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Chapter 626A
Section 626A.05
Topics
Recent History
- 2023 Subd. 2 Amended 2023 c 52 art 20 s 32
- 1994 Subd. 2 Amended 1994 c 636 art 2 s 63
This is an historical version of this statute chapter. Also view the most recent published version.
626A.05 AUTHORIZATION FOR INTERCEPTION OF WIRE OR ORAL
COMMUNICATIONS.
Subdivision 1. Application for warrant. The attorney general or a county attorney of
any county may make application as provided in section 626A.06, to a judge of the district
court, of the Court of Appeals, or of the Supreme Court for a warrant authorizing or approving
the interception of wire, electronic, or oral communications by investigative or law enforcement
officers having responsibility for the investigation of the offense as to which the application is
made. No court commissioner shall issue a warrant under this chapter.
Subd. 2. Offenses for which interception of wire or oral communication may be
authorized. A warrant authorizing interception of wire, electronic, or oral communications by
investigative or law enforcement officers may only be issued when the interception may provide
evidence of the commission of, or of an attempt or conspiracy to commit, any of the following
offenses:
(1) a felony offense involving murder, manslaughter, assault in the first, second, and third
degrees, aggravated robbery, kidnapping, criminal sexual conduct in the first, second, and third
degrees, prostitution, bribery, perjury, escape from custody, theft, receiving stolen property,
embezzlement, burglary in the first, second, and third degrees, forgery, aggravated forgery,
check forgery, or financial transaction card fraud, as punishable under sections 609.185, 609.19,
609.195, 609.20, 609.221, 609.222, 609.223, 609.2231, 609.245, 609.25, 609.321 to 609.324,
609.342, 609.343, 609.344, 609.42, 609.48, 609.485, subdivision 4, paragraph (a), clause (1),
609.52, 609.53, 609.54, 609.582, 609.625, 609.63, 609.631, 609.821, and 609.825;
(2) an offense relating to gambling or controlled substances, as punishable under section
609.76 or chapter 152; or
(3) an offense relating to restraint of trade defined in section 325D.53, subdivision 1 or 2, as
punishable under section 325D.56, subdivision 2.
History: 1969 c 953 s 5; 1971 c 24 s 56; 1973 c 704 s 1; 1976 c 253 s 1; 1979 c 255 s 8;
1982 c 613 s 6; 1987 c 217 s 3; 1987 c 329 s 17; 1987 c 384 art 2 s 112; 1988 c 577 s 21,22,62;
1989 c 336 art 2 s 8; 1991 c 199 art 2 s 1; 1993 c 326 art 7 s 15; 1994 c 636 art 2 s 63
COMMUNICATIONS.
Subdivision 1. Application for warrant. The attorney general or a county attorney of
any county may make application as provided in section 626A.06, to a judge of the district
court, of the Court of Appeals, or of the Supreme Court for a warrant authorizing or approving
the interception of wire, electronic, or oral communications by investigative or law enforcement
officers having responsibility for the investigation of the offense as to which the application is
made. No court commissioner shall issue a warrant under this chapter.
Subd. 2. Offenses for which interception of wire or oral communication may be
authorized. A warrant authorizing interception of wire, electronic, or oral communications by
investigative or law enforcement officers may only be issued when the interception may provide
evidence of the commission of, or of an attempt or conspiracy to commit, any of the following
offenses:
(1) a felony offense involving murder, manslaughter, assault in the first, second, and third
degrees, aggravated robbery, kidnapping, criminal sexual conduct in the first, second, and third
degrees, prostitution, bribery, perjury, escape from custody, theft, receiving stolen property,
embezzlement, burglary in the first, second, and third degrees, forgery, aggravated forgery,
check forgery, or financial transaction card fraud, as punishable under sections 609.185, 609.19,
609.195, 609.20, 609.221, 609.222, 609.223, 609.2231, 609.245, 609.25, 609.321 to 609.324,
609.342, 609.343, 609.344, 609.42, 609.48, 609.485, subdivision 4, paragraph (a), clause (1),
609.52, 609.53, 609.54, 609.582, 609.625, 609.63, 609.631, 609.821, and 609.825;
(2) an offense relating to gambling or controlled substances, as punishable under section
609.76 or chapter 152; or
(3) an offense relating to restraint of trade defined in section 325D.53, subdivision 1 or 2, as
punishable under section 325D.56, subdivision 2.
History: 1969 c 953 s 5; 1971 c 24 s 56; 1973 c 704 s 1; 1976 c 253 s 1; 1979 c 255 s 8;
1982 c 613 s 6; 1987 c 217 s 3; 1987 c 329 s 17; 1987 c 384 art 2 s 112; 1988 c 577 s 21,22,62;
1989 c 336 art 2 s 8; 1991 c 199 art 2 s 1; 1993 c 326 art 7 s 15; 1994 c 636 art 2 s 63
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Revisor of Statutes