2020.08.10 Public Safety Commission Packet

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providers of electronic communication services. Former law provided that investigators could use a subpoena or court order to access communications that had been in electronic storage systems for more than 180 days.' This authority has been repealed.' Under a new statute, covered next, accessing the content of electronic communications will require a search warrant or exception to the warrant requirement. Obtaining location data: The Legislature enacted a new statute, section 626.085, that requires a search warrant to obtain "the contents of electronic communications and precise or approximate location of the sender or recipients at any point during the communications."' A search warrant is not necessary if the agency has valid consent from one with the authority to give it, or if there are exigent circumstances involving a danger to someone's life or physical safety.' The new section also establishes measures to protect ongoing investigations. It requires courts to seal warrants for the lesser period of 90 days or until the "objective of the warrant has been accomplished," and provides for the filing of the warrant with 10 days after expiration.' Within 90 days after the warrant is unsealed, the agency that accessed information under it must give the subject specific information about the warrant and indicate whether or not electronic communications information was collected.10 Tracking warrants: Section 626A.42 provides that government entities may not obtain the location information of an electronic device without a tracking warrant issued on probable cause, unless proceeding with consent or in an emergency situation involving a risk of death or serious physical harm." New legislation for 2020 further extends the warrant requirement to location information about "unique identifier[s]."12 A "unique identifier" is defined as "any numeric string that is associated with a single entity or account within a given electronic communication application or service."13 ' Id. § 626A.28, subd. 2. 6 2020 Minn. Laws Ch. 88, sec. 18. 12020 Minn. Laws Ch. 82, sec. 4; Minn. Stat. § 626.085, subds. 1 and 2(a). 8Id. § 626.086, subd. 2(b). 'Id. § 626.086, subd. 4(b)(1), (2). Drones: Use by law enforcement: A new addition to the books, section 626.19, governs law enforcement's use of unmanned aerial vehicles (UAVs or drones) and the data that is collected with them. 14 The details of the statute will be of particular relevance to agencies that operate drone programs or are considering one. Warrant requirement and exceptions: The new law prohibits law enforcement use of UAVs without a search warrant, except in nine situations. These are: During or in the aftermath of an emergency involving the risk of death or bodily harm; 2. Over a public event where there is a heightened safety risk to participants or bystanders; 3. To counter the risk of a terrorist attack by a specific individual or organization, based on credible intelligence; 4. In and after disasters, to prevent the loss of life, or to facilitate operational planning, rescue, or recovery operations; To conduct a threat assessment prior to a specific event; 6. To collect information from a public area based on reasonable suspicion of criminal activity; 7. To collect information for crash reconstructions after serious or deadly collisions on public roads; 8. Over a public area for purposes of officer training or public relations; and 9. On written request of a government entity for a purpose unrelated to law enforcement, that identifies the basis for the request and proposed timeframe of 1° Id. § 626.086, subds 3, 4. " Id. § 626A.42, subd. 2. 12 2020 Minn. Laws Ch. 82, secs. 14, 15; Minn. Stat. 626A.42, subd2. 1(i), 2. 13 Minn. Stat. § 626A.42, subd. 1(i). " 2020 Minn. Laws Ch. 82, sec. 5. Page 2