Section 326.338 - PERSONS ENGAGED AS PRIVATE DETECTIVES OR PROTECTIVE AGENTSSubdivision 1.Private detective.Persons who for a fee, reward, or other consideration, undertake any of the following acts for the purpose of obtaining information for others are considered to be engaged in the business of a private detective:
(1) investigating crimes or wrongs done or threatened against the government of the United States or of any state, county, or municipal subdivision thereof;(2) investigating the identity, habits, conduct, movements, whereabouts, transactions, reputation, or character of any person or organization;(3) investigating the credibility of witnesses or other persons;(4) investigating the location or recovery of lost or stolen property;(5) investigating the origin of and responsibility for libels, losses, accidents, or damage or injuries to persons or property;(6) investigating the affiliation, connection, or relationship of any person, firm, or corporation with any organization, society, or association, or with any official, representative, or member thereof;(7) investigating the conduct, honesty, efficiency, loyalty, or activities of employees, persons seeking employment, agents, or contractors and subcontractors;(8) obtaining through investigation evidence to be used before any authorized investigating committee, board of award, board of arbitration, administrative body, or officer or in preparation for trial of civil or criminal cases; or(9) investigating the identity or apprehension of persons suspected of crimes or misdemeanors.Subd. 2.[Repealed, 1987 c 360 s 26]
Subd. 3.[Repealed, 1987 c 360 s 26]
Subd. 4.Protective agent.A person who for a fee, reward, or other valuable consideration undertakes any of the following acts is considered to be engaged in the business of protective agent:
(1) providing guards, private patrol, or other security personnel to protect persons or their property or to prevent the theft, unlawful taking of goods, merchandise, or money, or to prevent the misappropriation or concealment of goods, merchandise, money, or other valuable things, or to procure the return of those things;(2) physically responding to any alarm signal device, burglar alarm, television camera, still camera, or a mechanical or electronic device installed or used to prevent or detect burglary, theft, shoplifting, pilferage, losses, or other security measures;(3) providing armored car services for the protection of persons or property;(4) controlling motor traffic on public streets, roads, and highways for the purpose of escorting a funeral procession and oversized loads;(5) providing management and control of crowds for the purpose of safety and protection; or(6) providing guards or other security personnel to transport prisoners or any other person arrested on a warrant, except that this does not apply to the transport or escort of offenders by staff of the Department of Corrections; the transport of a person by the sheriff of a county to the appropriate adult or juvenile correctional facility as designated by the commissioner of corrections or to and from court in connection with postconviction, habeas corpus, or intrastate mandatory disposition of detainers proceedings; the transfer of a person by emergency medical services personnel; or the transfer of a person by a peace officer as defined in section 626.84, subdivision 1, paragraph (c). A person covered by this subdivision may perform the traffic-control duties in clause (4) in place of a police officer when a special permit is required, provided that the protective agent is first-aid qualified.
1945 c 130 s 9; 1959 c 317 s 7; 1974 c 310 s 9; 1986 c 444; 1987 c 360 s 14, 15; 1996 c 387 s 6
Amended by 2024 Minn. Laws, ch. 123,s 5-13, eff. 8/1/2024.