Policy

When responding to a call of a child under the age of five, who is DOA or has become suddenly or unexpectedly ill or injured, protocol shall be:

1. Officers shall notify Car 710 and a supervisor, who shall respond to the scene. 
2. Officers shall gather information from the caretaker/parents as to the circumstances surrounding the illness or injury. If more than one parent/caretaker is present, officers should attempt to separate the individuals and gather the information while they are apart. If a parent/caretaker is not at the scene, officers shall attempt to contact them by phone as soon as possible.
3. Officers shall identify everyone at the scene, including full name, date of birth, address, phone number, etc.
4. If possible, officers shall obtain Fire Department and EMS run numbers, employee names, and ambulance or station number for the offense report.
5. Car 710 or the on-scene supervisor shall make the determination of whether Car 9 should be notified.
6. Car 710 or the on-scene supervisor may contact the Family Violence Unit for more direction or assistance if needed.
7. Car 710 or the on-scene supervisor shall make the determination whether the scene should be photographed by Crime Lab personnel.
8. After clearing the scene, officers shall immediately enter a CAPRS report entitled “DOA, HLTWEL, CHLDAB, or another appropriate CAPRS code.”
9. The on-scene supervisor shall determine which officers must make a supplement in the CAPRS report.
10. Officers shall always err on the side of protecting the child victim or siblings. If other children are in the home, officers must consider their safety and well being. These children may have to be placed on a Health and Welfare hold. Officers shall attempt to place the child(ren) in the care of a responsible relative or another responsible person if the legal parent/guardian agrees to the placement.

For children five years of age or above, officers may also be called to the scene if paramedics determine that circumstances surrounding the injury or illness are suspicious.

It is important to remember that in these types of cases, things are not always as they appear. It is imperative that officers at the scene balance the need to protect the child’s and the parent’s rights. Officers shall not openly accuse the caretaker/parent of child abuse.

Officers shall limit their questioning of the child to just getting the basic facts of what occurred. The child may be interviewed at Corner House at a later date, and detailed questioning by police or others may impede the investigation. If possible, separate the child and other child witnesses from the parent if circumstances dictate.

Notify Child Protection by phone at (612) 348-3552 or fax a copy of the report to (612) 348-9095.

Policy

Preliminary investigations by a responding officer may be very restricted or may constitute the entire investigation of the crime. In a particular crime, the preliminary investigation may be limited by investigative policy, and in all cases it is limited by an officer's assignment workload. An officer should not continue a preliminary investigation to the point where the investigation will jeopardize other job responsibilities or duties.

Policy

Uniformed officers may conduct a follow‑up investigation upon approval of their superior officer when there is a reasonable chance of apprehending the suspect, when there is a need for obtaining additional information for the preliminary investigative report, or when there are other compelling circumstances.

Policy

Uniformed officers, upon completion of their initial investigation, will conclude the Offense/Incident Report, if one is required, with one of the following comments:

Recommendation: Case Continued Pending Further Investigation or Leads

This will be used if the decision is not to recommend further use of police investigative resources.

Recommendation: Further Investigation

This will be used if the decision is to recommend further use of police investigative resources.

The recommendation will be expressed in all capital letters and will appear as the last entry in the body of the original Offense/Incident Report double spaced from the offense/incident narrative, if possible.

Policy

The decision to summon Car 21 and/or other Crime Lab personnel to a crime scene shall be made by a supervisor, or lacking a supervisor, the senior officer at the scene. Officers will provide the Crime Lab with the information they require. Requests for assistance from the Crime Lab shall be made via dispatch. MECC shall notify Car 21 for all Critical Incidents and Homicides at the time Car 710 is notified.

Scene security shall remain in place until the Crime Lab personnel have finished processing the scene. Officers working security may only be released from an active scene upon agreement between Crime Lab personnel and the on-scene supervisor.

Evidence identified at any crime scene which is not photographed or collected by the Investigator or Crime Lab personnel must be identified and documented in a supplemental report as to the reasons why the evidence was not collected or photographed at the scene.

Policy

On-duty investigators and the on-duty Watch Commander shall be notified immediately in the following situations:

• Homicides
• Assault with injury on a public safety officer (police, fire, ambulance) or any MPD employee
• All suicides and DOA’s - on-duty investigators 
• All suicides and suspicious DOA’s - Watch Commander
• Serious felonies where suspects are known or apprehended
• Aggravated assaults – with great bodily harm
• Business robberies
• Any robbery where there is serious injury, large loss, the possibility of immediately locating the suspect(s), or when an arrest has been made regarding the robbery
• A case with complex information available at the time of the initial response
• Any serious incident

When practical, requests for investigators and/or the on-duty Watch Commander shall be made by telephone. If the request is made by radio, an officer shall remain in contact with MECC until an investigator or the Watch Commander is contacted.

When uniformed officers are relieved at the scene by investigators, and based on staffing levels, the supervisor shall direct officers to complete all CAPRS reports.

Policy

The first officer to arrive at a death scene shall notify his/her immediate supervisor. The supervisor shall notify MECC who will then notify Car 710. If a death is suspicious in nature, Car 710 shall make the decision on whether or not to call Car 21 to the scene.

If a suspicious death occurs while Car 710 is off duty, Car 9, the on-scene supervisor or MECC shall notify the Commander of the Violent Crimes Investigation Division. The Commander will make the decision on whether or not to call investigators or Car 21 to the scene.

The supervisor shall also notify the on-duty Watch Commander by telephone, when possible. 

• Request assistance in securing the scene.
• Secure the area where the crime was committed and where the body was found. For an indoor scene, seal off all points of entry and exit. For an outdoor scene, use crime scene tape to immediately rope off the area, securing the largest area possible. Efforts should be made to protect evidence from the elements. Be aware of the possibility of multiple scenes.
• Do not allow any unauthorized persons to enter or leave the scene. Identify any unauthorized persons attempting to enter the scene and relay this information to the on-scene investigator(s). No one shall be permitted to approach the scene until investigators arrive.
• Do not allow anything to be touched or moved at the scene. Do not move a weapon unless it presents an immediate danger. Do not cover the body with anything or allow anyone else to cover the body. If possible, and without disturbing evidence, create a secure environment around the body so that it is not in plain view of the public until the arrival of Homicide or Crime Lab personnel.
• Homicide investigators or Crime Lab personnel shall be responsible for placing a barrier around the body. The decision of whether or not to cover a body shall only be made by Crime Lab personnel, Homicide investigators or the Commander of the Homicide Unit.  
• If covering the body is not possible, the Commander at the scene will use other methods that might be available, i.e., a vehicle, bus, etc. placed to obstruct viewing by the public.
• If the decision to cover a body has been made, the deceased will be covered with a sterile sheet provided by the Medical Examiner’s Office. Car 21 and all Homicide cars have a supply of pre-packaged sheets. The sheet will be property inventoried.
• If anything is touched or moved, inform investigators and document it in the CAPRS report. Do not remove anything from the scene unless instructed by investigators.
• Identify and isolate all witnesses as soon as possible. Identify witnesses by name, date of birth, home address, telephone number, business address, business telephone and business hours. All witnesses will be transported to the Homicide Unit at the direction of the investigator(s) and/or Watch Commander. If a witness refuses to go to the Homicide Unit, inform the investigator(s) or Watch Commander.
• Eliminate sightseeing at the scene, including police. Do not discuss the incident; direct all requests for information to the on-duty Watch Commander.
• Upon arrival, investigators shall be in charge of the scene. The supervisor shall report to the investigator(s) in charge at the scene and shall provide assistance as needed. When released from the scene and based on staffing levels, the supervisor shall direct officers to complete all CAPRS reports. All police personnel present at the scene shall make a statement unless instructed otherwise by investigators.

The Arson Unit will respond to the scene of fire deaths in the City of Minneapolis and file reports related to the origin and cause of the fire. Follow-up investigations of the fire death shall be performed by the Homicide Unit.

Photographs at homicide or suspicious death scenes shall only be taken by Crime Lab personnel or by persons authorized by the Homicide Unit investigators.

At non-suspicious death scenes officers may use department-issued digital cameras to take photographs when approved by a supervisor. Under normal circumstances Car 21 does not collect any type of evidence at a suicide scene; all evidence is collected by the Hennepin County Medical Examiner’s Office.

All photographs taken at death scenes are the property of the Minneapolis Police Department and shall be inventoried in the Property and Evidence Unit or retained in the Crime Lab.

Policy

In the event of a homicide or suspicious death, an on-scene Homicide investigator shall notify the Medical Examiner’s office as soon as possible.

