7-300 Specific Call Procedures
7-301 ACCIDENTS - NON-VEHICULAR (NVA)
In non-vehicular accidents where serious injury or death has occurred, the responding squad shall request that the MECC notify the Homicide Unit. The responding squad shall complete an Offense/Incident report with the title (NVA) for all non-vehicular accidents.
7-302 ANIMAL CALLS (12/30/10)
A. Minneapolis Animal Care and Control (MACC) Assistance (10/13/92) (08/22/95) (11/06/07) (12/30/10)
- Minneapolis Animal Care and Control has the primary responsibility for enforcing City ordinances relating to animals. Animal Control Officers (ACO’s) are on duty: (11/06/07)
- Monday through Friday – 0730 hours to 2200 hours
- Saturday and Sunday – 0730 hours to 1700 hours
- Animal Control Officers are on-call seven days a week during non-business hours, and will only respond in the following situations:
- When Animal Control assistance is required during a police action; (10/13/92) (08/22/95) (12/30/10)
- A person is taken into custody and an animal will otherwise be left with no caretaker or in a manner that endangers the animal’s health or safety; (10/13/92) (08/22/95) (12/30/10)
- An animal was incidentally killed or injured as the result of a police action and no owner is present or the owner is unable or refuses to provide veterinary treatment; (10/13/92) (08/22/95) (12/30/10)
- An animal was intentionally killed by police because it was a danger to the public. (10/13/92) (08/22/95) (12/30/10)
- When an animal, dead or alive, needs to be impounded as evidence in animal neglect or cruelty cases. (12/3010)
- An animal is found which requires emergency veterinary treatment and no owner is present, or the owner is unable or refuses to provide treatment. (08/22/95) (12/30/10)
- When a person has been bitten and the animal is at large, or the animal and owner are present but there is reason to believe the owner will flee with the animal. (10/13/92) (08/22/95) (12/30/10)
- When the officers on a scene request assistance regarding an animal that is creating an immediate safety hazard to the public. In such cases, the on-call ACO may first call the reporting party or the officer to evaluate the public safety risk based upon the reported animal behavior. (08/22/95) (11/06/07) (12/30/10)
- In the event a situation does not fit the above criteria, and officers believe a response from Animal Control is necessary, officers may request the on-duty or on-call ACO via Channel 7. The ACO will assess the circumstances and determine the appropriate course of action. (11/06/07) (12/30/10)
- ACO’s will not enter any scene until it has been secured by officers. MECC personnel will communicate to the ACO when the scene is safe. Officers will remain on the scene until the ACO has completed his/her duties. (12/30/10)
B. Animal Bites (10/13/92) (08/22/95) (08/03/98) (11/06/07) (12/30/10)
- A squad will be dispatched to an animal bite if;
- the attack is in progress;
- the attack was directed by a person;
- the injuries require medical attention;
- the animal is normally wild (i.e. bear, raccoon); or
- An ACO requests assistance.
- Officers responding to the scene of an animal bite shall:
- Attempt to identify the animal (including obtaining a basic description) and locate or determine its direction of travel from the scene.
- Attempt to determine ownership if the animal is a pet.
- Inform the owner that the biting animal must be quarantined per Minneapolis City Ordinance 66.40 and that an animal control officer will contact them to make arrangements for the ten-day quarantine.
- Advise the bite victim to seek medical treatment for any injuries received from the bite and to contact Animal Care and Control the following day via 311.
- If the biting animal dies or is killed, officers shall request that MECC Channel 7 contact Animal Control to respond.
- Responding officer(s) shall complete a CAPRS report titled ABITE.
C. Animal Fighting (08/22/95) (08/03/98) (11/06/07) (12/30/10)
- Animal fighting constitutes a felony and includes the activity of dog fighting, cock fighting, or violent pitting of one domestic animal against another. (12/30/10)
- Animal Control shall be called out to the scene for the purpose of impounding animals and assisting in determining items of evidentiary value. (11/06/07) (12/30/10)
- Officers shall photograph the scene or contact the Crime Lab for assistance, when needed. (12/30/10)
- Officers shall property inventory all items determined to be of evidentiary value. (12/30/10)
- ACO’s will not enter the scene until it has been secured by officers. MECC personnel will assist in communication with Animal Control when the scene is properly secured. Officers will remain on the scene until the ACO has completed his/her duties. (08/03/98) (11/06/07) (12/30/10)
D. Domestic Violence Intervention Initiative – Kenneling Animals (12/30/10)
The Domestic Violence Intervention Initiative is a partnership between the Minneapolis Police Department and Minneapolis Animal Care and Control. The purpose of this program is to provide free pet kenneling to individuals who want to leave a violent domestic relationship but are reluctant due to concerns for their pet’s safety.
- During MACC regular hours:
- Officers will request an Animal Control Officer (ACO) to come to the scene via MECC Channel 7.
- The ACO will have the victim fill out and sign the necessary forms.
- When no ACO is on-duty officers have two options to complete the kenneling process:
- Officers may request an ACO to assist by contacting MECC Channel 7, or
- Officers may elect to handle the kenneling process themselves. Officers choosing to complete the kenneling process shall have the victim complete the following forms, available on MPDnet under Forms/Domestic Violence Intervention Initiative – Forms for Kenneling (Form MP-9064):
- Domestic Violence Animal Release Form
- Domestic Violence Visitation Form, and
- Domestic Violence MN AFAS Waiver Form (optional)
- Bring the animal to the MPD animal drop at MACC. Animals may be brought to MACC 24 hours a day.
- Complete an MACC Impound Form (located in the box on the wall by the kennel). The CCN must be written on the form. Place all completed forms in the box on the wall.
- Request to have Channel 7 notify the on-call ACO that an animal has been impounded under the Domestic Violence Initiative.
E. MPD Animal Transport Option (11/12/06) 11/06/07) (12/30/10)
- Officers have the option of transporting a mild mannered animal to the Minneapolis Animal Care and Control (MACC) facility (212 17th Ave No) rather than waiting for an ACO to respond to the scene.
- When transporting an animal to the Minneapolis Animal Care and Control facility:
- The animal shall be transported in the backseat of a squad car;
- The animal shall be secured in a cage provided at the MACC facility, (located on the west side of the building inside the entrance marked for MPD);
- No items (including leashes) shall be placed in the cage with the animal;
- Follow the posted instructions at the Animal Control facility and complete the necessary form provided.
- Officers shall not leave an animal at the MACC facility without the proper form(s) completed.
F. Dead Animal Pickup (10/13/92) (11/06/07) (12/30/10)
- Animal Control may transport dead animals during regular operating hours.
- When no ACO is on-duty, officers should make sure the dead animal is not obstructing traffic and notify Animal Control of the location for pickup by leaving a message at 311.
- If the dead animal bit a person before it died or was killed, officers shall contact MECC Channel 7 to request that an ACO respond to the scene.
- If criminal activity is suspected (e.g. animal cruelty, dog fighting) officers shall contact MECC Channel 7 to request that an ACO respond to the scene.
G. Barking Dogs (11/06/07) (12/30/10)
All barking dog complaints shall be referred to 311. (11/06/07)
7-303 ARSON (08/03/98)
The Minneapolis Fire Department's Fire Investigation Team, Car 1050, shall respond to all fires within the city of Minneapolis, to determine the cause and origin of the fire. Car 1050 shall complete a CAPRS report on the suspicious fire. (11/02/07)
Car 1050 shall collect and inventory all evidence found at the scene of a suspicious fire. If serious damage or personal injury has occurred, the Crime Lab may be called to the scene to collect and process evidence. Once the evidence is processed, the Fire Department Fire Investigation Team shall property inventory the evidence at the approved flammable liquid storage area. (11/06/07)
When sworn employees are called to or come across the scene of a fire that has been extinguished prior to the arrival of the Fire Department, and is suspicious in nature or may have been fueled by an incendiary device (for example, a Molotov Cocktail), Car 1050 shall be requested to the scene to make the CAPRS report. Sworn employees shall assist Car 1050 by locating and interviewing witnesses and completing a CAPRS supplement. (11/06/07)
In incidents where a vehicle is burned, Car 1050 shall have the vehicle towed and is responsible for completing the Vehicle Impound Report. (09/08/2000) (11/06/07)
All arson cases shall be referred for further investigation to the Minneapolis Police Bomb/Arson Unit. (11/06/07)
7-304 BIAS CRIMES (9/26/07)
Proper investigation of bias crime incidents is the responsibility of all Minneapolis Police Officers. The actions taken by the MPD after a bias crime has occurred are visible signs of our concern and our commitment to the community.
Per Minnesota State Statute 626.5531, if a victim alleges that the offender was motivated to commit the act by the victim's race, religion, ethnic/national origin, sex, age, disability, or characteristics identified as sexual orientation, a police report shall be taken.
Sworn employees shall be aware of the following criteria which may also be used to determine whether a criminal act falls within the mandatory bias/prejudice crime reporting requirements.
- The motivation of the perpetrator, as expressed in statements made to the victim, (i.e., slurs, epithets).
- The nature of the symbols used to deface public or private property indicate bias or prejudice.
- The date and time of the occurrence corresponds to a holiday of significance.
- Observations made by the sworn employee(s) and common sense review of the circumstances of the incident indicate bias or prejudice. Such observations may include the group or groups involved, the manner and means of the crime committed, and recurring patterns of similar incidents in the same area or against the same victim.
When an on-scene officer makes a determination that an incident is a criminal act and was committed because of the victim’s perceived race, religion, ethnic/national origin, sex, age, disability or characteristics identified as sexual orientation, the officer shall:
- Provide necessary assistance to the victim(s).
- Conduct a preliminary investigation.
- Identify and arrest the suspect if possible.
- Protect and preserve the crime scene and evidence.
- Notify a supervisor.
- Ensure the victim(s) receive a Victim Assistance (blue) card.
- Complete a detailed police report.
- In CAPRS, check the box "Bias" on the M.O. screen.
Upon notification of a bias crime incident, the supervisor shall:
- Respond to the scene.
- Determine the seriousness of the incident and make appropriate notifications.
- For serious incidents (serious physical harm, significant event, felony level) the supervisor shall notify the on duty Watch Commander.
- Request a Crime Lab response, to photograph the scene and/or victim(s) and recover any possible evidence.
- Complete a supplemental report.
The Intelligence Sharing and Analysis Center (ISAC) shall be responsible for the written reporting of bias motivated crimes to the Bureau of Criminal Apprehension (BCA) as required by Minnesota Statute 626.5531.
7-304.01 PLACES OF PUBLIC ACCOMMODATION (02/10/03)
As per Minn. Stat. §363.03, subd. 3a(1) and §363.101, it is a misdemeanor to deny any person the full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations of a place of public accommodation because of race, color, creed, religion, disability, national origin, marital status, sexual orientation, or sex, or for a taxicab company to discriminate in the access to, full utilization of, or benefit from service because of a person's disability.
Officers who receive information that an individual is denied public accommodation on any one or more of the foregoing bases shall investigate the potential discrimination as a possible misdemeanor and shall complete a CAPRS report entitled "DISCRP" documenting their investigation. The report shall identify witnesses to the alleged discriminatory conduct.
7-305 BICYCLES - STOLEN AND RECOVERED (09/06/07)
A police report shall be completed for all bicycle thefts:
- 311 personnel or desk personnel at the precincts will complete the report unless unusual circumstances require an on-site investigation.
- By the responding sworn employee when a bicycle is taken in a burglary or robbery. It will be included in the loss.
Persons reporting bicycle thefts occurring on Metro Transit property (light rail stations) shall be referred to Metro Transit Police to have a report completed.
Police reports relating to stolen bicycles must include a detailed description reported in the following sequence:
- License or serial number;
- Operation Identification information;
- Brand, make and style; and
- Color and other identifying data
Bicycles recovered by officers shall be property inventoried in the precinct stations by completing a Property and Evidence (P&E) Unit Pick-up Request Form (Form MP-9005, available on the MPD Intranet) and faxing it to the P&E Warehouse.
