic communication has 
been intercepted, no part of the contents of such communication 
and no evidence derived therefrom may be received in evidence in 
any trial, hearing, or other proceeding in or before any court 
or grand jury if the disclosure of that information would be in 
violation of sections 626A.01 to 626A.23.  
    Sec. 3.  Minnesota Statutes 1988, section 626A.06, 
subdivision 4a, is amended to read: 
    Subd. 4a.  [PERSONNEL USED.] An interception under sections 
626A.01 to 626A.23 may be conducted in whole or in part 
by employees an employee of the state or any subdivision of the 
state, or by an individual operating under a contract with the 
state or one of its subdivisions, acting under the supervision 
of who is an investigative or law enforcement officer authorized 
to conduct the investigation. 
    Sec. 4.  Minnesota Statutes 1988, section 626A.11, 
subdivision 1, is amended to read: 
    Subdivision 1.  [ILLEGALLY OBTAINED EVIDENCE INADMISSIBLE.] 
Evidence obtained by any act of intercepting wire or, oral, or 
electronic communications, in violation of section 626A.02, and 
all evidence obtained through or resulting from information 
obtained by any such act, shall be inadmissible for any purpose 
in any action, proceeding, or hearing; provided, however, that 
any such evidence shall be admissible in any civil or criminal 
action, proceeding, or hearing against the person who has, or is 
alleged to have, violated sections 626A.01 to 626A.23.  
    Sec. 5.  Minnesota Statutes 1988, section 626A.11, 
subdivision 2, is amended to read: 
    Subd. 2.  [OFFICIAL AVAILABLE AS A WITNESS.] No evidence 
obtained as a result of intercepting wire or, oral, or 
electronic communications pursuant to a warrant issued under 
section 626A.06 shall be admissible in any proceeding unless the 
person or persons overhearing or recording such communication, 
conversation, or discussion be called or made available as 
witnesses subject to cross examination by the party against whom 
such intercepted evidence is being offered.  The provisions of 
this clause shall not apply if the trial court finds that such 
person is dead; or is out of the state; or is unable to attend 
or testify because of age, sickness, infirmity, or imprisonment; 
or that such exceptional circumstances exist as to make it 
desirable, in the interest of justice and with due regard to the 
importance of presenting such persons in open court, to allow 
the evidence to be received.  
    Sec. 6.  Minnesota Statutes 1988, section 626A.12, 
subdivision 1, is amended to read: 
    Subdivision 1.  [THE MOTION.] Any aggrieved person may move 
to suppress the contents of any intercepted wire or, oral, or 
electronic communication, or evidence derived therefrom on the 
grounds that: 
    (i) the wire or, oral, or electronic communication was 
unlawfully intercepted; 
    (ii) the order of authorization or approval under which it 
was intercepted is insufficient on its face; 
    (iii) the interception was not made in conformity with the 
order of authorization or approval; 
    (iv) there was not probable cause for believing the 
existence of the grounds on which the warrant was issued; or 
    (v) the evidence was otherwise illegally obtained.  
    The court shall hear evidence upon any issue of fact 
necessary to a determination of the motion.  
    If the motion is granted, the contents of the intercepted 
wire or, oral, or electronic communication, or evidence derived 
therefrom, shall be treated as having been obtained in violation 
of sections 626A.01 to 626A.23.  
    If the motion is denied, the order denying such may be 
reviewed on appeal from a judgment of conviction notwithstanding 
the fact that such judgment of conviction is predicated upon a 
plea of guilty.  
    Sec. 7.  Minnesota Statutes 1988, section 626A.17, is 
amended to read: 
    626A.17 [REPORT, CONCERNING INTERCEPTION OF 
COMMUNICATIONS.] 
