2007 Minnesota Statutes

626A.11 ADMISSIBILITY OF INTERCEPTED EVIDENCE.
    Subdivision 1. Illegally obtained evidence inadmissible. Evidence obtained by any act of
intercepting wire, 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: (1)
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 this chapter; and (2) any evidence
obtained by a lawfully executed warrant to intercept wire, oral, or electronic communications
issued by a federal court or by a court of competent jurisdiction of another state shall be
admissible in any civil or criminal proceeding.
    Subd. 2. Official available as a witness. No evidence obtained as a result of intercepting
wire, 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.
    Subd. 3. Failure to give notice. In the absence of the notice to a defendant required by
section 626A.10, no evidence relating to intercepted communications shall be admissible in
evidence or otherwise disclosed in any criminal proceeding against the defendant.
    Subd. 4. Remedies and sanctions. The remedies and sanctions described in this chapter
with respect to the interception of electronic communications are the only judicial remedies and
sanctions for nonconstitutional violations of this chapter involving communications.
History: 1969 c 953 s 11; 1988 c 577 s 39-41,62; 1989 c 336 art 1 s 4,5; art 2 s 8; 1990 c
426 art 2 s 1; 1993 c 326 art 7 s 20