TO PROTECT WITH COURAGE

TO SERVE WITH COMPASSION

7-800 Tactical Response

7‑801          PROCEDURES FOR OPERATION 100 (11/08/01) (05/03/13)

  1. The primary responsibility in all tactical situations is to prevent the loss of human life and to contain the threat. Whenever possible, efforts will be directed towards peaceful resolution. (05/03/13).
  2. Officers confronting a sniper, armed, barricaded person or hostage situation shall first provide for their own safety and the safety of others. If the situation has turned into an active shooter scenario, responding personnel shall act in accordance with the Active Shooter policy (see section 7-904). (11/08/01) (05/03/13)
  3. In situations where an Operation 100 may be necessary, the on-scene supervisor shall contact the Watch Commander via MECC.   (05/03/13)

a.      If the Watch Commander concurs that an Operation 100 may be necessary, the Watch Commander shall contact the SWAT Commander or Executive Officer (XO) via MECC. (05/03/13)
b.      If no Watch Commander is on duty, the on-scene supervisor shall contact the SWAT Commander or Executive Officer (XO) via MECC. (05/03/13)

  1. If the SWAT Commander concurs that an Operation 100 is necessary, the SWAT Commander shall immediately notify MECC and the Deputy Chief of Patrol that an Operation 100 will be called. (05/03/13)
  2. The SWAT supervisor, upon arrival at the scene, will assume command with complete authority and responsibility of the tactical operation. (11/06/07)
  3. Overall incident command is the responsibility of the on-duty Watch Commander or non-SWAT supervisor. Incident command responsibility may include managing the media, perimeter, crowd control, non-SWAT logistics and equipment needs. (11/08/01) (11/06/07)
  4. The on‑duty Watch Commander shall report to the incident staging area and assist at the command post with expediting and coordinating assistance from within the MPD and other public and/or private agencies. The Watch Commander will continue to have citywide responsibilities and authority. 
  5. Tactical decisions in Operation 100’s shall be made by a member of SWAT. Watch Commanders may assume tactical command only if they are a SWAT supervisor or circumstances necessitate removing tactical command from the SWAT supervisor. Reasons for removing tactical command from SWAT supervisor shall be documented to the Chief of Police. (11/06/07)
  6. MECC will activate the PDVIP page notifications. (05/03/13)

7-802           DESIGNATING A SWAT FIELD COMMAND POST (11/06/07) (05/03/13)

It is the responsibility of the SWAT supervisor or the Mobile Command One supervisor (whoever arrives first), or their designee, to coordinate with the Patrol Supervisor the location of the SWAT Field Command Post area. 

When selecting the SWAT Field Command Post area, the area should be: (05/03/13)

REMEMBER: When selecting a SWAT Field Command Post area it is best to select a larger area than may be needed and scale it back, rather than an area which is too small. (05/03/13)

These areas shall be cordoned off and secured with green Tactical Staging Area scene tape and blue Command Post scene tape. The Tactical Command Post Area will have a designated point of entry to the tactical area. All tactical and Bomb Squad personnel shall enter and exit the scene at the designated point of entry, sign in with logistics, and wait for assignment within the confines of the Tactical Staging Area, designated with the green Staging Area scene tape.

Police personnel not assigned in some capacity to SWAT (Command, Tactical, Negotiations, or Mobile Command One) or Bomb Squad shall not enter the Command Post area or Mobile Command One without receiving entry from the Tactical Commander or their designee.

Blue Command Post Scene Tape:
Mobile Command One personnel will maintain rolls of blue Command Post scene tape. The blue tape will be placed around the designated area around the Tactical Command Post portion(s) of the scene that will accommodate Mobile Command One and the SWAT Negotiators vehicle. Only SWAT and Bomb Squad personnel will be allowed to cross the blue tape. Blue tape usage will be at the discretion of SWAT Command Staff or Mobile Command One personnel. Once the Operation 100 is complete, Mobile Command One personnel will remove the blue tape.

Green Tactical Staging Area Scene Tape:
Mobile Command One personnel will maintain rolls of green Staging Area scene tape. The green tape will be placed around the designated Tactical Staging Area within the Tactical Command Post portion(s) of the scene. The Staging Area should be large enough to accommodate the staging and deployment of 50 SWAT and Bomb Squad personnel. Only SWAT and Bomb Squad personnel shall be allowed to cross the green tape. Green tape usage will be at the discretion of SWAT Command Staff or Mobile Command One personnel. Once the Operation 100 is complete, Mobile Command One personnel will remove the green tape.

7-803 BOMB THREATS (12/01/08)

(B-D)

Officers responding to a bomb threat shall advise the person in-charge (contact person) of the involved business or building, that it is their decision to evacuate. If asked for a recommendation, officers shall advise that in all instances of bomb threats the Minneapolis Police Department recommends an evacuation of the building, and a search of the building by employees/staff (on a voluntary basis) to look for suspicious item(s).

Prior to the search being conducted officers shall also advise the contact person:

  1. Not to use portable radios or cell phones while conducting the search;
  2. Not to handle any suspicious item(s);
  3. If a suspicious item is discovered immediately evacuate the area and call 911.