7-306 BOUNDARY DISPUTES
Officers shall not make arrests for trespassing in boundary disputes. Parties should be advised that the dispute must be settled through civil litigation, and that any criminal violations will warrant police action.
Officers responding to a burglary shall complete the preliminary investigation and CAPRS report. If information for the Modus Operandi (MO) space cannot be obtained, the word "none" should be written in that space. The report shall be appropriately titled either BURGB or BURGD. (09/07/07)
If officers find that there is a good probability of recoverable evidence, they shall notify their supervisor who shall make the determination if the Crime Lab should be notified. If evidence cannot be moved or secured, the Crime Lab should be notified. If Car 21 is not available, officers trained in latent processing can process the scene at the discretion of their supervisor. (09/07/07)
7-308 BURGLARY OF BANKS, FEDERAL AND RAILROAD PROPERTY
Officers investigating crimes to banks, federal or railroad properties during hours when that facility is closed shall, in addition to completing the Offense report, notify the appropriate Property Crimes Unit. (07/02/90)
7-309 BURGLARY - PROPERTY LOSS FORM PACKETS
When victims are unsure of a total loss at the time that they report a burglary, the responding officer(s) shall provide a Property Loss Form Packet along with the case control number. The packet allows the victim to add additional property losses to the original police report at a later time. The victim(s) shall be directed to return the Property Loss Form to their Precinct Investigations Unit or to the Property and Evidence Unit. (09/07/07)
7-310 CHECKS (08/14/07)
When blank checks are reported lost or stolen, the offense/incident code used should be appropriate to the circumstances (LOSTPR, THEFT, TFMV, BURGD, ROBPER, etc). If the victim is aware that the lost/stolen checks have been used in a transaction, that information should be included in the narrative.
The victim of check forgery (FORGCK) is the person or business that accepted the check in exchange for goods or services, NOT the owner of the checking account.
If a merchant receives a check that is returned by their bank marked NSF (Non-Sufficient Funds), Account Closed or Return to Maker, the merchant, before making a police report (BADCHK), must first send the check issuer a Notice of Demand and Payment (available from most banks or the Forgery/Fraud Unit). The complainant should be referred to the Fraud Information Center on the City of Minneapolis Police Department website.
7-311 CHECK THE WELFARE/MEDICAL EMERGENCIES
Officers are authorized to make forcible entries into dwellings on "Check the Welfare," medical "panic alarm," or other medical emergency situations when they follow the procedures below: (12/06/92)
- The officers can determine from their own observations that someone inside needs help or call is received, and, if possible, the caller is identified;
- Facts are evident or presented by the caller that make it reasonable to believe that the subject is inside the dwelling and needs assistance;
- Officers are unable to elicit a response from inside the dwelling after knocking, phoning or calling out;
- A supervisor is notified prior to entry, except in circumstances demanding immediate attention. In such circumstances a supervisor will be notified as soon as possible after entry. (07/02/90) (12/06/92)
Entry will be made with as little force and damage as possible, and the building will be secured in accordance with Section Securing Open Buildings. The entry will be documented on an Offense/Incident report, and entitled "Forcible Entry," with "BOARD" listed as a second or third incident code if BOARD UP PLUS was called to secure the building. (12/06/92)
7-312 CLEARING CONDEMNED BUILDINGS
Officers shall assist with removing the occupants of buildings posted with a placard of condemnation when called by the Commissioner of Health, Director of Inspections, Chief of the Fire Department or any of their representatives. It is unlawful under Minneapolis Code 244.1450 to occupy any building posted with a placard of condemnation.
7-313 DEATHS AND SERIOUS INJURY - DEPARTMENT EMPLOYEES (01/28/94) (06/19/97) (07/21/16)
All on-duty employee deaths and serious injuries will be reported by telephone to ECB and to the Watch Commander. The Watch Commander shall notify the Chief of Police or his/her designee.
Although it is the legal responsibility of the Hennepin County Medical Examiner's office to provide proper notification to relatives of the deceased, the Chief shall inform the Medical Examiner of the special circumstances involved.
The family of the deceased shall be referred the Personnel Section or to the Employee Assistance Program Coordinator for sources of emotional support and benefits assistance.
7-314 DOMESTIC ABUSE (03/14/12)
The purpose of this policy is to establish departmental protocol and procedures for responding to and processing information regarding domestic violence in accordance with Minnesota State Statutes.
It is the policy of the Minneapolis Police Department to:
A. Thoroughly investigate all allegations of domestic violence, make appropriate referrals, and take action according to the totality of the information known.
B. Aggressively utilize the arrest powers granted by the State Legislature. Criminal laws will be enforced without regard to the relationship of the parties involved.
C. Discourage dual arrests in Domestic Abuse situations, in accordance with Minnesota Statute 629.342.
Bodily Harm: Physical pain or injury, illness, or any impairment of physical condition.
Dangerous Weapon: Any gun, whether loaded or unloaded, or any device designed as a weapon and capable of producing death or great bodily harm, any combustible or flammable liquid or other device or instrumentality that, in the manner it is used or intended to be used, is calculated or likely to produce death or great bodily harm, or any fire that is used to produce death or great bodily harm. (01/12/15)
Domestic Abuse: Physical harm, bodily injury, assault, or the infliction of fear of imminent physical harm, bodily injury or assault, terroristic threats, criminal sexual conduct, or interference with an emergency call, when committed between family or household members.
Domestic Abuse No Contact Order: An order issued by a judge in a pending criminal case or during the probationary period following a conviction, prohibiting a defendant from having contact with a victim or his/her address. The CAPRS code to use for a violation of a Domestic Abuse No Contact Order is VDNCO. (01/12/15)
Domestic Assault in the 1st Degree: Assaulting another and inflicting great bodily harm. The CAPRS code to use is DASLT1.
Domestic Assault in the 2nd Degree: Assaulting another with a dangerous weapon. The CAPRS code to use is DASLT2.
Domestic Assault in the 3rd Degree: Assaulting another and inflicting substantial bodily harm. The CAPRS code to use is DASLT3.
Domestic Assault in the 5th Degree: Assaulting a family or household member by (1) committing an act with intent to cause fear in another of immediate bodily harm or death; or (2) intentionally inflicts or attempts to inflict bodily harm upon another. The CAPRS code to use is DASLT5.
Domestic Assault by Strangulation: Intentionally impeding normal breathing or circulation of the blood by applying pressure on the throat or neck or by blocking the nose or mouth of a family or household member. The CAPRS code to use is DASTR.
Family and Household Members: Spouses, former spouses, parents and children, persons related by blood (1st cousins or closer), and persons who are presently residing together or who have resided together in the past, and persons who have a child or are currently expecting a child in common regardless of whether they have been married or have lived together at any time, a man and a women if the women is pregnant and the man is alleged to be the father regardless of whether they have been married or have lived together at any time, and a person involved in a significant romantic or sexual relationship (10/21/93) (07/01/95) (03/14/12)
Great Bodily Harm: Bodily injury which creates a high probability of death, or which causes serious permanent disfigurement, or which causes a permanent or protracted loss or impairment of function of any bodily member or organ or other serious bodily harm.
Harassment/Restraining Order: Violating any term of a Harassment/Restraining Order issued by a judge or referee. The CAPRS code to use for a violation of a Restraining Order is RORDER.
Interference with Emergency Call: Intentionally interrupts, disrupts, impedes, or interferes with an emergency call or who intentionally prevents or hinders another from placing an emergency call. The CAPRS code to use for Interference with Emergency Call is 911INT.
PC Felony Enhanced List: The Minneapolis City Attorney’s Office maintains a list of all defendants whom they know to be chargeable with a felony for assault, domestic assault or violation of an Order for Protection, violation of a Harassment/Restraining Order or violation of a Domestic Abuse No Contact Order. The list is on MPDnet and in a physical book at the jail. The CAPRS code to use for an enhanced domestic assault is DOMEN, for an enhanced 5th Degree assault is ASLTEN, and for an enhanced violation of an Order for Protection, Restraining Order or Domestic Abuse No Contact Order is OFPEN.
Primary Aggressor: The following criteria shall be considered as a guideline when attempting to determine the primary aggressor: (10/21/93) (03/14/12)
- Whether one person in the dispute was acting in self-defense;
- Whether a violation of an Order for Protection or a Violation of a Domestic Abuse No Contact Order has occurred;
- The extent of injuries, if any, to any person involved;
- Who initiated the first act of physical violence;
- The existence of a fear of physical injury, because threats were made;
- The history of physical violence perpetuated by one party against the other; and
- The physical stature or physical ability of the persons involved.
Risk Assessment: A series of questions officers ask a victim, pertaining to domestic violence history and the potential threat of future violence.
Significant Relationship: Minnesota State Statute 518B.01 subd. 2 states the following when deciding if a “significant” relationship exists, “In determining whether persons are or have been involved in a significant romantic or sexual relationship the court shall consider the length of time of the relationship; type of relationship; frequency of interaction between the parties; and, if the relationship has terminated, length of time since the termination. (07/01/95) (03/14/12)
Substantial Bodily Harm: Bodily injury which involves a temporary but substantial disfigurement, or which causes a temporary but substantial loss or impairment of the function of any bodily member or organ, or which causes a fracture of any bodily member.
Violation of an Order for Protection: Violating any term of an Order for Protection issued by a judge or referee. The CAPRS code for violation of an Order for Protection is POVIOL.
IV. PROCEDURES / RULES / REGULATIONS
A. Domestic Abuse – Preliminary Investigation (03/14/12)
- In the event a domestic 911 call is cancelled officers shall respond to the location and check welfare. (03/14/12)
- Officers shall attempt to determine the Primary Aggressor in a domestic assault.
- Arrests for domestic abuse, based on probable cause, are expected if any of the following circumstances exist:
- Signs of injury or impairment;
- Dangerous weapon involved;
- Alleged assault - no signs of injury;
- Victim alleges to be in fear of immediate bodily harm;
- Terroristic threats (Minn. Stat. §609.713 sub.1) (07/01/95) (03/14/12);
- Criminal sexual conduct (refer to Minn. Stat. §609.342, 609.343, 609.344, 609.345) (07/01/95) (03/14/12)
- A police officer may arrest a person without a warrant, even at the person’s own residence, if the officer has probable cause to believe that in the preceding 72 hours a domestic assault occurred. (11/03/14) (06/06/16)
a. The 72 hour time period begins at 0001 hours the day after the incident occurred. (06/06/16)b. Officers must have an independent reason to enter the suspect’s residence, such as exigent circumstances or consent. Minnesota State Statute 629.341 does not provide independent authorization to enter a suspect’s residence. (06/06/16)c. An officer may make an arrest for a misdemeanor domestic assault even if the assault did not occur in their presence. (11/03/14)
- An officer may not issue a citation in lieu of arrest and detention for a defendant charged with harassment, domestic abuse, violation of an Order for Protection, or violation of a Domestic Abuse No Contact Order. See Minnesota State Statute 629.72, subd. 1(a).
- Officers shall follow the MPD's Domestic Abuse Incident Response Protocol when responding to all domestic abuse related calls. (01/12/15)
- Officers shall check the PC Felony Enhanced List on all domestic calls including cases where the suspect is gone on arrival (GOA). Failure to do so will result in a notification to the officer’s commander.
B. Domestic Abuse – MPD's Domestic Abuse Incident Response Protocol (03/14/12) (01/12/15)
- The Minneapolis Police Department has adopted the following protocol for patrol officers responding to adult arrest and suspect cases for the following offenses: (01/12/15)
- Felony 1st degree assault, if the parties are family or household members;
- Felony 2nd degree assault, if the parties are family or household members;
- Felony 3rd degree assault, if the parties are family or household members;
- Felony domestic assault by strangulation;
- Felony terroristic threats, if the parties are family or household members;
- Misdemeanor, gross misdemeanor or felony domestic assault;
- Misdemeanor, gross misdemeanor or felony violation of an Order for Protection;
- Misdemeanor, gross misdemeanor or felony violation of a Domestic Abuse No Contact Order;
- Misdemeanor, gross misdemeanor or felony violation of a Harassment/Restraining Order, if the parties listed in the order are family or household members;
- Gross misdemeanor or felony stalking, if the parties are family or household members; and
- Gross misdemeanor interference with an emergency call.
