reglab/statecodes huggingface dataset:
2023 Minnesota Statutes › Chapters 625 - 634 — Criminal Procedure; Peace Officers; Privacy Of Communications › Chapter 626 — Peace Officers; Searches; Pursuit; Mandatory Reporting › Section 626.852 — Tuition; Salary And Expenses.

626.852 TUITION; SALARY AND EXPENSES.
Each officer when assigned to the Bureau of Criminal Apprehension continuing education courses pursuant to rules of the board shall receive the officer's regular salary and shall be reimbursed by the governing body of the governmental unit or combination of governmental units from which elected or by which employed for the cost of meals, travel, and lodgings while in attendance at the Bureau of Criminal Apprehension courses, not to exceed similar allowance for state employees.
History:
1967 c 870 s 12; 1980 c 578 s 8; 1981 c 310 s 14; 1986 c 444; 1987 c 358 s 131
2023 Minnesota Statutes › Chapters 625 - 634 — Criminal Procedure; Peace Officers; Privacy Of Communications › Chapter 626 — Peace Officers; Searches; Pursuit; Mandatory Reporting › Section 626.8555 — Peace Officer Education Programs.

626.8555 PEACE OFFICER EDUCATION PROGRAMS.
Metropolitan State University and Minneapolis Community and Technical College, in consultation with the Board of Peace Officer Standards and Training and state and local law enforcement agencies in the seven-county metropolitan area, shall provide core law enforcement courses in an accelerated time period. The schools shall grant priority admission to students who have a bona fide offer of employment from a Minnesota law enforcement agency. These courses shall be available at the beginning of the 1995-1996 academic year and are contingent on sufficient program enrollment.
The board, Metropolitan State University, and Minneapolis Community and Technical College shall evaluate the accelerated law enforcement education program and report their findings to the 1997 legislature.
History:
1995 c 226 art 4 s 27; 2015 c 21 art 1 s 105
2023 Minnesota Statutes › Chapters 625 - 634 — Criminal Procedure; Peace Officers; Privacy Of Communications › Chapter 626 — Peace Officers; Searches; Pursuit; Mandatory Reporting › Section 626.856 — School Of Law Enforcement.

626.856 SCHOOL OF LAW ENFORCEMENT.
By July 1, 1992, the state university system shall develop a school of law enforcement in the metropolitan area, as defined in section 473.121, subdivision 2, whose mission is to advance the profession of law enforcement. The school may offer professional peace officer education, graduate degree programs, and peace officer continuing education programs, and may conduct applied research.
History:
1991 c 356 art 6 s 2
2023 Minnesota Statutes › Chapters 625 - 634 — Criminal Procedure; Peace Officers; Privacy Of Communications › Chapter 626 — Peace Officers; Searches; Pursuit; Mandatory Reporting › Section 626.862 — Powers Of Law Enforcement Officers.

626.862 POWERS OF LAW ENFORCEMENT OFFICERS.
Except as specifically provided by statute, only a peace officer and part-time peace officer may:
(1) issue a citation in lieu of arrest or continued detention unless specifically authorized by ordinance;
(2) ask a person receiving a citation to give a written promise to appear in court; or
(3) take a person into custody as permitted by section 629.34.
History:
1987 c 334 s 5; 2005 c 10 art 2 s 4
2023 Minnesota Statutes › Chapters 625 - 634 — Criminal Procedure; Peace Officers; Privacy Of Communications › Chapter 626 — Peace Officers; Searches; Pursuit; Mandatory Reporting › Section 626.863 — Unauthorized Practice.

626.863 UNAUTHORIZED PRACTICE.
(a) A person who is not a peace officer or part-time peace officer is guilty of a misdemeanor if the person: (1) makes a representation of being a peace officer or part-time peace officer, or (2) performs or attempts to perform an act, duty, or responsibility reserved by law for licensed peace officers and part-time peace officers.
(b) A peace officer who authorizes or knowingly allows a person to violate paragraph (a) is guilty of a misdemeanor.
(c) The board shall designate the appropriate law enforcement agency to investigate violations of this section. The attorney general shall prosecute violations of this section.
(d) A person who violates this section and who has previously been convicted of a violation of this section is guilty of a gross misdemeanor.
History:
1987 c 334 s 6; 2005 c 10 art 2 s 4; 2009 c 59 art 5 s 19
2023 Minnesota Statutes › Chapters 625 - 634 — Criminal Procedure; Peace Officers; Privacy Of Communications › Chapter 626 — Peace Officers; Searches; Pursuit; Mandatory Reporting › Section 626.891 — Cooperation With Postsecondary Institutions.

626.891 COOPERATION WITH POSTSECONDARY INSTITUTIONS.
Local law enforcement agencies, including law enforcement agencies operated by statutory cities, home rule charter cities, and counties, must enter into and honor the memoranda of understanding required under section 135A.15.
History:
2015 c 69 art 4 s 3
2023 Minnesota Statutes › Chapters 625 - 634 — Criminal Procedure; Peace Officers; Privacy Of Communications › Chapter 626 — Peace Officers; Searches; Pursuit; Mandatory Reporting › Section 626.9514 — Toll-free Telephone Number.