All requests for building searches utilizing MPD employees and/or canines to look for suspicious packages or suspected explosives must be approved by the Bomb Squad supervisor, in advance.

Responding officers shall complete a CAPRS report. Bomb threats should be coded BOMBT. If a suspicious package or suspected explosive is discovered subsequent to the bomb threat, CAPRS code BOMB shall be used in addition to BOMBT.

7-804 SUSPICIOUS PACKAGES, EXPLOSIVES, SUSPECTED EXPLOSIVE PACKAGES AND EXPLOSIONS (12/01/08)

(B-D)

Sworn personnel should be aware of the potential for secondary devices and other potential hazards when responding to any scene involving a:

Sworn personnel shall not handle or open any device, or utilize a canine to survey any suspicious package. Responding officers shall establish a perimeter and evacuate all persons (including EMS personnel) to a minimum distance of 500 feet. Portable radios and cell phones shall not be used in the immediate vicinity of the suspected threat. Only personnel assigned to the Bomb Squad shall cross the established perimeter.

Officers shall complete a CAPRS report coded BOMB.

7-805          CIVIL DISTURBANCES
(04/20/01) (06/16/20)

(B-C)

A.    MPD personnel will not interfere with lawful protests or demonstrations.

1.      Unless a crime has been committed, officers are responsible only for keeping the peace at civil disturbances.

2.      If a citizen’s arrest is made, officers are required to accept the prisoner unless it appears that the arrest is unlawful.

B.     Officers responding to large-scale disturbances, or those that are likely to become violent, shall notify their supervisor. The responding supervisor shall assume incident command and determine the need for additional assistance, equipment, and tactics to be used.

1.      The responding supervisor will inform the Watch Commander, who shall contact MECC with information of the situation. MECC shall contact the Chief of Police and the appropriate Bureau Head, with information of the situation.

2.      The first level of additional assistance shall be precinct officers and designated response cars. The supervisor or on-scene incident commander shall establish a field command post with a designated staging area. The incident commander shall designate officers for security details for police vehicles and equipment.

3.      The incident commander may activate the Emergency Response Unit (ERU) in order to provide additional demonstration management resources. Upon activation, the ERU will be deployed and directed by the ERU commander in consultation with the incident commander.

4.      The incident commander shall be in charge of the incident as a whole, however, the ERU commander shall direct the specific actions of ERU members once they have been activated, consistent with the mission outlined by the incident commander.

C.  During protests and demonstrations, use of all crowd control weapons must be authorized only by the Chief of Police, or if the Chief is unavailable, the Chief's designee at the rank of Deputy Chief or above (in accordance with P&P 5-312). 
 

7-806 CANINE (K9) UNIT

(A)

The Canine Unit will be available on a 24 hour basis. K9 personnel will perform regular police duties between calls for assistance from other officers.

Requests for canine assistance shall be made by officers in charge of a scene via MECC. The situation shall be explained to the canine officer and area secured of all personnel to preserve evidence and scent.

Requests for canine assistance by outside agencies will be referred to an on duty canine supervisor or senior canine officer in the canine supervisor is not available. The agencies will be advised of Department policies and procedures, and that there is a fee for canine use outside Hennepin County and St. Paul. The canine officer will make a written report of the incident. (05/21/96)

7-807 AUTHORIZED USE OF CANINES

(A-B)

The following situations are authorized for use of Minneapolis Police Department canines and personnel:

7-808 INJURED CANINE HANDLER

(A)

If a handler is injured and unable to call the dog, the officers should follow the following procedure:

7-809          CRISIS INTERVENTION (06/22/01) (12/28/06) (11/06/07) (10/25/18) (03/01/19) (04/01/19)

I.             PURPOSE

Sanctity of life, officer safety and the protection of the public shall be the principles of the Minneapolis Police Department’s (MPD) crisis intervention response policies and procedures. 

The purpose of this policy is to provide all sworn MPD employees with clear and consistent policies and procedures regarding interaction with individuals who are suffering from a crisis by:

·         Improving the safety of officers and the Minneapolis community,

·         Promoting community solutions to assist individuals in crisis, and

·         Diverting those individuals away from the criminal justice system.

II.          DEFINITIONS

Crisis: An event or situation where an individual’s safety and health are threatened by behavioral health challenges, to include mental illness, developmental disabilities, substance use, or overwhelming stressors. A crisis can involve an individual’s perception or experience of an event or situation as an intolerable difficulty that exceeds the individual’s current resources and coping mechanisms and may include unusual stress in his/her life that renders him/her unable to function as he/she normally would. The crisis may, but not necessarily, result in an upward trajectory or intensity culminating in thoughts or acts that are possibly dangerous to himself/herself and/or others.

Crisis Intervention: An attempt by an MPD officer to de-escalate an individual in crisis or refer or divert the individual to other services when appropriate.