- As part of this protocol, patrol officers shall complete the following preliminary investigative tasks when responding to any calls as described above:
- Check for existence of Order for Protection or Domestic Abuse No Contact Order on every domestic related 911 call.
- Ask victim if suspect or arrestee has access to any guns or ammunition or if there are any in the home. (01/12/15)
- If victim indicates yes, ask if victim has any safety concerns. Document responses in the report. (11/03/14)
- ii. If the victim has safety concerns, officers may property inventory the guns and ammunition for safe keeping. (01/12/15)
- Obtain a signed medical release with shaded areas completed from victim if victim is seeking medical treatment.
- Ask victim to complete domestic violence victim’s supplement. Property inventory supplement on completion.
- Document in CAPRs report the victim’s answers to risk assessment questions listed on domestic violence victim’s supplement and ask any follow-up questions.
- Take photographs. Examples of things to photograph include, but are not limited to: the arrestee; victim; injuries; scene, including any damaged property; and the arrestee in an Order for Protection or Domestic Abuse No Contact Order case at a prohibited address.
- Collect any physical evidence and property inventory it.
- Obtain contact information from witnesses to the incident including name, address, and phone number.
- Question witnesses regarding the incident.
- If suspect is gone on arrival, remind victim to call police if suspect returns within 72 hours of the incident. (11/03/14)
- Inform victim of domestic violence resources on blue card and call the 24-Hour Domestic Violence Hotline at 612-874-7100 to inform them of incident. (01/12/15)
- If the case is misdemeanor or gross misdemeanor level, check the PC Enhanced Felony. Follow the instructions pertaining to the arrested party or suspect if they are on the list and add the additional charge listed. (01/12/15)
- If the case is misdemeanor or gross misdemeanor level, obtain a squad video Mirandized Scales statement from suspect or arrestee. Document results of the interview in the CAPRS report. (Miranda statements DO NOT need to be taken on felony level cases). (01/12/15)
C. Arrests for Violation of Domestic Abuse No Contact Order (12/19/91) (03/14/12)
- Officers shall verify the existence of the Domestic Abuse No Contact Order. (03/14/12)
- If the suspect or the victim does not have a valid copy of the Domestic Abuse No Contact Order, the existence of the court order may be verified by contacting the Hennepin County Jail Records Unit 612-596-8080. (03/14/12)
- If no telephone is available to the officer, the officer may ask the MECC (Channel 7) for assistance.
- Domestic Abuse No Contact Orders are stored in the same database as Orders for Protection, and can be verified by following the procedures described in 7.314.01 Order for Protection – Short Form Notification. (03/14/12)
- If an officer determines an individual is in violation of a Domestic Abuse No Contact Order, an arrest shall be made. (03/14/12)
- Officers shall complete a CAPRS report and supplement entitled “Violation of a Domestic Abuse No Contact Order” (VDNCO). Include the Hennepin County Jail SILs number (HCJ's computer ID# of the arrestee) and the original charge which the arrestee had been previously booked on and released. (03/14/12)
D. Domestic Abuse and Domestic Violence – Reporting Requirements (03/14/12) (01/12/15)
- In all cases of domestic violence or alleged acts of domestic abuse, a CAPRS report and supplement shall be completed immediately. (03/14/12)
- If no arrest is made, the supplement shall clearly show sufficient reasons for not making the arrest. (12/10/2004) (03/14/12)
- Officers shall notify the 24-Hour Domestic Violence Hotline at 612-874-7100 whenever completing a CAPRS report (in both arrest and suspect cases) for: (04/17/91) (10/21/93) (05/18/99) (03/14/12) (01/12/15)
- 1st degree domestic assault;
- 2nd degree domestic assault;
- 3rd degree domestic assault;
- Domestic assault by strangulation;
- Domestic threats;
- Domestic stalking;
- Domestic assault enhanced;
- Interference with an emergency call;
- Violation of an Order of Protection;
- Violation of a Domestic Abuse No Contact Order;
- Violation of a Restraining Order (if domestic related); or
- Violation of an Order for Protection Enhanced
7-314.01 ORDER FOR PROTECTION – SHORT FORM NOTIFICATION (10/01/01)
The Minnesota Department of Public Safety maintains a CJIS “Hot File” database in conjunction with the FBI “Hot File” database to access Orders for Protection information. These files are queried every time an officer queries the wanted person files.
At the top of these “hits,” there is a data field indicating if the Order has been served or not. An Order for Protection (OFP) that has not been served cannot be enforced. Regardless of the OFP status, the officer may arrest an individual for other offenses if probable cause exists. However, Minn. Stat. 518B.01 subd. 8a allows any law enforcement officer in Minnesota to effect instant service of process through the Order for Protection Short Form Notification.
If an officer encounters a person and receives a “hit” on an unserved OFP through a CJIS Hot File query, the officer shall serve the respondent by Short Form Notification after verifying key information with the controlling law enforcement agency, and establishing their identity either by driver’s license or state-issued ID, information obtained from the respondent, or from the CJIS “hit.”
OFP notification is a “civil” matter, and for the safety of the person(s) requesting protection, this form shall ONLY be served after establishing the respondent’s identity. OFP Short Form Notification is treated very much like a warrant hit.
Procedure to use for a “hit” on an Order for Protection that has not been served:
- Verify that information on the “hit” matches the information on the person’s driver’s license or state-issued ID card.
- If the information matches, the officer shall ask the Channel 7 dispatcher to perform a “hit confirmation” with the agency of origin – usually a county sheriff’s office. The originator of the message will be identified in the “hit.”
- After determining that the person the officer has contacted is the same person described in the “hit,” and Channel 7 has a “hit confirmation” indicating that the order is still valid, the “Order for Protection Short Form Notification” shall be completed by the police officer.
- The information that the officer needs to provide on the form may be available from the person’s driver’s license and the CJIS “hit.”
- There is a data field on the form for the respondent to sign and date for receipt of the form. However, the respondent does have the right to refuse to sign the form. Should this occur, check the box marked “Respondent refused to sign acknowledgement.”
- The officer must fill in both respondent sections on page one and on the “Certificate of Service.”
Procedures after the form has been completed:
- Inform the respondent that the Order for Protection is now enforceable.
- Give the Respondent Copy of the form to the respondent regardless of whether he/she signs it or not.
- For the safety of the person(s) requesting protection, fax the “Court Copy” to the originating agency named in the “hit” as soon as possible. Precincts may determine their own procedure to ensure that the Court Copy is promptly faxed to the originating agency. Indicate somewhere on the back page that it was forwarded via fax including the date and time.
- Inform the dispatcher to send an Administrative message to the controlling law enforcement ORI notifying them of the service and ask them to update service information. The message should include the name of the officer who served the Short Form, PNO number (Court File Number), name and DOB of respondent, date and time of service, serving agency ORI, and type of service (Short Form).
- Forward the Court and Agency Copy to the Domestic Assault Unit. The Domestic Assault Unit will mail the Court copy. (03/14/12)
The officer shall advise the respondent to go to the originating agency to obtain a full copy of the Order for Protection.
If the respondent is arrested for any other offense and has been served an Order for Protection Short Form Notification, the officer shall document in the CAPRS report that the defendant has been served.
7-315 DIVORCE EVIDENCE
It is department policy to not assist persons involved in divorce suits or to obtain information pertaining to adultery situations. Officers shall not demand that a hotel registry be displayed or assist a party in entering a hotel room for the purposes of obtaining divorce information. Persons with domestic problems should be advised to seek the assistance of a private agency or legal counsel.
7-316 EVICTION OF COHABITANT
A home is community property. Neither party can be forced to leave without a court order. A possible solution is for the officer to advise one party to leave the home for the night. If one party is locked out of the house for the night, the complainant will be advised to contact an attorney as the matter is an eviction and therefore a civil matter. Officers will not assist in breaking in the house. (07/02/90) (10/11/92)
7-316.01 EVICTION (10/11/92)
Under Minn. Stat. §387.03, the Sheriff of the county has the authority and duty to serve eviction notices. Upon request of the Sheriff, MPD officers may assist them in executing an eviction. MPD officers can only assist in the serving of an eviction notice when accompanying an officer from the Sheriff's Department.
7-317 REMOVING PERSONAL EFFECTS
Officers may enter a home at the invitation of one cohabitant that is moving while that person removes personal effects from the residence. The officers' responsibility is to ensure that neither party violates the law.
If the ownership of property is disputed, the property shall remain at its original location. In such situations, officers will inform the persons to contact their private attorneys, as a violation of community property rights is a civil matter.
7-318 CUSTODY OF CHILDREN
Only a court of record may take a child from the custody of one or both of its natural parents. If an officer is fairly certain that a child is in no particular danger, as to health and welfare, the complaining party should be advised to initiate a court action. In the event of threats or actual physical violence, officers shall take whatever action is necessary to assure protection of the child.
Minn. Stat. 609.26 states that a parent is in violation of visitation rights when he/she "takes, obtains, retains, or fails to return" a minor child from or to the parent in violation of a court order, where the action manifests an intent substantially to deprive that parent of parental rights.
Officers shall make an Offense Report on visitation violations and refer the victim to the Child Abuse Unit. If officers have reason to believe that the child may be transported out of the state by the non-custodial parent, immediate enforcement actions will be initiated.
7-318.01 CUSTODY OF CHILDREN BY A GRANDPARENT (01/22/95)
Minn. Stat. §518.158 states that in certain circumstances it is presumed to be in the best interests of the child for the court to grant temporary custody to a grandparent following an emergency custody hearing if the child had resided with the grandparent for a period of twelve months or more.
Officers requested by a parent to remove a child from the custody of a grandparent will assess the situation and will attempt to ascertain the current residence of the child. If no satisfactory determination can be made at the scene and there is no indication of abuse or neglect, the child will shall be left with the grandparent. The parent and grandparent shall then be advised to resolve the custody dispute through Hennepin County Children and Family Services.
Officers may wish to contact Child Abuse or Hennepin County Children and Family Services for advice.
7-319 ESPIONAGE OR SABOTAGE ACTIVITIES
Officers receiving any information regarding espionage or sabotage shall interview the informant and include the following information on a memorandum to the Intelligence Sharing and Analysis Center (ISAC): (07/31/07)
- Name, address and telephone number of subject
- Type of business and business address
- Make of vehicle and license number
- Any information regarding subject
- Reliability of informant
- Officer's name and assignment
7-320 HOLD-UP ALARMS (08/16/97)
Officers assigned to holdup alarm calls shall proceed safely to observatory positions near the site, taking care not to alert possible suspects or lookouts. (09/01/92)
The first officer to arrive shall determine if there are any accomplices outside the site. If there are, the dispatcher will be notified. (01/07/91)
If it is not evident that a robbery is in progress, the officers shall wait until a "callback" to the site is attempted. When callback arrangements have not been made with the site or a callback cannot be completed, the officers must proceed as if a robbery is in progress. (09/01/92)
During a robbery in progress, officers will maintain their observatory positions until the suspects leave the interior of the business or site. Exceptions are limited to actions ordered by superior officers or circumstances which dictate action to protect someone from great bodily harm. Every effort should be made to prevent a hostage situation. When hostages are taken, officers will remain in position and a superior officer will immediately call for an Operation 100.
The on-site MPD supervisor has the authority to make the final determination of any action that need to be taken during the holdup call by the Department and ECB staff. (09/01/92)
7-320.01 HOLD - UP ALARM - CALLBACK PROCEDURES (09/01/92) (08/16/97)
A "callback" is calling the facility by telephone to verify that the holdup alarm is indeed a call for police service, checking to make sure that the alarm was not sent in error.