626.9514 TOLL-FREE TELEPHONE NUMBER.
The attorney general shall operate and maintain a toll-free telephone number for complaints dealing with racial profiling. The attorney general must act as a clearinghouse for racial profiling complaints and must forward complaints to the Peace Officer Standards and Training Board.
History:
1Sp2001 c 8 art 7 s 8
2023 Minnesota Statutes › Chapters 625 - 634 — Criminal Procedure; Peace Officers; Privacy Of Communications › Chapter 626 — Peace Officers; Searches; Pursuit; Mandatory Reporting › Section 626.9517 — Grant Program For Installation Of Video Cameras In Police Vehicles.

626.9517 GRANT PROGRAM FOR INSTALLATION OF VIDEO CAMERAS IN POLICE VEHICLES.
Subdivision 1.
Grants; cameras described.
Video cameras installed pursuant to grants made by the commissioner of public safety to law enforcement agencies participating in the racial profiling study described in Minnesota Statutes 2006, section 626.951, for the purchase, installation, and maintenance of video cameras on police vehicles designed to record traffic stops must:
(1) be automatically activated during every traffic stop;
(2) contain an audio feature; and
(3) be designed and installed so as to record the stop in its entirety.
Cameras may not be equipped with manual shutoff switches and must be activated for the entirety of a traffic stop.
Subd. 2.
Storage of video.
Notwithstanding section 138.163 or 138.17, chief law enforcement officers of agencies receiving grants under this section for video cameras in police vehicles shall ensure that the videotape or disk from the camera be stored for a minimum of 60 days after use. If the chief law enforcement officer has not been instructed by the board or the attorney general to maintain the tape or disk beyond that period, the chief law enforcement officer may reuse it. Tapes and disks must be stored and maintained under this subdivision in an accessible manner. The tapes and disks must be clearly labeled and ordered.
Subd. 3.
Availability of videotape.
A chief law enforcement officer shall provide a copy of a videotape or disk that recorded a traffic stop to the driver of the stopped vehicle upon the driver's request and at the driver's expense if the tape or disk has not yet been reused.
History:
1Sp2001 c 8 art 7 s 9; 2013 c 125 art 1 s 100
2023 Minnesota Statutes › Chapters 625 - 634 — Criminal Procedure; Peace Officers; Privacy Of Communications › Chapter 626 — Peace Officers; Searches; Pursuit; Mandatory Reporting › Section 626.96 — Blue Alert System.

626.96 BLUE ALERT SYSTEM.
Subdivision 1.
Establishment.
The commissioner of public safety shall establish a Blue Alert system to aid in the identification, location, and apprehension of an individual or individuals suspected of killing or seriously wounding a local, state, or federal law enforcement officer. The commissioner shall coordinate with local law enforcement agencies and public and commercial television and radio broadcasters to provide an effective alert system.
Subd. 2.
Criteria and procedures.
The commissioner, in consultation with the Board of Peace Officer Standards and Training, the Minnesota Police and Peace Officers Association, the Minnesota Chiefs of Police Association, the Minnesota Sheriffs Association, the Minnesota chapter of the National Emergency Number Association, the Minnesota chapter of the Association of Public Safety Communications Officials, and the commissioner of transportation, shall develop criteria and procedures for the Blue Alert system. By October 1, 2015, the commissioner shall adopt criteria and procedures for the Blue Alert system.
Subd. 3.
Oversight.
The commissioner shall regularly review the function of the Blue Alert system and revise its criteria and procedures to provide for efficient and effective public notification.
Subd. 4.
Scope.
The Blue Alert system shall include all state and local agencies capable of providing urgent and timely information to the public, together with broadcasters and other private entities that volunteer to participate in the dissemination of urgent public information.
Subd. 5.
Additional notice.
The commissioner may notify authorities and entities outside of the state upon verification that the criteria established under this section have been met.
Subd. 6.
False reports.
A person who knowingly makes a false report that triggers an alert under this section is guilty of a misdemeanor.
History:
2015 c 65 art 3 s 36
2023 Minnesota Statutes › Chapters 625 - 634 — Criminal Procedure; Peace Officers; Privacy Of Communications › Chapter 626A — Wire, Electronic, Or Oral Communications; Interception › Section 626A.03 — Manufacture, Distribution, Possession, And Advertising Of Wire, Electronic, Or Oral Communication Intercepting Devices Prohibited.