Crisis Intervention Coordinator: An officer of the MPD who is responsible for the Crisis Intervention Program. The Crisis Intervention Coordinator is the point of contact between mental health and crisis intervention issues involving the MPD and the community, including crisis intervention training, reporting and policies. The Crisis Intervention Coordinator will maintain continuous working relationships with all community partners, with specific emphasis on mental health and advocacy partnerships.

Crisis Intervention Data Collection Form: A data collection form that gathers required crisis intervention information for the MPD to track and assess gaps in crisis intervention responses and training.

Crisis Intervention Program: A partnership program between police, mental health agencies, advocates, and the community that seeks to achieve the common goals of safety, understanding, and service to individuals in crisis, those suffering from mental health issues and their families. The goals of the Crisis Intervention Program are to:

·         Improve the safety and security of officers, individual in crisis, their family, and community members.

·         Improve the quality of life for people suffering from mental illness or crisis.

·         Change how society and systems view individuals suffering from mental illness or crisis.

·         Change how healthcare and criminal justice systems respond to individuals suffering from mental illness or crisis.

Crisis Intervention Trained Officer: A licensed peace officer of the MPD who has completed the MPD’s approved crisis intervention training. Crisis Intervention Trained Officers work in cooperation with community partners, mental health facilities and organizations.

Developmental Disability: A physical, cognitive, or emotional impairment often caused by a neurodevelopmental disorder such as cerebral palsy or autism spectrum disorder that results in a person’s limited functions in areas such as self-care, language, learning, mobility, self-direction, comprehension, or capacity for independent living and economic self-sufficiency.

Emotionally Disturbed Person (EDP): The nature code for a person experiencing a crisis event or situation (as defined in this policy). 

Mental Illness: “An organic disorder of the brain or a clinically significant disorder of thought, mood, perception, orientation, memory, or behavior that is detailed in a diagnostic codes list published by the commissioner, and that seriously limits a person's capacity to function in primary aspects of daily living such as personal relations, living arrangements, work, and recreation” (MN Statute Section 245.462, Subd. 20). Mental illness conditions may be characterized by impairment of an individual’s normal cognitive, emotional, or behavioral functioning, and caused by social, psychological, biochemical, genetic, or other factors.

III.       POLICY

A.    The MPD shall handle encounters with individuals in crisis in a manner that reflects the values of protection, safety and sanctity of life, while promoting the dignity of all people. Individuals in crisis may require heightened sensitivity and additional special consideration.

B.     When safe and feasible, officers shall attempt to slow down or stabilize the situation so that more time, options and resources are available (in accordance with P&P 5-304).

C.    It is the policy of the MPD to handle incidents involving mentally ill, chemically dependent or developmentally disabled persons and those in crisis, with care and expertise, ensuring that such persons receive appropriate responses based on their needs.

IV.       PROCEDURES/REGULATIONS

A.    Crisis Intervention Response

1.      A Crisis Intervention Trained Officer will be dispatched to incidents involving persons in crisis who are believed to be mentally ill or developmentally disabled.

a.       Minneapolis Emergency Communications Center (MECC) will dispatch the nearest available squad for all police calls for service involving persons in crisis or mentally/developmentally ill individuals.

b.      If officers who are dispatched or responding to an Emotionally Disturbed Person (EDP) call have not received Crisis Intervention training, the officers shall notify dispatch of the need for a Crisis Intervention Trained Officer to respond.  

2.      When practical, officers should inform the individual and their family (if on-scene) of the steps being taken while assisting the individual to a treatment facility, making referrals, or making an arrest, including providing information such as contact numbers and the reasons for the actions being taken.

3.      Juveniles in Crisis

Officers responding to an EDP call who find that a juvenile is in need of psychiatric care (whether or not under arrest) may contact the Hennepin County’s 24/7 Mobile Mental Health Child Crisis Services (612-348-2233) for assistance. 

B.     Emergency Admission Procedures and Transport Holds 

1.      In accordance with MN Statute section 253B.05, subd. 2, a peace or health officer may take into custody an individual believed to be mentally ill, chemically dependent or developmentally disabled, if the facts and circumstances and reasonably trustworthy information are sufficient to warrant a prudent person in believing that the individual is in danger of injuring self or others if not immediately detained. Officers attempting to use the powers granted by this law shall be familiar with its requirements.

a.       The police officer’s statement shall specify the facts to substantiate why the officer has reason to believe the individual:

i.        to be mentally ill, chemically dependent or developmentally disabled and

ii.      in danger of injuring self or others if not immediately detained.

iii.    Both elements are required to take an individual into custody under this updated policy and procedure.

b.      The peace or health officer does not need to directly observe the behavior or other facts upon which the transportation hold is based and may consider information from other reliable and reasonably trustworthy sources. The sources can be based on the statements of the person, witnesses, family members, or on the physical scene itself. Anonymous tips must be corroborated through direct observation or identifiable, reliable sources. 

c.       The police officer shall complete the Application by Peace Officer for Emergency Evaluation Form (MP-9094), also known as the MPD “transport hold” form, when taking a person into custody under MN Statute section 253B.05 subd. 2 and transporting the person to a health care facility for evaluation.

