A bill for an act
relating to public safety; prohibiting law enforcement agencies from using drones to gather evidence in certain circumstances; authorizing civil actions; proposing coding for new law in Minnesota Statutes, chapter 626.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.[626.19] SEARCHES AND SEIZURES USING A DRONE.
Subdivision 1. Definitions.(a) As used in this section, the following terms have the meanings given.
(b) "Drone" means a powered, aerial vehicle that:
(1) does not carry a human operator;
(2) uses aerodynamic forces to provide vehicle lift;
(3) can fly autonomously or be piloted remotely; and
(4) can be expendable or recoverable.
(c) "Law enforcement agency" has the meaning given in section
1, paragraph (f).
Subd. 2. Prohibited use of drones. A law enforcement agency may not use a drone to gather evidence or other information on individuals.
Subd. 3. Exceptions.
This section does not prohibit the use of a drone:
(1) to counter a high risk of a terrorist attack by a specific individual or
organization if the secretary of the United States Department of Homeland Security determines that credible intelligence indicates that there is this risk;
(2) if the law enforcement agency first obtains a search warrant authorizing its use; or
(3) if the law enforcement agency possesses reasonable suspicion that, under particular circumstances, swift action is needed to prevent imminent danger to life or serious damage to property, or to forestall the imminent escape of a suspect or the destruction of evidence.
Subd. 4. Remedies for violation. A person aggrieved by a law enforcement agency's violation of this section may bring a civil action
against the agency.
Subd. 5. Prohibition on use of evidence. Evidence obtained or collected in violation of this section is not admissible in a criminal prosecution in this state. https://www.revisor.mn.gov/bin/bldbill.php...
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