Once a squad is dispatched to a holdup alarm call, ECC shall immediately contact the MPD supervisor to do a callback to the facility, giving the supervisor a contact person, phone number and other necessary information. If for any reason, the MPD supervisor cannot make the callback, he/she shall direct ECC to do so, and the ECC supervisor shall immediately take responsibility for the callback. ECC shall maintain constant contact with the dispatched squads, advising them of callback and/or robbery status.
7-320.02 FALSE (HOLDUP) ALARMS (09/01/92)
Officers who responded to a holdup alarm and found the call was not a holdup alarm, shall inform the ECC dispatcher of the exact type of call (medical, customer disturbance, shoplifting, accidental/panic alarm signal, etc.). Businesses are charged for false holdup calls.
7-321 FOOD POISONING
Cases of suspected food poisoning shall be reported by telephone to the Minneapolis Health Department. When the Health Department is closed, cases shall be reported to Hennepin County Poison Control (347-3141). Poison control will contact the Health Department to follow up on the case.
7-321.01 FOOD OR PRODUCT TAMPERING (10/15/91)
When officers arrive on a call in which suspected product and/or food tampering has caused bodily harm or there has been an attempt to cause harm by tampering, officers shall complete an Offense/Incident Report and it shall be entitled "Adulteration."
Forgery is the making or altering of a document, writing or object with intent to defraud. The victim of forgery is a person or business that suffers a loss. An Offense/Incident Report shall be completed in all suspected forgery cases. (08/14/07)
Officers shall attempt to recover the original forged instrument or a photocopy if the original is not available, taking care to preserve all evidence in the condition in which it was received. All recovered evidence shall be inventoried at the Property and Evidence unit, not at precincts. (8/14/07)
7-323 GUNSHOT/SHOTS FIRED (3/11/94)
Officers responding to any call in which there is verifiable indication that a firearm has been discharged shall complete an offense report. Verifiable indication of shots being fired includes witness statements, physical evidence, or multiple complaints which indicate that a firearm was actually discharged.
If the weapons discharge is the primary offense, the report shall be title "DISWEA". If the weapons discharge is incidental to another offense, the other offense shall be listed first followed by "DISWEA" as a secondary offense code. In the case of a "MURDR" code, "DISWEA" shall not be listed as a secondary offense code.
7-323.01 GUNSHOT/DEADLY WEAPON WOUNDS
Officers responding to an incident of injury inflicted by a firearm/deadly weapon or receiving information that a person has been treated at a medical facility for an injury inflicted by a firearm/deadly weapon as a result of an aggravated assault or any other crime shall complete an Offense/Incident Report regardless of whether the victim wants to cooperate. The report shall include the following:
- Name of wounded person;
- Physical description of wounded person;
- Description of injury and suspected weapon used;
- Crime involved (if known);
- Date, time, and location injury occurred; and
- Name, address, and business phone of the physician treating the injured party.
7-323.02 SHOTSPOTTER CALLS (SPOTS) (03/13/07)
ShotSpotter is a gunfire detection and location system that uses a combination of electronic sensors and software to quickly triangulate the approximate location of an outdoor gunfire event. Once a gunfire event is received and acknowledge by MECC, it will be dispatched to the closest available squad. Officers shall immediately respond to the event location and provide any needed emergency services required.
It is important to note that the ShotSpotter system has a self-learning capacity and needs accurate and timely feedback. Officers shall make every reasonable effort to confirm a gunfire event has occurred. Other operational points to consider;
- Officer shall not respond to a SPOTS call in-service (INS)
- Officers shall not clear the call unfounded (UNF) or firecrackers (FC) unless direct evidence is found to the contrary. If so, officers shall add remarks to the call and inform dispatch of the change in call nature.
- Locations of sensors shall be kept covert.
- Precinct Commanders will direct staff to conduct appropriate follow-up to SPOTS calls as deemed necessary.
This policy is in addition to and does not supersede procedures delineated in the following policies; 7-323 GUNSHOT/SHOTS FIRED or 7-323.01 or GUNSHOT/DEADLY WEAPON WOUNDS.
7-324 HAZARDOUS MATERIAL INCIDENTS (01/12/15)
A district squad will be dispatched to the scene of any complaint regarding hazardous material spills. The on‑duty watch commander shall be notified and will assist the ranking Minneapolis Fire Department official. Personnel first arriving on the scene shall avoid committing themselves to a hazardous position or situation, and will ensure the Fire Department HazMat Team has been dispatched at the earliest possible time.
When approaching the incident squads shall slow down or stop, depending on the available information, and cautiously assess the situation. As part of this assessment:
- Evaluation of any visible activity shall include the effects of wind, topography and location of the problem;
- Always approach from an upwind direction;
- Avoid walking on or touching material;
- Avoid inhaling fumes, smoke or vapors; and
- Do not assume odorless/colorless gases, vapors or fumes are harmless.
The primary police role in hazardous material incidents will be to support the Fire Department in perimeter security, evacuation, traffic and crowd control, and first aid. The priorities shall be:
- Removing and keeping unnecessary persons from the scene (denying entry); and
- Isolating the hazard area (establishing a perimeter).
Any additional information obtained regarding the hazardous material shall be provided to the Emergency Communications Center (MECC). If it is safe to do so, officers shall survey the scene and take steps to identify the material. Such steps include:
- Checking the Safety Data Sheets (for fixed sites); or for transportation related incidents, DOT ID Number, shipping manifest, bill of lading, or information from the driver/operator; and
Contacting those responsible for storage, shipping or receiving the material.
If it is not safe to proceed or you are not able to identify the product, treat each unknown as an immediate hazard, isolate the area and deny entry to anyone but those with an authorized response or operational need.
When the Minneapolis Fire Department arrives, they will assume the primary role of incident command. However, if it is determined that the material is an explosive compound and capable of detonating in its present state, the incident becomes the responsibility of the Police Department's Arson/Bomb Squad. Assigned officers shall remain at the scene until relieved by a superior officer and shall complete required reports.
7-325 HOTEL OR MOTEL OWNER/CLIENT DISPUTES (03/22/18)
7-326 LABOR MANAGEMENT DISPUTES
The main responsibility of police officers assigned to duty at a labor dispute site is to maintain law and order. In no manner, word or action shall police officers display partiality toward either of the parties involved. Officers will maintain a courteous but firm attitude in the performance of their duties.
The purpose of a peaceful, orderly labor dispute shall be deemed to be legal, unless advice is received to the contrary from the courts or other authority. When notified of a strike or labor trouble in a precinct, the commanding officer will notify the Chief of Police.
The following procedures will be adhered to by all officers in dealing with disputes relating to strikes and picketing. All officers shall:
- Prevent interference with the free and uninterrupted use of public roads, streets, highways, or methods of transportation or convenience and use such force as may reasonably be necessary for that purpose.
- Prevent disorderly conduct, assault, malicious destruction of property, riot and other similar crimes and misdemeanors defined by law or ordinance and to make arrests for such violations when committed in their presence.
- Use such force necessary to prevent injuries to persons or destruction of property.
- Make arrests for warrants issued by courts.
- Police enforcement action on court orders shall come only after the Police Department Administration consults with the City Attorney's Office. (07/02/90)
7-327 LANDLORD TENANT DISPUTES
Under Minnesota State Statue 609.606, a landlord, agent of the landlord, or person acting under the landlord's direction or control cannot intentionally remove or exclude a tenant from lands or tenements or intentionally interrupt or cause the interruption of electrical, heat, gas, or water services to the tenant with intent to unlawfully remove or exclude the tenant from lands or tenements. Such unlawful exclusion is a misdemeanor under this statute. (03/19/93)
Officers called to a situation where the tenant alleges a lockout or unlawful exclusion may not make a forced entry into the building. If the landlord is present and refuses to allow the tenant entry, the tenant may make a citizen's arrest. The landlord may be booked or issued a citation. (03/19/93)
If the landlord is issued a citation for unlawful exclusion, officers shall complete an Offense/Incident report (MP 6833) using the offense code "UNEXCL." If the landlord is not present, officers may make an Offense/Incident report using the offense code "UNEXCL." Officers completing on Offense/Incident report shall list the landlord or agent of the landlord as the suspect and the tenant as the victim. (03/19/93)
A landlord also has no authority to take possession of a tenant's personal property. A court order is required even when a tenant has failed to pay rent or overstayed a lease.
A landlord has no right of entry into a tenant's dwelling unless the tenant grants permission or emergency repairs are needed.
7-328 MISSING PERSONS - ADULTS (02/03/89) (06/16/06)
Taking the report:
Adult missing person reports may be made at precinct desks, or a reporting party may call 911/Minneapolis Emergency Communications Center (MECC). MECC will dispatch a squad and the responding officer will complete a CAPRS report using the MISPER code.
All MISPER reports will include the following information regarding the missing person:
- complete name (including any aliases or nicknames)
- date of birth
- full physical description (including height, weight, hair/eye color, scars, marks or tattoos)
- clothing description (if available)
- driver license and Social Security numbers (if available)
All MISPER reports will include the following information regarding the reporting party:
- complete name
- date of birth
- address and contact phone number(s)
The report shall also include a description of circumstances relating to the missing person including any prior disappearances, incompetence, senility, suicidal tendencies, medical or mental problems. Officers will decide if it is necessary to notify MECC to broadcast a description. Officers will advise reporting party to contact the respective precinct desk if the missing person returns or is located.
Missing adults aged 18, 19, and 20:
Missing persons aged 18, 19, and 20 at the time of their disappearance shall be entered into NCIC by MECC within 2 hours of the time listed on the Missing Persons Card (MP-6418). (10/05/09)
For all missing adult cases in which the MP is aged 18, 19 or 20, officers shall contact MECC Channel 7 upon determining whether the report of the missing person is confirmed or unfounded. (10/05/09)
Missing adults – 21 years and over:
Missing persons aged 21 years and older at the time of their disappearance shall be entered into NCIC by the MPD Terminal Agency Coordinator (TAC) once the signed request form is received from the investigator (see "Investigating missing persons" below).
Investigating missing persons:
The respective precincts shall be responsible for the follow-up investigations on all adult missing person cases. For adults aged 21 years and older, it shall be the responsibility of the investigator to decide if the victim will be entered into NCIC. The following criteria (as mandated by NCIC 2000 Policy) will be used for making the determination:
- Disability: A person of any age who is missing and under proven physical/mental disability or is senile, thereby subjecting himself/herself or others to personal and immediate danger.
- Endangered: A person of any age who is missing under circumstances indicating that his/her physical safety may be in danger.
- Involuntary: A person of any age who is missing under circumstances indicating that the disappearance may not have been voluntary, e.g. abduction or kidnapping.
- Catastrophe Victim: A person of any age who is missing after a catastrophe.
- Other: A person not meeting the criteria for entry in any other category who is missing and:
- For whom there is a reasonable concern for his/her safety; or
- Is under age 21 and declared emancipated by the laws of his/her state of residence. (10/05/09)
If it is determined that a missing adult aged 21 and over should be entered into NCIC, the investigator shall forward a signed "NCIC Initial Entry Report" form (rev 07/05) to the Terminal Agency Coordinator (TAC) in the Business Technology Unit (BTU) requesting entry. The investigator shall provide the following materials to the reporting person no later than two weeks after the date of the NCIC entry: a packet titled "NCIC Missing Person File Data Collection Entry Guide" (rev 07/05) and the form titled "Minnesota Missing Person Bulletin Information & Release Form". These documents are available on the MPD intranet in the "Forms" section at:
The investigator shall enter a supplement in CAPRS noting the date these materials were distributed. The Missing Person Data Collection Guide shall be kept on file with the TAC once it is returned to the MPD. The investigator shall contact the TAC to have the NCIC entry updated with any additional identifying information as soon as it becomes available.
Officers receiving information that a missing person has been located shall make a supplementary report in CAPRS that states the circumstances involved. The supervisor approving the CAPRS supplement will notify the assigned investigator regarding the change in status of the missing person, and the investigator will contact the TAC to ensure the NCIC entry has been removed.
7-328.01 KIDNAPPING (11/12/91)
Officers responding to a reported kidnapping shall conduct a preliminary investigation and shall complete a CAPRS report entitled "Kidnapping".