i.        The form can be found on City Talk under Forms.

ii.      The form can be completed online but must be printed for distribution.

iii.    The police officer completing the form shall provide a copy of the completed form to:

·         the health care facility,

·         the person taken into custody and

·         to the transporting agency, if the person is not transported by the police officer.

d.      The transport hold allows the person to be transported to a hospital and held until they are evaluated. After the evaluation, the hospital may release the person or place them under a 72-hour hold.

i.        When a police officer responds to a health officer’s call to assist in transporting a person, the health officer should identify themselves to the police officers as qualified under the statute to write a transport hold.

ii.      If the transport hold order is written by a health officer (on or off-site) and presented to a police officer, the police officer shall assist in executing the transport hold.

iii.    Officers also have the authority to sign a transport hold, based on the factors set out above.

2.      In accordance with MN Statute section 253B.02, subd. 9, a health officer is defined as one of the following:

·         a licensed physician;

·         a licensed psychologist;

·         a licensed social worker;

·         a registered nurse working in an emergency room of a hospital;

·         a psychiatric or public health nurse;

·         an advanced practice registered nurse (APRN);

·         a mobile crisis intervention mental health professional; or

·         a formally designated member of a prepetition screening unit. 

3.      Transportation for Emergency Admission

a.       Any necessary transportation for emergency admission shall be to a health care facility (e.g. HCMC, Fairview Riverside, NMMC or Abbott).

b.      All searches of an individual taken into custody and transported shall be in accordance with the Search and Seizure policy (P&P 9-201).

c.       Officers are advised to request an ambulance to transport a combative person to the hospital.

i.        An officer shall ride in the ambulance during the transport of the combative person.

d.      If the individual to be transported is a juvenile, officers shall make a reasonable attempt to notify the parent or guardian as soon as practical.

e.        In the event a dispute arises regarding the MPD’s Transporting for Emergency Admission section, a Supervisor will be called to the scene.

C.     Persons in Crisis Who Require Medical Attention or Transport

1.      Officers shall call EMS and render first aid in accordance with P&P 7-350 Emergency Medical Response.

2.      If an individual in crisis requires a transport but is unable to walk due to a medical or physical condition or other circumstances, officers shall call EMS to transport the individual to the medical facility.

D.     Handcuffing Persons in Crisis

1.      Officers shall use extreme caution when taking a person in crisis into custody and shall use handcuffs when the person is not restrained by other means (in accordance with P&P 9-109)

2.      When safe and feasible, use of handcuffs shall be explained to the individual being handcuffed and to the parent/family member (if present) in a tactful manner, using age-appropriate language for minors.

3.      Once the individual in crisis is calm, under control and handcuffed, officers shall keep the individual under constant observation while in custody, and shall continue with de-escalation techniques as necessary.

E.     Reporting Procedures

Officers responding to any incident involving a person in crisis shall comply with the following reporting requirements:

1.      Reporting Transportation for Emergency Admission

a.       When an individual is transported by MPD, whether voluntarily or involuntarily, the transporting officer(s) shall complete a report titled CIC.

b.      When MPD is the primary responding agency and determines that a transport by ambulance is necessary, the officer(s) shall complete a report titled CIC.

c.       When MPD is not the primary responding agency, and an individual is transported by ambulance, the officer(s) shall request that MECC change the nature code to EDP prior to clearing the call.

2.      Citation or Arrest

When a person in crisis is cited and released or arrested for an offense, the arresting officer shall complete the report.

3.      Nature Code

If an original incident (e.g. CKWEL, SUSPP, DIST) is later determined to be an EDP incident, officers shall request that MECC change the nature code to EDP prior to clearing the call.

4.      Report

When a report is required, officers completing the report shall:

a.       Use CIC as the primary code or include CIC as an additional code when CIC is involved but not the primary code.

b.      Avoid references to the mental health of a person in any report synopsis available for public disclosure. All such information shall be documented in the narrative section.

5.      Crisis Intervention Data Collection Form

a.       When the nature code of a call is EDP, the primary squad handling the call shall complete the Crisis Intervention Data Collection form in MDC prior to clearing. This form does not replace any required reports.

b.      Questions regarding the Crisis Intervention Data Collection form should be directed to the Crisis Intervention Coordinator.

F.      Early release from a Transport hold or 72-hour hold

If a treatment facility releases a person from a transport hold placed by MPD officers or a 72-hour hold placed by the treatment facility, before the hold period expires, all related notifications from the facility shall be forwarded to the Strategic Information Center (SIC) unit for review who will determine if any further actions are necessary (e.g. ALLPM MDC, Address alert, KOPS, DIB). If the notification occurs when the SIC unit is closed, an on-duty supervisor in the precinct where the call originally occurred shall review the case and make the determination regarding further actions.

G.    Referral Options

1.      Referral options for behavioral health and social service agencies, veteran and homeless resources, child and adolescent services, and hospital systems are provided on CityTalk under Crisis Intervention Resources.