In all other deaths, officers shall notify the Medical Examiner’s office by telephone, even if a qualified physician is present. Personnel from the Medical Examiner’s office will determine whether they will investigate the scene or release the body to a funeral home.

Policy

Officers shall prevent anyone other than investigators or personnel from the Medical Examiner's Office from searching dead bodies. A witness, preferably a family member, shall be requested to remain at the scene and shall be identified in the Offense/Incident Report. Any personal effects taken from the deceased by anyone shall be documented in the report. Death weapons or other property of the deceased, when taken for evidence, shall be itemized and signed for by the officers when so requested by the Medical Examiner.

Policy

A dead body shall only be moved after the Medical Examiner's Office directs the removal. Dead bodies under the jurisdiction of the Medical Examiner will be removed by Medical Examiner personnel.

Policy

When officers are assigned a dead body call and there are no suspicious circumstances, the officers shall make an Offense/Incident Report titled "DOA" (Dead On Arrival). The report shall include all pertinent information regarding identification, probable cause of death, name of doctor and removal of the body.

If the identity of the body cannot be established after the medical examiner arrives, officers shall use "unknown" for the victim's name on the report. A complete description of the victim shall be included.

It is expected that officers will give reasonable aid and comfort to the family members present and ensure that they are able to make necessary arrangements. Services of an MPD Community Chaplain or other clergy may be offered. (07/21/16)

Policy

It is the legal responsibility of the Medical Examiner's Office to make proper notification to relatives of the deceased. Officers may at times assume this responsibility when it might be helpful to the investigation. Officers shall inform the Medical Examiner of these special circumstances. 

Policy

The On‑Duty Watch Commander and a member of the Police Administration shall be notified by the Emergency Communications Center of all officer involved shootings. The On‑Duty Watch Commander shall proceed to the scene of the shooting. Attendance at the scene by a member of the Police Administration shall be at the discretion of the Chief or one of the Bureau Heads. 

The ranking investigative officer present is in charge of the crime scene.

Policy

All evidence that is collected by MPD personnel shall be property inventoried per MPD Policy and Procedure Manual, Section 10-400 Property and Evidence, prior to submitting any requests for forensic analysis.

All evidence shall be processed by the MPD Crime Lab if the requested service is a discipline that the MPD Crime Lab is equipped and trained to provide. No evidence shall be taken to any outside agency for analysis without the prior written approval of the MPD Crime Lab Commander or his/her designee.

Evidence to be processed by the MPD Crime Lab shall be submitted to the MPD Crime Lab using the Investigator’s Request for Service Form (MP-9010). All work requests will be screened and logged by the Crime Lab Unit.

If investigators have evidence that the MPD Crime Lab does not have the capability to process (i.e. DNA, trace evidence, questioned documents), but can be processed by the Minnesota Bureau of Criminal Apprehension (BCA) Forensic Laboratory, the requesting investigator shall bring the evidence to the BCA to be analyzed.

Policy

Officers and investigators shall make a reasonable effort to collect pertinent surveillance video recordings while on-scene at a crime scene, if the video can be retrieved and downloaded immediately. Video evidence shall be property inventoried in accordance with Section 10-400, Property and Evidence.

In the event of a homicide or Critical Incident, Car 21 will collect surveillance video recordings, complete necessary Crime Lab work orders, and notify Crime Lab Unit (CLU) Forensic Video Analysis personnel of immediate video analysis needs. If immediate retrieval is not possible, the CLU Forensic Case Coordinator shall be responsible for completing the documentation and work orders necessary for later collection of video evidence from a specified location/scene by CLU personnel.

If an incident (other than a homicide or Critical Incident) just occurred and the immediate identification of additional evidence or leads is vital, video evidence can be brought directly to the Crime Lab Unit (CLU) and will be prioritized per CLU policy. If a Forensic Video Analyst is not available or if the equipment is in use and cannot be interrupted, the investigator will be advised so other options can evaluated and pursued as necessary.

Note: A recent homicide, Critical Incident or request from Police Administration will be given immediate priority by CLU Video Analysts and take precedence over any other case awaiting analysis by an investigator or attorney.

To obtain Forensic Video Analysis services, case investigators shall complete an “Investigator’s Request for Service” Form (MP-9010) and ensure the following information is provided:

1. Case Control Number;
2. Investigator contact information (name and phone numbers, including desk and cell);
3. Location of surveillance video evidence (if applicable);
4. Mark the “other” box and include comments describing what service is needed (i.e. copy of video, still photos printed, retrieval from specific address/location, immediacy, etc.) and
5. A description of specific evidentiary information to identify on video (i.e. suspect including clothing, specific actions, time frame of incident, etc).

If it is determined that the processing/analysis services required are not available in the MPD Crime Lab, prior written approval for the use of outside services must be obtained from the CLU Director or his/her designee.

Forensic Video Analysts will contact investigators for further information as needed.

Policy

Priority of investigation and allocation of resources must be based upon the relative seriousness and solvability of each reported crime. Reported crimes will be investigated to the fullest extent possible without regard to the status of the victims or the areas of the City in which the crime occurs. 

The purpose of this policy is to establish procedures and protocols so employees take the necessary precautions concerning the recruitment, control and use of confidential informants.

Additionally, MN Statute section 626.8476 Subd. 3 requires the MPD to establish and enforce a written policy governing the use of confidential informants.

Follow Procedures

1. CIs shall not be used without authorization of the MPD through procedures identified in this policy.
2. CIs shall be managed in accordance with the MPD Managing Confidential Funds & Informants Manual.
3. Employees shall follow all MPD procedures when obtaining and using information from a confidential source (CS) or cooperating defendant (CD).

Training Required

1. In accordance with MN Statute section 626.8476 Subd. 4, the MPD shall provide in-service training in the recruitment, control, and use of CIs to every peace officer employed by the MPD who the Chief determines is involved in working with CIs given the officer's responsibilities. The training shall comply with learning objectives based on the policies and procedures of the model policy developed and approved by the board.

2. Employees shall not recruit, control or use CIs unless they have received the required training.

Employee Relationships with CIs

1. Employees shall not knowingly maintain a social relationship with a CI, or otherwise become personally involved with a CI beyond actions required in the performance of duty.

2. Employees shall not solicit or accept gratuities from or engage in any private business transaction with a CI.

Assets of the MPD

CIs shall be treated as assets of the MPD, not the individual CI Handler.

Preferential Treatment or Consideration

CIs will sometimes offer to exchange information for immunity, consideration in sentencing, or for their release from criminal charges.

1. No promises or guarantees of preferential treatment within the criminal justice system shall be made to any CI without prior approval from the prosecuting authority.
2. Any employee seeking to make an agreement to exchange information for release from arrest or for requesting special charging or sentencing consideration from the prosecuting authority or court, shall have the prior approval of the employee’s Commander or Inspector.
3. Agreements shall be documented in accordance with the MPD Managing Confidential Funds & Informants Manual.

Purposes of Information

CIs shall not be used to gather information purely of a political nature or for other information-gathering efforts that are not connected with a criminal investigation.

No Entrapment

CIs are prohibited from engaging in actions or activities that could be deemed entrapment.

Entrapment is when a person to commits an act or engages in conduct otherwise criminal, if the criminal design does not originate with the person, but is conceived in the mind of a government agent, and the person is by coercion, persuasion, deceitful representation, or inducement lured into committing an act the person otherwise would not have committed and had no intention of committing.

No Guarantee of Anonymity

While all reasonable efforts will be taken to protect a CI’s or confidential citizen’s identity, law enforcement cannot guarantee that the name will not be released.

Initial Suitability Determination

An initial suitability determination shall be conducted on any person being considered for a role as a CI. The initial suitability determination includes the following:

Initial Suitability Report

Report required

1. An officer requesting use of a person as a CI shall complete an Initial Suitability Report (using the CI Suitability Report form, MP-9103).

2. The report shall be submitted to the appropriate person or entity, as determined by the Chief, to review for potential selection as a CI.
3. The report shall include sufficient detail regarding the risks and benefits of using the person so that a sound determination can be made.

