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SF2318 (Legislative Session 94 (2025-2026))

Requirement elimination that a vehicle be unoccupied when law enforcement attach a tracking device

AI Generated Summary

This bill proposes amendments to Minnesota Statutes 2024, section 626A.35, to expand law enforcement's ability to use tracking devices on motor vehicles in certain situations.

Key Provisions:

  1. Tracking Stolen Vehicles:

    • Current law prohibits attaching tracking devices to occupied vehicles. The bill eliminates this restriction for stolen vehicles.
    • Law enforcement can attach a tracking device if:
      1. They have the consent of the owner, or
      2. The vehicle has been reported stolen, even if it is occupied when the device is installed.
    • Officers must either remove, disable, or obtain a search warrant for continued use of the tracking device within 24 hours of installation.
    • The tracking device must be removed once the stolen vehicle is recovered and returned to the owner.
    • Any location data collected after the vehicle is returned to the owner is inadmissible as evidence.

  2. Tracking Fleeing Vehicles:

    • Law enforcement can use a tracking device on a vehicle that is fleeing police (as defined in Minnesota Statutes, section 609.487, subdivision 1).
    • Removes legal restrictions that previously prevented the use of tracking devices in these cases.

  3. Reporting Requirement:

    • By August 1, 2024, and annually thereafter, law enforcement agencies that obtain search warrants related to tracking devices on stolen vehicles must report the number of such warrants to the superintendent of the Bureau of Criminal Apprehension.
    • This information will be included in the bureau's biennial report to the legislature.

Overall Impact:

  • Expands police authority to track stolen and fleeing vehicles, even when occupied.
  • Introduces safeguards requiring search warrants for continued use beyond 24 hours.
  • Implements a yearly reporting requirement to ensure oversight.

This bill enhances law enforcement's ability to track and recover stolen or fleeing vehicles while incorporating judicial oversight mechanisms for prolonged usage of tracking devices.

Bill text versions

Actions

DateChamberWhereTypeNameCommittee Name
March 09, 2025HouseFloorActionIntroduction and first reading
March 09, 2025SenateFloorActionIntroduction and first reading
March 09, 2025HouseFloorActionReferred toJudiciary and Public Safety
March 09, 2025SenateFloorActionReferred toJudiciary and Public Safety

Citations

 
[
  {
    "analysis": {
      "added": [
        "A new paragraph requiring annual reporting of search warrants to the Bureau of Criminal Apprehension."
      ],
      "removed": [
        ""
      ],
      "summary": "This bill modifies the conditions under which tracking devices can be used on motor vehicles for law enforcement purposes under section 626A.35.",
      "modified": [
        "Expands the exception to include occupied stolen vehicles when a tracking device is installed."
      ]
    },
    "citation": "626A.35",
    "subdivision": "subdivision 2b"
  },
  {
    "analysis": {
      "added": [
        ""
      ],
      "removed": [
        ""
      ],
      "summary": "The legislation refers to the biennial report requirement under section 299C.18.",
      "modified": [
        "Integrates summary data from search warrants obtained under section 626A.35 subdivision 2b into existing reports."
      ]
    },
    "citation": "299C.18",
    "subdivision": ""
  },
  {
    "analysis": {
      "added": [
        ""
      ],
      "removed": [
        ""
      ],
      "summary": "This bill references the definition of 'flee' as used in section 609.487 subdivision 1.",
      "modified": [
        "Aligns the definition used in the context of exceptions for use of tracking devices on fleeing vehicles."
      ]
    },
    "citation": "609.487",
    "subdivision": "subdivision 1"
  }
]

Sponsors