2.      If an officer learns of a new agency that can be used as a resource, the officer should notify the Crisis Intervention Coordinator via e-mail and include the agency name, address and phone number as well as the resources that can be provided. The Crisis Intervention Coordinator will add this information to the Crisis Intervention Resources.

 

7-810          CRITICAL INCIDENTS

(09/21/07) (04/21/09) (07/21/16) (06/30/20)

I.             PURPOSE

A.    The MPD and its employees understand that the performance of law enforcement duties is inherently demanding and that certain situations create a significant risk of physical and emotional harm to the officer. It is therefore important to the department to develop standards and procedures for responding to Critical Incidents that ensure the safety and well-being of its employees and that provide a means by which employees may seek assistance in dealing with the effects of critical or traumatic events.

B.     This policy shall be administered in a manner that is consistent with the department's desire to treat affected employees with dignity and respect under such circumstances and to provide information and assistance to them concerning their involvement in critical/traumatic events, their recovery, and their return to duty.

C.    The department also recognizes that having established standards and procedures for responding to Critical Incidents is necessary to facilitate the prosecution of suspects, and to give the public a sense of safety and to promote public confidence in the department’s response to Critical Incidents.

D.    It is the purpose of this policy to establish investigative and administrative procedures that ensure the safety and well-being of officers while promoting public safety and confidence at Critical Incidents.

II.          DEFINITIONS

Critical Incident: An incident involving any of the following situations occurring in the line of duty:

·         The use of Deadly Force by or against a Minneapolis Police Officer

·         Death or Great Bodily Harm to an officer

·         Death or Great Bodily Harm to a person who is in the custody or control of an officer

·         Any action by an officer that causes or is intended to cause Death or Great Bodily Harm

Great bodily harm: Bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.

Investigation:

Administrative Investigating Entity: The Minneapolis Police Department Internal Affairs unit (IAU), unless otherwise designated by the Chief of Police or their designee. The Administrative Investigating Entity is responsible for the administrative investigation of the Critical Incident which includes checking for adherence to policy, and identifying policy failures, tactical and training issues, and potential civil liability issues.

Chief’s Proxy: The Commander of the Internal Affairs unit or their designee at the scene, acting on behalf of the Chief of Police, who has ultimate authority to intervene in the criminal and administrative investigations and direct the activity of all MPD personnel to protect the integrity of the investigations.

Criminal Investigating Entity: The Minneapolis Police Department Homicide unit, unless otherwise designated by the Chief of Police or their designee. The Criminal Investigating Entity is responsible for the criminal investigation of the Critical Incident.

Investigators: All persons from the MPD Homicide unit and Internal Affairs unit who are conducting an investigation of the Critical Incident, unless other Criminal Investigating and Administrative Investigating Entities have been designated by the Chief of Police or their designee.

Lead Investigator: The Investigator in charge of the criminal investigation or their designee at the scene. The Lead Investigator shall be from the MPD Homicide unit, unless otherwise designated.

Headquarters- Investigative: The MPD Homicide Office or such other location designated by the Lead Investigator, at which Witness Officers gather immediately following a critical incident for purposes of meeting with legal counsel, Police Assistance Program (PAP) personnel, talking to investigators, and surrendering firearms or other equipment as deemed necessary.

Headquarters-Involved Officer’s Room: The location designated by the Lead Investigator at which Involved Officers gather immediately following a critical incident for purposes of relaxing, meeting with legal counsel, Police Chaplin, Police Assistance Program personnel, talking to investigators, and surrendering firearms or other equipment as deemed necessary.

Mental Health Professional (MHP): A psychiatrist, psychologist or Police Assistance Program (PAP) contract consultant who is on the Federation and City’s approved list to meet with officers involved in Critical Incidents. The Police Assistance Program (PAP) representative maintains the list.

Officers:

Escort: An officer assigned by the Incident Commander at the scene to stay with an Involved Officer and any Witness Officers until relieved by Investigators. Whenever possible, Escorts assigned to Involved Officers shall be of the rank sergeant or above.

Incident Commander: The MPD patrol supervisor at the scene who has taken command and control of the scene.

Involved Officer: An officer who appears to have engaged in conduct constituting a Critical Incident.

Witness Officer: An officer who witnesses a Critical Incident, but did not engage in any conduct constituting a Critical Incident.

Reports and Statements:

Police Report: A report or statement in a report that sets forth the officer’s account of an incident and is entered into the MPD’s Records Management System.

Public Safety Statement: A mandatory statement from the Involved Officers which provides information necessary to ensure public safety. This may include questions about the direction in which the Involved Officer fired their firearm, injured people, location of dangerous weapons or information on any suspects still at large and any other information necessary to facilitate the commencement of the investigation.

Voluntary Statement: A statement given by Involved or Witness Officers to Investigations Bureau Investigators which is voluntary and outlines details associated with the Critical Incident. Voluntary statements from officers are essential for bringing criminal charges against suspects, defending officers, and maintaining community trust by providing the Chief of Police with sufficient information to appropriately address community concerns. Voluntary statements will be taken in question and answer (Q&A) format.