Report elements

The following information shall be addressed in the report, where applicable:

CI demographics

• Name, aliases, and date of birth
• Height, weight, hair color, eye color, race, sex, scars, tattoos, or other distinguishing features
• Employment status
• Marital status and number of children

CI contact information

• Current address and phone number
• Emergency contact information
• Current employer, position, address, and phone number

CI record

• Prior record as a witness
• Prior or current service as a CI with this or another law enforcement organization
• Criminal history, to include whether the person is the subject of a pending investigation, is under arrest, or has been charged with a crime
• Consultation with the person’s probation, parole, or supervised release agent, if any

CI relationships

• Affiliation with legitimate businesses and illegal or suspicious enterprises
• Relationship with the target of an investigation
• Relationship to anyone in law enforcement
• Gang affiliations or other organizational affiliations

CI motivation

• Motivation in providing information or assistance

Information provided

• Extent to which provided information can be corroborated
• Briefs of information provided by the CI and the CI’s subsequent reliability (if applicable)

Impact on other investigations

• Extent to which potential information, associations, or other assistance could benefit a present or future investigation
• Risk of adversely affecting an existing or future investigation

Risks involved

• Risk to the public
• Risk of flight by CI
• Risk of physical harm to the potential CI or their immediate family or relatives for cooperating with law enforcement
• Consideration and documentation of the person’s diagnosis of mental illness, substance use disorder, traumatic brain injury, or disability; and consideration and documentation of the person’s history of mental illness, substance use disorder, traumatic brain injury or disability
• Documentation and special consideration shall be made of the risks involved in engaging a prospective or current CI in the controlled buy or sale of a controlled substance if the person is known, or has reported, to have experienced a drug overdose in the previous 12 months

Other CI information

• Residential addresses in the last five years
• Social media accounts
• Vehicles owned and their registration numbers
• Places frequented
• Special skills and hobbies
• Special areas of criminal expertise or knowledge

Supervisor review and determination

Prior to a person’s use as a CI, a supervisor or other designated authority shall review the Initial Suitability Report and determine if the person is authorized to serve as a CI.

Exclusion from buys and sales

1. Any prospective or current CI shall be excluded from engaging in a controlled buy or sale of a controlled substance if the prospective or current CI:

1. Is receiving in-patient treatment or partial-hospitalization treatment administered by a licensed service provider for a substance use disorder or mental illness OR
2. Is participating in a treatment-based drug court program or treatment court.

Except that:

2. The prospective or current CI may provide confidential information while receiving treatment, participating in a treatment-based drug court program or treatment court.

Referral to services

1. Any prospective or current CI who is known to abuse substances, or is at risk for abusing substances, should be provided referral to prevention or treatment services.

2. Any prospective or current CI that has a physical or mental illness that impairs the ability of the person to understand instructions and make informed decisions should be referred to a mental health professional or other appropriate medical professional, or a case manager or social worker from the county social services agency, or other substance use and mental health services.

Special approval for certain people

Certain people who are being considered for use as a CI require special review and approval.

1. In all instances, the Chief or the Chief’s designee and the office of the prosecutor or county attorney shall be consulted prior to the use of the following people as CIs:

• Juveniles
• People obligated by legal privilege of confidentiality
• Government officials

1. The CI Handler shall document the consultation, including the positions and people consulted, on the CI Special Approval Consultation form (MP-9104).

2. Additionally, use of a juvenile under the age of 18 for participating in a controlled buy or sale of a controlled substance or contraband may be undertaken only with the written authorization of the person’s parent(s) or guardian(s).

1. Authorization for such use shall only be granted when a compelling public interest can be demonstrated.

1. A compelling public interest applies to situations in which failure to act would result or likely result in loss of life, serious injury, or have some serious negative consequence for people, property, or public safety and therefore demand action.
2. The CI Handler shall document the compelling public interest on the form.

2. A juvenile may provide confidential information without authorization of the parent(s) or guardian(s), when provided as an Anonymous Citizen, Confidential Citizen or Tipster.

3. Juveniles under the guardianship of the State shall not be used as a CI.

Exigent CIs

In certain circumstances a person who has been arrested is willing to immediately cooperate and perform investigative activities under the direction of a CI’s Handler.

1. In these circumstances, the initial suitability determination can be deferred and a person may be used as a CI for a period not to exceed 12 hours from the time of arrest if all of the following apply:

1. The person is not excluded from use as a CI under [IV-A-3] of this policy.

2. There is compelling public interest or exigent circumstances exist that demand immediate utilization of the person as a CI and any delay would significantly and negatively affect any investigation.

1. A compelling public interest applies to situations in which failure to act would result or likely result in loss of life, serious injury, or have some serious negative consequence for people, property, or public safety and therefore demand action.

3. A supervisor has reviewed and approved the person for utilization as a CI under these circumstances.

2. Upon the conclusion of the 12-hour window, or at any time before, an initial suitability determination shall be conducted before the person engages in any further CI activities.

Continuing Suitability

1. Each CI’s suitability shall be reviewed every 6 months, at a minimum, during which time the CI’s Handler shall submit a Continuing Suitability Report (using the CI Suitability Report form, MP-9103), completing all of the elements and requirements of an Initial Suitability Report.

2. Any information that may negatively affect a CI’s suitability during the course of their use shall be documented in the CI’s file and forwarded to the appropriate authorized personnel as soon as possible.
3. Information provided by a Confidential Reliable Informant (CRI) is generally recognized as more reliable than that of a CI, which has resulted in the Court allowing law enforcement greater latitude when using CRI information.

Supervisor Review in CI Management Process

1. Supervisors shall review CI files regularly with the CI Handler.
2. Supervisors shall attend debriefings of CIs periodically as part of the CI management process, every six months at a minimum.
3. If a CI is active for more than 12 months, a supervisory meeting with the CI shall be conducted without the CI Handler.

Inactive Status

1. CI contracts shall be terminated, and the CI file placed in inactive status when the CI has not been used for 6 months or more.

2. An initial suitability determination shall be conducted on a reactivated CI regardless of the length of inactivity.

CI Agreement

1. All CIs shall sign and abide by the provisions of the MPD’s CI agreement (CI Cooperating Agreement, form MP-2802).

2. Any physical or mental illness that impairs the CI’s ability to knowingly contract or otherwise protect the CI’s self-interest shall be taken into consideration before the CI signs the agreement.
3. The CI’s Handler shall discuss each of the provisions of the agreement with the CI, with particular emphasis on the following:

1. CIs may voluntarily initiate deactivation, whereupon a CI Deactivation form shall be completed (per section [IV-M]).<

2. CIs are not law enforcement officers. They have no arrest powers, are not permitted to conduct searches and seizures, and may not carry a weapon while performing activities as a CI.
3. CIs found engaging in any illegal activity beyond what is authorized by the MPD and conducted while under the supervision of a CI’s Handler, may be subject to prosecution.
4. CIs are prohibited from engaging in actions or activities that could be deemed entrapment. The meaning of the term and implications of such actions shall be explained to each CI.
5. CIs are prohibited from engaging in self-initiated information or intelligence gathering without MPD direction and approval. The CI must not take any actions in furtherance of an investigation without receiving specific instructions from the CI’s Handler or MPD.
6. Every reasonable effort shall be taken to ensure the confidentiality of the CI but, upon judicial order, the CI may be required to testify in open court.
7. CIs may be directed to wear a listening and recording device.
8. CIs shall be required to submit to a search before and after a controlled purchase.
9. CIs who participate in unplanned or unanticipated activities or meet with a subject under investigation in a location outside of the jurisdictional boundary of the MPD must promptly report that activity or meeting to their CI Handlers.

Confidentiality About CI and CI Safety

Safety procedures

1. Reasonable efforts and precautions shall be made to help protect the identity of a CI during the time the person is acting as a CI.

2. Procedures shall be instituted to assist CIs with concealing their identity and maintaining their safety.
3. Care should be given not to expose CIs to unnecessary safety risks.

Meetings

1. Meetings with a CI shall be conducted in private with another officer or agent present and with at least one officer or agent of the same sex, except when not practical.

2. The meeting location should minimize the potential for discovery of the CI’s cooperation and provide sufficient space to complete necessary administrative duties.
3. The meetings shall be documented and subsequently entered into the person’s CI file. Documentation shall include the date, time and location, attendees, and subject of the meeting. The documentation shall be provided to the Custodian of Records for inclusion in the file.

Communications plan

1. CI handlers shall develop and follow a communications strategy and plan with the CI that minimizes, to the greatest extent possible, the risk of discovery or compromise of the relationship between the MPD and the CI.

2. This plan should also aim to prevent the detection, compromise, or interception of communications between the CI Handlers and the CI.

Risk or threat of harm

1. Reasonable protective measures shall be provided for a CI when any MPD employee knows or should have known of a risk or threat of harm to a person serving as a CI and the risk or threat of harm is a result of the CI’s service to the MPD.

