Bill Text: MN SF2466 | 2013-2014 | 88th Legislature | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Law enforcement electronic device (cell phone) location information data tracking warrant requirement
Spectrum: Bipartisan Bill
Status: (Passed) 2014-05-16 - Secretary of State, Filed [SF2466 Detail]
Download: Minnesota-2013-SF2466-Engrossed.html
Bill Title: Law enforcement electronic device (cell phone) location information data tracking warrant requirement
Spectrum: Bipartisan Bill
Status: (Passed) 2014-05-16 - Secretary of State, Filed [SF2466 Detail]
Download: Minnesota-2013-SF2466-Engrossed.html
1.2relating to public safety; requiring law enforcement to secure a search warrant in
1.3order to receive cell phone tracking data;amending Minnesota Statutes 2012,
1.4section 626A.28, subdivision 3; proposing coding for new law in Minnesota
1.5Statutes, chapter 626A.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2012, section 626A.28, subdivision 3, is amended to read:
1.8 Subd. 3. Records concerning electronic communication service or remote
1.9computing service. (a) Except as provided in paragraph (b) or chapter 325M, a provider
1.10of electronic communication service or remote computing service may disclose a record
1.11or other information pertaining to a subscriber to or customer of the service, not including
1.12the contents of communications covered by subdivision 1 or 2, to any person other than a
1.13governmental entity.
1.14(b) A provider of electronic communication service or remote computing service
1.15may disclose a record or other information pertaining to a subscriber to or customer of the
1.16service, not including the contents of communications covered by subdivision 1 or 2, to a
1.17governmental entity only when the governmental entity:
1.18(1) uses an administrative subpoena authorized by statute, or a grand jury subpoena;
1.19(2) obtains a warrant;
1.20(3) obtains a court order for such disclosure under subdivision 4; or
1.21(4) has the consent of the subscriber or customer to the disclosure.
1.22(c) A governmental entity receiving records or information under this subdivision is
1.23not required to provide notice to a subscriber or customer.
2.1(d) Notwithstanding paragraph (b), a provider of electronic communication service
2.2or remote computing service may not disclose location information covered by section
2.3626A.42 to a government entity except as provided in that section.
2.4 Sec. 2. [626A.42] ELECTRONIC DEVICE LOCATION INFORMATION.
2.5 Subdivision 1. Definitions. (a) The definitions in this subdivision apply to this
2.6section.
2.7(b) An "adverse result" occurs when notification of the existence of a search warrant
2.8results in:
2.9(1) danger to the life or physical safety of an individual;
2.10(2) a flight from prosecution;
2.11(3) the destruction of or tampering with evidence;
2.12(4) the intimidation of potential witnesses; or
2.13(5) serious jeopardy to an investigation or undue delay of a trial.
2.14(c) "Electronic communication service" has the meaning given in section 626A.01,
2.15subdivision 17.
2.16(d) "Electronic device" means a device that enables access to or use of an electronic
2.17communication service, remote computing service, or location information service.
2.18(e) "Government entity" means a state or local agency, including but not limited to a
2.19law enforcement entity or any other investigative entity, agency, department, division,
2.20bureau, board, or commission or an individual acting or purporting to act for or on behalf
2.21of a state or local agency.
2.22(f) "Location information" means information concerning the location of an
2.23electronic device that, in whole or in part, is generated or derived from or obtained by the
2.24operation of an electronic device.
2.25(g) "Location information service" means the provision of a global positioning
2.26service or other mapping, locational, or directional information service.
2.27(h) "Remote computing service" has the meaning given in section 626A.34.
2.28 Subd. 2. Search warrant required for location information. (a) Except as
2.29provided in paragraph (b), a government entity may not obtain the location information
2.30of an electronic device without a search warrant. A warrant granting access to location
2.31information must be issued only if the government entity shows that there is probable
2.32cause the person who possesses an electronic device is committing, has committed, or is
2.33about to commit a crime.
