626.04 PROPERTY; SEIZURE, KEEPING, AND DISPOSAL. (a) When any officer seizes, with or without warrant, any property or thing, it shall be safely kept by direction of the court as long as necessary for the purpose of being produced as evidence on any trial. If the owner of the property makes a written request to […]
626.05 DEFINITIONS. Subdivision 1. Search warrant. A “search warrant” is an order in writing, in the name of the state, signed by a court other than a court exercising probate jurisdiction, directed to a peace officer, commanding the peace officer to make a search as authorized by law and hold any item seized, subject to […]
626.06 JURISDICTION TO ISSUE. Search warrants may be issued by any court, other than a court exercising probate jurisdiction, having jurisdiction in the area where the place to be searched is located. History: 1963 c 849 s 4; 1983 c 359 s 113; 1995 c 189 s 8; 1996 c 277 s 1
626.07 GROUNDS FOR ISSUANCE. A search warrant may be issued upon any of the following grounds: (1) the property or things were stolen or embezzled; (2) the property or things were used as the means of committing a crime; (3) the possession of the property or things constitutes a crime; (4) the property or things […]
626.08 PROBABLE CAUSE. A search warrant cannot be issued but upon probable cause, supported by affidavit, naming or describing the person, and particularly describing the property or thing to be seized, and particularly describing the place to be searched. History: 1963 c 849 s 6
626.085 SEARCH WARRANT REQUIRED FOR ELECTRONIC COMMUNICATION INFORMATION. Subdivision 1. Definitions. As used in this section, the following terms have the meanings given them: (1) “electronic communication” means the transfer of signs, signals, writings, images, sounds, data, or intelligence of any nature in whole or in part by a wire, radio, electromagnetic, photoelectric, or photo-optical […]
626.09 EXAMINATION OF PARTIES MAKING REQUEST. The court may, before issuing the warrant, examine on oath the person seeking the warrant and any witnesses the person may produce. It shall take the affidavits in writing, and cause them to be subscribed to by the party or parties making them. History: 1963 c 849 s 7; […]
626.10 AFFIDAVIT; CONTENT. The affidavit or affidavits must set forth the facts tending to establish the grounds of the application, or probable cause for believing that they exist. History: 1963 c 849 s 8
626.11 ISSUANCE OF WARRANT. (a) If the judge is satisfied of the existence of the grounds of the application, or that there is probable cause to believe their existence, the judge must issue a signed search warrant, naming the judge’s judicial office, to a peace officer inside or outside the officer’s jurisdiction. The warrant shall […]
626.12 APPLICANTS; NAMES ON WARRANT. The warrant, in addition, shall contain the names of the persons presenting affidavits in support of the application, and the grounds for its issuance. History: 1963 c 849 s 10
626.13 SERVICE; PERSONS MAKING. A search warrant may in all cases be served anywhere within the issuing judge’s jurisdiction by any of the officers mentioned in its directions, but by no other person, except in aid of the officer on the officer’s requiring it, the officer being present and acting in its execution. An officer […]
626.14 TIME AND MANNER OF SERVICE; NO-KNOCK SEARCH WARRANTS. Subdivision 1. Time. A search warrant may be served only between the hours of 7:00 a.m. and 8:00 p.m. unless the court determines on the basis of facts stated in the affidavits that a nighttime search outside those hours is necessary to prevent the loss, destruction, […]
626.15 EXECUTION AND RETURN OF WARRANT; TIME. (a) Except as provided in paragraph (b), a search warrant must be executed and returned to the court which issued it within ten days after its date. After the expiration of this time, the warrant is void unless previously executed. (b) A district court judge may grant an […]
626.16 DELIVERY OF COPY OF WARRANT AND RECEIPT. When the officer conducts the search the officer must give a copy of the warrant and, when property or things are taken, a receipt therefor (specifying it in detail) to the person in whose possession the premises or the property or things taken were found; or, in […]
626.17 RETURN AND INVENTORY. The officer must immediately return the warrant to the court and deliver to it a written inventory of the property or things taken, verified by the certificate of the officer at the foot of the inventory. History: 1963 c 849 s 15; 1983 c 359 s 118
626.18 SEARCH WARRANTS RELATING TO ELECTRONIC COMMUNICATION SERVICES AND REMOTE COMPUTING SERVICES. Subdivision 1. Definitions. The definitions in this subdivision apply to this section. (a) The terms “electronic communication services” and “remote computing services” shall be construed in accordance with United States Code, title 18, sections 2701 to 2711, as amended through March 1, 2001. […]
626.19 USE OF UNMANNED AERIAL VEHICLES. Subdivision 1. Application; definitions. (a) This section applies to unmanned aerial vehicle data collected, created, or maintained by a law enforcement agency and to law enforcement agencies that maintain, use, or plan to use an unmanned aerial vehicle in investigations, training, or in response to emergencies, incidents, and requests […]