When a juvenile has been taken by a non-custodial parent and/or other family member, officers shall complete a CAPRS report entitled "Deprivation of Custodial or Parental Rights".
In each of the above cases the assigned investigator shall mail a BCA Missing Person Photo Request Form to the parent/reporting person.
For incidents regarding the abduction or kidnapping where the victim is 17 years or younger, refer to section 8-202 Amber Alert. (05/19/05) (10/05/09)
7-329 MOTOR VEHICLE THEFT REPORTS (05/23/90) (9/26/07)
CAPRS Offense/Incident Codes: (09/26/07)
- AUTOTH: To be used for motor vehicle thefts involving vehicles licensed to be driven on streets/roadways.
- MVTHFT: To be used for motor vehicle thefts involving vehicles NOT licensed to be driven on streets/roadways. (Examples: 3-wheelers, garden tractors, snowmobiles, golf carts, gators, some scooters and construction equipment.)
The following procedures shall apply when the victim will prosecute for the theft of a motor vehicle: (07/02/90) (08/21/91)
- Upon receiving a request to take a police report for a motor vehicle theft the officer shall first ascertain whether the Auto Desk is aware of the matter before completing a report. (08/21/91) (9/26/07)
- A police report titled AUTOTH or MVTHFT shall be completed immediately if the information provided by the person reporting indicates the vehicle is stolen. (See Breach of Trust, 7-336.04.) (08/21/91) (09/26/07)
- If the person reporting names or identifies a suspect, the officer shall attempt to determine whether the suspect had lawful access to the vehicle. An AUTOTH or MVTHFT report will not be taken if the suspect had lawful access to the vehicle. (See Breach of Trust, 7-336.04.) (08/21/91) (09/26/07)
- After the AUTOTH or MVTHFT report is completed, the officer shall notify the Auto Desk with the assigned Case Control Number (CCN). (09/26/07)
- The AutoDesk shall make the entry into NCIC. (09/26/07)
The following procedure shall apply when the victim will not prosecute for the theft of a motor vehicle: (08/21/91)
- The responding officer shall refer the case to the Auto Desk as a ‘locate’ only. (08/21/91)
- No reports are required.
If a vehicle is stolen during the commission of another offense, the AUTOTH or MVTHFT shall be reported on the same police report, in order of the most serious offenses. (08/21/91) (09/26/07)
Recovery of Stolen Vehicles (08/21/91) (05/20/99) (09/26/07)
All recovered stolen vehicles shall have a CAPRS report entitled RECVEH and a tow sheet completed, regardless of the originating jurisdiction. This includes recovered vehicles missing the Vehicle Identification Number (VIN), license plates, or both; as well as vehicles that have been significantly stripped.
The Vehicle Identification Number (VIN) entered on all reports shall be obtained directly from the vehicle.
In situations where an arrest takes place prior to the vehicle being reported as a ‘Minneapolis Stolen’ vehicle, and the arresting officers also take the AUTOTH or MVTHFT report, the CAPRS report shall then be entitled #1 AUTOTH or MVTHFT and #2 RECVEH.
A new CCN with a completed RECVEH CAPRS police report shall be done for all other incidents involving recovered stolen vehicles, referencing the original AUTOTH or MVTHFT CCN. This is necessary to track locations where stolen vehicles have been recovered.
If the motor vehicle theft occurred in another jurisdiction, that agency shall make the motor vehicle theft report.
Arrests/Case Control Numbers (08/21/91) (09/26/07)
Stolen Vehicle – Minneapolis
- The charge listed on the arrest report for a person arrested in control of a ‘Minneapolis Stolen’ vehicle shall be AUTOTH, MVTHFT, or R&C.
- The CCN from the original AUTOTH or MVTHFT report shall be included in the space "Original CCN" on the RECVEH report.
- The original CCN for the AUTOTH or MVTHFT can be obtained from the MDC NCIC screen following the letters ‘OCA.’
Stolen Vehicle - From Another Jurisdiction (08/21/91) (09/26/07)
- The charge listed on the arrest report for a person arrested in Minneapolis, in control of a stolen vehicle from another jurisdiction shall be STOLMV (Stolen Motor Vehicle) or R&C.
- The other jurisdiction’s CCN (OCA) and city shall be included in the narrative section of the RECVEH report.
7-329.01 MOTOR VEHICLE LOCATES (05/23/90)
On vehicles that are missing but do not qualify as a Motor Vehicle Theft, a ‘locate’ may be placed on the vehicle. This is done through the Auto Desk upon the request of an officer and/or owner. A ‘locate’ is active for 30 days. (09/26/07)
7-329.02 MOTOR VEHICLE LICENSE PLATE THEFT REPORTS (05/23/90) (09/26/07) (04/23/10) (05/08/20)
A. Officers who respond to take a report on stolen license plates shall take the following actions:
1. Take a police report entitled TMVP (Theft of Motor Vehicle Parts).
a. The report shall include a completed vehicle screen in PIMS, including the vehicle description.
b. The vehicle shall be listed as “other” on the PIMS vehicle screen.
c. The stolen plates shall be listed on the Stolen Vehicle Detail page.
2. Notify the Auto Desk of the license plate number and the assigned CCN.
B. The Auto Desk will make any necessary entries into NCIC.
7-329.03 MOTOR VEHICLE THEFT REPORTS - LEASED VEHICLES (09/26/07)
A leased vehicle obtained under a written agreement that is not returned to the rental agency (lessor) by the agreed upon return date cannot be considered stolen until five days after the rental agency demands return of the vehicle in writing to the lessee. (See Minn. State. §609.52(9)). Written demand for return of the vehicle may be served personally in the manner provided for service of process of a civil action, or sent by certified mail to the last known address of the lessee. (05/23/90)
No report will be taken until a copy of the lease agreement is provided to officers along with proof that the written demand for return of the vehicle was issued. 311 may not be used to complete the police report in these circumstances. (05/15/89) (05/23/90) (03/10/95) (9/26/07)
7-329.04 MOTOR VEHICLES - BREACH OF TRUST (05/15/89)
Breach of trust is defined as the taking of a vehicle for temporary use when prior authority has been granted or can be assumed, such as with former or current members of the same household. Breach of trust is also unauthorized use by chauffeurs and others having lawful access to the vehicle. These types of situations are not classified as motor vehicle thefts. In these cases, officers should advise the complainant that:
- No report can be taken for at least 30 days from the date of discovery. A ‘locate’ may be called in to the Auto Desk by the officer. The complainant should also be advised to take substantive steps to recover their vehicle. (05/23/90) (9/26/07)
- After thirty (30) days, if the vehicle is still missing and the complainant still wishes to file a report, a CAPRS report, titled AUTOTH or MVTHFT shall be completed. The officer shall contact the Auto Desk and check if a ‘locate’ was placed on the vehicle and the date of entry to verify if thirty (30) days has expired. (05/23/90) (07/02/90) (03/10/95) (09/26/07)
- 311 may not be used to complete a police report in these circumstances. (05/23/90) (07/02/90) (09/26/07)
7-330 MOTOR VEHICLE THEFT DURING THE COMMISSION OF ANOTHER CRIME
Whenever a vehicle is taken in the commission of another crime, an Offense/Incident Report (MP-6833), titled Motor Vehicle Theft. The same Case Control Number shall be used. (07/02/90)
When controlled substances or the equipment to prepare or use them are found on the person of an arrestee or are in plain view at the place of an arrest or search, the officers shall seize and immediately inventory the evidence. Narcotics shall be inventoried using a narcotics bag or a sealed envelope. Separate envelopes shall be used for each suspect. Narcotic paraphernalia shall not be included in the envelope. (08/10/07)
If items seized are in the room, apartment, or premises occupied by the arrestee, the officers shall:
- Identify any other persons present.
- Determine the name and address of the manager or landlord.
- Attempt to determine the location of the key to the premises. When the key is in the possession of the arrestee, it shall be inventoried as evidence.
- Inventory all physical evidence gathered.
- Secure the premises and get a search warrant for further evidence if probable cause exists.
The Narcotics Unit/Precinct Community Response Teams gathers and tracks narcotics intelligence information. Officers receiving information about the purchase or sale of controlled substances shall inform the Narcotics Unit/Precinct Community Response Teams. (04/01/93) (03/14/97)
7-332 NO-PAYS - SERVICE STATIONS (06/28/02) (04/18/08)
Individuals wanting to file a police report for Failure to Pay for Gasoline may be referred to 311.
7-333 OPEN FIRE HYDRANTS (03/20/2000)
MECC personnel shall refer incidents in which the general public has illegally opened fire hydrants to the Minneapolis Water Department, who is responsible for closing fire hydrants. If Water Department personnel need police assistance, they will contact MECC. MECC shall dispatch officers to deal with harassing or threatening individuals on the scene, or if the opening of a hydrant is in progress and the person opening the hydrant can be identified by witnesses. MECC shall not dispatch a squad if there are people loitering or playing in the area of an open hydrant. Responding officers are not responsible for closing hydrants.
7-334 PARTY CALLS - CHRONIC PROBLEM ADDRESS (07/28/88) (05/19/08)
Officers respond to a large number of party disturbance calls. Some addresses generate a high number of calls. In an effort to reduce the number of return calls, officers shall take aggressive action when responding to "Chronic Problem Addresses". Officers should arrest or issue a citation when responding to a substantiated party call at a Chronic Problem Address.
Upon making a determination of how the call will be resolved, officers shall document in the corresponding CAPRS report or VisiNet comments (if advising only) the following information:
- Party incident address;
- Distance from which disturbance could be heard;
- Estimated number of people in attendance;
- Other disruptive behavior related to the party;
- Name, address and DOB of the resident with whom officer(s) spoke, and if they were identified as a renter or property owner.
MPD Crime Prevention Specialists shall be responsible for reviewing CAPRS reports and/or associated comments in VisiNet and determining the appropriate follow-up action(s) to take, including:
- Mailing warning letters and/or citations to the property owner under Minneapolis Ordinance 389.65.
- Notifying MECC to place an alert on the address. The ‘remarks’ section of the alert will state:
- "The above address is being investigated as a chronic party house. Per Lt. (name of supervising Lt. for Sector), if violation of Minneapolis City Ordinance 389.30 Noisy Assembly exists, responding officers shall tag and arrest those responsible."
MPD Crime Prevention Specialists may utilize the Rental Licensing Revocation process under Minneapolis City Ordinance 244.2020 to address on-going chronic parties. Repeated documented violations at a rental property can result in a loss of the owner’s rental license, and right to rent the property.
Prowlers may be potential burglars or criminal sexual conduct suspects. If an adequate description is given or a suspect is known, a memorandum shall be made and distributed to the affected precincts, divisions and units.
In many commercial transactions, the buyer signs a purchase contract agreeing to a repossession, without judicial process, by the seller if there is a default in the payment. However, the seller cannot commit criminal offenses in order to make a repossession. Sellers should have a copy of purchase contract at the repossession.
7-337 RIVER AND LAKE OPERATIONS - RESCUE AND IMMEDIATE RESPONSE
The lock and dam offices are staffed 24 hours a day. Should an incident occur requiring an immediate response, the lock and dam offices and the Fire Department should be called immediately.
When an incident occurs that requires the use of boats, the Hennepin County Sheriff, the Department of Natural Resources, and the Minneapolis Fire Department may be able to provide emergency service. The Hennepin County Sheriff's Office will also provide divers.
7-338 POLICE RESPONSE TO SCHOOL BUS AND SCHOOL BUS STOP INCIDENTS (08/30/99)
The Minneapolis Police Department works closely with the Minneapolis School District to create and maintain a safe environment for students on school buses and at school bus stops.
The MPD will respond to emergency and all other 9-1-1 calls for police service to incidents on Minneapolis Public School transportation buses and at school bus stops with district squads in accordance with existing 9-1-1 response procedures.
Response to on-going situations of a minor nature on school buses and at school bus stops will be referred to the appropriate precinct unit for follow-up. Direct written notification of these situations will be sent to the School Programs supervisor.