    Subdivision 1.  [REPORTS AND TRANSMITTAL OF DOCUMENTS TO 
STATE COURT ADMINISTRATOR.] Within 30 days after the expiration 
of an order granting or denying an application under this 
chapter, or each extension thereof, or the denial of an order 
approving an interception or the use of a pen register, trap and 
trace device, or mobile tracking device, the issuing or denying 
judge shall report to the state court administrator: 
    (a) the fact that an order or extension was applied for; 
    (b) the kind of order or extension applied for; 
    (c) the fact that the order or extension was granted as 
applied for, was modified, or was denied; 
    (d) the period of interceptions or use of a pen register, 
trap and trace device, or mobile tracking device authorized by 
the order, and the number and duration of any extensions of the 
order; 
    (e) the offense specified in the order or application, or 
extension of an order; 
    (f) the identity of the applying investigative or law 
enforcement officer and agency making the application and the 
person authorizing the application; and 
    (g) the nature of the facilities from which or the place 
where communications were to be intercepted or activity under 
the order was to be carried out.  
    Subd. 2.  [REPORT BY COUNTY ATTORNEY.] No later than 
January 15 of each year each county attorney shall report to the 
state court administrator: 
    (a) with respect to each application for an order or 
extension made during the preceding year: 
    (1) the fact that an order or extension was applied for; 
    (2) the kind of order or extension applied for; 
    (3) the fact that the order or extension was granted as 
applied for, was modified, or was denied; 
    (4) the period of interceptions or use of a pen register, 
trap and trace device, or mobile tracking device authorized by 
the order, and the number and duration of any extensions of the 
order; 
    (5) the offense specified in the order or application, or 
extension of an order; 
    (6) the identity of the applying investigative or law 
enforcement officer and agency making the application and the 
person authorizing the application; and 
    (7) the nature of the facilities from which or the place 
where communications were to be intercepted. or activity under 
the order was to be carried out; 
    (b) a general description of the interceptions made or 
information obtained under such order or extension, including 
(i) the approximate nature and frequency of incriminating 
communications intercepted or evidence obtained, (ii) the 
approximate nature and frequency of other communications 
intercepted, (iii) the approximate number of persons whose 
communications were intercepted or whose activities were 
monitored, and (iv) the approximate nature, amount, and cost of 
the personnel and other resources used in the interceptions or 
the use of the pen register, trap and trace device, or mobile 
tracking device; 
    (c) the number of arrests resulting from interceptions made 
or activity conducted under such order or extension, and the 
offenses for which arrests were made; 
    (d) the number of trials resulting from such 
interceptions or activity; 
    (e) the number of motions to suppress made with respect to 
such interceptions or activity, and the number granted or 
denied; 
    (f) the number of convictions resulting from such 
interceptions or activity and the offenses for which the 
convictions were obtained and a general assessment of the 
importance of the interceptions or activity; and 
    (g) the information required by paragraphs (b) through (f) 
of this subdivision with respect to orders or extensions 
obtained in a preceding calendar year.  
    Subd. 3.  [REPORT TO LEGISLATURE BY STATE COURT 
ADMINISTRATOR.] On or before November 15 of each even numbered 
year, the state court administrator shall transmit to the 
legislature a report concerning (a) all warrants and orders 
authorizing the interception of communications and the use of a 
pen register, trap and trace device, mobile tracking device, or 
other electronic or mechanical device during the two previous 
calendar years and (b) all applications that were denied during 
the two previous calendar years.  Each such report shall include 
a summary and analysis of the data required to be filed under 
this section.  The report is public and must be available for 
public inspection at the legislative reference library and the 
state court administrator's office. 
    Sec. 8.  Minnesota Statutes 1988, section 626A.35, is 
amended to read: 
    626A.35 [GENERAL PROHIBITION ON PEN REGISTER AND, TRAP AND 
TRACE DEVICE, AND MOBILE TRACKING DEVICE USE; EXCEPTION.] 
    Subdivision 1.  [IN GENERAL.] Except as provided in this 
section, no person may install or use a pen register or a, trap 
and trace device, or mobile tracking device without first 
obtaining a court order under section 626A.37. 