626A.03 MANUFACTURE, DISTRIBUTION, POSSESSION, AND ADVERTISING OF WIRE, ELECTRONIC, OR ORAL COMMUNICATION INTERCEPTING DEVICES PROHIBITED.
Subdivision 1.
Acts; penalties.
Except as otherwise specifically provided in this chapter, any person who intentionally:
(a) manufactures, assembles, possesses, or sells any electronic, mechanical, or other device, knowing or having reason to know that the design of such device renders it primarily useful for the purpose of the surreptitious interception of wire, electronic, or oral communications;
(b) places in any newspaper, magazine, handbill, or other publication any advertisement of:
(i) any electronic, mechanical, or other device knowing or having reason to know that the design of such device renders it primarily useful for the purpose of the surreptitious interception of wire, electronic, or oral communications; or
(ii) any other electronic, mechanical, or other device, where such advertisement promotes the use of such device for the purposes of the surreptitious interception of wire, electronic, or oral communications,
shall be fined not more than $20,000 or imprisoned not more than five years, or both.
Subd. 2.
Offenses.
It is not unlawful under this section for:
(a) a provider of wire or electronic communications service or an officer, agent or employee of, or a person under contract with, a provider, in the normal course of the business of providing that wire or electronic communications service; or
(b) an officer, agent, or employee of, or a person under contract with, the United States, a state, or a political subdivision thereof, in the normal course of the activities of the United States, a state, or a political subdivision thereof, to manufacture, assemble, possess, or sell any electronic, mechanical, or other device knowing or having reason to know that the design of such device renders it primarily useful for the purpose of the surreptitious interception of wire, electronic, or oral communication.
History:
1969 c 953 s 3; 1984 c 628 art 3 s 11; 1988 c 577 s 19,20,62; 1989 c 336 art 2 s 8; 1991 c 199 art 2 s 1
2023 Minnesota Statutes › Chapters 625 - 634 — Criminal Procedure; Peace Officers; Privacy Of Communications › Chapter 626A — Wire, Electronic, Or Oral Communications; Interception › Section 626A.04 — Prohibition Of Use As Evidence Of Intercepted Wire, Oral, Or Electronic Communications.

626A.04 PROHIBITION OF USE AS EVIDENCE OF INTERCEPTED WIRE, ORAL, OR ELECTRONIC COMMUNICATIONS.
Whenever any wire, oral, or electronic communication has been intercepted, no part of the contents of such communication and no evidence derived therefrom may be received in evidence in any trial, hearing, or other proceeding in or before any court or grand jury if the disclosure of that information would be in violation of this chapter.
History:
1969 c 953 s 4; 1988 c 577 s 62; 1989 c 336 art 1 s 2; art 2 s 8; 1990 c 426 art 2 s 1
2023 Minnesota Statutes › Chapters 625 - 634 — Criminal Procedure; Peace Officers; Privacy Of Communications › Chapter 626A — Wire, Electronic, Or Oral Communications; Interception › Section 626A.05 — Authorization For Interception Of Wire, Electronic, Or Oral Communications.

626A.05 AUTHORIZATION FOR INTERCEPTION OF WIRE, ELECTRONIC, 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, carjacking in the first or second degree, 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, 609.247, subdivision 2 or 3, 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; 2023 c 52 art 20 s 32
2023 Minnesota Statutes › Chapters 625 - 634 — Criminal Procedure; Peace Officers; Privacy Of Communications › Chapter 626A — Wire, Electronic, Or Oral Communications; Interception › Section 626A.065 — Emergency Interception.

626A.065 EMERGENCY INTERCEPTION.
Notwithstanding any other provision in this chapter, any investigative or law enforcement officer, specially designated by the attorney general or a county attorney, who:
(1) reasonably determines that:
(i) an emergency situation exists that involves immediate danger of death or serious physical injury to any person that requires a wire, oral, or electronic communication to be intercepted before a warrant authorizing such interception can, with due diligence, be obtained; and
(ii) there are grounds upon which a warrant could be issued under this chapter to authorize the interception; and
(2) obtains approval from a judge of the district court, of the court of appeals, or of the supreme court,
may intercept the wire, oral, or electronic communication. The judge's approval may be given orally and may be given in person or by using any medium of communication. The judge shall do one of the following: make written notes summarizing the conversation, tape record the conversation, or have a court reporter record the conversation. An application for a warrant approving the interception must be made in accordance with section 626A.06 within 36 hours after the interception has occurred, or begins to occur. In the absence of a warrant, the interception must immediately end when the communication sought is obtained or when the application for the warrant is denied, whichever is earlier. If application for approval is denied, or in any other case where the interception is ended without a warrant having been issued, the contents of a wire, oral, or electronic communication intercepted must be treated as having been obtained in violation of this chapter and an inventory shall be served as provided for in section 626A.10 on the person named in the application.
History:
1988 c 577 s 62; 1989 c 336 art 2 s 6,8; 1990 c 426 art 2 s 1
2023 Minnesota Statutes › Chapters 625 - 634 — Criminal Procedure; Peace Officers; Privacy Of Communications › Chapter 626A — Wire, Electronic, Or Oral Communications; Interception › Section 626A.07 — Return Filed By Officer.