2. CI Handlers shall:

1. Evaluate and document the criminal history and propensity for violence of target offenders; and

2. To the extent allowed, provide this information to the CI if there is a reasonable risk or threat of harm to the CI as a result of the CI’s interaction with the target offender.

Omit CI name in warrant affidavit

The name of a CI shall not be included in an affidavit for a warrant unless judicial authority is obtained to seal the document from the public record or the CI is a subject of the investigation upon which the affidavit is based.

Screen CI for buys and sales

Preceding or following every buy or sale of controlled substances, CI Handlers shall screen the CI for any personal safety or mental health concerns, risk of substance abuse, or potential relapse in any substance abuse recovery.

1. At the request of the CI, or if the CI’s Handler deems it necessary, reasonable efforts should be taken to provide the CI with referrals to substance abuse or mental health services.

2. CI Handlers shall document the following on the CI Receipt for Services or Contraband form (MP-2801), per section [IV-N-3]:

1. The screening of the CI,

2. Any referral to services provided to, or requested by, the CI, and
3. Any refusal by the CI to participate in the screening and any refusal by the CI to accept referral to services. Reasons for the CI’s refusal shall be documented, where applicable.

3. No part of this subsection supersedes MN Statute section 253B.05, Subd. 2 regarding Emergency Admission (see P&P 7-809).

Continue confidentiality and safety

1. People leaving employment with the MPD have a continuing obligation to maintain as confidential the identity of any CI and the information the CI provided unless obligated to reveal such identity or information by law or court order.

2. All reasonable efforts shall be taken to maintain the safety and anonymity of the CI after deactivation.

Confidentiality From CI

1. Officers shall take the utmost care to avoid conveying any confidential investigative information to a CI, such as the identity of other CIs, surveillance activities, or search warrants, other than what is necessary and appropriate for operational purposes.

2. Under no circumstances shall a CI be allowed access to restricted areas or investigators’ work areas within a law enforcement agency.

Information provided by CI

1. Whenever possible, officers shall corroborate information provided by a CI and document efforts to do so.

2. CI Handlers are responsible for ensuring that information of potential value to other elements of the MPD is provided promptly to authorized supervisory personnel or other law enforcement agencies as appropriate.

CI Activity Outside MPD Jurisdiction

1. CI Handlers of CIs who will be engaging in operational activity in locations outside the jurisdictional boundaries of the MPD shall coordinate with counterparts in law enforcement agencies that have jurisdiction in that location where the CI will operate before any activity occurs, unless the Chief or the Chief’s designee has approved otherwise.
2. If unanticipated activity occurs outside the jurisdictional boundaries of the MPD and is brought to the attention of the CI’s Handler, they shall coordinate in a timely manner after with counterparts in law enforcement agencies that have jurisdiction in that location.
3. The Chief or the Chief’s designee may review and approve a decision to delay notification to or coordination with an outside agency having jurisdiction in the area where a CI has or may operate. The CI Handler shall document the decision and approval.

Establishment of a CI File System

A CI file system shall be established as follows:

1. The Chief shall designate a file supervisor who shall be responsible for developing and maintaining master CI files and an indexing system.
2. A file shall be maintained on each CI deemed suitable by the MPD.
3. Each CI shall have an information identification control number assigned when they are initially registered as a CI.
4. An additional Unreliable CI File shall be established for CIs deemed unsuitable during initial suitability determinations or at a later time.
5. Each file shall be coded with the assigned CI identification control number within the indexing system and shall include the following information, where applicable:

1. The Initial Suitability Report and any Continuing Suitability Reports, including the required attachments and information.

2. The CI Special Approval Consultation Form (if applicable).
3. A copy of the signed CI Cooperating Agreement.
4. The CI Deactivation Form (if applicable).

6. CI files shall be maintained in a separate and secured area.
7. The file supervisor shall ensure that information concerning CIs is strictly controlled and distributed only to officers and other authorities who have a need and a right to such information.

CI File Review

1. Sworn personnel may review a person’s CI file only upon the approval of the Chief or the Chief’s designee.

2. The requesting officer shall submit a written request explaining the need for review. A copy of this request, with the officer’s name, shall be maintained in the person’s CI file.
3. Officers shall not remove, copy, or disseminate information from the CI file.
4. CI files shall be reviewed only in designated areas of the law enforcement facility and returned as soon as possible to their secure file location.
5. All disclosures or access to CI files shall be recorded by the file supervisor, to include information such as the requesting officer or agency, the purpose of access or disclosure, the information conveyed, and the date and time of access or dissemination.
6. No portion of a person’s CI file shall be entered into any other electronic or related database without controls sufficient to exclude access to all but authorized personnel with a need and a right to know.

Deactivation of CIs

When deactivating a CI, the CI’s Handler shall complete a CI Deactivation Form (MP-9105) that includes, at minimum, the following:

1. The name of the CI.
2. The control number of the CI, where applicable.
3. The date of deactivation.
4. The reason for deactivation.
5. Whether the CI can or should be reactivated if the need arises. If not, the reason(s) why.
6. A notification that contractual agreements regarding monetary re-numeration, criminal justice assistance, or other considerations, specified or not, are terminated.
7. A notification that the MPD will provide and assist the CI with referrals to health services for assistance with any substance use disorder or physical, mental, or emotional health concerns, as requested or accepted by the CI.
8. A signature by the CI or documentation indicating the reason(s) why the CI was unable or unwilling to sign the form.
9. A signature by the CI’s Handler.

Recording CI Use

1. Each time a CI is used, the CI’s Handler shall complete the CI Receipt for Services or Contraband form, MP-2801. The form is required even if no monetary payment is made.

2. If the amount is greater than zero, one copy shall be provided to the CI Handler’s supervisor for recording in the ledger, and one copy shall be provided to the Custodian of Records.
3. If the use of the CI will include a buy or sale of controlled substances, the CI Handler shall screen the CI per section [IV-G-5], and shall document the screening on the form.

Monetary Payments

Monetary payments shall be managed as follows:

1. All monetary compensation paid to CIs shall be commensurate with the value of the information or assistance provided to the MPD.
2. All CI payments shall be approved in advance by the officer in charge of confidential funds.
3. Officers shall provide accounting of monies received and documentation for confidential funds expended. Any documentation of monies paid or received should not contain the true identity of the CI but should use the CI’s control number.
4. Two officers shall be present when making payments or providing funds to CIs.
5. The appropriate person, as designated by the Chief, shall ensure that the process for authorization, disbursement, and documentation of CI payments, as well as the accounting and reconciliation of confidential funds, is consistent with MPD policy.
6. If a CI is authorized to work with another law enforcement or prosecutorial agency, financial payments shall be coordinated between the agencies in a manner that is proportionate to the assistance rendered to each agency and consistent with provision [IV-J] of this policy.
7. Written records of receipts shall be retained, or justification for the exception shall be documented when a written receipt is not available.

Policy

When officers interview suspects who have been admitted to any hospital, prior permission must be obtained from the Administration Office of the hospital, the doctor in charge of the patient, or the head nurse. This does not pertain to suspects in emergency rooms being contacted by officers on immediate follow‑up investigations.

Juveniles may be interviewed in hospitals with the hospital's permission, but only after an attempt has been made to also contact the parents for their permission. (04/01/93)

Policy

Officers shall electronically record all custodial interrogations/interviews of suspects when the questioning occurs at a place of detention, i.e., Hennepin County Adult Detention Center (HCADC), Juvenile Detention Center (JDC), or a MPD vehicle that is equipped with Mobile Video Recording (MVR) equipment, etc. Interrogation includes any information about rights, any waiver of those rights, and all questioning.

Upon completing an electronic recording of a custodial interrogation/interview, the tape(s) shall be property inventoried according to department procedures.

For further information regarding audio recordings of suspect interrogations/interviews in MVR-equipped vehicles, see P&P 4-218 - Mobile Video Recording Equipment.

The purpose of this policy is to establish guidelines for eyewitness identification procedures involving show-ups, photo arrays, and line-ups. Erroneous eyewitness identifications have been cited as a factor frequently associated with wrongful convictions. Therefore, in addition to eyewitness identification, all appropriate investigative steps and methods should be employed to uncover evidence that either supports or eliminates the suspect identification.

1. Officers shall adhere to the procedures for conducting eyewitness identifications set forth in this policy, in order to maximize the reliability of identifications, minimize erroneous identifications, and gather evidence that conforms to contemporary eyewitness identification protocols.

• Exceptions to this policy include instances in which a person, acting independent of law enforcement, spontaneously identifies a person as being the perpetrator of a crime or identifies a suspect via social media prior to meeting with an MPD employee.