    Subd. 2.  [EXCEPTION.] The prohibition of subdivision 1 
does not apply with respect to the use of a pen register or a 
trap and trace device by a provider of electronic or wire 
communication service:  
    (1) relating to the operation, maintenance, and testing of 
a wire or electronic communication service or to the protection 
of the rights or property of the provider, or to the protection 
of users of that service from abuse of service or unlawful use 
of service; or 
    (2) to record the fact that a wire or electronic 
communication was initiated or completed in order to protect the 
provider, another provider furnishing service toward the 
completion of the wire communication, or a user of that service, 
from fraudulent, unlawful, or abusive use of service; or 
    (3) where the consent of the user of that service has been 
obtained.  
     Subd. 2a.  [EXCEPTION.] The prohibition of subdivision 1 
does not apply to the use of a mobile tracking device where the 
consent of the owner of the object to which the mobile tracking 
device is to be attached has been obtained. 
    Subd. 3.  [PENALTY.] Whoever knowingly violates subdivision 
1 shall be fined not more than $3,000 or imprisoned not more 
than one year, or both.  
     Sec. 9.  Minnesota Statutes 1988, section 626A.36, is 
amended to read: 
    626A.36 [APPLICATION FOR AN ORDER FOR A PEN REGISTER OR A, 
TRAP AND TRACE DEVICE, OR MOBILE TRACKING DEVICE.] 
    Subdivision 1.  [APPLICATION.] An investigative or law 
enforcement officer with responsibility for an ongoing criminal 
investigation may make application for an order or an extension 
of an order under section 626A.37 authorizing or approving the 
installation and use of a pen register or a, trap and trace 
device, or mobile tracking device under sections 626A.35 to 
626A.39, in writing under oath or equivalent affirmation, to a 
district court.  
    Subd. 2.  [CONTENTS OF APPLICATION.] An application under 
subdivision 1 must include:  
    (1) the identity of the law enforcement or investigative 
officer making the application, the identity of any other 
officer or employee authorizing or directing the application, 
and the identity of the law enforcement agency conducting the 
investigation; and 
    (2) a certification by the applicant that the information 
likely to be obtained is relevant to an ongoing criminal 
investigation being conducted by that agency a statement of the 
facts and circumstances relied upon by the applicant to justify 
the applicant's belief that an order should be issued. 
    Sec. 10.  Minnesota Statutes 1988, section 626A.37, is 
amended to read: 
    626A.37 [ISSUANCE OF AN ORDER FOR A PEN REGISTER OR A, TRAP 
AND TRACE DEVICE, OR MOBILE TRACKING DEVICE.] 
     Subdivision 1.  [IN GENERAL.] Upon an application made 
under section 626A.36, the court shall may enter an ex parte 
order authorizing the installation and use of a pen register or 
a, trap and trace device, or mobile tracking device within the 
jurisdiction of the court if the court finds that the law 
enforcement or investigative officer has certified to the 
court on the basis of the information submitted by the applicant 
that there is reason to believe that the information likely to 
be obtained by the installation and use is relevant to an 
ongoing criminal investigation. 
    Subd. 2.  [CONTENTS OF ORDER.] (a) An order issued under 
this section must specify:  
    (1) the identity, if known, of the person to whom is leased 
or in whose name is listed the telephone line to which the pen 
register or trap and trace device is to be attached or of the 
person to be traced by the mobile tracking device; 
    (2) the identity, if known, of the person who is the 
subject of the criminal investigation; 
    (3) the number and, if known, physical location of the 
telephone line to which the pen register or trap and trace 
device is to be attached or the identity or nature of the object 
or objects to which the mobile tracking device is to be 
attached, and, in the case of a trap and trace device, the 
geographic limits of the trap and trace order; and 
    (4) a statement of the offense to which the information 
likely to be obtained by the pen register or, trap and trace 
device, or mobile tracking device relates; 
     (5) the identity of the law enforcement or investigative 
officer responsible for installation and use of the pen 
register, trap and trace device, or mobile tracking device; and 
    (6) the period during which the use of the pen register, 
trap and trace device, or mobile tracking device is authorized. 
