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Can I collect device information from participants in Minnesota? What are the requirements?
Based on the provided context documents, it appears that there are specific requirements for collecting device information from participants in Minnesota, depending on the type of information you are looking to collect.
If you are looking to collect location information from electronic devices, you may need to obtain a tracking warrant from a government entity, unless certain exceptions apply [2.1]. A tracking warrant may be granted if the government entity shows probable cause that the person who possesses an electronic device or is using a unique identifier is committing, has committed, or is about to commit a crime. An application for a warrant must be made in writing and include specific details about the offense and the person whose location information is to be obtained. There are also requirements for the time period and extensions of a tracking warrant, as well as notice and reporting requirements [2.1].
If you are looking to collect information from a pen register, trap and trace device, or mobile tracking device, you may need to obtain an ex parte order from a court based on an application that shows there is reason to believe the information likely to be obtained is relevant to an ongoing criminal investigation [2.3].
It is important to note that these requirements may not apply to all types of device information, and there may be additional requirements depending on the specific circumstances. If you could provide more specific details about the type of device information you are looking to collect, I may be able to provide a more accurate answer.
[2.1]: MNST 626A.42 [2.3]: MNST 626A.37
Source(s):
- [2.1] ELECTRONIC DEVICE LOCATION INFORMATION.
- [2.3] ISSUANCE OF ORDER FOR PEN REGISTER, TRAP AND TRACE DEVICE, OR MOBILE TRACKING DEVICE.
Jurisdiction
Minnesota