7-339 SECURING OPEN BUILDINGS (06/28/02)
Officers shall attempt to notify the owner or other contact person when they encounter unsecured homes or buildings. If such notification cannot be made, officers shall attempt to secure the building in a reasonable manner on their own. If they are unable to secure the building, the contract service provider may be called to secure the building in the following situations:
- When the building is unsecured as a result of a lawful police action that includes activities such as serving a search warrant or making a forcible entry to "check the welfare," etc.
- When a business is unsecured as a result of a burglary or damage to property.
- In other serious or emergency situations when authorization is obtained from the supervisor prior to notifying the contract service provider.
When officers encounter an unsecured building that must be boarded up, but which does not meet the above listed criteria, they shall notify the Inspections Department. The notification will be made to Inspections via inter-office mail by sending a memo to Inspections Department, Public Health Center, Room 300.
The contract service provider shall be contacted through Channel 7 after a supervisor’s approval. The contract service provider has been contracted to respond within 30 minutes. An officer shall remain at the scene until they arrive. In all cases where the contract service provider is called, a CAPRS report shall be made; included in the report shall be the time the call to the contract service provider was made and also the time they arrived at the scene. Officers shall also note the reason the contract service provider was called and the name of the supervisor authorizing the board up if his/her authorization was necessary. The name of the occupant of the property, and the name, address and phone number of the owner shall also be included if known.
The CAPRS report shall be titled "BOARD" if the board up is the primary incident. If the board-up is incidental to another offense or incident, the other offense shall be listed first, followed by "BOARD" as a secondary incident code.
The white and yellow copy of the Minneapolis Police Authorization to Board and Secure Building form (MP-8843) shall be given to the vendor. The vendor will send the white copy, attached with photographs, to the Inspections Department. The pink copy of the form, copies of all CAPRS reports involving the contract service provider, and copies of any supporting documentation given to officers by the contract service provider, shall be immediately forwarded to the Transcription Unit, Room 29.
To cancel a board-up call, the officer shall contact MECC. MECC personnel will contact the vendor to cancel the call. The board-up form for the cancelled call shall be completed by MECC, and the white and yellow copies shall be sent to the Inspections Department. The pink copy shall be forwarded to the Transcription Unit.
Form MP-8843 is available from MPD Stores.
7-340 SHOPLIFTING - ADULT SUSPECTS (01/01/09)
All shoplifting calls require a squad response. Responding officers shall cite and release the suspect or transport the suspect to HCJ. A CAPRS report shall be completed for all shoplifting cases.
If a report has been completed by store Loss Prevention personnel, it shall be property inventoried. Officers may utilize information contained in the Loss Prevention report, for the CAPRS report. Reports from Loss Prevention personnel shall not be obtained in lieu of completing a CAPRS report.
Suspects apprehended with merchandise valued under $500 may be cited and released by officers after a proper identification is made and a warrant check is completed. Misdemeanor shoplifting suspects who cannot be properly identified shall be transported to HCJ. If the suspect has committed other misdemeanor offenses (trespass, disorderly conduct, etc.) and can be properly identified, a citation may be issued for all offenses.
Note: The City Attorney’s office will not charge cases when the suspect has not been properly identified. Proper identification includes but is not limited to:
- MN DVS site
- State issued ID or DL card
- Identification made by HCJ
Gross Misdemeanor Arrests
Suspects apprehended with merchandise valued from $500 to $1000 shall be arrested for PC Gross Misdemeanor Theft and transported to HCJ. CAPRS reports will be routed to the appropriate Precinct Investigations Unit.
Suspects apprehended with merchandise valued in excess of $1000 shall be arrested for PC Felony Theft and transported to HCJ. CAPRS reports will be routed to the appropriate Precinct Investigations Unit.
7-340.01 SHOPLIFTING – JUVENILE SUSPECTS (01/01/09)
Juvenile suspects shall be processed according to the policies and procedures set forth in Section
8-300 Juvenile Arrest Procedures.
7-341 STAKE-OUT AND DECOY OPERATIONS (09/01/89)
In any situation where a crime is anticipated and officers decide to employ an armed stake-out or decoy operation within a building or on private property, the safety of the public shall be the major concern.
The manager of the property shall be contacted for permission and on-scene employees or residents notified for maximum personal safety should they choose to remain. Any employee or person who is expected to be on the scene who is under the age of eighteen or who is unable to give informed consent because they are mentally impaired or physically helpless shall be barred from the area before any stake-out or decoy operation begins.
Apprehensions of armed or dangerous suspects shall not be attempted inside a building where non-police personnel are present unless it is obviously necessary to protect human life.
When officers have advance information that causes them to:
- establish a stake-out or surveillance,
- recognize potential suspects from descriptions or prior knowledge
- have probable cause to believe that a crime of violence is about to occur,
- have any reason to believe that the suspects may be armed and/or dangerous,
An attempt to arrest shall be made before the suspects enter the building if time and circumstances make it possible to do so safely.
Officers conducting a preliminary investigation of a theft in which there is an extensive loss shall, in addition to completing the required offense report, notify their immediate superior who shall decide whether the appropriate Property Crimes Unit shall be notified.
Officers conducting a preliminary investigation of a theft or attempted theft from a bank, federal government or railroad property during hours in which the property is closed shall, in addition to completing the offense report, notify the appropriate Property Crimes Unit and the Emergency Communications Center.
7-343 VICE (06/17/97)
Officers assigned to a specific district are responsible for enforcing laws in that area. Arrests shall be made for vice offenses committed in an officer's presence. If an officer finds that an establishment is habitually violating laws or suspects vice activity in an area, the Precinct Community Response Teams, Organized Crime Unit, and License Division shall be notified.
7-344 VULNERABLE ADULTS (09/08/05)
7-345 PATROL RESPONSES TO SPECIAL EVENTS/INCIDENTS
(B-C) (09/18/03) (12/01/08)
Short Notice Incident: Incidents requiring a large-scale commitment of officers on typically 1 to 2 hour notice. These incidents are characterized by a short planning window and arise from events occurring which have just become known.
Spontaneous Incident: An event arising with no notice, usually as a result of a radio call or police contact, and requiring a rapid response by available precinct and response squads. A limited response by Precinct Response Teams should be utilized for spontaneous incidents and response teams should be returned to their precinct as soon as possible.
Planned Event: An event with adequate notification, designated Incident Command structure, pre-committed resources, operational planning and an approved Incident Action Plan (e.g. Aquatennial, festivals, protests, and protection details).
PATROL RESPONSE TO SPECIAL EVENTS/INCIDENTS
- The responsibility for precinct situational awareness lies with the on-duty precinct supervisor (may be lieutenant or sergeant).
- The affected precinct supervisor will notify the on duty Watch Commander or Precinct Commander as appropriate.
- The affected precinct supervisor will assume the incident command, assess the situation and plan for an appropriate operational response using Precinct Response Teams. (The composition of Precinct Response Team is listed below).
- The Incident Commander will contact an on-duty SOD Patrol Supervisor or the 1280 supervisor to determine availability of SWAT personnel to assist.
- Watch Commanders will continue to maintain their city-wide responsibilities and assist the Incident Commander with issues requiring their authority. Watch Commanders will also notify the police administration as necessary. (For additional details, see section 7-200, Watch Commanders).
- The Incident Commander will direct the other precinct supervisors to put together a Response Team from their precinct personnel. The Response Team will either stand by at their precinct or be deployed as instructed by the Incident Commander.
- If time permits, a staging area will be designated and the Precinct Response Teams will respond there for briefing and assignments by the Incident Commander. If adequate time is not available, Precinct Response Teams may be assigned via radio en-route.
- Normally, the Incident Commander will assign Precinct Response Teams specific duties and allow the response team sergeants freedom to implement them.
- At the conclusion of any short notice incident, an After Action Report should be completed by the Incident Commander and forwarded up the chain-of-command.
PRECINCT RESPONSE TEAMS
Upon request of the Incident Commander, the precinct supervisor(s) charged with the formation of a Precinct Response Team will ensure that the following is completed:
- A group of available officers is gathered at the precinct (from any shift currently on duty).
- Group size will depend upon the request of the Incident Commander.
- One sergeant will be included (if no sergeant is available, a senior officer may be designated to be in-charge of the team.
- Names and badge numbers of the team are recorded.
- The Response Team has any special equipment requested by the Incident Commander, in addition to all other necessary equipment (e.g. helmets, riot batons, gas masks, 8-point hats, prepared for weather).
- The Response Team is transported to the scene using as few vehicles as possible. Booking vans should be utilized as part of the response if available.
- Incidents involving multiple arrests shall have a supervisor designated to oversee arrest reports and statements. The Booking Team should document each arrestee with an on-scene photograph.
7-348 NALOXONE (NARCAN) ADMINISTRATION AND MAINTENANCE (05/04/18)
Opiate overdose fatalities may be preventable if interventions are introduced quickly. The purpose of this policy is to establish broad guidelines and regulations governing the use of Naloxone by trained personnel within the MPD. The objective is to render aid and ultimately reduce injuries and fatalities associated with opioid-involved overdoses.
Intranasal: A method of medication administration where medication is sprayed into the nose and is absorbed by the mucus membranes in the nose.
Naloxone: A prescription medication that can be used to reverse the effects of an opioid overdose. Specifically, Naloxone is an opioid antagonist. It binds to chemical receptors in the body; slowing or stopping the effects of opioids. Naloxone is the generic name whereas Narcan is the trade name for this drug.
Naloxone kit: This overdose kit includes (1) Naloxone pre-filled Luer-Lock (needleless) syringe containing 2mg/2ml, (1) mucosal atomization device, and (1) storage bag.
Opioid: A medication or drug that is derived from the opium poppy or that mimics the effect of an opiate. Opiate drugs are narcotic sedatives that depress activity of the central nervous system; these will reduce pain, induce sleep, and in an overdose will cause people to stop breathing. Commonly called, but not limited to, Heroin, Morphine, Dilaudid, Oxycodone, Methadone, Hydrocodone, Fentanyl, and Codeine.
A. Department-issued Naloxone shall only be administered by authorized personnel who have completed the training required by this policy.
B. Department-issued Naloxone shall only be administered according to the procedures outlined in this policy.
C. Employees that have received Naloxone Training and have been issued a personal Naloxone Kit shall carry the Naloxone Kit on their person or have it readily accessible for use, at all times while working in an MPD Uniform.
D. If an officer does not have Naloxone, MN Statute § 604A.04 provides immunity for a person who acts in good faith in administering an opiate antagonist to another person whom the person believes in good faith to be suffering from a drug overdose.
E. All administration of Naloxone shall be documented as outlined in this policy.
F. Naloxone kits shall be carried in a manner consistent with proper storage guidelines for temperature and sun exposure, as outlined in training.
1. The kit shall be inspected for damage or expiration when removing from storage.
2. Expired, damaged and missing kits shall be reported to an immediate supervisor as soon as possible.
A. Department-issued Naloxone Administration
1. Naloxone shall only be administered by intranasal route.
Trained personnel administering Naloxone shall adhere to the following procedures:
2. Request standard EMS response if not already in progress.
3. Maintain scene safety and personal universal precautions.
4. Perform victim assessment to determine unresponsiveness, absence of breathing, pinpoint pupils, and/or no pulse.
5. Provide basic life support practices as needed.
6. Perform situation assessment to determine whether it is more likely than not the victim’s condition is an opiate overdose.
If it is more like than not the victim’s condition is an opiate overdose:
7. Administer one half of the Naloxone capsule (1 mg) to one nostril as trained.
8. If the patient has no improvement in breathing or has not regained consciousness in 2-5 minutes, a 2nd dose of Naloxone may be administered to the other nostril. If the victim’s condition markedly improves prior to the administration of the 2nd mg of Naloxone, the 2nd mg does not need to be administered.
9. Continue to provide basic life support care to the victim.
10. Update responding Paramedics of:
a. Amount of Naloxone given, and
b. Any change in victim’s condition.