    (b) An order issued under this section must direct, upon 
the request of the applicant, the furnishing of information, 
facilities, and technical assistance necessary to accomplish the 
installation of the pen register or, trap and trace device, or 
mobile tracking device under section 626A.38. 
    Subd. 3.  [TIME PERIOD AND EXTENSIONS.] (a) An order issued 
under this section must authorize the installation and use of a 
pen register or, a trap and trace device, or a mobile tracking 
device for a period not to exceed 60 days, or the period 
necessary to achieve the objective of the authorization, 
whichever is less.  
    (b) Extensions of an order may be granted, but only upon an 
application for an order under section 626A.36 and upon the 
judicial finding required by subdivision 1.  The extension must 
include a statement of any changes in the information required 
in subdivision 2.  The period of extension must be for a period 
not to exceed 60 days, or the period necessary to achieve the 
objective for which it is granted, whichever is less.  
    Subd. 4.  [NONDISCLOSURE OF EXISTENCE OF PEN REGISTER OR A, 
TRAP AND TRACE DEVICE, OR MOBILE TRACKING DEVICE.] An order 
authorizing or approving the installation and use of a pen 
register or a, trap and trace device, or a mobile tracking 
device must direct that:  
    (1) the order be sealed until otherwise ordered by the 
court; and 
    (2) the person owning or leasing the line to which the pen 
register or a trap and trace device is attached, or who has been 
ordered by the court to provide assistance to the applicant, not 
disclose the existence of the pen register or, trap and trace 
device, mobile tracking device, or the existence of the 
investigation to the listed subscriber, or to any other person, 
unless or until otherwise ordered by the court.  
    Subd. 5.  [JURISDICTION.] A warrant or other order for a 
mobile tracking device issued under this section or other 
authority may authorize the use of a mobile tracking device 
within the jurisdiction of the court and outside of that 
jurisdiction as long as the device is installed in the 
jurisdiction. 
    Sec. 11.  Minnesota Statutes 1988, section 626A.38, 
subdivision 1, is amended to read: 
    Subdivision 1.  [PEN REGISTERS OR MOBILE TRACKING DEVICES.] 
Upon the request of an officer of a law enforcement agency 
authorized to install and use a pen register or mobile tracking 
device under sections 626A.35 to 626A.39, a provider of wire or 
electronic communication service, landlord, custodian, or other 
person shall furnish the investigative or law enforcement 
officer immediately with all information, facilities, and 
technical assistance necessary to accomplish the installation of 
the pen register or mobile tracking device unobtrusively and 
with a minimum of interference with the services that the person 
so ordered by the court accords the party with respect to whom 
the installation and use is to take place, if the assistance is 
directed by a court order as provided in section 626A.37, 
subdivision 2, paragraph (b). 
    Sec. 12.  [626A.381] [SERVICE OF NOTICE; INVENTORY.] 
    Subdivision 1.  [NOTICE REQUIRED.] Except as provided in 
subdivision 2, within a reasonable time not later than 90 days 
after the filing of an application under section 626A.36, if the 
application is denied, or of the termination of an order, as 
extended under section 626A.37, the issuing or denying judge 
shall have served on the persons named in the order or 
application an inventory that includes notice of:  
    (1) the fact of the entry of the order or the application; 
    (2) the date of the entry and the period of authorized, 
approved, or disapproved activity under the order, or the denial 
of the application; and 
    (3) the fact that during the period, activity did or did 
not take place under the order.  
    Subd. 2.  [EXCEPTION.] On an ex parte showing of good 
cause, a judge may postpone or dispense with service of the 
inventory required by this section. 
    Subd. 3.  [INSPECTION.] The judge, upon the filing of a 
motion, may make available to a person or the person's counsel 
portions of the results of activity under the order or referred 
to in the application, or the order or application as the judge 
determines is in the interest of justice.  