2.34(b) A government entity may obtain location information without a search warrant:
2.35(1) when the electronic device is reported lost or stolen by the owner;
3.1(2) in order to respond to the user's call for emergency services;
3.2(3) with the informed, affirmative, documented consent of the owner or user of the
3.3electronic device;
3.4(4) with the informed, affirmative consent of the legal guardian or next of kin of
3.5the owner or user if the owner or user is believed to be deceased or reported missing and
3.6unable to be contacted; or
3.7(5) when an emergency involving immediate danger of death or serious physical
3.8injury to a person who possesses an electronic communications device pursuant to sections
3.9237.82 and 237.83 requires obtaining information relating to the emergency without delay,
3.10and the search is narrowly tailored to address the emergency.
3.11(c) A government entity exercising the warrantless emergency search authority under
3.12paragraph (b), clause (5), must document the basis for determining that an emergency
3.13involving immediate danger of death or serious physical injury to a person requires
3.14obtaining, without delay, location information relating to the emergency and, not later
3.15than 48 hours after the date on which the government entity obtains access to location
3.16information, the government entity shall file with the appropriate court a signed, sworn
3.17statement of a supervisory official setting forth the grounds for the emergency access.
3.18 Subd. 3. Time period and extensions. (a) A search warrant issued under this section
3.19must authorize the collection of location information for a period not to exceed 60 days, or
3.20the period of time necessary to achieve the objective of the authorization, whichever is less.
3.21(b) Extensions of a warrant may be granted, but only upon an application for an
3.22order and upon the judicial finding required by subdivision 2. The period of extension
3.23must be for a period not to exceed 60 days, or the period of time necessary to achieve the
3.24objective for which it is granted, whichever is less.
3.25(c) Paragraphs (a) and (b) apply only to search warrants issued for the
3.26contemporaneous collection of electronic device location information.
3.27 Subd. 4. Notice. (a) Notice must be given to the owner or user of an electronic
3.28device whose location information was obtained by a government entity.
3.29(b) Unless delayed notice is ordered under paragraph (c), the government entity
3.30shall provide notice to the owner or user that location information was obtained by the
3.31government entity from the owner's or user's electronic device within three days of
3.32obtaining the location information. The notice must be made by service or delivered by
3.33registered or first-class mail. The notice must contain the following information:
3.34(1) the nature of the government entity inquiry, with reasonable specificity;
4.1(2) the location information of the owner or user that was obtained by, supplied to,
4.2or requested by the government entity and the date on which it was obtained, provided,
4.3or requested;
4.4(3) if location information was obtained from a provider of electronic communication
4.5service or other third party, the identity of the provider of electronic communication
4.6service or the third party from whom the information was obtained; and
4.7(4) whether the notification was delayed pursuant to paragraph (c) and, if so, the
4.8court that granted the delay and the reasons for granting the delay.
4.9(c) A government entity may include in the application for a warrant a request
4.10for an order to delay the notification required under this subdivision for a period not to
4.11exceed 90 days. The court shall issue the order if the court determines that there is reason
4.12to believe that notification may have an adverse result. Upon expiration of the period of
4.13delay granted under this subdivision and any extension granted under paragraph (e), the
4.14government entity shall provide the owner or user a copy of the warrant together with a
4.15notice pursuant to paragraph (b).
4.16(d) A government entity may include in its application for a warrant a request for
4.17an order directing a provider of electronic communication service to which a warrant is
4.18directed not to notify any other person of the existence of the warrant for a period of not
4.19more than 90 days. The court shall issue the order if the court determines that there is reason
4.20to believe that notification of the existence of the warrant may have an adverse result.
4.21(e) The court, upon application, may grant one or more extensions of orders granted
4.22under paragraph (c) or (d) for up to an additional 90 days.