11. Obtain a refill for the Naloxone kit as soon as possible.
Any personnel who administered Naloxone shall complete the following documentation:
1. Complete an Offense/Incident report titled “OD,” including the EMS run number and hospital to which the individual was transported.
a. Describe efforts to revive the overdosed individual (e.g., rescue breathing, chest compressions, administered Naloxone, other).
b. Amount of Naloxone administered.
c. Change in individual after the administration of the Naloxone (e.g. regained consciousness or failed to regain consciousness).
d. If the individual regained consciousness, the individual’s behavioral reaction (e.g. aggressive, yelling, calm, confused, or seemed normal).
2. Fill out and submit the Naloxone Deployment Reporting Form to the Naloxone Program Administrator prior to the end of your shift.
C. Supervisor Responsibilities
1. Respond to calls when Naloxone is being administered, whenever possible.
2. Ensure proper protocols are being followed.
3. Review reports documenting the use of Naloxone.
4. Ensure subordinates attend Naloxone training when required and appropriate.
5. Submit a memorandum to the Naloxone Program Administrator after being notified by a subordinate of any used, expired, damaged or missing Naloxone kits.
D. Naloxone Program Administrator Responsibilities
a. Coordinate and implement initial Naloxone training for personnel, as well as re-certification training as required by policy.
b. Ensure all personnel have successfully completed Naloxone training prior to treating individuals with Department-issued Naloxone.
c. Maintain training records of personnel allowed to carry and administer Department-issued Naloxone.
2. Naloxone kit supply
a. Ensure an adequate, non-expired supply of Naloxone is available for MPD use.
b. Replace Naloxone kits that are damaged, unusable, expired or deployed after being made aware of issues with the kit supply or via a memorandum from a supervisor.
3. Administrative Records
a. Maintain records to comply with the requirements of reporting the receipt and administration of Naloxone in accordance with the State of MN and MPD Medical Director.
b. Maintain administrative records regarding departmental use of Naloxone and disseminating these records to the appropriate authorities.
E. Training and Education
1. Those authorized to administer Department-issued Naloxone shall complete an initial training course prior to receiving and administering Naloxone. This education will include both didactic and practical formats or as required by the Medical Director.
2. Recertification shall be attended every two years as required by the Medical Director.
F. Expired Naloxone kits
2. Properly documented and disposed of by the Leadership and Organizational Development Division.
7-349 SEXUAL ASSAULT RESPONSE AND INVESTIGATIONS (04/06/19)
A. The Minneapolis Police Department recognizes sexual assault as a serious problem in society and it is the MPD’s policy to protect victims of sexual assault by ensuring its peace officers understand the laws governing this area.
B. Sexual assault crimes are under-reported to law enforcement and the goal of this policy is, in part, to improve victim experience in reporting so that more people are encouraged to report.
C. This agency will strive to:
1. Afford maximum protection and support to victims of sexual assault or abuse through a coordinated program of law enforcement and available victim services with an emphasis on a victim centered approach;
2. Reaffirm peace officers' authority and responsibility to conducting thorough preliminary and follow up investigations and to make arrest decisions in accordance with established probable cause standards;
3. Increase the opportunity for prosecution and victim services.
D. It shall be this agency’s goal to decrease the victim’s distress, increase the victim’s understanding of the criminal justice system and process, and promote public safety. All employees should take a professional, victim-centered approach to sexual assaults, proactively investigate these crimes, and coordinate with prosecution in a manner that helps restore the victim’s dignity and autonomy.
E. This agency will aggressively enforce the laws without bias and prejudice based on race, marital status, sexual orientation, economic status, age, disability, gender, religion, creed, or national origin.
Consent: MN Statute section 609.341 states:
1. Words or overt actions by a person indicating a freely given present agreement to perform a particular sexual act with the actor. Consent does not mean the existence of a prior or current social relationship between the actor and the complainant or that the complainant failed to resist a particular sexual act.
2. A person who is mentally incapacitated or physically helpless (as defined by MN Statute section 609.341 Subd. 7 and 9) cannot consent to a sexual act.
3. Corroboration of the victim's testimony is not required to show lack of consent.
Child or Minor: a person under the age of 18.
Family and Household Member: MN Statute section 518B.01 Subd. 2b defines Family or Household Members as:
a. spouses and former spouses;
b. parents and children;
c. persons related by blood;
d. persons who are presently residing together or who have resided together in the past;
e. persons who have a child in common regardless of whether they have been married or have lived together at any time;
f. a man and woman if the woman is pregnant and the man is alleged to be the father, regardless of whether they have been married or have lived together at any time; and
g. persons involved in a significant romantic or sexual relationship
Sexual Assault Medical Forensic Examiner: The health care provider conducting a sexual assault medical forensic examination.
Sexual Assault: Sexual contact or penetration with another person in a criminal manner as identified in MN Statute sections 609.342 to 609.3451.
Sexual Assault Medical Forensic Examination: An examination of a sexual assault patient by a health care provider, ideally one who has specialized education and clinical experience in the collection of forensic evidence and treatment of these patients.
Victim Advocate: A Sexual Assault Counselor or a Domestic Abuse Advocate as defined by MN Statute 595.02 Subd. 1, who provides confidential advocacy services to victims of sexual assault and domestic abuse.
Victim Centered: A victim-centered approach prioritizes the safety, privacy and well-being of the victim and aims to create a supportive environment in which the victim’s rights are respected and in which they are treated with dignity and respect. This approach acknowledges and respects a victims’ input into the criminal justice response and recognizes victims are not responsible for the crimes committed against them.
Vulnerable Adult: As defined by MN Statute section 626.5572 Subd. 21, a Vulnerable Adult is any person 18 years of age or older who:
1. is a resident inpatient of a facility (as defined in MN Statute section 626.5572 Subd. 6);
2. receives services at or from a facility required to be licensed to serve adults under MN Statute sections 245A.01 to 245A.15, except that a person receiving outpatient services for treatment of chemical dependency or mental illness, or one who is committed as a sexual psychopathic personality or as a sexually dangerous person under MN Statute chapter 253B, is not considered a vulnerable adult unless the person meets the requirements of clause ;
3. receives services from a home care provider required to be licensed under MN Statute sections 144A.43 to 144A.482; or from a person or organization that exclusively offers, provides, or arranges for personal care assistance services under the medical assistance program as authorized under MN Statute sections 256B.0625 Subd. 19a, 256B.0651 to 256B.0654, and 256B.0659; or
4. regardless of residence or whether any type of service is received, possesses a physical or mental infirmity or other physical, mental, or emotional dysfunction:
a. that impairs the individual's ability to provide adequately for the individual's own care without assistance, including the provision of food, shelter, clothing, health care, or supervision; and
b. because of the dysfunction or infirmity and the need for assistance, the individual has an impaired ability to protect the individual from maltreatment.
A. The Minneapolis Police Department shall accept any report of sexual assault, regardless of when or where the offense occurred. The officer receiving the report shall take the report regardless of which precinct or jurisdiction the offense occurred in.
B. Investigators or MPD partners should maintain regular contact with the victim regarding the process of the investigation, so that the victim does not believe it is futile or demeaning to file a report.
C. Individuals making a report of sexual assault will not be cited for underage consumption or other minor offenses, including prostitution, occurring at the time of the report or the reported incident, whenever reasonable.
A. Initial officer response
In addition to following standard incident response procedures (including providing any necessary medical assistance), officers shall also do the following:
1. Recognize that the victim experienced a traumatic incident and may not be willing or able to immediately assist with the criminal investigation.
2. Make a report titled CSC.
a. Responding officers should generally limit their initial interview to questions that will establish only the basic facts of the assault and provide the information necessary for the immediate needs of the investigation and safety of the victim, such as the suspect identity and elements of the crime.
b. Ask about and document signs and symptoms of injury, including strangulation.
c. Identify and attempt to interview potential witnesses to the sexual assault and anyone the victim told about the sexual assault.
d. Inform the victim that a second interview may occur at a later time by a trained investigator.
e. Request preferred contact information for the victim for follow-up. Ask if the telephone number is a safe one (if it is used by others), if it is safe to leave a voicemail message, and if it is safe for the victim that officers say they are calling from the Minneapolis Police Department.
3. Attempt to determine the location or jurisdiction where the assault took place.
4. If the incident occurred outside of Minneapolis but is being reported in Minneapolis, the officer receiving the information shall prepare a report.
a. For incidents occurring in other jurisdictions, the officer shall use the location where the report is being taken as the incident location (e.g. the precinct, HCMC, etc.).
b. A copy of the report shall be sent to the law enforcement agency having jurisdiction, as soon as practical.
5. If the crime was recently committed, the suspect’s description should be broadcast over the radio.
6. If the crime was committed within the last 96 hours, the officer should attempt to locate and identify the crime scene.
a. If a crime scene in Minneapolis is identified, the officer shall ensure the scene is investigated.
b. If the incident occurred outside of Minneapolis, the officer shall contact their supervisor. The supervisor will coordinate with the other agency to ensure proper notifications and where applicable, scene response.
7. If a crime scene in Minneapolis is identified, it should be thoroughly investigated and processed as it will be a major factor in determining prosecution.
a. The officer shall secure the scene if forensic or other evidence may be found.
b. A supervisor shall respond to the scene if forensic evidence may be found or if the Crime Lab is to be called to the scene.
i. On extensive or complex crime scenes or in unique circumstances, a supervisor or senior officer shall remain on the scene to direct the Crime Lab.
ii. In all other cases, an officer shall remain on the scene to direct the Crime Lab. If available, Sex Crimes investigators or Car 710 may be called to direct the Crime Lab at the crime scene.
c. The supervisor should consider using other department resources, such as Canine.
d. If the Crime Lab is not available or won’t be called to the scene, the officer shall collect any evidence in a paper bag and inventory the evidence in accordance with P&P 10-400.
e. Officers should focus investigative efforts on the collection of video, DNA, and other trace evidence used for analysis to identify the perpetrator.
8. Reassure the victim that other evidence may still be identified and recovered even if they have bathed or made other physical changes.
9. Explain the reporting process and the availability of confidential victim advocates.
a. Provide the victim with contact information for the local victim advocate.
b. Upon victim request the officer can offer to contact local victim advocate on behalf of the victim.
10. Officers shall attempt to obtain a signed medical release from the victim.
11. Ensure that the victim knows they can go to any hospital for a sexual assault medical forensic medical exam. Offer to arrange for transportation for the victim, if practical.
12. Date rape drugs
"Date rape drugs" may be a contributing factor in cases of sexual assault.
a. Officers responding to a suspected sexual assault should take note of any of the following symptoms being displayed by the victim:
· A loss of memory or blackouts with minimum use of alcohol
· Severe drowsiness
· Difficulty in walking and other motor movements
· Slurred speech and impaired judgment
b. Symptoms similar to intoxication may indicate the use of date rape drugs.
c. All symptoms shall be documented in the report.
d. If the victim complains of any of the above symptoms or similar symptoms, they should be transported immediately for a Sexual Assault Resource Services (SARS) exam. When the victim arrives at the hospital for the SARS exam, the officer should immediately notify the hospital staff of the possible use of a "date rape drug."
e. Hospital staff will be responsible for drawing the needed blood or urine samples from the victim for later processing.
i. It should be noted that the body metabolizes most of these substances within 12 hours, so the samples must be drawn immediately.
ii. If possible, officers shall note the time of ingestion of the substance and the time of the sample draw in their reports.
f. If available, the samples should be collected along with the victim’s clothing and property inventoried by the officer. If circumstances do not allow the transfer of evidence at that time, the hospital may retain the samples or clothing for an investigator or Property and Evidence Unit personnel to pick up and inventory later.
B. Booking suspects
1. When a suspect is apprehended for sexual crimes, officers shall inventory all the suspect's clothing, including undergarments and personal effects. All items shall be packaged separately in paper containers and properly marked for identification.
2. In accordance with MN Statute section 629.73, officers shall complete a Criminal Sexual Assault Victim Notification form (located in the jail intake area) when booking a suspect for CSC (the statute requires that jail personnel notify victims of criminal sexual assaults prior to the release of the alleged suspect).
a. Officers shall be required to complete this form in full; including name, address and phone number of the victim.
