Subdivision 1. Illegally obtained evidence inadmissible. Evidence obtained by any act of intercepting wire, oral, or electronic communications, in violation of section 626A.02, and all evidence obtained through or resulting from information obtained by any such act, shall be inadmissible for any purpose in any action, proceeding, or hearing; provided, however, that: (1) any such evidence shall be admissible in any civil or criminal action, proceeding, or hearing against the person who has, or is alleged to have, violated this chapter; and (2) any evidence obtained by a lawfully executed warrant to intercept wire, oral, or electronic communications issued by a federal court or by a court of competent jurisdiction of another state shall be admissible in any civil or criminal proceeding.
Subd. 2. Official available as witness. No evidence obtained as a result of intercepting wire, oral, or electronic communications pursuant to a warrant issued under section 626A.06 shall be admissible in any proceeding unless the person or persons overhearing or recording such communication, conversation, or discussion be called or made available as witnesses subject to cross examination by the party against whom such intercepted evidence is being offered. The provisions of this clause shall not apply if the trial court finds that such person is dead; or is out of the state; or is unable to attend or testify because of age, sickness, infirmity, or imprisonment; or that such exceptional circumstances exist as to make it desirable, in the interest of justice and with due regard to the importance of presenting such persons in open court, to allow the evidence to be received.
Subd. 3. Failure to give notice. In the absence of the notice to a defendant required by section 626A.10, no evidence relating to intercepted communications shall be admissible in evidence or otherwise disclosed in any criminal proceeding against the defendant.
Subd. 4. Remedies and sanctions. The remedies and sanctions described in this chapter with respect to the interception of electronic communications are the only judicial remedies and sanctions for nonconstitutional violations of this chapter involving communications.
1969 c 953 s 11; 1988 c 577 s 39-41,62; 1989 c 336 art 1 s 4,5; art 2 s 8; 1990 c 426 art 2 s 1; 1993 c 326 art 7 s 20
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.