Here are a few highlights from the 2014 Legislative session:
Cell Phone Location Tracking: The Cell Phone Location Tracking bill passed the House 130-0, the Senate 63-1, and was signed into law on May 20.
This lawrequires a government entity to obtain a tracking warrant based on probable cause before obtaining the current or historical location information of a cell phone or other electronic device. To obtain a warrant, the government must show probable cause that the person who possesses an electronic device is committing, has committed, or is about to commit a crime. The bill also provides transparency and oversight regarding government access to location information by instituting reporting requirements and requiring that notice be given to the owner or user of the tracked device.
This bill is an important update to Minnesota privacy law and provides a needed protection against unregulated government access to a person's cell phone location information.
Civil Asset Forfeiture: The Civil Asset Forfeiture bill was signed into law by Governor Dayton after receiving strong bipartisan support in the Minnesota Legislature.
This law is a big step forward in reforming Minnesota's civil asset forfeiture laws. For years, the ACLU of Minnesota argued that the forfeiture process in drug-related cases was contrary to the presumption of innocence and turned due process on its head.
The new law requires a conviction, or its equivalent, in criminal court before property can be forfeited in a judicial proceeding in civil court. This means that no one acquitted of a crime will lose their property through civil forfeiture.
The law also switches the burden of proof in judicial forfeiture cases. Now, the government must prove that the property (typically cash and/or a vehicle) was an instrument or proceed of the drug crime.
The final bill was the result of the hard work of our coalition, which included the Institute for Justice, the Minnesota Criminal Defense Lawyers Association and the Second Chance Coalition.
While the new conviction requirement is an important reform, we plan to continue our work on civil asset forfeiture in the 2015 session.
Other wins for civil liberties include:
- Expungement Reform
- Good Samaritan Overdose Legislation
- Safe and Supportive Schools Act
- Medical Marijuana
- Limitations on Restraint of Pregnant Inmates
Thank you for all of your help in contacting your legislators to pressure them on these reforms!