4.23 Subd. 5. Reporting. (a) By January 31 of each calendar year, any judge issuing
4.24or denying a warrant or receiving a report of emergency access to location information
4.25under subdivision 2 during the preceding calendar year shall report on each warrant or
4.26notice of emergency access to the state court administrator:
4.27(1) the date the warrant was applied for or the notice was received;
4.28(2) the agency making the application or notice;
4.29(3) the offense, if any, specified in the warrant application, warrant, or notice;
4.30(4) the nature of the facilities from which, the place where, or the technique by
4.31which location information was to be obtained;
4.32(5) the expected number of devices about which location information was obtained;
4.33(6) whether the warrant was granted as applied for, was modified, or was denied; and
4.34(7) the period of disclosures authorized by the warrant, and the number and duration
4.35of any extensions of the warrant.
5.1(b) In June of each year, beginning in 2014, the state court administrator shall
5.2transmit to the legislature a full and complete record concerning the number of applications
5.3for warrants authorizing or requiring the disclosure of location information, the number of
5.4times access to location information was obtained pursuant to subdivision 2, paragraph
5.5(b), clause (5), and the number of notices of emergency access received under subdivision
5.62, paragraph (b), during the preceding calendar year. The report shall include a summary
5.7and analysis of the data required to be filed with the state court administrator by paragraph
5.8(a). The state court administrator is authorized to issue binding regulations dealing with
5.9the content and form of the reports required to be filed by paragraph (a).
5.10(c) In June of each year, beginning in 2014, a nonclassified summary of the report
5.11shall be made publicly available on the Web site for the state court administrator.
5.12 Subd. 6. Prohibition on use of evidence. (a) Except as proof of a violation of
5.13this section, no evidence obtained in violation of this section shall be admissible in any
5.14criminal, civil, administrative, or other proceeding.
5.15(b) Any location information obtained pursuant to this chapter or evidence derived
5.16therefrom shall not be received in evidence or otherwise disclosed in any trial, hearing,
5.17or other proceeding in a federal or state court unless each party, not less than ten days
5.18before the trial, hearing, or proceeding, has been furnished with a copy of the warrant,
5.19and accompanying application, under which the information was obtained. This ten-day
5.20period may be waived by the judge if the judge finds that it was not possible to furnish a
5.21party with the required information ten days before the trial, hearing, or proceeding and
5.22that a party will not be prejudiced by the delay in receiving the information.
1.3order to receive cell phone tracking data;amending Minnesota Statutes 2012,
1.4section 626A.28, subdivision 3; proposing coding for new law in Minnesota
1.5Statutes, chapter 626A.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2012, section 626A.28, subdivision 3, is amended to read:
1.8 Subd. 3. Records concerning electronic communication service or remote
1.9computing service. (a) Except as provided in paragraph (b) or chapter 325M, a provider
1.10of electronic communication service or remote computing service may disclose a record
1.11or other information pertaining to a subscriber to or customer of the service, not including
1.12the contents of communications covered by subdivision 1 or 2, to any person other than a
1.13governmental entity.
1.14(b) A provider of electronic communication service or remote computing service
1.15may disclose a record or other information pertaining to a subscriber to or customer of the
1.16service, not including the contents of communications covered by subdivision 1 or 2, to a
1.17governmental entity only when the governmental entity:
1.18(1) uses an administrative subpoena authorized by statute, or a grand jury subpoena;
1.19(2) obtains a warrant;
1.20(3) obtains a court order for such disclosure under subdivision 4; or
1.21(4) has the consent of the subscriber or customer to the disclosure.
1.22(c) A governmental entity receiving records or information under this subdivision is
1.23not required to provide notice to a subscriber or customer.
2.1(d) Notwithstanding paragraph (b), a provider of electronic communication service
2.2or remote computing service may not disclose location information covered by section
2.3626A.42 to a government entity except as provided in that section.
2.4 Sec. 2. [626A.42] ELECTRONIC DEVICE LOCATION INFORMATION.
2.5 Subdivision 1. Definitions. (a) The definitions in this subdivision apply to this
2.6section.