    Sec. 13.  Minnesota Statutes 1988, section 626A.39, is 
amended by adding a subdivision to read: 
    Subd. 5.  [MOBILE TRACKING DEVICE.] "Mobile tracking device"
means an electronic or mechanical device that permits the 
tracking of the movement of a person or object.  
    Sec. 14.  [626A.391] [CIVIL ACTION; DAMAGES.] 
    Subdivision 1.  [GENERAL.] A person who is harmed by a 
violation of sections 626A.35 to 626A.39 may bring a civil 
action against the person who violated these sections for 
damages and other appropriate relief, including: 
    (1) preliminary and equitable or declaratory relief; and 
    (2) reasonable costs and attorneys fees.  
    Subd. 2.  [LIMITATION.] An action under this section must 
be commenced within two years after:  
    (1) the occurrence of the violation; or 
    (2) the date upon which the claimant first had a reasonable 
opportunity to discover the violation.  
    Subd. 3.  [DEFENSES.] 
    (1) A good faith reliance on a court warrant or order, a 
grand jury subpoena, or a statutory authorization; or 
    (2) A good faith reliance on a request of an investigative 
or law enforcement officer under United States Code, title 18, 
section 2518(7) 
is a complete defense against any civil or criminal action 
brought under sections 626A.35 to 626A.39. 
    Sec. 15.  Minnesota Statutes 1988, section 626A.40, is 
amended to read: 
    626A.40 [SUBJECT TO OTHER LAWS.] 
    Nothing in sections 626A.24 to 626A.39 must be considered 
to authorize this chapter authorizes conduct constituting a 
violation of any law of the United States. 
    Sec. 16.  [626A.41] [CITATION.] 
    This chapter may be cited as the privacy of communications 
act.  
    Sec. 17.  [REPEALER.] 
    Minnesota Statutes 1988, sections 626A.12, subdivision 1a; 
626A.22; 626A.23; 626A.24; and 626A.38, subdivision 5, are 
repealed. 

                                ARTICLE 2
    Section 1.  [8.16] [ATTORNEY GENERAL; ADMINISTRATIVE 
SUBPOENAS.] 
    Subdivision 1.  [AUTHORITY.] The attorney general, or any 
deputy, assistant, or special assistant attorney general whom 
the attorney general authorizes in writing, has the authority in 
any county of the state to subpoena and require the production 
of any records of telephone companies, electric companies, gas 
companies, water utilities, chemical suppliers, hotels and 
motels, airlines, buses, taxis, and other entities engaged in 
the business of transporting people, and freight companies, 
warehousing companies, package delivery companies, and other 
entities engaged in the businesses of transport, storage, or 
delivery.  Subpoenas may only be issued for records that are 
relevant to an ongoing legitimate law enforcement investigation. 
    Subd. 2.  [ENFORCEMENT.] The subpoena shall be enforceable 
through the district court.  
    Subd. 3.  [EXPENSES.] The person directed to produce the 
records must be paid reasonable expenses incurred in producing 
the records.  
    Subd. 4.  [DISCLOSURE PROHIBITED.] The subpoena must state 
that the person to whom the subpoena is directed may not 
disclose the fact that the subpoena was issued or the fact that 
the requested records have been produced except: 
    (1) insofar as the disclosure is necessary to find and 
disclose the records; or 
    (2) pursuant to court order. 
    Subd. 5.  [PENALTY.] The willful failure to produce the 
documents required by the subpoena is a misdemeanor. 
    Subd. 6.  [EX PARTE ORDER.] Upon the ex parte request of 
the attorney issuing the subpoena, the district court may issue 
an order directing the production of the records.  It is not 
necessary for either the request or the order to be filed with 
the court administrator.  Failure to comply with the court order 
subjects the person who fails to comply to civil or criminal 
contempt of court, or both. 
    Sec. 2.  [388.23] [COUNTY ATTORNEY; ADMINISTRATIVE 
SUBPOENAS.] 