III.       POLICY

A.    Report Timing

Involved and Witness Officers shall complete their Police Reports, or statements in the Police Report, as soon as practical, unless the Chief has relieved the Officer of the obligation. Any authorization to relieve the Officer of the obligation must come from the Chief.

B.     Police Reports and review of audio or visual data

To capture and document the Officers’ perceptions and recollections uninfluenced by outside sources, Involved and Witness Officers shall not review audio or visual data prior to completing their Police Reports, or statements in the Police Report, and shall not review such data afterward without the Chief’s authorization.

IV.       PROCEDURES

A.    On-Scene Procedures

1.      Notification of a Critical Incident

a.       As soon as a Critical Incident occurs, a Witness or Involved Officer shall immediately notify their supervisor and the MECC dispatcher that a Critical Incident has occurred.

b.      MECC shall immediately send out a text message pursuant to MECC protocol and notify the Watch Commander.

2.      Incident Commander’s Duties

The Incident Commander shall:

a.       Announce on-air that they are the Incident Commander.

b.      Make sure the scene is safe.

c.       Render first aid if necessary.

d.      Set up crime scene boundaries and keep the crime scene secure.

e.       Determine the identity of Involved  and Witness Officers.

f.        Determine the identity of Witness Officers.

g.      Take a Public Safety Statement from Involved Officers.

h.      Assign Escort Officers to Involved and Witness Officers.

i.        Keep the Involved and Witness Officers separated from each other.

j.        Identify civilian witnesses and keep them separate from each other.

k.      Designate an officer to complete the Police Report.

l.        Protect the quality and integrity of audio and visual data by ensuring MVR recordings are not played or reviewed in squad cars and BWC data are not reviewed prior to collection by Crime Lab Unit personnel.

m.    Remain on the scene to meet with and brief Investigators upon their arrival at the scene. Identify all Involved Officers, Witness Officers, other witnesses, and other known evidence at the scene for the Investigators.

3.      Public Safety Statements

a.       The Incident Commander shall ask the Witness and Involved Officers questions to:

i.        Determine the direction of fire to locate anyone who may be injured.
 

ii.      Determine the location of any known firearms or dangerous weapons.
 

iii.    Determine if there are any outstanding suspects, their description, direction of travel, vehicle, weapons they possess and crimes they have committed.
 

iv.    Provide details to enable the primary responders or investigators to secure the scene.
 

v.      Facilitate the commencement of the investigation.
 

vi.    Allow for officer or civilian safety at the scene.
 

b.      Due to the immediate need to take action, the officer does not have the right to wait for representation before answering the limited Public Safety questions.

4.      Scene Investigation

a.       MPD Homicide unit Investigators and Internal Affairs Investigators shall have equal access to the scene and should jointly view the scene and any evidence at the scene.

b.      MPD Crime Lab personnel shall collect identified evidence at the direction of Investigations Bureau and Internal Affairs Investigators, including MVR recordings from all squads at the Critical Incident scene (in accordance with P&P 4-218) and Body Worn Camera data (in accordance with P&P 4-223).

c.       All Investigators at the crime scene shall complete a statement in the Police Report.

B.     Procedures for Involved and Witness Officers

1.      Supporting Officers following a Critical Incident

Officers involved in Critical Incidents, whether Witness or Involved Officers, can be profoundly affected by the incident. How a Witness or Involved Officer is treated during the time following a critical incident can minimize or aggravate the psychological effect on them. Therefore, first and foremost, anyone dealing with a Witness or Involved Officer should keep in mind the following guiding principles at all times:

·         Be sensitive to individual officer needs. Physical contact with the officer must be evaluated on an individual basis. Often officers feel overwhelmed by people wanting to console them. Before attempting to speak with an officer, please ask the Escort attending to the officer to inquire if the officer would like to meet with you. If the officer declines to meet with any particular person, please honor their decision.

·         Because Witness or Involved Officers can be profoundly affected by Critical Incidents, they should not be left alone or ignored.

·         Avoid making the officers feel like a suspect.

2.      Managing Involved Officers

a.       Involved Officers at the scene

i.        The MPD Incident Commander shall determine which officers are Involved Officers. The Incident Commander at the scene shall promptly assign an Escort to stay with each Involved Officer until relieved by a Homicide Investigator. One Escort shall be assigned for each Involved Officer. Whenever possible, Escorts assigned to Involved Officers shall be of the rank sergeant or above and shall not be the Incident Commander.

ii.      Involved Officers shall not talk to anyone at the scene about the incident, except to the Incident Commander, Lead Investigator or legal counsel and to provide a Public Safety Statement to the Incident Commander.

iii.    The Involved Officers shall not be unreasonably denied access to legal counsel at the scene.

iv.    As soon as practical, the Escorts shall take the Involved Officers from the scene to the designated drug and alcohol testing collection site in accordance with P&P 3-1001. After test samples are obtained, the Escorts shall transport the Involved Officers to Headquarters-Involved Officer’s Room.

v.      Escorts shall keep the Involved Officers separate from other Involved and Witness Officers.

vi.    Unless a supervisor has a reason to believe that the officer may pose a threat to self or to others, or unless directed by the Investigators, the Involved Officers’ firearm should not be taken at the scene.