2.7(b) An "adverse result" occurs when notification of the existence of a search warrant
2.8results in:
2.9(1) danger to the life or physical safety of an individual;
2.10(2) a flight from prosecution;
2.11(3) the destruction of or tampering with evidence;
2.12(4) the intimidation of potential witnesses; or
2.13(5) serious jeopardy to an investigation or undue delay of a trial.
2.14(c) "Electronic communication service" has the meaning given in section 626A.01,
2.15subdivision 17.
2.16(d) "Electronic device" means a device that enables access to or use of an electronic
2.17communication service, remote computing service, or location information service.
2.18(e) "Government entity" means a state or local agency, including but not limited to a
2.19law enforcement entity or any other investigative entity, agency, department, division,
2.20bureau, board, or commission or an individual acting or purporting to act for or on behalf
2.21of a state or local agency.
2.22(f) "Location information" means information concerning the location of an
2.23electronic device that, in whole or in part, is generated or derived from or obtained by the
2.24operation of an electronic device.
2.25(g) "Location information service" means the provision of a global positioning
2.26service or other mapping, locational, or directional information service.
2.27(h) "Remote computing service" has the meaning given in section 626A.34.
2.28 Subd. 2. Search warrant required for location information. (a) Except as
2.29provided in paragraph (b), a government entity may not obtain the location information
2.30of an electronic device without a search warrant. A warrant granting access to location
2.31information must be issued only if the government entity shows that there is probable
2.32cause the person who possesses an electronic device is committing, has committed, or is
2.33about to commit a crime.
2.34(b) A government entity may obtain location information without a search warrant:
2.35(1) when the electronic device is reported lost or stolen by the owner;
3.1(2) in order to respond to the user's call for emergency services;
3.2(3) with the informed, affirmative, documented consent of the owner or user of the
3.3electronic device;
3.4(4) with the informed, affirmative consent of the legal guardian or next of kin of
3.5the owner or user if the owner or user is believed to be deceased or reported missing and
3.6unable to be contacted; or
3.7(5) when an emergency involving immediate danger of death or serious physical
3.8injury to a person who possesses an electronic communications device pursuant to sections
3.9237.82 and 237.83 requires obtaining information relating to the emergency without delay,
3.10and the search is narrowly tailored to address the emergency.
3.11(c) A government entity exercising the warrantless emergency search authority under
3.12paragraph (b), clause (5), must document the basis for determining that an emergency
3.13involving immediate danger of death or serious physical injury to a person requires
3.14obtaining, without delay, location information relating to the emergency and, not later
3.15than 48 hours after the date on which the government entity obtains access to location
3.16information, the government entity shall file with the appropriate court a signed, sworn
3.17statement of a supervisory official setting forth the grounds for the emergency access.
3.18 Subd. 3. Time period and extensions. (a) A search warrant issued under this section
3.19must authorize the collection of location information for a period not to exceed 60 days, or
3.20the period of time necessary to achieve the objective of the authorization, whichever is less.
3.21(b) Extensions of a warrant may be granted, but only upon an application for an
3.22order and upon the judicial finding required by subdivision 2. The period of extension
3.23must be for a period not to exceed 60 days, or the period of time necessary to achieve the
3.24objective for which it is granted, whichever is less.
3.25(c) Paragraphs (a) and (b) apply only to search warrants issued for the
3.26contemporaneous collection of electronic device location information.
3.27 Subd. 4. Notice. (a) Notice must be given to the owner or user of an electronic
3.28device whose location information was obtained by a government entity.