2. Photo arrays and line-ups shall be conducted by displaying the suspect and fillers sequentially using a blind or blinded administration. Simultaneous lineups shall not be used.

3. Employees shall complete a supplemental Police Report if they:

1. Coordinated, assisted, or witnessed a show-up.

2. Acted in the capacity of the line-up identification administrator.

3. Were designated as the assigned investigator or otherwise considered to be assisting in the investigation.

4. All eyewitness procedures shall be recorded by either BWC, MVR or audio recording devices. See P&P 4-223 for BWC P&P 4-218 for MVR.
5. The use of a confirmatory photograph is limited in scope to those instances in which the person being identified is previously known by or an acquaintance of the person viewing the photograph.
6. Any photo line-up that is viewed electronically shall be printed for documentation and inventoried or saved to an electronic file.
7. Employees shall not request an eyewitness to represent their response in the form of a percentage. For example, if the witness positively identifies a suspect, employees should not then ask them to give a percentage of how certain they are that the person they identified is the suspect.

Show-ups

1. The use of show-ups should be avoided whenever possible in preference to the use of a lineup or photo array procedure.
2. If circumstances require the prompt presentation of a suspect to a witness, the following guidelines shall be followed to minimize potential suggestiveness and increase reliability:

1. Document the witness’s description of the perpetrator prior to conducting the show up.
2. Conduct a show-up only when the suspect is detained within a reasonable time frame after the commission of the offense and within a close physical proximity to the location of the crime.
3. Do not use a show-up procedure if probable cause to arrest the suspect has already been established.
4. If possible, avoid conducting a show-up when the suspect is in a patrol car, handcuffed, or physically restrained by officers, unless safety concerns make this impractical.
5. Caution the witness that the person they are about to see may or may not be the perpetrator, and it is equally important to clear an innocent person. The witness should also be advised that the investigation will continue regardless of the outcome of the show-up.
6. Do not conduct the show-up with more than one witness present at a time.
7. Separate witnesses and do not allow communication between them before or after conducting a show-up.
8. If one witness identifies the suspect, use a line-up or photo array for remaining witnesses.
9. Do not present the same suspect to the same witness more than once.
10. Do not require show-up suspects to put on clothing worn by, speak words uttered by, or perform other actions of the perpetrator.
11. Officers should scrupulously avoid words or conduct of any type that may suggest to the witness that the individual is or may be the perpetrator.
12. Ask the witness to provide a confidence statement.
13. Remind the witness not to talk about the show-up to other witnesses until police or prosecutors deem it permissible.
14. Document the following information:

1. The time and location of the show-up.
2. The officers present.
3. The full name and contact information of the eyewitnesses.
4. The suspect’s clothing appearance, from head to toe. Photographs should be taken to fully capture the details of the suspect’s clothing and appearance.
5. Environmental and physical circumstances that could include but are limited to:

• Lighting,
• Weather,
• Approximate distance between the eyewitness and suspect,
• Whether the suspect was handcuffed, and
• Time that transpired between the suspects detention and the eyewitness’ identification.

6. The result of the procedure.

Line-up and Photo Array Procedures

1. Line-ups should not typically be used for investigations, unless conducting a photo array is not possible.
2. Whenever possible, a blind presentation shall be used. In cases where a blind presentation is not feasible for a photo array, a blinded presentation should be used.
3. Live line-ups must be conducted using a blind presentation.
4. Basic Procedures for Conducting a Line-up or Photo Array:

1. The line-up or photo array should consist of a minimum of six individuals or photographs, with a minimum of five fillers and only one suspect.
2. Fillers should be reasonably similar in age, height, weight, and general appearance and be of the same sex and race, in accordance with the witness’s description of the offender.
3. Create a consistent appearance between the suspect and the fillers with respect to any unique or unusual feature (e.g., scars, tattoos, facial hair) used to describe the perpetrator by artificially adding or concealing that feature on the fillers.
4. If there is more than one suspect, include only one in each line-up or photo array.
5. During a blind presentation, no one who is aware of the suspect’s identity should be present during the administration of the photo array. However, during a line-up, the suspect’s attorney should be present.
6. Place suspects in different positions in each line-up or photo array, both across cases and with multiple witnesses in the same case.
7. Witnesses should not be permitted to see or be shown any photos of the suspect prior to the line-up or photo array.

8. The witness shall be given a copy of the following instructions prior to viewing the line-up or photo array and the identification administrator shall read the instructions aloud before the identification procedure.

1. You will be asked to look at a series of individuals.

1. The perpetrator may or may not be present in the identification procedure.
2. It is just as important to clear innocent persons from suspicion as it is to identify involved parties.
3. Either:

1. I don’t know whether the person being investigated is included in this series (if administered by an independent lineup administrator); or

2. I do not know the order of the photos (if administered by a functional equivalent).

4. Sometimes a person may look different in a photograph than in real life because of different hair styles, facial hair, glasses, a hat or other changes in appearance. Keep in mind that how a photograph was taken or developed may make a person’s complexion look lighter or darker than in real life.
5. You should not feel that you have to make an identification. If you do identify someone, I will ask you to describe in your own words how certain you are.
6. The individuals are not configured in any particular order.
7. If you make an identification, I will continue to show you the remaining individuals or photos in the series.
8. Regardless of whether you make an identification, we will continue to investigate the incident.
9. Since this is an ongoing investigation, you should not discuss the identification procedures or results, particularly with any other potential witnesses.

9. The line-up or photo array should be shown to only one witness at a time.
10. Officers should separate witnesses prior to and during viewing so they will not be aware of the responses of other witnesses. Once the viewing is completed the eyewitness should be told not to discuss the procedure or their response with any other eyewitness.
11. Multiple identification procedures should not be conducted in which the same witness views the same suspect more than once.
12. Officers should scrupulously avoid the use of statements, cues, casual comments, or providing unnecessary or irrelevant information that in any manner may influence the witnesses’ decision-making process or perception.

13. Following an identification, the identification administrator shall ask the witness to provide a confidence statement and document the witness’s response.
14. The identification administrator shall ask the witness to complete and sign an Eyewitness Identification Procedure Form.

Photographic Arrays

Creating a Photo Array

1. Use contemporary photos.
2. When compiling photographs, employees shall only view databases or case files in which they have been granted access.
3. Do not mix color and black and white photos.
4. Use photos of the same size and basic composition.
5. Never mix mug shots with other photos.
6. Ensure the images are consistent in photo appearance and in appearance with the suspect, which includes but is not limited to the following;

• Skin tone
• Complexion
• Hairstyle
• Facial hair
• Build
• Glasses
• Eye color
• Background
• Photo sizing

7. Do not include more than one photo of the same suspect.
8. Cover any portions of mug shots or other photos that provide identifying information on the subject; and similarly cover other photos used in the array. This includes jail markings, booking information, or other personal identification markings that would specifically identify the suspect.
9. Where the suspect has a unique feature, such as a scar, tattoo, or mole or distinctive clothing that would make them stand out in the photo array, filler photographs should include that unique feature either by selecting fillers who have the same features themselves or by altering the photographs of fillers to the extent necessary to achieve a consistent appearance.
10. Fillers should not be reused in arrays for different suspects shown to the same witness.

Conducting the Photo Array

1. The photo array should be preserved, together with full information about the identification process as part of the case file and documented in a report.

2. If a blind administrator is not available, the identification administrator shall ensure that a blinded presentation is conducted using the following procedures.

1. Place the suspect and at least five filler photos in separate folders for a total of six (or more depending on the number of fillers used).

2. The identification administrator will take one folder containing a known filler and place it to the side. This will be the first photo in the series. The identification administrator should then shuffle the remaining folders (containing one suspect and the remainder of fillers) such that they cannot see how the line-up members are ordered. These shuffled folders will follow the first filler photo. The stack of photos is now ready to be shown to the witness.
3. The identification administrator should get in a position so that they cannot see inside the folders as they are viewed by the witness.

3. The witness should be asked if they recognize the person in the photo before moving onto the next photo. If an identification is made before all of the photos are shown, the identification administrator should tell the witness that they must show the witness all of the photos and finish showing the sequence to the witness, still asking after each photo if the witness recognizes the person in the photo.

4. If possible, the array should be shown to the witness only once. If, upon viewing the entire array the witness asks to see a particular photo or the entire array again, the witness should be instructed that they may view the entire array only one additional time. If a second viewing is permitted, it must be documented.

Line-ups

Conducting the Line-up

1. Live line-ups shall be conducted using a blind administrator.
2. Ensure that all persons in the line-up are numbered consecutively and are referred to only by number.

