Minnesota Legislature
Office of the Revisor of Statutes
2006 Minnesota Statutes
This is an historical version of this statute chapter. Also view the most recent published version.
198.33 PRIVACY OF RESIDENTS; SEARCH AND SEIZURE LIMITED TO CRIMINAL
WARRANT.
Subdivision 1. Searches prohibited. Residents of the Minnesota veterans homes have the
right to a legitimate expectation of privacy in their persons 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 board, and is subject to the following:
(a) Prior to conducting a search of a resident's room or property, the administrator or
the administrator's designee 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 the room or
property and shall be present during the conduct of the search if the resident requests to be present.
A copy of the written authorization to conduct the search 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 homes may
be grounds for dismissal.
Subd. 2. Waiver prohibited. The Minnesota veterans homes may not require a resident to
waive protection against unreasonable searches and seizures as a condition of eligibility for
admission or continuing residence at a 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 the property under section 626.21.
History: 1983 c 174 s 1; 1986 c 444; 1988 c 699 s 28; 1992 c 410 s 2
WARRANT.
Subdivision 1. Searches prohibited. Residents of the Minnesota veterans homes have the
right to a legitimate expectation of privacy in their persons 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 board, and is subject to the following:
(a) Prior to conducting a search of a resident's room or property, the administrator or
the administrator's designee 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 the room or
property and shall be present during the conduct of the search if the resident requests to be present.
A copy of the written authorization to conduct the search 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 homes may
be grounds for dismissal.
Subd. 2. Waiver prohibited. The Minnesota veterans homes may not require a resident to
waive protection against unreasonable searches and seizures as a condition of eligibility for
admission or continuing residence at a 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 the property under section 626.21.
History: 1983 c 174 s 1; 1986 c 444; 1988 c 699 s 28; 1992 c 410 s 2
Official Publication of the State of Minnesota
Revisor of Statutes