3.29(b) Unless delayed notice is ordered under paragraph (c), the government entity
3.30shall provide notice to the owner or user that location information was obtained by the
3.31government entity from the owner's or user's electronic device within three days of
3.32obtaining the location information. The notice must be made by service or delivered by
3.33registered or first-class mail. The notice must contain the following information:
3.34(1) the nature of the government entity inquiry, with reasonable specificity;
4.1(2) the location information of the owner or user that was obtained by, supplied to,
4.2or requested by the government entity and the date on which it was obtained, provided,
4.3or requested;
4.4(3) if location information was obtained from a provider of electronic communication
4.5service or other third party, the identity of the provider of electronic communication
4.6service or the third party from whom the information was obtained; and
4.7(4) whether the notification was delayed pursuant to paragraph (c) and, if so, the
4.8court that granted the delay and the reasons for granting the delay.
4.9(c) A government entity may include in the application for a warrant a request
4.10for an order to delay the notification required under this subdivision for a period not to
4.11exceed 90 days. The court shall issue the order if the court determines that there is reason
4.12to believe that notification may have an adverse result. Upon expiration of the period of
4.13delay granted under this subdivision and any extension granted under paragraph (e), the
4.14government entity shall provide the owner or user a copy of the warrant together with a
4.15notice pursuant to paragraph (b).
4.16(d) A government entity may include in its application for a warrant a request for
4.17an order directing a provider of electronic communication service to which a warrant is
4.18directed not to notify any other person of the existence of the warrant for a period of not
4.19more than 90 days. The court shall issue the order if the court determines that there is reason
4.20to believe that notification of the existence of the warrant may have an adverse result.
4.21(e) The court, upon application, may grant one or more extensions of orders granted
4.22under paragraph (c) or (d) for up to an additional 90 days.
4.23 Subd. 5. Reporting. (a) By January 31 of each calendar year, any judge issuing
4.24or denying a warrant or receiving a report of emergency access to location information
4.25under subdivision 2 during the preceding calendar year shall report on each warrant or
4.26notice of emergency access to the state court administrator:
4.27(1) the date the warrant was applied for or the notice was received;
4.28(2) the agency making the application or notice;
4.29(3) the offense, if any, specified in the warrant application, warrant, or notice;
4.30(4) the nature of the facilities from which, the place where, or the technique by
4.31which location information was to be obtained;
4.32(5) the expected number of devices about which location information was obtained;
4.33(6) whether the warrant was granted as applied for, was modified, or was denied; and
4.34(7) the period of disclosures authorized by the warrant, and the number and duration
4.35of any extensions of the warrant.
5.1(b) In June of each year, beginning in 2014, the state court administrator shall
5.2transmit to the legislature a full and complete record concerning the number of applications
5.3for warrants authorizing or requiring the disclosure of location information, the number of
5.4times access to location information was obtained pursuant to subdivision 2, paragraph
5.5(b), clause (5), and the number of notices of emergency access received under subdivision
5.62, paragraph (b), during the preceding calendar year. The report shall include a summary
5.7and analysis of the data required to be filed with the state court administrator by paragraph
5.8(a). The state court administrator is authorized to issue binding regulations dealing with
5.9the content and form of the reports required to be filed by paragraph (a).
5.10(c) In June of each year, beginning in 2014, a nonclassified summary of the report
5.11shall be made publicly available on the Web site for the state court administrator.
5.12 Subd. 6. Prohibition on use of evidence. (a) Except as proof of a violation of
5.13this section, no evidence obtained in violation of this section shall be admissible in any
5.14criminal, civil, administrative, or other proceeding.
5.15(b) Any location information obtained pursuant to this chapter or evidence derived
5.16therefrom shall not be received in evidence or otherwise disclosed in any trial, hearing,
5.17or other proceeding in a federal or state court unless each party, not less than ten days
5.18before the trial, hearing, or proceeding, has been furnished with a copy of the warrant,
5.19and accompanying application, under which the information was obtained. This ten-day
5.20period may be waived by the judge if the judge finds that it was not possible to furnish a
5.21party with the required information ten days before the trial, hearing, or proceeding and
5.22that a party will not be prejudiced by the delay in receiving the information.