    Subdivision 1.  [AUTHORITY.] The county attorney, or any 
deputy or assistant county attorney whom the county attorney 
authorizes in writing, has the authority in that county to 
subpoena and require the production of any records of telephone 
companies, electric companies, gas companies, water utilities, 
chemical suppliers, hotels and motels, airlines, buses, taxis, 
and other entities engaged in the business of transporting 
people, and freight companies, warehousing companies, package 
delivery companies, and other entities engaged in the businesses 
of transport, storage, or delivery.  Subpoenas may only be 
issued for records that are relevant to an ongoing legitimate 
law enforcement investigation.  
    Subd. 2.  [ENFORCEMENT.] The subpoena shall be enforceable 
through the district court. 
    Subd. 3.  [EXPENSES.] The person directed to produce the 
records shall be paid reasonable expenses incurred in producing 
the records. 
    Subd. 4.  [DISCLOSURE PROHIBITED.] The subpoena must state 
that the person to whom the subpoena is directed may not 
disclose the fact that the subpoena was issued or the fact that 
the requested records have been given to law enforcement 
personnel except: 
    (1) insofar as the disclosure is necessary to find and 
disclose the records; or 
    (2) pursuant to court order. 
    Subd. 5.  [PENALTY.] The willful failure to produce the 
documents required by the subpoena is a misdemeanor. 
    Subd. 6.  [EX PARTE ORDER.] Upon the ex parte request of 
the attorney issuing the subpoena, the district court may issue 
an order directing the production of the records.  It is not 
necessary for either the request or the order to be filed with 
the court administrator.  Failure to comply with the court order 
subjects the person who fails to comply to civil or criminal 
contempt of court, or both. 
    Sec. 3.  [609.4975] [WARNING SUBJECT OF SURVEILLANCE OR 
SEARCH.] 
    Subdivision 1.  [ELECTRONIC COMMUNICATION.] Whoever, having 
knowledge that an investigative or law enforcement officer has 
been authorized or has applied for authorization under sections 
626A.01 to 626A.23 to intercept a wire, oral, or electronic 
communication, and with intent to obstruct, impede, or prevent 
interception, gives notice or attempts to give notice of the 
possible interception to a person, may be sentenced to 
imprisonment for not more than five years or to payment of a 
fine of not more than $10,000, or both. 
    Subd. 2.  [PEN REGISTER.] Whoever, having knowledge that an 
investigative or law enforcement officer has been authorized or 
has applied for authorization under sections 626A.01 to 626A.23 
to install and use a pen register or a trap and trace device, 
and with intent to obstruct, impede, or prevent the purposes for 
which the installation and use is being made, gives notice or 
attempts to give notice of the installation or use to any 
person, may be sentenced to imprisonment for not more than five 
years or to payment of a fine of not more than $10,000, or both. 
    Subd. 3.  [SEARCH WARRANT.] Whoever, having knowledge that 
a peace officer has been issued or has applied for the issuance 
of a search warrant, and with intent to obstruct, impede, or 
prevent the search, gives notice or attempts to give notice of 
the search or search warrant to any person, may be sentenced to 
imprisonment for not more than five years or to payment of a 
fine of not more than $10,000, or both. 
    Sec. 4.  [609.4971] [WARNING SUBJECT OF INVESTIGATION.] 
    Whoever, having knowledge that a subpoena has been issued 
under sections 1 and 2, and with intent to obstruct, impede, or 
prevent the investigation for which the subpoena was issued, 
gives notice or attempts to give notice of the issuance of the 
subpoena or the production of the documents to a person, may be 
sentenced to imprisonment for not more than five years or to 
payment of a fine of not more than $10,000, or both. 