3. If a suspect is arrested on a P.C. Pick-up, the officer shall be responsible for obtaining the victim's name, address and phone number for the Criminal Sexual Assault Victim Notification form.
a. Officers shall contact either the Records Information unit or Sex Crimes unit to obtain this victim information.
b. If the victim is a minor, the officer shall list the minor's parent or guardian as a contact person.
C. Victim interviews
1. The MPD recognizes that victims of sexual assault are best served through trauma informed interviewing techniques and strategies.
2. In recognizing the need for non-traditional interviewing skills for sexual assault victims, officers should consider doing the following:
a. Offer to have a confidential victim advocate present if the victim would benefit from additional support during the process.
b. Whenever possible, conduct victim interviews in person.
c. Make an effort to conduct the interview in a warm, welcoming environment.
d. Let the victim share the details at their own pace.
e. Recognize that victims of trauma may have difficulty remembering incidents in a linear fashion and may remember details in the days and weeks following the assaults.
f. After the initial interview, consider reaching out to the victim within a few days, after at least one sleep cycle, to ask if they remember any additional details.
g. Additional interviews might be needed to gather additional information. Offer support from a victim advocate to help facilitate engagement with the investigative process and healing.
3. During initial and subsequent victim interviews, officers should note the following information:
a. Whether the suspect was known to the victim.
b. How long the victim knew the suspect.
c. The circumstances of their meeting and if there is any indication of the use of drugs or alcohol to facilitate the sexual assault.
d. The extent of their previous or current relationship.
e. Any behavioral changes that led the situation from one based on consent to one of submission, coercion, fear, or force.
f. Specifics actions, statements or thoughts of both victim and suspect immediately prior to, during and after the assault.
g. Relevant communication through social media, email, text messages, or any other forms of communication.
D. Special considerations- minors, vulnerable adults, and family and household members
1. Minors and vulnerable adults
a. Officers should be alert for victims who would be best served by the use of specialized interview techniques. In making this determination officers should consider:
· the nature of the offense,
· the length of time since the assault,
· the victim’s physical, mental, and emotional state,
· the victim’s age, level of maturity, communication skills, cognitive and intellectual capacity, and
· any other observable factors that would indicate specialized interview techniques would be appropriate for the particular victim.
b. When an officer determines that a victim requires the use of specialized interview techniques, the officer should limit their actions to the following:
i. Ensuring the safety of the victim;
ii. Ensuring the scene is safe;
iii. Safeguarding evidence where appropriate;
iv. Collecting any information necessary to identify the suspect; and
v. Addressing the immediate medical needs of individuals at the scene.
c. Unless evidence or the investigation would be compromised, initial responding officers should not attempt to interview the victim in situations in which a minor or vulnerable adult is involved. Instead, officers should attempt to obtain basic information and facts about the situation, including the jurisdiction where the incident occurred and whether a crime most likely occurred. Officers should seek to obtain this information from parents, caregivers, the reporting party, or other adult witnesses, unless those individuals are believed to be the perpetrators.
d. Officers responding to victims with special considerations must comply with the mandated reporting requirements of MN Statute sections 626.556 and 626.557 and the Vulnerable Adult policy (P&P 7-344), where applicable.
e. Officers investigating cases involving victims with special considerations should coordinate these investigations with the appropriate local human services agency as required.
f. Any victim or witness interviews conducted with individuals having special considerations should be audio and video recorded whenever possible.
g. Not all sexual assaults of minor victims require a mandatory report to social services.
i. The MPD recognizes that in certain cases, notifying or involving parent or guardian can cause harm to the minor or impede the investigation.
ii. Officers responding to the sexual assault of a minor victim that does not trigger a mandated report under MN Statute section 626.556 should assess the potential impact on the victim and the investigation of notifying parents or guardians before deciding to involve them.
h. Officers should obtain necessary follow-up contact information for the victim’s caregiver, guardian or parents as well as how or where to locate the victim later.
i. Officers should advise the victim and any accompanying adults, guardians or caregivers that an investigating officer may follow up with information on a forensic interview.
j. The officer should advise the victim’s caregiver, guardian or parent that if the victim starts to talk about the incident they should listen to them but not question them as this may influence any future statements.
2. Victims of domestic abuse
Officers responding to a report of sexual assault committed against a family and household member shall also follow the Domestic Abuse policy (P&P 7-314) in addition to the guidelines in this policy.
E. Protecting victim rights
Officers should explain to victims the limitations of confidentiality in a criminal investigation and explain that the victim’s identifying information is not accessible to the public, in accordance with the MN Government Data Practices Act (specifically MN Statute section 13.82 Subd. 17b).
2. Crime victim rights
a. Officers shall provide the following information to the victim by providing them with the Victim Assistance Card (Blue Card), in accordance with P&P 4-608:
i. Crime victim rights and resource information required to be provided to all victims as specified by MN Statute section 611A.02 Subd. 2b.
ii. Crime victim rights and resource information required to be provided to domestic abuse victims as specified by MN Statute section 629.341 Subd. 3, if the suspect is a family or household member to the victim.
iii. The report or incident number, and contact information for the reporting officer or investigator handling the follow up.
b. Officers shall also notify the victim of their right to be informed of the status of a sexual assault examination kit upon request as in accordance with MN Statute section 611A.27 Subd. 1.
3. Language access
Officers shall provide language assistance when needed, in accordance with the Limited English Proficiency (LEP) policy (P&P 7-1001) and the Communicating with Deaf or Hard of Hearing Individuals policy (P&P 7-1002).
F. Considerations for evidence collection
1. If the victim chooses to participate in a medical forensic examination, the collection of evidence on or from the victim would occur during this examination.
2. Officers may attempt to collect evidence in addition to what might be collected through a forensic exam by doing the following:
a. Collect evidence regarding the environment in which the assault took place, including indications of isolation and soundproofing.
b. Document any evidence of threats or any communications made by the suspect, or made on behalf of the suspect, to include those made to individuals other than the victim.
c. In situations where it is suspected that drugs or alcohol may have facilitated the assault, officers should assess the scene for evidence such as drinking glasses, alcohol bottles or cans, or other related items.
3. If the victim has declined a medical forensic exam or one will otherwise not be conducted the officer should request victim consent, and once granted, should take photographs of visible physical injuries, including any healing or old injuries. The victim should be given directions about how to document any bruising or injury that becomes evident later after these photographs are taken.
G. Sexual assault medical forensic examinations
1. Prior to the sexual assault medical forensic examination, the officer should do the following:
a. Provide the victim with general information about the exam and encourage them to seek further detail and guidance from the forensic examiner, health care professional, or a victim advocate.
b. Ensure the victim understands the purpose of the sexual assault medical forensic exam and its importance to both their general health and wellness and to the investigation.
c. Instruct the victim not to wash, change clothes or clean the crime scene until evidence can be gathered.
d. Inform the victim that the sexual assault forensic medical exam is free and provide information about evidence collection, storage and preservation in sexual assault cases (P&P 10-400 and MN Statute section 299C.106).
e. Ask the victim for a signed release for access to medical records from the exam.
2. Officers should be aware that there might be additional treatments or medications that victims are entitled to and if necessary, officers should relay that to victims who do not want to undergo an exam or have evidence collected.
a. Victims can seek that information from a health care provider or a victim advocate.
b. If possible, officers should transport or arrange transportation for the victim to a hospital for the additional treatments or medications.
3. If the victim undergoes an exam, officers should make arrangements for the victim’s transportation home or to the Sex Crimes Unit after the exam.
4. Officers and investigators cannot deny a victim the opportunity to have an exam.
5. Officers should not be present during any part of the exam, including during the medical history.
H. Contacting and interviewing suspects
1. Prior to contacting the suspect, investigators should do the following:
a. Conduct a background and criminal history check specifically looking for accusations, criminal charges, and convictions for interconnected crimes, especially crimes involving violence.
b. Consider conducting a pretext or confrontational call or messaging.
i. Involvement of a victim in contacting suspects should be based on strong consideration of the victim’s emotional and physical state.
ii. A victim advocate should be present whenever possible to offer support.
2. When possible, investigators should attempt to interview the suspect in person.
3. In situations where suspects do not deny that a sexual act occurred, but rather assert that it was with the consent of the victim, officers should do the following:
a. Collect evidence of past communication, including but not limited to all relevant interaction (including through social media) between the suspect and victim.
b. Identify events that transpired prior to, during, and after the assault to help locate additional witnesses and physical locations that might lead to additional evidence.
I. Forensic examination and the collection of evidence from the suspect
1. Prior to or immediately after the preliminary suspect interview, the officer or investigator should photograph any injuries.
2. Officers and supervisors should communicate with Car 710, the Watch Commander or the Commander of the Special Crimes Investigation Division to determine whether a sexual assault medical forensic examination of the suspect should be conducted.
3. Officers and investigators are strongly encouraged to consider obtaining a search warrant, which should include specific details about what evidence will be collected, and which should include forensic evidence collection.
4. Investigators or Crime Lab personnel should do the following:
a. Collect biological and trace evidence from the suspect’s body;
b. Document information about the suspect’s clothing, appearance, scars, tattoos, piercings, and other identifiable marks;
c. Seize all clothing worn by the suspect during the assault, particularly any clothing touching the genital area;
d. Document the suspect’s relevant medical condition and injuries.
J. Role of the Supervisor
Supervisors should do the following:
1. Assist officers investigating incidents of sexual assault or if requested by an officer, when possible.
2. Provide guidance and direction as needed.
3. Review sexual assault reports to ensure that necessary steps were taken during initial response and investigations.
4. Contact Car 710, the Watch Commander or the Commander of the Special Crimes Investigation Division for further information or advice if needed.
K. Case Review/Case Summary
The Sex Crimes unit supervisor should ensure cases are reviewed on an on-going basis. The review process should include an analysis of:
· Case dispositions
· Decisions to collect evidence
· Submissions of evidence for lab testing
· Interviewing decision
7-350 EMERGENCY MEDICAL RESPONSE (06/18/18)
The purpose of this policy is to lay out the roles and responsibilities of MPD employees in MPD incidents involving a medical emergency.
A. MPD employees shall request emergency medical services (EMS) as soon as practical if any employee has come into contact with an individual having an acute medical crisis and any delay in treatment could potentially aggravate the severity of the medical crisis, or as otherwise required by policy.
1. While awaiting EMS, MPD employees assisting an individual having an acute medical crisis shall provide any necessary first aid consistent with MPD training, as soon as practical.
2. Naloxone (NARCAN) shall be administered only in accordance P&P 7-348.
B. MPD employees assisting individuals who are not in an acute medical crisis but may need medical attention shall offer EMS response, and shall document the offer and answer in a report, or if no report will be made via added remarks in CAD.
C. MPD employees shall not make any suggestions or requests regarding medical courses of action to be taken by any medical personnel. Determinations made by medical personnel regarding medical courses of action must be clearly made by medical personnel.
1. MPD employees shall provide medical personnel with any necessary information related to the subject’s observed or known conditions and behaviors, so the medical personnel can conduct a quick and accurate assessment and determine the best medical course of action.
2. MPD employees shall provide medical personnel the names of any MPD employees who provided first aid or assisted with a person’s care, so that notifications can be made to involved officers of possible exposure to any pathogens discovered through further medical examination.
D. MPD employees responding to incidents where EMS has already been requested shall not cancel EMS unless the employees determine that the call was unfounded or the subject is no longer at the scene.
E. MPD employees shall document in a report any assistance provided to medical personnel regarding the medical crisis, including actions taken by the employees, the effects of those actions on the subject, and the outcome of the situation. Any physical control applied by MPD personnel should be reported in accordance with the P&P 5-306 Use of Force- Reporting and Post-Incident Requirements.
F. Arrest or detention of individuals receiving treatment under this policy shall also be in accordance P&P 9-108 (Arrest or Detention of Injured Adults).
Last updated May 8, 2020