The primary investigating officer is responsible for the following:

1. Scheduling the line-up on a date and at a time that is convenient for all concerned parties, to include the prosecuting attorney, defense counsel, and any witnesses.
2. Ensuring compliance with any legal requirements for transfer of the subject to the line-up location if they are incarcerated at a detention center.
3. Making arrangements to have persons act as fillers.
4. Ensuring that the suspect’s right to counsel is scrupulously honored and that they are provided with counsel if requested. Obtaining proper documentation of any waiver of the suspect’s right to counsel.
5. Allowing counsel representing the suspect sufficient time to confer with their client prior to the line-up and to observe the manner in which the line-up is conducted.
6. Taking and preserving a still photograph of each individual in the line-up.

Policy

Wanted bulletins will only be issued for probable cause or on warrant. The following are the requirements:

1. Approval of the commanding officer or a designee prior to issuance.
2. Bulletins can be issued for a maximum of sixty days.
3. Bulletins will be self-canceling on the expiration date.
4. Extension of a bulletin may be obtained from the Chief or Deputy Chief of Investigations with a signed approval.
5. When a Probable Cause Arrest Bulletin (MPD-3003) is issued, a copy of the Probable Cause statement justifying its issuance must be attached to the copy of the bulletin that is filed in the Transcription Unit. It is the responsibility of the officer issuing the bulletin to ensure that the Probable Cause statement is attached to it. (12/18/92)

Policy

A temporary felony wanted person record may be entered into the CJIS/NCIC system to establish a "wanted person" record. This file may be used when prompt action is needed to apprehend a person (including a juvenile) who has committed, or the requesting officer has reasonable grounds to believe has committed, a felony.

Requests for entries shall be restricted to MPD Watch Commanders, investigators, and precinct lieutenants. It is the requesting officer's responsibility to supply the MECC supervisors with all available information for entry utilizing the Request for Temporary Felony or Vehicle Want Entry - CJIS/NCIC form (MP-6449).

A temporary felony want record must be specifically identified as such. A warrant for the arrest of the individual must be obtained as soon as possible and thereafter, the temporary want record must be canceled. A temporary felony want record will be automatically removed from the file after a period of 48 hours.

Policy

Any vehicle used in the commission of a felony may be immediately entered into the CJIS/NCIC stolen vehicle file providing the whereabouts of the vehicle is unknown. The unrecovered felony vehicle record will remain on file for a maximum of thirty (30) days, after which the entry will be removed from the file by MECC personnel.

Requests for entries shall be restricted to MPD Watch Commanders, investigators, and precinct lieutenants. It is the requesting officer's responsibility to supply the MECC supervisor with all available information for entry utilizing the Request for Temporary Felony or Vehicle Want Entry - CJIS/NCIC form (MP-6449).

Policy

The issuing authority will maintain a file of all active bulletins issued by them. This active file will be reviewed daily by the commanding officer or a designee.

Requests for distribution of copies will be the responsibility of the issuing authority. Distribution shall be made by the Transcription Unit.

Policy

"Probable Cause" wanted bulletins shall be reviewed by the issuing authority at least five days prior to expiration to determine if it should be allowed to expire, if it should be reissued in the form of a warrant or if there is a need for an extension.

"Warrant" wanted bulletins shall be reviewed at least once every four months to determine if information should be added, corrected or deleted or if the bulletin should be canceled.

Policy

Request for distribution of cancellation of wanted bulletins is the responsibility of the issuing authority. Distributions shall be made through the Transcription Unit.

Policy

The county attorney has the authority to subpoena records relevant to law enforcement investigations. Records may be obtained from telephone companies, utilities, chemical suppliers, hotels and motels and businesses engaged in transportation, storage and delivery. (Minn. Stat. §388.23)

Guidelines to utilize this Administrative Subpoena power for cases under investigation have been provided to the department by the Hennepin County Attorney. See the section titled Requests for Normal and After-Hours Administrative Subpoenas.

For Qwest Communications subpoena processing information, see section titled Qwest Communications Subpoenas, Search Warrants and Court Orders. 

Policy

Procedures for requesting an Administrative Subpoena are as follows:

1. Complete a Request for Administrative Subpoena form (MP-3605).
2. Complete the Administrative Subpoena form (MP-3404).
3. Normal Subpoena: Present the Request for Administrative Subpoena and the Administrative Subpoena forms to a senior attorney in the Hennepin County Attorney's Office. The attorney who signs the subpoena will retain the original request form and a copy of the issued subpoena.

After-Hours Subpoena: Call one of the senior attorneys authorized to approve an after-hours subpoena. (Investigative unit supervisors have a list of attorneys.) Advise the attorney of the situation and provide all necessary information. The attorney, upon satisfaction that the statutory requirements are met, will authorize the subpoena, over the telephone. The Officer Must Note the Authorization on the Administrative Subpoena by noting both the officer's and attorney's names, the date and time, and the fact that it was authorized by telephone on the subpoena. The next working day a completed copy of both the Request for Administrative Subpoena form and the Administrative Subpoena must be delivered to the senior attorney who authorized it.

Telephonic (after‑hours) Administrative Subpoena authorization is limited to those situations that cannot wait until the next business day. Also keep in mind that most records available through an Administrative Subpoena will only be accessible during normal business hours.

4. Present a copy of the subpoena to the person or business that has custody of the records to be subpoenaed.
5. If necessary, at the time of service, the original signed subpoena may be used to display the signature, and then must be placed in the investigative file.
6. If the person or business subpoenaed refuses to provide the subpoenaed records, contact the Hennepin County attorney who signed the subpoena. That attorney will then prepare a court order to compel production of the records.

Request for Administrative Subpoenas (MP-3605) and Administrative Subpoena (MP- 3404) forms may be obtained from MPD Stores.

Policy

The 36-hour rule means that an arrested party must have been charged or released from custody no more than 36 hours from the time he was arrested. The 36 hours exclude the day of the arrest, Sundays and holidays. The clock for the 36-hour rule starts running at 0001 hours on the day following the arrest. The County Attorney, in extremely significant cases, may be able to petition to the court to extend the 36-hour rule. This extension can only be authorized through the County Attorney's Office.

The 48-hour rule means that all warrantless arrests on "Probable Cause" must have a judicial review within 48 hours of the arrest if we are going to continue to detain the arrestee. The 48-hour rule goes into effect at the instant the suspect is notified of being placed under arrest (not the time of the booking or time the reports are made). This rule does not replace the 36-hour rule; it is a separate rule and both rules must be followed. Investigators should note that in some cases, the 36-hour hold period is longer than the 48-hour period.

If, in the normal course of an investigation, an investigator presents the case to the County Attorney's Office, a complaint is drafted, sworn to and signed before the Court, within the 48 and 36-hour period, no separate judicial review is required.

If, however, a judicial review of "Probable Cause to Detain" becomes necessary as a result of the 48-hour rule, it is the investigator's responsibility to bring this to the attention of the County Attorney's Office and to supply them with the documentation needed to support the "Probable Cause" for the arrest and continued detention.

During business hours, as soon as an investigator realizes that the judicial review of the "Probable Cause" for arrest is necessary under the 48-hour rule, to continue detention through the duration of the 36-hour rule period, he/she shall deliver to the Hennepin County Attorney's Office supporting documentation. The Hennepin County Attorney's staff will obtain judicial review of these cases and fax copies back to the investigator of the Court's decision. If the Court makes a finding of "Probable Cause" and approves continued detention, it is the responsibility of the investigator to notify the Hennepin County Jail. If the court does not find "Probable Cause" and will not approve continued detention, the investigator shall release the arrestee as appropriate (no charge, pending complaint, tab charge, etc.).

On Saturdays, the Investigative unit representative and the duty officer will evaluate all "Probable Cause" holds. On Sundays and holidays, the Day Watch Watch Commander will conduct the review of "Probable Cause" holds. In juvenile cases, juvenile investigators have exclusive responsibility for handling the arrest and all "Probable Cause" determinations.

It is the responsibility of the Juvenile Division investigator to notify the Hennepin County Juvenile Detention Center of the continued detention or release of a suspect after the "Probable Cause" hearing.

1. Witnesses provide an important public duty by helping discover the truth in an investigation. They may be providing their time and, in some cases, may be risking their safety to give evidence.

2. The purpose of this policy is to ensure that witnesses are approached and handled in a respectful and constitutional manner.

Detention

1. Witnesses shall not be subjected to a detention or otherwise seized, solely because they are a witness to a crime (regardless of how serious), except pursuant to a warrant or court order.

