A supervisor shall approve all planned plainclothes details or undercover operations.
Supervisor presence
Some plainclothes details and undercover operations also require that a supervisor be present for the detail or operation (in addition to supervisor approval). These include, but are not limited to, controlled buys of illegal contraband or firearms, prostitution stings, and search warrants of structures (in accordance with P&P 9-301).
Undercover Operations Involving Prostitution
This section is intended to provide guidance for officers conducting undercover operations involving prostitutions. Investigations of this nature can be extremely difficult to conduct and are often closely scrutinized by the media, the public and the courts. To protect the integrity of the officer and the agency and to ensure successful prosecution of these cases, it is essential that these guidelines are followed and that officers conduct themselves in a professional manner during such operations.
- It is the policy of the Minneapolis Police Department that officers shall not engage in sexual contact, expose their genitals, or commit other criminal offenses, to convince others that they are not associated with law enforcement.
- A plainclothes officer in a decoy role shall not expose their private body parts, including female breasts, to a john or a prostitute, and shall not touch the private body parts, including female breasts, of a john or a prostitute.
- A plainclothes officer in a decoy role shall document in their report any unsolicited touching of the officer’s private body parts by a john or a prostitute.
- The officer shall immediately disengage from the unsolicited touching and document how that was accomplished in the report.
- All complaints of prostitution or sex trafficking occurring in a “massage parlor” shall be referred to Regulatory Services for licensing investigation.
Response to Calls and Identification of Plainclothes Officers
The quick and effective recognition of plainclothes officers is important for the safety of plainclothes officers, uniform officers responding to a scene, and the public.
Response to calls for service
- Plainclothes officers should only respond to calls for service when the responding plainclothes officer can be clearly recognized as a police officer, unless a non-response by the plainclothes officer would likely result in injury to another.
- Plainclothes officers should always assume they are not identifiable or recognized by other responding officers. They should always announce their non-uniformed response to an incident by notifying MECC Dispatch, and give a general description of themselves and their squad or vehicle.
Display identification
When taking police action in plainclothes, officers shall display their badge or department-issued identification card. Whenever feasible, plainclothes officers should be wearing identifiable police jackets or vests when taking police action or at a crime or incident scene.
Obey orders by other officers
Due to the possibility that plainclothes officers are often not recognized by other officers, they shall obey all orders given to them by other officers, including orders to disarm themselves, place their hands in the air or assume other non-threatening positions.
Uniformed response
When circumstances permit, the use of uniformed officers is required to make arrests, traffic stops, or investigatory stops.
- In accordance with the policy on Search Warrants (P&P 9-301), a uniformed officer shall be present when executing a search warrant.
- All non-uniform officers participating in the execution of a search warrant shall wear an outermost garment with the word "POLICE" on it.
10-203 Confidential Informants
- Summary: Procedures for recruiting, managing, and maintaining confidential informants safely and legally.
- Effective Date: 01-01-2026
- Last Review Date: 11-23-2022
Purpose
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.
Policy
Follow Procedures
- CIs shall not be used without authorization of the MPD through procedures identified in this policy.
- CIs shall be managed in accordance with the MPD Managing Confidential Funds & Informants Manual.
- Employees shall follow all MPD procedures when obtaining and using information from a confidential source (CS) or cooperating defendant (CD).
Training Required
- 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.
- Employees shall not recruit, control or use CIs unless they have received the required training.
Employee Relationships with CIs
- 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.
- 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.
- 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.
- 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.
- 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.
Procedures
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
- An officer requesting use of a person as a CI shall complete an Initial Suitability Report (using the CI Suitability Report form, MP-9103).
- The report shall be submitted to the appropriate person or entity, as determined by the Chief, to review for potential selection as a CI.
- 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
- 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:
- Is receiving in-patient treatment or partial-hospitalization treatment administered by a licensed service provider for a substance use disorder or mental illness OR
- Is participating in a treatment-based drug court program or treatment court.
Except that:
- 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
- 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.
- 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.
- 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
- The CI Handler shall document the consultation, including the positions and people consulted, on the CI Special Approval Consultation form (MP-9104).
- 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).
- Authorization for such use shall only be granted when a compelling public interest can be demonstrated.
- 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.