626A.07 RETURN FILED BY OFFICER.
Upon expiration of a warrant issued under section 626A.06, the officer designated in the warrant shall forthwith deliver the original warrant and accompanying papers to the judge issuing the same, together with a written return, verified by the certificate of the officer, setting forth:
(1) the precise description of each installation of an instrument for the interception of communications, and the designation of any telephone or telegraph lines involved in such interception;
(2) the date or dates on which interception was conducted; and
(3) an identification of all recordings made as required herein. Said recordings shall be delivered to the issuing judge with the return.
History:
1969 c 953 s 7; 1988 c 577 s 62; 1989 c 336 art 2 s 8
2023 Minnesota Statutes › Chapters 625 - 634 — Criminal Procedure; Peace Officers; Privacy Of Communications › Chapter 626A — Wire, Electronic, Or Oral Communications; Interception › Section 626A.08 — Preservation Of Material Obtained, Applications And Orders; Destruction.

626A.08 PRESERVATION OF MATERIAL OBTAINED, APPLICATIONS AND ORDERS; DESTRUCTION.
Subdivision 1.
Material obtained.
Every part of any wire, oral, or electronic communication intercepted pursuant to this chapter shall be completely recorded on tape or wire or other comparable device and shall be done in such manner as will protect the recording from editing or other alterations. Immediately upon the expiration of the period of the order, or extensions thereof, such recordings shall be made available to the judge issuing such order and sealed under the judge's directions. Custody of the recordings shall be wherever the judge orders. They shall not be destroyed except upon an order of the issuing or denying judge or a successor and in any event shall be kept for ten years. Duplicate recordings may be made for use or disclosure pursuant to the provisions of section 626A.09 for investigations. The presence of the seal provided for by this subdivision, or a satisfactory explanation for the absence thereof, shall be a prerequisite for the use or disclosure of the contents of any wire, electronic, or oral communication or evidence derived therefrom under section 626A.09.
Subd. 2.
Application and orders.
(a) Applications made and warrants issued under this chapter shall be sealed by the judge. Custody of the applications and orders shall be wherever the judge directs. Such applications and orders shall be disclosed only upon a showing of good cause before a judge of the district court and shall not be destroyed except on order of the issuing or denying judge, and in any event shall be kept for ten years.
(b) Notwithstanding paragraph (a), the filing, sealing, and reporting requirements for applications made and warrants issued under this chapter that involve location information of electronic devices, as defined in section 626A.42, are governed by section 626A.42, subdivision 4. However, applications and warrants, or portions of applications and warrants, that do not involve location information of electronic devices continue to be governed by paragraph (a).
Subd. 3.
Destruction of recordings.
When an order for destruction is issued the person directed to destroy such recordings shall do so in the presence of at least one witness not connected with a law enforcement office or agency, all of whom shall execute affidavits setting forth the facts and circumstances thereof. The affidavits shall be filed with and approved by the court having custody of the original warrant and supporting papers.
Subd. 4.
Contempt.
Any violation of the provisions of this section may be punished as contempt of the issuing or denying judge.
History:
1969 c 953 s 8; 1986 c 444; 1988 c 577 s 31,62; 1989 c 336 art 2 s 8; 1991 c 199 art 2 s 1; 2020 c 82 s 6
2023 Minnesota Statutes › Chapters 625 - 634 — Criminal Procedure; Peace Officers; Privacy Of Communications › Chapter 626A — Wire, Electronic, Or Oral Communications; Interception › Section 626A.09 — Authorization For Disclosure And Use Of Intercepted Wire, Electronic, Or Oral Communications.

626A.09 AUTHORIZATION FOR DISCLOSURE AND USE OF INTERCEPTED WIRE, ELECTRONIC, OR ORAL COMMUNICATIONS.
Subdivision 1.
Disclosure.
Any investigative or law enforcement officer who, by any means authorized by this chapter, has obtained knowledge of the contents of any wire, electronic, or oral communication, or evidence derived therefrom may disclose such contents to another investigative or law enforcement officer to the extent that such disclosure is appropriate to the proper performance of the official duties of the officer making or receiving the disclosure.
Subd. 2.
Use of contents of wiretaps.
Any investigative or law enforcement officer who, by any means authorized by this chapter, has obtained knowledge of the contents of any wire, electronic, or oral communication or evidence derived therefrom may use such contents to the extent such use is appropriate to the proper performance of official duties.
Subd. 3.
Disclosure while giving testimony.
Any person who has received, by any means authorized by this chapter, any information concerning a wire, electronic, or oral communication, or evidence derived therefrom intercepted in accordance with the provisions of this chapter may disclose the contents of that communication or such derivative evidence while giving testimony under oath or affirmation in any criminal proceeding in any court of the United States or of any state or in any federal or state grand jury proceeding.
Subd. 4.
Privileged character retained.
No otherwise privileged wire, electronic, or oral communication intercepted in accordance with, or in violation of, the provisions of this chapter shall lose its privileged character.
Subd. 5.
Application for authorized use.
When an investigative or law enforcement officer, while engaged in intercepting wire, electronic, or oral communications in the manner authorized herein, intercepts wire, electronic, or oral communications relating to offenses other than those specified in the order of authorization or approval, the contents thereof, and evidence derived therefrom, may be disclosed or used as provided in subdivisions 1 and 2. Such contents and any evidence derived therefrom may be used under subdivision 3 when authorized or approved by a judge of the district court where such judge finds on subsequent application that the contents were otherwise intercepted in accordance with the provisions of this chapter. Such application shall be made as soon as practicable.
History:
1969 c 953 s 9; 1986 c 444; 1988 c 577 s 32-36,62; 1989 c 336 art 2 s 8; 1991 c 199 art 2 s 1
2023 Minnesota Statutes › Chapters 625 - 634 — Criminal Procedure; Peace Officers; Privacy Of Communications › Chapter 626A — Wire, Electronic, Or Oral Communications; Interception › Section 626A.10 — Notice To Defendant.

