Minnesota Session Laws - 2003, Regular Session

                             CHAPTER 86-S.F.No. 256 
                  An act relating to crime prevention; making changes 
                  related to search warrants; amending Minnesota 
                  Statutes 2002, sections 626.11; 626.13. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 2002, section 626.11, is 
        amended to read: 
           626.11 [ISSUANCE OF WARRANT.] 
           (a) If the judge is satisfied of the existence of the 
        grounds of the application, or that there is probable cause to 
        believe their existence, the judge must issue a signed search 
        warrant, naming the judge's judicial office, to a peace 
        officer having jurisdiction in the area where the place to be 
        searched is located, to an agent of the bureau of criminal 
        apprehension, to an officer of the metropolitan transit police, 
        or to an agent of the division of alcohol and gambling 
        enforcement who is a licensed peace officer as defined in 
        section 626.84, subdivision 1, paragraph (c) inside or outside 
        the officer's jurisdiction.  The warrant shall direct the 
        officer or agent to search the person or place named for the 
        property or things specified, and to retain the property or 
        things in the officer's or agent's custody subject to order of 
        the court issuing the warrant.  
           (b) Nothing in sections 626.04 to 626.17 is meant to 
        supersede another law or statute that limits a peace officer's 
        authority to obtain, serve, or execute a search warrant. 
           Sec. 2.  Minnesota Statutes 2002, section 626.13, is 
        amended to read: 
           626.13 [SERVICE; PERSONS MAKING.] 
           A search warrant may in all cases be served anywhere within 
        the issuing judge's jurisdiction by any of the officers 
        mentioned in its directions, but by no other person, except in 
        aid of the officer on the officer's requiring it, the officer 
        being present and acting in its execution.  If the warrant is to 
        be served by an agent of the bureau of criminal apprehension, an 
        agent of the division of alcohol and gambling enforcement, a 
        state patrol trooper, a metropolitan transit police officer, or 
        a conservation officer, the agent, state patrol trooper, police 
        officer, or conservation officer An officer serving and 
        executing a warrant shall notify the chief of police of an 
        organized full-time police department of the municipality or, if 
        there is no such local chief of police, the sheriff or a deputy 
        sheriff of the county in which service is to be made prior 
        to service and execution. 
           Sec. 3.  [EFFECTIVE DATE.] 
           Sections 1 and 2 are effective August 1, 2003, and apply to 
        search warrants issued or served on or after that date. 
           Presented to the governor May 20, 2003 
           Signed by the governor May 23, 2003, 3:10 p.m.