Policy

All probable cause adult felony arrests must be authorized at the scene of arrest whenever possible. In the event the supervisor is unable to respond to the scene of the arrest, authorization may be given by radio, telephone or MDT/MDC. The probable cause felony arrest may be authorized by:

• The arresting officer's supervisor, or
• An investigator from the concerned investigative unit/division, or
• Any other supervisor

Supervisors will add their remarks via MDT/MDC to indicate their approval of probable cause and also whether they made the approval at the scene or via radio/telephone or MDT/MDC.

Arrests made on the basis of warrants or PC pickups do not require supervisor’s approval.

Prior to transporting arrestees to Hennepin County Adult Detention Center (HCADC), officers should consider a debriefing session. Arrestees shall be taken to HCADC for processing unless requested to be transported to the concerned investigative unit.

The Authority to Detain form (HC 6377) shall be completed. The approving supervisor’s name and badge number must be listed in the remarks section of the Authority To Detain form. The name of the supervisor approving the arrest and continued detention of the suspect must be included in the narrative section of the CAPRS report.

The original will be left at the HCADC and the carbon copy shall be given to the Police Typist to accompany the CAPRS report. The 36-Hour Expiration Advisory (HC 6400) shall be completed. In order to comply with the Supreme Court imposed 48-Hour Rule, officers shall note the exact time of arrest. The time of arrest is not when the suspect was booked or when the reports were made. The original 36-Hour Expiration Advisory shall be left at HCADC and the carbon copy will be forwarded with the case to the appropriate investigative unit.

Arrests for criminal sexual conduct (CSC), including PC Pick-ups, require an officer to complete a Criminal Sexual Assault Victim Notification form (HC 6170).

Policy

For felony and gross misdemeanor arrests, the following guidelines apply:

In Supplement Zero (0) of the CAPRS data entry screen, a pre-written prompt entitled "Public Information" appears. Following this prompt, officers are to briefly detail an incident/arrest. No names, addresses or any other information that would identify a victim or witness shall be entered in this section of the report.

The next prompt is the Judicial Probable Cause Oath statement. Following this prompt, officers shall write approximately one to two paragraphs detailing the probable cause for the arrest.

Supplement One (1) of the CAPRS report shall describe the entire incident in detail.

In cases of an arrest based on a PC arrest bulletin (PC Pick-up), officers shall attach a PC Pick-up to the CAPRS report. Copies of the PC Pick-up may be obtained from the Transcription Unit’s file or MPD Net.

After administering a written or oral oath, peace officers can sign a written report of another officer for the purpose of providing probable cause for the underlying arrest.

Officers shall swear to and sign their Judicial Probable Cause statement in front of an MPD notary. Peace Officers can sign a Probable Cause statement written by another officer for the purpose of providing probable cause for arrest.

MPD notaries shall witness the swearing and signing, and after such fact, shall sign the statement with their signature, license number, and the date their license expires.

The senior officer making the arrest is responsible for making sure all Probable Cause statements are notarized.

Transcription Unit staff shall distribute the signed and sworn statements to the Criminal History Unit during weekend and holiday hours and to the investigative units during normal work hours.

Criminal History staff shall fill out the court form and attach it to the arrest report.

This policy also applies to felony arrests of juveniles and to gross misdemeanor arrests.

Policy

Supervisor approval is not needed for gross misdemeanor arrests. All other felony arrest procedures apply to gross misdemeanor arrests.

The purpose of this policy is to delineate offenses and identification procedure with an adult misdemeanor arrest.

Non-Payable Offenses

1. Adult misdemeanor violators shall be issued citations in lieu of arrest unless the member believes that one of the following circumstances exists:

1. To prevent bodily harm to the accused or another.
2. To prevent further criminal conduct.
3. There is a substantial likelihood that the accused will fail to respond to a citation.
4. The member has found that the accused has an outstanding warrant (not including Sign and Release warrants).

2. Members making an arrest under one of the circumstances listed above must be able to articulate to the court and shall document in their report the reason(s) why it was necessary to arrest a person rather than issuing a citation.

Payable Offenses

When the only misdemeanor charge is a payable offense, members shall either issue a citation or refer the case for a complaint.

Proper Identification

1. Proper identification includes, but is not limited to:

• Minnesota DVS database
• State-issued identification card or Driver’s License
• Consular ID or matricula consular
• U.S. or foreign passport

2. In cases where a citation would be issued in lieu of arrest, and

• The member cannot establish proper identification of the accused person, and
• The member has a specific articulable reason to believe the identification information provided is false.

1. The member may transport the accused person to the Hennepin County Jail and the jail will use IBIS to identify them.
2. Once the process is finished the member shall issue the citation or forward for charging by complaint, and:

1. Transport the person back to the original location; or
2. If requested, transport the person to another mutually agreed-upon location in Minneapolis in the general vicinity of the original location; or
3. If requested, release the person outside the Hennepin County Jail.

3. If the person was not identified through IBIS, the member shall still release the person after issuing the citation or forwarding for charging by complaint.

3. Members shall document the attempts made to identify the individual, the reasons for any transport, and any requests for release or transport outside of the original location.