626A.10 NOTICE TO DEFENDANT.
Subdivision 1.
Notice of order.
Within a reasonable time but not later than 90 days after the termination of the period of a warrant or extensions thereof, the issuing or denying judge shall cause to be served, on the persons named in the warrant and the application, and such other parties to intercepted communications as the judge may determine that is in the interest of justice, an inventory which shall include notice of:
(1) the fact of the issuance of the warrant or the application;
(2) the date of the issuance and the period of authorized, approved or disapproved interception, or the denial of the application; and
(3) the fact that during the period wire, electronic, or oral communications were or were not intercepted.
On an ex parte showing to a court of competent jurisdiction that there is a need to continue the investigation and that the investigation would be harmed by service of the inventory at this time, service of the inventory required by this subdivision may be postponed for an additional 90-day period.
Subd. 2.
Notice of intent to use evidence obtained by interception of wire or oral communication.
The contents of any intercepted wire, electronic, or oral communication or evidence derived therefrom shall not be received in evidence otherwise disclosed in any trial, hearing, or other proceeding in a federal or state court unless each party, not less than ten days before the trial, hearing, or proceeding, has been furnished with a copy of the court order, and accompanying application, under which the interception was authorized or approved. This ten-day period may be waived by the judge if the judge finds that it was not possible to furnish the party with the above information ten days before the trial, hearing, or proceeding and that the party will not be prejudiced by the delay in receiving such information.
History:
1969 c 953 s 10; 1986 c 444; 1988 c 577 s 37,38,62; 1989 c 336 art 2 s 8; 1993 c 326 art 7 s 19
2023 Minnesota Statutes › Chapters 625 - 634 — Criminal Procedure; Peace Officers; Privacy Of Communications › Chapter 626A — Wire, Electronic, Or Oral Communications; Interception › Section 626A.11 — Admissibility Of Intercepted Evidence.

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 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
2023 Minnesota Statutes › Chapters 625 - 634 — Criminal Procedure; Peace Officers; Privacy Of Communications › Chapter 626A — Wire, Electronic, Or Oral Communications; Interception › Section 626A.14 — Obtaining Telephone And Telegraph Company Information.

626A.14 OBTAINING TELEPHONE AND TELEGRAPH COMPANY INFORMATION.
No person shall:
(1) by trick or false representation or impersonation, obtain or attempt to obtain from any officer or any employee of any telegraph or telephone company information concerning the identification or location of any wires, cables, lines, terminals, or other apparatus used in furnishing telegraph or telephone service, or any information concerning any communication passing over telegraph or telephone lines of any such company, or the existence, content, or meaning of any record thereof; or
(2) by trick or false representation or impersonation, obtain or attempt to obtain access to any premises or to installations of any telegraph or telephone company upon such premises.
History:
1969 c 953 s 14; 1988 c 577 s 62; 1989 c 336 art 2 s 8
2023 Minnesota Statutes › Chapters 625 - 634 — Criminal Procedure; Peace Officers; Privacy Of Communications › Chapter 626A — Wire, Electronic, Or Oral Communications; Interception › Section 626A.15 — Duty To Report Violations.

626A.15 DUTY TO REPORT VIOLATIONS.
Any officer or employee of a telephone or telegraph company shall report to the police department or county attorney having jurisdiction, any violation of this chapter coming to the officer or employee's attention.
History:
1969 c 953 s 15; 1986 c 444; 1988 c 577 s 62; 1989 c 336 art 2 s 8; 1991 c 199 art 2 s 1
2023 Minnesota Statutes › Chapters 625 - 634 — Criminal Procedure; Peace Officers; Privacy Of Communications › Chapter 626A — Wire, Electronic, Or Oral Communications; Interception › Section 626A.16 — Telephone Company To Aid In Detection.

