SF2318

Purpose of the Bill

The purpose of this bill is to modify existing Minnesota laws regarding law enforcement's use of tracking devices on motor vehicles. It specifically aims to broaden the situations under which tracking devices can be legally attached to vehicles by the police, even when the vehicle is occupied, in cases involving stolen or fleeing vehicles.

Main Provisions

• Stolen Vehicles: The bill allows law enforcement to place a tracking device on a stolen vehicle when the vehicle is occupied, given that the owner consents or reports the vehicle as stolen.
• Fleeing Vehicles: Law enforcement officers can attach tracking devices to vehicles involved in fleeing incidents, defined by the existing legal description of fleeing.
• Removal and Use Regulations: If a tracking device is attached under these provisions, the police must remove, disable, or obtain a search warrant to continue using the device within 24 hours.
• Evidence Admissibility: Any tracking data collected after a stolen vehicle is recovered and returned to its owner cannot be used as evidence.
• Reporting Requirements: Law enforcement agencies must annually report to the Bureau of Criminal Apprehension on the number of search warrants obtained related to these tracking devices. The bureau will then include this data in a biennial report to the legislature.

Significant Changes to Existing Law

• Occupancy Requirement Removed: Previously, the law required a vehicle to be unoccupied for a tracking device to be attached legally by law enforcement. This bill removes that occupancy requirement for stolen and fleeing vehicles.
• Additional Circumstances for Use: The bill introduces additional circumstances under which tracking devices can be used, specifically for vehicles involved in fleeing incidents.

Relevant Terms

• Tracking device
• Stolen vehicle
• Fleeing vehicle
• Law enforcement
• Search warrant
• Evidence admissibility