2. Employees requesting to speak to a witness or potential witness shall inform the person that they are not detained and are free to depart at any time.
3. Investigative stops and other detentions shall follow the search and seizure policies in P&P 9-200. Any investigative detention must be temporary and last no longer than is necessary to effectuate the purpose of the detention.
4. If a potential witness was detained in accordance with P&P 9-201, but is determined to not be under suspicion of criminal activity, they shall be informed that their cooperation is voluntary and they are free to depart at any time.

Identification

1. Witnesses shall not be compelled to provide identification, solely because they are a witness to a crime.

2. Identification can be requested from a witness or potential witness, in accordance with other policies and procedures, but witnesses cannot be required to provide it.

Voluntary Cooperation

Employees can secure voluntary cooperation from witnesses, by applying procedural justice principles (in accordance with P&P 5-104):

1. Introducing or identifying themselves to the citizen and explain the reason for the contact as soon as practical (P&P 5-104).

2. Asking for the person’s cooperation.
3. Offering information on what will happen next.
4. Providing transportation as necessary.

Interview Location

1. If a citizen witness consents to an interview, an investigator may request that the interview be done in a monitored and recorded interview room, if applicable to the situation.

2. If an off-scene interview is not applicable, or if the witness prefers, the interview shall be conducted on scene (such as inside or outside a squad).
3. If conducting an interview off-scene, the investigator shall arrange for transportation to and from the interview location, as needed by the witness.
4. Investigators shall ensure the witness has access to restrooms, water or other things they may need, as the situation allows.

Policy

Officers doing an investigation shall use a case file consisting of the following:

• Manila folder with fastener and clip attached.
• Witness and court date information format on outside cover.
• Checklist form attached to the inside of the front cover.
• All the various reports contributing to the case attached to the inside of the folder with a fastener and clip.

All reports and/or entries shall be in the exact order specified on the case file cover page and checklist form.

All reports and/or entries for a particular line item shall be in chronological order.

In instances where the case is too large to house within a standard manila case file folder, a three ring binder may be substituted. In these instances, the case file cover page and checklist form shall be the first (top) page in the binder.

• Affidavit: A written document (statement of facts) confirmed by oath or affirmation.
• Aggravated Aggressive Resistance or Aggravated Assault:

  The person displays the intent to imminently harm the member, themselves or another person, and the person’s actions are likely to result in great bodily harm or death.

  Examples include:

  • Use of a firearm.
  • Use of a blunt or bladed weapon.
  • Extreme physical force.
• Anonymous Citizen: A person who has come forward on a voluntary basis and is willing to provide information about a crime but does not disclose their identity. This person is not willing to be identified in police reports and will not testify voluntarily in any criminal proceedings.
• Blind Presentation: During a blind presentation, no one who is aware of the suspect's identity should be present during the administration of the photo array.
• Blinded Presentation: When the administrator may know the identity of the suspect but does not know which photo array member is being viewed by the eyewitness at any given time.
• Bodily Harm: Physical pain or injury, illness, or any impairment of physical condition.
• Body Fluids: Body fluids include but are not limited to blood, semen, vaginal secretions, breast milk, amniotic fluid, urine, saliva, vomit and stool.
• Body Worn Camera: Portable audio-video recording equipment designed to be worn on a person.
• Chain of Custody: Documentation of every person that has had custody of an item from the time it was collected until its final disposition.
• CI Cooperating Agreement: The agreement signed by a person before they can take on the role of a CI for the MPD, specifying conditions and acknowledgements. The form number is MP-2802.
• CI Deactivation Form: The form used when a person's role as an MPD CI is deactivated, specifying conditions and acknowledges regarding the deactivation. The form number is MP-9105.
• CI File: A file maintained to document all information that pertains to a confidential informant.
• CI Handler: The employee primarily responsible for supervision and management of a CI.
• CI Receipt for Services or Contraband: The form used to document each use of a CI, the exchange of funds or contraband, and the required screening in the case of buys or sales of controlled substances. The form number is MP-2801.
• CI Special Approval Consultation Form: The form used to document consultation with the Chief or the Chief's designee and the prosecutor or count attorney that is required prior to using juveniles, people obligated by legal privilege of confidentiality or government officials as CIs. The form number is MP-9104.
• CI Suitability Report: A report compiled by the Handler regarding the risks and benefits of using the person as a CI, including sufficient detail so that a sound determination can be made. The form number is MP-9103.
  
  -Initial Suitability Report: A Suitability Report compiled prior to use of the person as a CI by the MPD.
  -Continuing Suitability Report: A Suitability Report compiled every six months, at a minimum, to evaluate the ongoing risks and benefits of continuing to use the person as a CI.
• CIC: CIC is the code, which stands for "Crisis Intervention Call," used on a Police Report for situations involving a transport hold, and when a Police Report is completed in other situations involving a person in crisis.
• Compelling Public Interest: For purposes of this policy, a compelling public interest applies to situations in which failure to act would result or likely result in loss of life, serious injury, or have some serious negative consequence for people, property, or public safety and therefore demand action.
• Confidence Statement: A statement in the witness's own words taken immediately after an identification is made stating their level of certainty in the identification.
• Confidential Citizen: A person who has come forward on a voluntary basis and is willing to provide information about a crime with the understanding that their identity will only be known to law enforcement officials. This person is not willing to be identified in police reports and will not testify voluntarily in any criminal proceedings.
• Confidential Informant:

  A person who cooperates with a law enforcement agency confidentially in order to protect the person or the MPD’s intelligence gathering or investigative efforts, and:

  1. Seeks to:
     1. Avoid arrest or prosecution for a crime; or
     2. Mitigate punishment for a crime in which a sentence will be or has been imposed; or
     3. Receive a monetary or other benefit;
  2. Is able, by reason of the person’s familiarity or close association with suspected criminals, to:
     1. Make a controlled buy or controlled sale of contraband, controlled substance, or other items that are material to a criminal investigation;
     2. Supply regular or constant information about suspected or actual criminal activities to a law enforcement agency;
     3. Otherwise provide information important to ongoing criminal intelligence gathering or criminal investigative efforts.
• Confidential Reliable Informant (CRI): A person providing information to the MPD at the direction of an MPD Handler over time that has been useful in the furtherance of a criminal investigation or has resulted in the recovery of contraband. Information provided by a CRI is recognized by the Court as more reliable than that of a CI, which has resulted in the Court allowing law enforcement greater latitude when using CRI information.
• Confidential Source: Confidential Source or CS is a person or piece of technology that provides information to law enforcement related to criminal activity, where the identity is confidential or unknown. Includes Citizens and Informants.
• Confirmatory Photograph: An identification procedure in which a single photograph of an individual is shown to a witness or victim to authenticate the identity of a person.
• Continuing Suitability Report: A Suitability Report compiled every six months, at a minimum, to evaluate the ongoing risks and benefits of continuing to use the person as a CI.
• Controlled Buy: The purchase from a target offender of contraband, controlled substances, or other items that are material to a criminal investigation, where the purchase is initiated, managed, overseen, or participated in by law enforcement personnel with the knowledge of a CI.
• Conveyance Device: A device used for transportation and includes but is not limited to a motor vehicle, trailer, bicycle, snowmobile, airplane or vessel and any equipment attached to it. The term "conveyance device" does not include property, which is, in fact, itself stolen or taken in violation of the law.
• Cooperating Defendant: A person who has been charged with a criminal offense and the matter has not been adjudicated or otherwise been resolved by the Court. The information provided by a cooperating defendant (CD) and the identity of a CD may or may not be considered confidential, depending on the circumstances. There are additional specific requirements that must be met before a CD can be considered a Source of Information. Decisions about CDs must be made in conjunction with the appropriate prosecutorial agency.
• 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
• Custodian of Records: The person designated by the Chief, who is responsible for tracking and maintaining CI records.
• 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.
• Exigent Circumstances: the need to prevent imminent harm or to provide emergency aid, to prevent imminent destruction or removal or evidence excluding narcotics, when in hot pursuit of an individual who committed or is suspected of committing a felony, or to prevent the imminent escape of a suspect
• Expiration of Sentence: Length of time imposed by the court as the sentence on a convicted person.
• Eyewitness: A person who has observed an event and can provide a first-hand report of what was seen.
• Feasible: Objectively reasonably capable of being safely done or carried out.
• Filler: A live person, or a photograph of a person, included in an identification procedure who is not considered a suspect.
• Firearms/Ammunition/Firearm Accessories: A device that projects either single or multiple projectiles at high velocity. Ammunition is a term meaning the assembly of a projectile and its propellant. Accessories include but are not limited to holsters, gun cases, firearm optics, suppression devices, cleaning supplies, etc.
• Fleeing: An effort by the person to avoid arrest or capture through actions such as running, biking or driving away.
• Forfeiture: The process by which legal ownership of an asset is transferred to a government or other authority.
• Forfeiture Submission Form: Form mandated by state statute, completed by officers and submitted to the Forfeiture/Seized Property Reviewer.
• Forfeiture/Seized Property Reviewer: An Agency employee responsible for reviewing all forfeiture cases and is the liaison between the Agency and prosecutor's office.
• Found Property:

  Any item of no known evidentiary value, which comes into the custody of a police department employee, and whose rightful owner may, or may not, be known to the finder or the department.