    Sec. 5.  Minnesota Statutes 1988, section 626A.06, 
subdivision 1, is amended to read: 
    Subdivision 1.  [THE APPLICATIONS.] Each application for a 
warrant authorizing or approving the interception of a wire, 
electronic, or oral communication shall be made in writing upon 
oath or affirmation to a judge of the district court, of the 
court of appeals, or of the supreme court and shall state the 
applicant's authority to make such application.  Each 
application shall include the following information: 
    (a) the identity of the investigative or law enforcement 
officer making the application, and the officer authorizing the 
application; 
    (b) a full and complete statement of the facts and 
circumstances relied upon by the applicant, to justify the 
applicant's belief that an order should be issued, including (i) 
details as to the particular offense that has been, is being, or 
is about to be committed, (ii) except as provided in subdivision 
11, a particular description of the nature and location of the 
facilities from which or the place where the communication is to 
be intercepted, (iii) a particular description of the type of 
communications sought to be intercepted, (iv) the identity of 
the person, if known, committing the offense and whose 
communications are to be intercepted; 
     (c) a full and complete statement as to whether or not 
other investigative procedures have been tried and failed or why 
they reasonably appear to be unlikely to succeed if tried or to 
be too dangerous; 
     (d) a statement of the period of time for which the 
interception is required to be maintained.  If the nature of the 
investigation is such that the authorization for interception 
should not automatically terminate when the described type of 
communication has been first obtained, a particular description 
of facts establishing probable cause to believe that additional 
communications of the same type will occur thereafter; 
     (e) a full and complete statement of the facts concerning 
all previous applications known to the individual authorizing 
and making the application, made to any judge for authorization 
to intercept, or for approval of interceptions of, wire, 
electronic, or oral communications involving any of the same 
persons, facilities, or places specified in the application, and 
the action taken by the judge on each such application; 
    (f) where statements in the application are solely upon the 
information or belief of the applicant, the grounds for the 
belief must be given; and 
    (g) the names of persons submitting affidavits in support 
of the application. 
    Sec. 6.  [626A.065] [EMERGENCY INTERCEPTION.] 
      Notwithstanding any other provision in sections 626A.01 to 
626A.23, any investigative or law enforcement officer, specially 
designated by the attorney general or a county attorney, who:  
     (1) reasonably determines that: 
    (i) an emergency situation exists that involves immediate 
danger of death or serious physical injury to any person that 
requires a wire, oral, or electronic communication to be 
intercepted before a warrant authorizing such interception can, 
with due diligence, be obtained; and 
    (ii) there are grounds upon which a warrant could be issued 
under section 626A.01 to 626A.23 to authorize the interception; 
and 
    (2) obtains approval from a judge of the district court, of 
the court of appeals, or of the supreme court, 
may intercept the wire, oral, or electronic communication.  The 
judge's approval may be given orally and may be given in person 
or by using any medium of communication.  The judge shall do one 
of the following:  make written notes summarizing the 
conversation, tape record the conversation, or have a court 
reporter record the conversation.  An application for a warrant 
approving the interception must be made in accordance with 
section 626A.06 within 36 hours after the interception has 
occurred, or begins to occur.  In the absence of a warrant, the 
interception must immediately end when the communication sought 
is obtained or when the application for the warrant is denied, 
whichever is earlier.  If application for approval is denied, or 
in any other case where the interception is ended without a 
warrant having been issued, the contents of a wire, oral, or 
electronic communication intercepted must be treated as having 
been obtained in violation of sections 626A.01 to 626A.23 and an 
inventory shall be served as provided for in section 626A.10 on 
the person named in the application. 
    Sec. 7.  Laws 1988, chapter 577, section 63, is amended as 
follows:  
    Sec. 63.  [EFFECTIVE DATE.] 
    Sections 1 to 61 are effective August 1, 1988, and apply to 
crimes committed on or after that date.  Section 62 is effective 
August 1, 1989. 
    Sec. 8.  [REPEALER.] 
    Laws 1988, chapter 577, section 62, is repealed. 
    Sec. 9.  [EFFECTIVE DATE.] 
    Sections 7 and 8 are effective the day following final 
enactment. 
    Presented to the governor May 26, 1989 
    Signed by the governor May 26, 1989, 6:08 p.m.