Minnesota bill would soften tracking device rules for police

ST. PAUL, Minn. (AP) — A Minnesota House committee considered legislation Thursday that would expand the use of mobile tracking devices by a law enforcement officers trying to track down stolen vehicles and avoid high-speed chases amid a surge in violent carjackings.

The bill, authored by Democratic Rep. Kelly Moller, of Shoreview, would let police officers use GPS tracking devices without a court order for a 24-hour period to recover stolen vehicles and prevent high-speed chases. Current state law requires law enforcement officers to have a warrant from a judge or consent from the owner of the vehicle before they can use a mobile tracking device.

“These chases lead to a risk to public safety, risking the lives of innocent drivers who are on the road, the officers who are trying to stop these cars and anybody in those stolen cars,” Moller said during the hearing. “When these high-speed chases are called off due to safety reasons, the suspect is not apprehended and evidence needed for a later prosecution is lost.”

Ramsey County Undersheriff Mike Martin told lawmakers that officers’ current process involves reaching out to registered owners of vehicles, which he called a “cumbersome” process that many times results in not being able to reach them. Should the new bill pass, he said officers would be able to use tracking technology that they could stick to a vehicle while in pursuit, allowing them to track the car and recover it later.

The proposal comes amid a wave of violent carjackings that continues to flood the Minneapolis-St. Paul metro area, mirroring an increase nationwide. There were two such incidents in late December, when a man was shot during a confrontation with carjackers and when thieves followed a woman home and attempted to steal her car with a 3-year-old child inside.

Hennepin County Attorney Mike Freeman announced in December that his office would be dedicating more resources that include to attorneys to prosecute car thefts and an advocate to assist victims as the county saw a surge in carjackings since 2020.

Rich Neumeister, a citizen advocate for privacy and open government, said in his testimony against the proposal that tracking devices amount to a search and should require warrants. He said expanding the use of tracking devices could allow officers to use them in situations beyond recovering stolen vehicles, potentially violating Fourth Amendment protections against unreasonable search and seizure.

“The broad expansion of exceptions as proposed I contend are faulty and run contrary to Fourth Amendment safeguards. The bill undermines the need for a search warrant,” Neumeister wrote to lawmakers before the hearing. “It is clear-cut, the installment of a tracking device on a vehicle is a search.”

Lawmakers have outlined addressing crime as a priority this legislative session. Senate Republicans have suggested proposals that establish mandatory minimums for carjackings and limiting discretion of local prosecutors to ignore some low-level crimes.

Moller’s bill passed in the House public safety committee Thursday on a 18-1 vote and advanced to the judiciary committee.