Minnesota Statutes 626A.38 – Register, Trap and Trace Device, or Mobile Tracking Device
Subdivision 1.Pen registers or mobile tracking devices.
Upon the request of an officer of a law enforcement agency authorized to install and use a pen register or mobile tracking device under sections 626A.35 to 626A.39, a provider of wire or electronic communication service, landlord, custodian, or other person shall furnish the investigative or law enforcement officer immediately with all information, facilities, and technical assistance necessary to accomplish the installation of the pen register or mobile tracking device unobtrusively and with a minimum of interference with the services that the person so ordered by the court accords the party with respect to whom the installation and use is to take place, if the assistance is directed by a court order as provided in section 626A.37, subdivision 2, paragraph (b).
Subd. 2.Trap and trace device.
Terms Used In Minnesota Statutes 626A.38
- Electronic communication: means transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photoelectronic, or photooptical system but does not include:
(1) a wire or oral communication;
(2) a communication made through a tone-only paging device; or
(3) a communication from a tracking device, defined as an electronic or mechanical device which permits the tracking of the movement of a person or object. See Minnesota Statutes 626A.01
- Electronic communication service: means a service that provides to users of the service the ability to send or receive wire or electronic communications. See Minnesota Statutes 626A.01
- Investigative or law enforcement officer: means any officer of the United States or of a state or political subdivision thereof, or a University of Minnesota peace officer who is empowered by law to conduct investigations of or to make arrests for offenses enumerated in this chapter, or any attorney authorized by law to prosecute or participate in the prosecution of such offenses. See Minnesota Statutes 626A.01
- Person: means any individual, partnership, corporation, joint stock company, trust, or association, including but not limited to, the subscriber to the telephone or telegraph service involved and any law enforcement officer. See Minnesota Statutes 626A.01
Terms Used In Minnesota Statutes 626A.38
- Electronic communication: means transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photoelectronic, or photooptical system but does not include:
(1) a wire or oral communication;
(2) a communication made through a tone-only paging device; or
(3) a communication from a tracking device, defined as an electronic or mechanical device which permits the tracking of the movement of a person or object. See Minnesota Statutes 626A.01
- Electronic communication service: means a service that provides to users of the service the ability to send or receive wire or electronic communications. See Minnesota Statutes 626A.01
- Investigative or law enforcement officer: means any officer of the United States or of a state or political subdivision thereof, or a University of Minnesota peace officer who is empowered by law to conduct investigations of or to make arrests for offenses enumerated in this chapter, or any attorney authorized by law to prosecute or participate in the prosecution of such offenses. See Minnesota Statutes 626A.01
- Person: means any individual, partnership, corporation, joint stock company, trust, or association, including but not limited to, the subscriber to the telephone or telegraph service involved and any law enforcement officer. See Minnesota Statutes 626A.01
Upon the request of an officer of a law enforcement agency authorized to receive the results of a trap and trace device under sections 626A.35 to 626A.39, a provider of a wire or electronic communication service, landlord, custodian, or other person shall install the device immediately on the appropriate line and shall furnish the investigative or law enforcement officer all additional information, facilities, and technical assistance including installation and operation of the device unobtrusively and with a minimum of interference with the services that the person so ordered by the court accords the party with respect to whom the installation and use is to take place, if the installation and assistance is directed by a court order as provided in section 626A.37, subdivision 2, paragraph (b). Unless otherwise ordered by the court, the results of the trap and trace device shall be furnished to the officer of a law enforcement agency, designated by the court, at reasonable intervals during regular business hours for the duration of the order.
Subd. 3.Compensation.
A provider of a wire or electronic communication service, landlord, custodian, or other person who furnishes facilities or technical assistance under this section must be reasonably compensated for reasonable expenses incurred in providing facilities and assistance.
Subd. 4.No cause of action against provider disclosing certain information.
No cause of action lies in any court against a provider of a wire or electronic communication service, its officers, employees, agents, or other specified persons for providing information, facilities, or assistance in accordance with the terms of a court order under sections 626A.35 to 626A.39.
Subd. 5.
[Repealed, 1989 c 336 art 1 s 17]