vii.  Involved Officers should not be placed in the back seat of a police vehicle.

b.      At Headquarters- Involved Officer’s Room

i.        If Involved Officers request, they shall not be unreasonably denied access to:

·         Food and drink

·         Restroom facilities

·         Telephone to contact loved ones

·         A representative from the Federation or other legal counsel

·         A representative from the MPD Employee Resource Program or the responding peer support team member

·         A Community Chaplain or other clergy

ii.      If requested by Investigators, Involved Officers shall make themselves available for a firearms inspection and shall surrender their firearm and any other requested equipment to the Investigators. Homicide Investigators will take custody of the Involved Officer’s firearm, place it in a paper bag, and put it in the evidence locker in Investigative Headquarters if Crime Lab personnel are unavailable to take immediate custody of the weapon. The evidence locker will be locked immediately after the firearms are placed inside. Crime Lab personnel will remove the officer’s handgun from the locker and process in accordance with P&P 10-400.

iii.    Involved Officers shall be provided with replacement firearms and equipment as soon as reasonably possible.

iv.    Involved Officers shall be allowed a reasonable opportunity to consult with Federation representatives, legal counsel, Community Chaplain or other clergy, and MPD Employee Resource Program personnel.

v.      After consultation with legal counsel, the Involved Officers or legal counsel will inform the Lead Investigator or designee if the Involved Officers are willing to give a Voluntary Statement.

aa.   Voluntary Statements should be given as soon as possible, but in all cases within 48 hours of the Critical Incident to ensure the continuity of the investigation unless the involved officer is not able to do so.

ab.   Involved Officers’ statements shall be given at Investigative Headquarters or such other location chosen by the Lead Investigator. All statements from involved officers will be taken in question and answer (Q&A) format.

c.       Administrative Leave

i.        Involved Officers shall be placed on a mandatory paid administrative leave for a minimum of three calendar days and a maximum of seven calendar days following the Critical Incident unless otherwise requested by the officer and approved by the Chief or the Chief’s designee. Such administrative leave does not relieve the Officer of the requirements of this policy.

ii.      An officer shall not work a uniformed off-duty job or buyback while on Administrative Leave (in accordance with P&P 3-800). An officer may work an approved non-uniform, non law-enforcement off-duty job while on a “pending investigation” administrative leave at the sole discretion of the Chief or their designee.

d.      After Incident Care for Involved Officers

i.        Peer Debriefing

All Involved Officers may take part in a group peer debriefing facilitated by the MPD Employee Resource Program or other Mental Health Professional and after care as necessary.

ii.      Psychological Debriefing

All Involved Officers shall be required to meet with a Mental Health Professional selected by the officer from the approved list.

aa.   Such meeting or meetings shall be considered on-duty time, and the City shall pay the fees of the Mental Health Professional as stated in the Collective Bargaining Agreement.

ab.   If, after consultation, the Mental Health Professional renders an opinion that the Involved Officer is not yet fit for duty, the Involved Officer shall be placed on Injured on Duty (“IOD”) status, pursuant to Minneapolis Civil Service Rule 15.19(A). If the Mental Health Professional determines that the officer is not able to return to work in any capacity after the officer has exhausted IOD benefits, the officer may continue to be eligible for paid time off pursuant to MN Statute section 299A.411 and applicable provisions of the Labor Agreement and other Civil Service Rules.

ac.   Any disputes concerning the officer’s ability to return to work shall be resolved in accordance with the Collective Bargaining Agreement.

ad.   A return to duty determination and documentation will be presented to the Chief of Police by the Mental Health Professional prior to the Involved Officer being returned to duty.

3.      Managing Witness Officers

a.       Witness Officers at the scene

i.        The Incident Commander shall determine which officers are Witness Officers. As soon as possible, the Incident Commander shall assign an Escort to each Witness Officer. If possible, one Escort shall be assigned to each Witness Officer. Witness Officers shall be separated from each other and other witnesses and shall not talk to anyone at the scene about the incident other than the Incident Commander, Lead Investigator or legal counsel and to provide a Public Safety Statement.

ii.      The Witness Officers shall be allowed a reasonable opportunity to consult with legal counsel at the scene.

iii.    As quickly as possible after the Public Safety Statement, Witness Officers will be released from the scene by the Lead Investigator and advised to proceed to Investigative Headquarters. The Lead Investigator will inform the Incident Commander of any officers released from the scene. Witness Officers shall be advised that they are to wait at Investigative Headquarters for an opportunity to meet with legal counsel, a Community Chaplain or other clergy, or MPD Employee Resource Program personnel.

b.      Witness Officers at the Investigative Headquarters

i.        Witness Officers shall be afforded an opportunity to meet with a Community Chaplain or other clergy, the responding MPD Employee Resource Program representative and to consult with legal counsel or Federation representatives.

ii.      After such consultations, statements from Witness Officers are to be taken by Homicide Investigators prior to the officers being released from duty unless otherwise directed by Homicide Investigators. All statements by Witness Officers will be taken in a question and answer (Q & A) format.

