Purpose

This bill expands when and how law enforcement can use mobile tracking devices (GPS-like devices) on motor vehicles. It creates new rules for tracking stolen vehicles and for tracking vehicles that are fleeing from law enforcement, with safeguards on when devices can be used, how long they can stay attached, and how evidence is handled.

Main Provisions

• Stolen motor vehicles (new or revised rules under Subd. 2b)

  • A tracking device can be used on a stolen motor vehicle if:
  • the vehicle owner agrees, or
  • the owner reports the vehicle stolen and the vehicle is occupied when the device is attached and the vehicle is not on private property.
  • After a device is attached, the agency must remove, disable, or get a search warrant within 24 hours (and in some wording versions, within 12 hours).
  • The device must be removed if the vehicle is recovered and returned to the owner.
  • Evidence gathered from the tracking device after the vehicle is returned is not admissible in court.
  • Officers must prepare a report describing the evidence used to show the vehicle was stolen, when the device was attached, how the device was attached, how long it stayed attached, and how the device affected the investigation. This report stays in the criminal investigation file.
  • Agencies must notify the state’s Bureau of Criminal Apprehension (BCA) about the number of search warrants issued for this tracking in the preceding year, and the BCA must summarize these numbers in its biennial legislative report.

• Fleeing motor vehicles (new Subd. 2c)

  • The general prohibition on using tracking devices does not apply to fleeing motor vehicles.
  • If a device is attached and the vehicle is not in law enforcement custody within 12 hours, officers must remove, disable, or obtain a warrant to continue using the device.
  • The device must be removed if the fleeing vehicle is recovered and returned to the owner.
  • Evidence from the device after the vehicle is returned is not admissible.
  • Officers must prepare a report with similar details as for stolen vehicles (evidence used to show the vehicle was fleeing, attachment date/time, method of attachment, duration, and impact on the investigation). The report is kept in the criminal investigation file.
  • Agencies must notify the BCA by August 1, 2026 (and each year thereafter) about the number of search warrants issued for fleeing vehicle tracking, and the BCA must summarize these numbers in its biennial report to the legislature.
  • For purposes of this provision, “flee” has the meaning given in section 609.487, subdivision 1.

Significant Changes to Existing Law

• expands authorization to attach mobile tracking devices to stolen vehicles under owner consent or owner-reported theft with occupancy and non-private-property conditions
• adds a 12/24-hour (and related) removal or warrant requirement for stolen-vehicle tracking
• creates a separate, expanded allowance to track “fleeing” vehicles, with a 12-hour custody rule and reporting requirements
• requires formal reporting and data-sharing to the BCA, plus biennial summaries to the legislature
• makes evidence gathered after a vehicle is returned inadmissible
• ties the new provisions to existing definitions of “flee” and “search warrants,” and introduces annual/biennial reporting obligations

Practical Implications

• Gives law enforcement more tools to track certain vehicles in ongoing investigations.
• Adds strict time limits and documentation requirements to protect privacy and ensure oversight.
• Introduces formal data reporting to monitor how often these tracking powers are used.

Timeline and Oversight

• Stolen vehicle tracking reporting to BCA begins August 1, 2024, and continues annually.
• Fleeing vehicle tracking reporting to BCA begins with August 1, 2026, and continues annually.
• BCA will summarize the collected data in its biennial report to the legislature.

Definitions Note

• “Flee” is defined as meaning the same as in section 609.487, subdivision 1.

Relevant Terms - mobile tracking device - tracking device - stolen motor vehicle - fleeing motor vehicle - owner consent - owner reported stolen - occupied when device installed - not on private property - search warrant - admissible/admissibility (evidence) - criminal investigation file - chief law enforcement officer - Bureau of Criminal Apprehension (BCA) - biennial report - section 299C.18 - 609.487 subdivision 1 - in custody - duration of attachment - method of attachment