626A.16 TELEPHONE COMPANY TO AID IN DETECTION.
Subject to regulation by the Minnesota public utilities commission, any telephone or telegraph company shall, upon request of any subscriber and upon responsible offer to pay the reasonable cost thereof, and with the discretion of the carrier; subject, however, to an appropriate court order to furnish whatever services may be within its command for the purpose of detecting any unlawful interception of communications. All such requests by subscribers shall be subject to the provisions of section 626A.05 and the company shall disclose only the existence or absence of interception that is not the subject of a court order under that section. All such requests by subscribers shall be kept confidential unless divulgence is authorized in writing by the requesting subscriber.
History:
1969 c 953 s 16; 1980 c 614 s 123; 1988 c 577 s 62; 1989 c 336 art 2 s 8
2023 Minnesota Statutes › Chapters 625 - 634 — Criminal Procedure; Peace Officers; Privacy Of Communications › Chapter 626A — Wire, Electronic, Or Oral Communications; Interception › Section 626A.18 — Illegal Transfers Of Intercepting Devices.

626A.18 ILLEGAL TRANSFERS OF INTERCEPTING DEVICES.
No person shall receive an electronic, mechanical or other device, knowing or having reasonable cause to believe that such electronic, mechanical or other device has been sold or transported in violation of the provisions of this chapter. Whenever on the trial for a violation of this chapter the defendant is shown to have or have had possession of such electronic, mechanical or other device, such device shall be deemed sufficient evidence to authorize conviction unless the defendant explains such possession to the satisfaction of the jury.
History:
1969 c 953 s 18; 1988 c 577 s 62; 1989 c 336 art 2 s 8; 1991 c 199 art 2 s 1
2023 Minnesota Statutes › Chapters 625 - 634 — Criminal Procedure; Peace Officers; Privacy Of Communications › Chapter 626A — Wire, Electronic, Or Oral Communications; Interception › Section 626A.19 — Forfeitures.

626A.19 FORFEITURES.
Subdivision 1.
Laws applicable.
Any electronic, mechanical or other device involved in any violation of the provisions of this chapter or any regulation promulgated thereunder, or which has come into the custody of a law enforcement officer and the title thereto cannot be ascertained, shall be subject to seizure and forfeiture.
Subd. 2.
Disposal.
In the case of any forfeiture under this section no notice of public sale shall be required and no such electronic, mechanical or other device shall be sold at public sale. Such device shall be delivered to the bureau who may order the same destroyed or may sell or transfer the same without charge to the state of Minnesota or any political subdivision thereof for official use.
History:
1969 c 953 s 19; 1988 c 577 s 62; 1989 c 336 art 2 s 8; 1991 c 199 art 2 s 1
2023 Minnesota Statutes › Chapters 625 - 634 — Criminal Procedure; Peace Officers; Privacy Of Communications › Chapter 626A — Wire, Electronic, Or Oral Communications; Interception › Section 626A.20 — Suspension Or Revocation Of Licenses.

626A.20 SUSPENSION OR REVOCATION OF LICENSES.
On the conviction of any person of the violation of any provision of this chapter, a copy of the judgment and sentence, and of the opinion of the court, if any opinion be filed, shall be sent by the court administrator to the board or officer, if any, by whom the convicted defendant has been licensed or registered to practice a profession or to carry on a business. On the conviction of any such person, such board or officer may, in its discretion, suspend or revoke the license or registration of the convicted defendant to practice a profession or to carry on a business. On the application of any person whose license or registration has been suspended or revoked, and upon proper showing and for good cause the board or officer may, in its discretion, reinstate such license or registration.
History:
1969 c 953 s 20; 1986 c 444; 1Sp1986 c 3 art 1 s 82; 1988 c 577 s 62; 1989 c 336 art 2 s 8
2023 Minnesota Statutes › Chapters 625 - 634 — Criminal Procedure; Peace Officers; Privacy Of Communications › Chapter 626A — Wire, Electronic, Or Oral Communications; Interception › Section 626A.25 — Injunction Against Illegal Interception.

626A.25 INJUNCTION AGAINST ILLEGAL INTERCEPTION.
Whenever it appears that a person is engaged or is about to engage in an act that constitutes or will constitute a felony violation of this chapter, the attorney general or a county attorney may initiate a civil action in district court to enjoin the violation. The court shall proceed as soon as practicable to the hearing and determination of the civil action, and may, at any time before final determination, enter a restraining order or prohibition, or take other action, as is warranted to prevent a continuing and substantial injury to the state, any of its subdivisions, or to a person or class of persons for whose protection the action is brought. A proceeding under this section is governed by the Rules of Civil Procedure, except that, if the defendant has been charged with the felony, discovery against that defendant is governed by the Rules of Criminal Procedure.
History:
1988 c 577 s 46,62; 1989 c 336 art 2 s 8; 1991 c 199 art 2 s 1
2023 Minnesota Statutes › Chapters 625 - 634 — Criminal Procedure; Peace Officers; Privacy Of Communications › Chapter 626A — Wire, Electronic, Or Oral Communications; Interception › Section 626A.26 — Unlawful Access To Stored Communications.

