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.
1988 c 577 s 62; 1989 c 336 art 2 s 6,8; 1990 c 426 art 2 s 1
Structure Minnesota Statutes
Chapters 625 - 634 — Criminal Procedure; Peace Officers; Privacy Of Communications
Chapter 626A — Wire, Electronic, Or Oral Communications; Interception
Section 626A.01 — Definitions.
Section 626A.05 — Authorization For Interception Of Wire, Electronic, Or Oral Communications.
Section 626A.06 — Procedure For Interception Of Wire, Electronic, Or Oral Communications.
Section 626A.065 — Emergency Interception.
Section 626A.07 — Return Filed By Officer.
Section 626A.08 — Preservation Of Material Obtained, Applications And Orders; Destruction.
Section 626A.10 — Notice To Defendant.
Section 626A.11 — Admissibility Of Intercepted Evidence.
Section 626A.12 — Motion To Suppress Evidence.
Section 626A.13 — Civil Remedies.
Section 626A.14 — Obtaining Telephone And Telegraph Company Information.
Section 626A.15 — Duty To Report Violations.
Section 626A.16 — Telephone Company To Aid In Detection.
Section 626A.17 — Report Concerning Interception Of Communications.
Section 626A.18 — Illegal Transfers Of Intercepting Devices.
Section 626A.19 — Forfeitures.
Section 626A.20 — Suspension Or Revocation Of Licenses.
Section 626A.25 — Injunction Against Illegal Interception.
Section 626A.26 — Unlawful Access To Stored Communications.
Section 626A.27 — Disclosure Of Contents.
Section 626A.28 — Requirements For Governmental Access.
Section 626A.31 — Cost Reimbursement.
Section 626A.32 — Civil Action.
Section 626A.33 — Exclusivity Of Remedies.
Section 626A.34 — Definitions.
Section 626A.38 — Register, Trap And Trace Device, Or Mobile Tracking Device.
Section 626A.381 — Service Or Notice; Inventory.
Section 626A.39 — Definitions.
Section 626A.391 — Civil Action; Damages.