iii.    If requested by Investigators, Witness Officers shall make themselves available for a firearms inspection and shall surrender their firearm and any other requested equipment to them. Homicide Investigators will take custody of the Witness Officer’s firearm, place it in a paper bag, and put it in the evidence locker in Investigative Headquarters if Crime Lab personnel are unavailable to take immediate custody of the weapon. The evidence locker will be locked immediately after the firearms are placed inside. Crime Lab Personnel will remove the officer’s handgun from the locker and process (in accordance with P&P 10-400).

iv.    Witness Officers shall be provided with replacement firearms and equipment as soon as reasonably possible.

c.       Administrative Leave

i.        A Witness Officer may request to be placed on paid administrative leave for up to three calendar days following the Critical Incident. The decision to grant the request shall be made at the sole discretion of the Chief or their designee. The decision on whether to grant paid administrative leave shall be promptly communicated to the Witness Officer by their commander or the commander's designee. Such administrative leave does not relieve the Officer of the requirements of this policy.

ii.      If an officer is granted a paid leave, the officer shall not work a uniformed off-duty job or Buy Back while on Administrative Leave. An officer may work an approved non-uniform, non law-enforcement off-duty job while on a “pending investigation” administrative leave at the sole discretion of the Chief or their designee.

d.      After Incident Care for Witness Officers

i.        Peer Debriefing

All Witness Officers shall take part in a group peer debriefing facilitated by the MPD Employee Resource Program representative or other designated Mental Health Professional and shall take part in any after-care, if appropriate.

ii.      Psychological Debriefing

aa.   Witness officers granted a paid leave shall be required to meet with a Mental Health Professional selected by the officer from the approved list.

ab.   Witness officers not on a paid leave shall be encouraged and allowed to meet with the Mental Health Professional selected by the officer from the approved list. Such meeting or meetings shall be considered on-duty time, and the City shall pay the fees of the Mental Health Professional pursuant to the Collective Bargaining Agreement.

ac.   If, after consultation, the Mental Health Professional renders an opinion that the Witness Officer is not yet fit for duty, the Witness Officer shall be placed on Injured on Duty (“IOD”) status, pursuant to the Labor Agreement. If the Mental Health Professional determines that the officer is not able to return to work in any capacity after the officer has exhausted IOD benefits, the officer may continue to be eligible for paid time off pursuant to applicable provisions of the Labor Agreement.

ad.   Any disputes concerning the Officer’s ability to return to work shall be resolved in accordance with the Labor Agreement.

ae.   After consultation, a return to duty determination and documentation will be presented to the Chief of Police by the Mental Health Professional. In the case of a Witness Officer on paid administrative leave, their fitness for duty determination and documentation will be presented to the Chief of Police prior to being returned to duty.

C.    Consultation with Legal Counsel

1.      Involved and Witness Officers are entitled to consult with their legal counsel during the pendency of the Critical Incident investigation, up to and including any grand jury proceedings.

a.       Such reasonable and necessary meeting or meetings shall be considered on-duty time and the fees of the legal counsel may be eligible to be paid by the City pursuant Chapter 466 of the Minnesota State Statutes and the City’s legal fees policy.

b.      Officers shall be personally responsible for payment of any legal fees that exceed the hourly rate provided for in the City’s legal fees policy.

2.      It is common for Critical Incidents to result in civil lawsuits being filed against the City and the officers. Pursuant to the City’s adopted defense and indemnity policy, the Minneapolis City Attorney’s office, as the legal counsel for the City of Minneapolis, defends the City and its employees in such suits. Therefore, it is very important in order to properly prepare to defend any potential lawsuit following a Critical Incident that the City Attorney’s office be able to fully investigate the Critical Incident as soon as possible. For that reason, both Witness and Involved Officers shall be required to meet with and otherwise cooperate with the Civil Division of the City Attorney’s office when appropriate in its investigation and subsequent defense of any case that may arise.

D.    Internal Affairs

The Internal Affairs unit shall be responsible for conducting an Administrative Investigation of all Critical Incidents and will investigate the Critical Incident simultaneously with Homicide Investigators. The IAU Commander or the Commander’s designee will be the Chief’s Proxy on scene.

1.      Scene Access

MPD Homicide Investigators and Internal Affairs unit Investigators have equal access to the scene, evidence, civilian witnesses and all investigative data obtained at the scene.

2.      Suspect and Witness Interviews

Homicide Investigators shall ensure that all suspect and critical witness interviews are done in the monitored and recorded interview rooms at Investigative Headquarters. IAU will be notified of the interviews and may observe the interviews from the monitors in Investigative Headquarters.

3.      Investigative Data and Additional Evidence

Homicide Investigators shall notify in a timely manner and provide investigative data to IAU Investigators from sources not on scene, investigative reports or additional evidence as the investigation proceeds. IAU will have full access to all investigative records, statements and evidence that is collected during the criminal investigation. Evidence collected during any Critical Incident shall not be released without IAU approval.

 

 

Last updated Jun 30, 2020

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