626A.26 UNLAWFUL ACCESS TO STORED COMMUNICATIONS.
Subdivision 1.
Offense.
Except as provided in subdivision 3, whoever:
(1) intentionally accesses without authorization a facility through which an electronic communication service is provided; or
(2) intentionally exceeds an authorization to access that facility;
and thereby obtains, alters, or prevents authorized access to a wire or electronic communication while it is in the electronic storage in a system must be punished as provided in subdivision 2.
Subd. 2.
Punishment.
The punishment for an offense under subdivision 1 is:
(1) if the offense is committed for purposes of commercial advantage, malicious destruction or damage, or private commercial gain:
(i) a fine of not more than $250,000 or imprisonment for not more than 364 days, or both, in the case of a first offense under this clause; and
(ii) a fine of not more than $250,000 or imprisonment for not more than two years, or both, for any subsequent offense under this clause;
(2) a fine of not more than $5,000 or imprisonment for not more than six months, or both, in any other case.
Subd. 3.
Exceptions.
Subdivision 1 does not apply with respect to conduct authorized:
(1) by the person or entity providing a wire or electronic communications service;
(2) by a user of that service with respect to a communication of or intended for that user; or
(3) in sections 626.085, 626A.05 to 626A.09, or 626A.28.
History:
1988 c 577 s 47,62; 1989 c 336 art 2 s 8; 2020 c 82 s 7; 2023 c 52 art 6 s 16
2023 Minnesota Statutes › Chapters 625 - 634 — Criminal Procedure; Peace Officers; Privacy Of Communications › Chapter 626A — Wire, Electronic, Or Oral Communications; Interception › Section 626A.27 — Disclosure Of Contents.

626A.27 DISCLOSURE OF CONTENTS.
Subdivision 1.
Prohibitions.
Except as provided in subdivision 2:
(1) a person or entity providing an electronic communication service to the public must not knowingly divulge to a person or entity the contents of a communication while in electronic storage by that service; and
(2) a person or entity providing remote computing service to the public must not knowingly divulge to a person or entity the contents of any communication that is carried or maintained on that service:
(i) on behalf of, and received by means of electronic transmission from, or created by means of computer processing of communications received by means of electronic transmission, from a subscriber or customer of the service; and
(ii) solely for the purpose of providing storage or computer processing services to the subscriber or customer, if the provider is not authorized to access the contents of any communications for purposes of providing any services other than storage or computer processing.
Subd. 2.
Exceptions.
A person or entity may divulge the contents of a communication:
(1) to an addressee or intended recipient of the communication or an agent of the addressee or intended recipient;
(2) as otherwise authorized in section 626.085; 626A.02, subdivision 2, paragraph (a); 626A.05; or section 626A.28;
(3) with the lawful consent of the originator or an addressee or intended recipient of the communication, or the subscriber in the case of remote computing service;
(4) to a person employed or authorized or whose facilities are used to forward a communication to its destination;
(5) as may be necessarily incident to the rendition of the service or to the protection of the rights or property of the provider of that service; or
(6) to a law enforcement agency, if the contents:
(i) were inadvertently obtained by the service provider; and
(ii) appear to pertain to the commission of a crime.
History:
1988 c 577 s 48,62; 1989 c 336 art 2 s 8; 2020 c 82 s 8
2023 Minnesota Statutes › Chapters 625 - 634 — Criminal Procedure; Peace Officers; Privacy Of Communications › Chapter 626A — Wire, Electronic, Or Oral Communications; Interception › Section 626A.28 — Requirements For Governmental Access.

626A.28 REQUIREMENTS FOR GOVERNMENTAL ACCESS.
Subdivision 1.
MS 2018 [Repealed, 2020 c 82 s 18]
Subd. 2.
MS 2018 [Repealed, 2020 c 82 s 18]
Subd. 3.
Records concerning electronic communication service or remote computing service.
(a) Except as provided in paragraph (b) or chapter 325M, a provider of electronic communication service or remote computing service may disclose a record or other information pertaining to a subscriber to or customer of the service, not including the contents of communications, to any person other than a governmental entity.
(b) A provider of electronic communication service or remote computing service may disclose a record or other information pertaining to a subscriber to or customer of the service, not including the contents of communications to a governmental entity only when the governmental entity:
(1) uses an administrative subpoena authorized by statute, or a grand jury subpoena;
(2) obtains a warrant;
(3) obtains a court order for such disclosure under subdivision 4; or
(4) has the consent of the subscriber or customer to the disclosure.
(c) A governmental entity receiving records or information under this subdivision is not required to provide notice to a subscriber or customer.
(d) Notwithstanding paragraph (b), a provider of electronic communication service or remote computing service may not disclose location information covered by section 626A.42 to a government entity except as provided in that section.
[See Note.]
Subd. 4.
Requirements for court order.
A court order for disclosure under subdivision 3 must issue only if the governmental entity shows that there is reason to believe the records or other information sought, are relevant to a legitimate law enforcement inquiry. A court issuing an order pursuant to this section, on a motion made promptly by the service provider, may quash or modify such order, if the information or records requested are unusually voluminous in nature or compliance with such order otherwise would cause an undue burden on such provider.
Subd. 5.
No cause of action against a provider disclosing certain information.
No cause of action lies in any court against any provider of wire or electronic communication service, its officers, employees, agents, or other specified persons for providing information, facilities, or assistance in accordance with the terms of a court order, warrant, subpoena, or certification under section 626.085 or 626A.26 to 626A.34.
History:
1988 c 577 s 49,62; 1989 c 336 art 2 s 8; 2002 c 395 art 1 s 10; 2014 c 278 s 1; 2020 c 82 s 9-11
NOTE:
The amendment to subdivision 3 by Laws 2002, chapter 395, article 1, section 10, adding the cross reference to chapter 325M, is effective March 1, 2003, and expires on the effective date of federal legislation that preempts state regulation of the release of personally identifiable information by Internet service providers. Laws 2002, chapter 395, article 1, section 11.
2023 Minnesota Statutes › Chapters 625 - 634 — Criminal Procedure; Peace Officers; Privacy Of Communications › Chapter 626A — Wire, Electronic, Or Oral Communications; Interception › Section 626A.31 — Cost Reimbursement.

