§ 626.05 — Definitions
Plain-Language Summary
This section defines key terms used in criminal procedure laws, including who counts as a 'peace officer,' what a 'search warrant' is, what 'daytime' and 'nighttime' mean, and what 'wire communication' and 'oral communication' mean. A peace officer includes sheriffs, police officers, conservation officers, and other designated law enforcement officials.
626.05 DEFINITIONS.
§
Subdivision 1.Search warrant.
A “search warrant” is an order in writing, in the name of the state, signed by a court other than a court exercising probate jurisdiction, directed to a peace officer, commanding the peace officer to make a search as authorized by law and hold any item seized, subject to the order of a court. §
Subd. 2.Peace officer.
The term “peace officer,” as used in sections 626.04 to 626.17, means a person who is licensed as a peace officer in accordance with section 626.84, subdivision 1, and who serves as a sheriff, deputy sheriff, police officer, conservation officer, agent of the Bureau of Criminal Apprehension, agent of the Division of Alcohol and Gambling Enforcement, University of Minnesota peace officer, Metropolitan Transit police officer, Minnesota Department of Corrections Fugitive Apprehension Unit member, State Patrol trooper as authorized by section 299D.03, or railroad peace officer as authorized by section 219.995 and United States Code, title 49, section 28101. §
Subd. 3.Crime.
The term “crime,” as used in sections 626.04 to 626.17, includes (1) those offenses defined as crimes in section 609.02, subdivision 1, and (2) all violations of municipal ordinances for which a misdemeanor sentence may be imposed.
History:
1963 c 849 s 3; 1976 c 2 s 154; 1977 c 82 s 4; 1979 c 258 s 21; 1983 c 359 s 112; 1986 c 444; 1988 c 447 s 1; 1989 c 334 art 6 s 11; 1990 c 502 s 7; 1993 c 326 art 7 s 13; 1995 c 189 s 8; 1996 c 277 s 1; 1997 c 129 art 2 s 15; 2002 c 291 s 4; 2012 c 155 s 10; 2017 c 98 s 5; 2024 c 123 art 3 s 4; 2025 c 35 art 3 s 22
History: History: 1963 c 849 s 3; 1976 c 2 s 154; 1977 c 82 s 4; 1979 c 258 s 21; 1983 c 359 s 112; 1986 c 444; 1988 c 447 s 1; 1989 c 334 art 6 s 11; 1990 c 502 s 7; 1993 c 326 art 7 s 13; 1995 c 189 s 8; 1996 c 277 s 1; 1997 c 129 art 2 s 15; 2002 c 291 s 4; 2012 c 155 s 10; 2017 c 98 s 5; 2024 c 123 art 3 s 4; 2025 c 35 art 3 s 22