9-104 Arrests for Driving While Intoxicated (DWI)

• Summary: Outlines procedures for arresting individuals for DWI offenses.
• Effective Date: 05-29-2002

9-104.01 Arrests for Crimes of Violence

• Summary: Establishes reporting and notification procedures for crimes of violence.
• Effective Date: 05-29-2002

9-105 Arrest Reports/Adult Detention Center

• Summary: Defines reporting procedures for adult arrests and detention processing.
• Effective Date: 05-29-2002

9-106 Citations in Lieu of Arrest and Arrest Reports

• Summary: Specifies when citations may be issued instead of physical arrests.
• Effective Date: 03-17-2003

9-107 Citizen’s Arrests

• Summary: Details procedures for processing citizen-initiated arrests.
• Effective Date: 05-29-2002

9-108 Arrest or Detention of Injured Adults

• Summary: Provides guidelines for handling injured arrestees requiring medical care.
• Effective Date: 06-13-2014

9-109 Handcuffing Arrestees/Detainees

• Summary: Establishes handcuffing procedures for detainees and arrestees.
• Effective Date: 05-29-2002

9-110 Prisoner Control, Safety and Transportation

• Summary: Outlines procedures for prisoner safety and transportation protocols.
• Effective Date: 01-01-2026
• Last Review Date: 07-19-2018

1. When feasible, a two-officer squad shall be used to transport a felony prisoner.
2. One-officer squads may transport misdemeanor prisoners.
3. When feasible, a two-officer squad shall transport an arrestee of the opposite sex.

1. Officers transporting an arrestee of the opposite sex shall give MECC their destination and odometer reading.

1. Officers shall immediately notify MECC of any delay.
2. Upon arrival at their destination, officers shall notify MECC.

4. All prisoners shall remain within sight of the transporting officers at all times until the custody of the prisoner is transferred to a responsible authority, except in emergency situations.
5. Transporting officers are responsible for ensuring the safety of their prisoners.

1. Prisoners shall be secured with fastened seatbelts during transport in any vehicle equipped with seat belts.

1. If the vehicle is not equipped with seat belts in the transportation area, officers shall document in their report the lack of seat belts and the reason(s) that particular vehicle was used for the transport.
2. If circumstances prevent officers from safely securing the prisoner, the prisoner will be transported unsecured. The officers must document the specific reason(s) for the unsecured transport in their report.

2. Transporting officers shall not stop or interrupt prisoner transport responsibilities unless extreme or emergency circumstances exist (e.g., vehicle malfunction, to render emergency medical aid) and the risk to the prisoner is minimal.
3. Under no circumstances shall a prisoner be transported in the prone position. (06/13/14)

6. When transporting prisoners to a detention facility, officers shall comply with MPD rules, regulations and requirements until the prisoner is secure within the destination facility. Officers will then comply with the rules, regulations and procedures of the receiving facility. (06/13/14)
7. Once the subject is secured, an officer shall watch for any of the following signs: (06/13/14)

• Significant change in behavior or level consciousness;
• Shortness of breath or irregular breathing;
• Seizures or convulsions;
• Complaints of serious pain or injury; and/or
• Any other serious medical problem.

8. If officers observe any serious medical issue, they shall immediately contact EMS or transport directly to a local hospital. Officers shall also notify a supervisor. (06/13/14)
9. In the event of a prisoner escape during transport, the transporting officers shall immediately do the following:

1. Notify the dispatcher of the event and location.
2. Attempt pursuit if possible.
3. Notify a supervisor or proper jurisdictional authority of the escape.
4. Complete the original arrest report, noting the escape from custody.

9-111 Legislative Immunity

• Summary: Defines the policy regarding arrests involving legislative immunity.
• Effective Date: 05-29-2002

9-112 Diplomatic and Consular Immunity

• Summary: Establishes procedures for handling arrests of diplomatic personnel.
• Effective Date: 05-29-2002

Policy

Under international and federal law, diplomatic and consular officials are granted varying degrees of immunity and personal inviolability (i.e. freedom from arrest, detention, search etc.) depending on the position they hold. However, the privilege of personal inviolability must be balanced with the responsibility of the United States and its government bodies to protect the safety of its citizens. Police authorities may intervene to the extent necessary to halt activity that poses imminent danger to the safety of the public or when it is apparent that a serious crime may otherwise be committed.

1. Diplomatic agents, family members recognized as part of their household, and members of their administrative and technical staff and their households enjoy full immunity from arrest, detention, criminal prosecution, and search of their person, property or residence.

2. Members of their service staff have no privileges or immunities except for immunity from prosecution for acts related to performance of their official duties. Family members of the service staff have no privileges or immunity.
3. Family members of diplomatic agents who are also U.S. citizens have no privileges or immunities. Staff members or their families who are U.S. citizens or permanent residents of the U.S. have no privileges or immunities.
4. Consular officials, their families and staffs have no privileges or immunity related to arrest, detention, or search and seizure. The only exception is that career consular officers enjoy immunity from arrest unless the arrest is pursuant to a felony warrant.

The only authoritative document that can reliably identify a diplomatic or consular official is the identity card issued by the Department of State, Protocol Office. Other documents such as foreign diplomatic passports, U.S. diplomatic visas, tax exemption cards, or vehicle registration issued by the State Department do not conclusively indicate the diplomatic status of an individual. Officers presented with this type of identification should assume that the suspect might have some degree of immunity and attempt to verify further the diplomatic status of the suspect.

The on‑duty Watch Commander must be notified of any incidents involving diplomats or consular officials. These incidents must still be fully documented on the CAPRS reports. The federal government, acting through the State Department may be able to take corrective action against foreign diplomats who violate U.S. criminal law.

9-113 Arrest and/or Detention of Foreign Nationals

• Summary: Details legal requirements for detaining foreign nationals.
• Effective Date: 05-29-2002

9-115 Federal Prisoners – Including AWOLs

• Summary: Provides guidelines for handling federal prisoners and AWOL cases.
• Effective Date: 05-29-2002

Policy

For the purposes of this section, AWOL is Absent Without Leave from Military Service.

If an officer has a prisoner that they believe has a federal warrant, the officer shall confirm the warrant with Channel 7. The prisoner shall be transported to the Hennepin County Adult Detention Center where the prisoner will be received into custody per Minn. Stat. §641.03.

Definitions