626A.31 COST REIMBURSEMENT.
Subdivision 1.
Payment.
Except as otherwise provided in subdivision 3, a governmental entity obtaining records or other information under section 626A.27 or 626A.28 shall pay to the person or entity assembling or providing the information a fee for reimbursement for costs that are reasonably necessary and that have been directly incurred in searching for, assembling, reproducing, or otherwise providing the information. The reimbursable costs must include any costs due to necessary disruption of normal operations of the electronic communication service or remote computing service in which the information may be stored.
Subd. 2.
Amount.
The amount of the fee provided by subdivision 1, must be as mutually agreed by the governmental entity and the person or entity providing the information, or, in the absence of agreement, must be as determined by the court that issued the order for production of the information or the court before which a criminal prosecution relating to the information would be brought, if no court order was issued for production of the information.
Subd. 3.
Inapplicability.
The requirement of subdivision 1 does not apply with respect to records or other information maintained by a communications common carrier that relate to telephone toll records and telephone listings obtained under section 626A.28. The court may, however, order a payment as described in subdivision 1 if the court determines the information required is unusually voluminous in nature or otherwise caused an undue burden on the provider.
History:
1988 c 577 s 52,62; 1989 c 336 art 2 s 8; 2020 c 82 s 12
2023 Minnesota Statutes › Chapters 625 - 634 — Criminal Procedure; Peace Officers; Privacy Of Communications › Chapter 626A — Wire, Electronic, Or Oral Communications; Interception › Section 626A.32 — Civil Action.

626A.32 CIVIL ACTION.
Subdivision 1.
Cause of action.
Except as provided in section 626A.28, subdivision 5, a provider of electronic communication service, subscriber, or customer aggrieved by a violation of this chapter in which the conduct constituting the violation is engaged in with a knowing or intentional state of mind may, in a civil action, recover from the person or entity which engaged in that violation relief as may be appropriate.
Subd. 2.
Relief.
In a civil action under this section, appropriate relief includes:
(1) temporary and other equitable or declaratory relief as may be appropriate;
(2) damages under subdivision 3; and
(3) a reasonable attorney's fee and other litigation costs reasonably incurred.
Subd. 3.
Damages.
The court may assess as damages in a civil action under this section the sum of the actual damages suffered by the plaintiff and any profits made by the violator as a result of the violation, but in no case is a person entitled to recover to receive less than the sum of $1,000.
Subd. 4.
Defense.
A good faith reliance on:
(1) a court warrant or order, a grand jury subpoena, a legislative authorization, or a statutory authorization; or
(2) a good faith determination that section 626A.02, subdivision 3, permitted the conduct complained of;
is a complete defense to a civil or criminal action brought under sections 626A.26 to 626A.34 or any other law.
Subd. 5.
Limitation.
A civil action under this section may not be commenced later than two years after the date upon which the claimant first discovered or had a reasonable opportunity to discover the violation.
History:
1988 c 577 s 53,62; 1989 c 336 art 2 s 8
2023 Minnesota Statutes › Chapters 625 - 634 — Criminal Procedure; Peace Officers; Privacy Of Communications › Chapter 626A — Wire, Electronic, Or Oral Communications; Interception › Section 626A.33 — Exclusivity Of Remedies.

626A.33 EXCLUSIVITY OF REMEDIES.
The remedies and sanctions described in sections 626A.26 to 626A.34 are the only judicial remedies and sanctions for nonconstitutional violations of sections 626A.26 to 626A.34.
History:
1988 c 577 s 54,62; 1989 c 336 art 2 s 8
2023 Minnesota Statutes › Chapters 625 - 634 — Criminal Procedure; Peace Officers; Privacy Of Communications › Chapter 626A — Wire, Electronic, Or Oral Communications; Interception › Section 626A.34 — Definitions.

626A.34 DEFINITIONS.
As used in sections 626A.26 to 626A.34, the term "remote computing service" means the provision to the public of computer storage or processing services by means of an electronic communication system.
History:
1988 c 577 s 55,62; 1989 c 336 art 2 s 8