  1. Found by Agency:

  Items found by police department employees in the regular course of their duties that do not include items seized during search warrants, searches of vehicles or searches of persons or any other search involving a seizure. Items found by police department employees would generally have an unknown owner.

  2. Found by Citizen:

  Items found by citizens may or may not have a known owner. Different rules may apply to items found by citizens regarding release or disposal.

• Functional Equivalent: When an independent administrator is unavailable, a functional equivalent method must be used. Functional equivalent means that the administrator cannot see and does not know the order of the photos and that the witness knows the administrator does not know the order.
• 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 the function of any bodily member or organ, or other serious bodily harm (MN Statute section 609.02 Subd. 8).
• Identification Administrator: The member conducting the identification procedure. Includes Independent Administrator and Functional Equivalent.
• Independent Lineup Administrator: A person who does not know the identity of the suspect.
• Informant: People who give information to another, including Confidential Informant, and Confidential Reliable Informant
• Initial Suitability Report: A Suitability Report compiled prior to use of the person as a CI by the MPD.
• Investigation: A structured process of gathering, examining, and evaluating facts and evidence to determine what occurred, assess compliance with laws and policies, and support appropriate actions or decisions.
• 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.
• Issuing Authority: Refers to the court, attorney, or representative of the court or attorney who has issued a Subpoena or Trial Notice with or without a "Standby" designation.
• Jewelry/Precious Metals/Precious Stones: The term "precious metals/precious stones" includes items of jewelry such as rings, necklaces and watches that reasonably appear to be made of precious metals or precious stones. Precious metals include but are not limited to gold, silver, platinum, iridium and palladium. Precious stones, often referred to as gemstones, include but are not limited to diamonds, emeralds and rubies.
• John: A person who engages in prostitution by hiring, offering to hire or agreeing to hire another individual to engage in sexual contact.
• Juvenile: An individual who is under the age of eighteen (18) years.
• Limited English Proficiency: Designates individuals whose primary language is not English and who have a limited ability to read, write, speak, or understand English. LEP individuals may be competent in certain types of communication (e.g. speaking or understanding), but still be LEP for other purposes (e.g. reading or writing). Similarly, LEP designations are context specific. An individual may possess sufficient English language skills to function in one setting, but may find these skills are insufficient in other situations.
• Line-up: The process of presenting individuals to an eyewitness for the purpose of identifying or eliminating suspects.
• MECC: Minneapolis Emergency Communications Center is the city's 911 center that answers emergency and non-emergency calls and coordinates the appropriate response by public safety services.
• Mental Health Professional: 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.
• National Crime Information Center: The National Crime Information Center database helps criminal justice professionals apprehend fugitives, locate missing persons, recover stolen property, and identify terrorists. It also assists law enforcement officers in performing their official duties more safely and provides them with information necessary to aid in protecting the general public.
• Non-Evidence: Any material object, tangible or intangible, to which an owner has a legal right. Items of no known evidentiary value (as described above) which come into the custody of a police department employee that is not a part of a criminal investigation, and whose rightful owner may or may not, be known.
• Notice of Seizure and Intent to Forfeit Property Form: Form completed by officers at the time of property seizure; to be distributed as directed on the form. Notice of Seizure and Intent to Forfeit Property forms are available for seizures made specific to: Controlled Substance Crime, Impaired Operation, Prostitution, Drive by Shooting and Fleeing Police Officer.
• Operation 100: An Operation 100 is a SWAT callout where on or off-duty SWAT Tactical, Negotiators, and Tech Team members respond to a hostile event, such as an active shooter or a barricaded suspect, which exceeds the capabilities of traditional law enforcement first responders and investigators.
• Photo Array: A means of presenting photographs to an eyewitness for the purpose of identifying or eliminating suspects.
• Physically Restrained: Restraint or restrain refers to a member's use of force to physically restrict the free movement of a person's body.
• Plainclothes Detail: Plainclothes details use plainclothes officers to perform overt law enforcement activities, where the officers involved are wearing attire other than a sworn officer uniform. Plainclothes details may involve officers in "soft" uniforms (with "Police" markings), Class "D" uniforms (P&P 3-115), or officers in civilian attire.
• Plainclothes Officer: A plainclothes officer performs law enforcement activities in attire other than a sworn officer uniform. When operating in an undercover operation, a plainclothes officer may wear attire to pose as a criminal or to conceal their identity as a police officer during in-person encounters.
• 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.
• Probable Cause: Having reasonable grounds for supporting the requested Court order, to include: search warrants, arrests or other legal process. Probable cause is required by the Fourth Amendment. Officers must have an objectively reasonable basis for believing that a crime may have been committed or that there is evidence of the crime present in the place to be searched.
• Property Inventory Form: Form completed upon property inventory at the Property and Evidence Unit. Original copy is maintained by the Property and Evidence Unit.
• Property Receipt Form: Triplicate form completed by officers at the time of property seizure; to be distributed as directed on the form.
• Prostitute: An individual who engages in prostitution by being hired, offering to be hired, or agreeing to be hired by another individual to engage in sexual contact.
• Prostitution: Hiring, offering to hire, or agreeing to hire another individual to engage in sexual contact, or being hired, offering to be hired, or agreeing to be hired by another individual to engage in sexual contact.
• Safekeeping: Any item of no known evidentiary value surrendered to an employee of the department for temporary custody. The person surrendering the property has the legal right to do so, and the property will be returned to the rightful owner(s), unless disposition by the department, in a manner prescribed by law.
• Safety Officer: Responsible for evaluating the overall incident scene for potential hazards, and makes recommendations to the incident commander during the incident operations.
• Search Warrant: A document issued by the Court authorizing the police to enter and search a person, premises, location or vehicle for purposes of evidence recovery.
• Sequential: Presentation of a series of photographs or individuals to a witness one at a time.
• Sex Trafficking:

  Sex trafficking means:

  1. Receiving, recruiting, enticing, harboring, providing or obtaining by any means an individual for prostitution; or
  2. Receiving profit or anything of value, knowing or having reason to know it is derived from an act of prostitution.
• 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 Exam: A forensic medical 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. The sexual assault exam may also be referred to as a Sexual Assault Resource Services (SARS) exam.
• Sexual Assault Examination Kit: A collection of evidence, including biological material, gathered from a patient by a health care professional.
• Show-up: The presentation of a suspect to an eyewitness within a short time frame following the commission of a crime to either confirm or eliminate the suspect as a possible perpetrator. Show-ups, sometimes referred to as field identifications, are conducted in a contemporaneous time frame and proximity to the crime.
• Simultaneous Lineup: Presentation of a series of photographs or individuals to a witness all at once.
• Social Media: An internet site or application where users create and share content and participate in online communities and conversations, in the form of a page, profile, account, group or other presence. These include, but are not limited to, blogs, forums, chat sites, Facebook, Twitter, Instagram, Nextdoor, LinkedIn, Reddit, and YouTube.
• Statute of Limitations: Length of time allowed by law for charging an individual with a crime. Does not apply for crimes where a conviction has occurred.
• Subpoena: An official court order for an individual to appear in court. The Subpoena remains in effect until the case is over or the Issuing Authority excuses the individual under Subpoena.
• Target Offender: The person suspected by law enforcement personnel to be implicated in criminal acts by the activities of a CI.
• Tipster: A person who contacts a crime tip-line and provides information for either a current or inactive investigation. The identity of a tipster is generally assumed to be unknown or confidential.
• Undercover Operation: Undercover operations use plainclothes officers to perform covert activities in criminal investigations, to gather evidence against individuals or groups engaged in criminal activity.
• Unreliable CI File: A file containing information pertaining to a person who has failed at following the established written CI Cooperating Agreement and has been determined to be generally unfit to serve as a CI.
• Wanted Person Record: Temporary felony wanted person record