- The CI Handler shall document the compelling public interest on the form.
- 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.
- 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.
- 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:
- The person is not excluded from use as a CI under [IV-A-3] of this policy.
- 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.
- 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.
- A supervisor has reviewed and approved the person for utilization as a CI under these circumstances.
- 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
- 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.
- 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.
- 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
- Supervisors shall review CI files regularly with the CI Handler.
- Supervisors shall attend debriefings of CIs periodically as part of the CI management process, every six months at a minimum.
- 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
- 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.
- An initial suitability determination shall be conducted on a reactivated CI regardless of the length of inactivity.
CI Agreement
- All CIs shall sign and abide by the provisions of the MPD’s CI agreement (CI Cooperating Agreement, form MP-2802).
- 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.
- The CI’s Handler shall discuss each of the provisions of the agreement with the CI, with particular emphasis on the following:
- CIs may voluntarily initiate deactivation, whereupon a CI Deactivation form shall be completed (per section [IV-M]).<
- 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.
- 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.
- 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.
- 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.
- 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.
- CIs may be directed to wear a listening and recording device.
- CIs shall be required to submit to a search before and after a controlled purchase.
- 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
- 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.
- Procedures shall be instituted to assist CIs with concealing their identity and maintaining their safety.
- Care should be given not to expose CIs to unnecessary safety risks.
Meetings
- 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.
- The meeting location should minimize the potential for discovery of the CI’s cooperation and provide sufficient space to complete necessary administrative duties.
- 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
- 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.
- 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
- 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.
- CI Handlers shall:
- Evaluate and document the criminal history and propensity for violence of target offenders; and
- 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.
- 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.
- CI Handlers shall document the following on the CI Receipt for Services or Contraband form (MP-2801), per section [IV-N-3]:
- The screening of the CI,
- Any referral to services provided to, or requested by, the CI, and
- 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.
- 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
- 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.
- All reasonable efforts shall be taken to maintain the safety and anonymity of the CI after deactivation.
Confidentiality From CI
- 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.
- 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
- Whenever possible, officers shall corroborate information provided by a CI and document efforts to do so.
- 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
- 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.
- 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.
- 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:
- The Chief shall designate a file supervisor who shall be responsible for developing and maintaining master CI files and an indexing system.
- A file shall be maintained on each CI deemed suitable by the MPD.
- Each CI shall have an information identification control number assigned when they are initially registered as a CI.
- An additional Unreliable CI File shall be established for CIs deemed unsuitable during initial suitability determinations or at a later time.
- Each file shall be coded with the assigned CI identification control number within the indexing system and shall include the following information, where applicable:
- The Initial Suitability Report and any Continuing Suitability Reports, including the required attachments and information.
- The CI Special Approval Consultation Form (if applicable).
- A copy of the signed CI Cooperating Agreement.
- The CI Deactivation Form (if applicable).
- CI files shall be maintained in a separate and secured area.
- 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
- Sworn personnel may review a person’s CI file only upon the approval of the Chief or the Chief’s designee.
- 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.
- Officers shall not remove, copy, or disseminate information from the CI file.
- 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.
- 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.
- 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:
- The name of the CI.
- The control number of the CI, where applicable.
- The date of deactivation.
- The reason for deactivation.
- Whether the CI can or should be reactivated if the need arises. If not, the reason(s) why.
- A notification that contractual agreements regarding monetary re-numeration, criminal justice assistance, or other considerations, specified or not, are terminated.
- 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.
- A signature by the CI or documentation indicating the reason(s) why the CI was unable or unwilling to sign the form.
- A signature by the CI’s Handler.
Recording CI Use
- 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.
- 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.
- 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:
- All monetary compensation paid to CIs shall be commensurate with the value of the information or assistance provided to the MPD.
- All CI payments shall be approved in advance by the officer in charge of confidential funds.
- 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.
- Two officers shall be present when making payments or providing funds to CIs.
- 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.
- 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.
- Written records of receipts shall be retained, or justification for the exception shall be documented when a written receipt is not available.
10-205 Interviewing Suspects in Hospital
- Summary: Guidelines for interrogating suspects receiving medical treatment while ensuring their rights and medical needs are respected.
- Effective Date: 04-01-1993
- Last Review Date: 04-01-1993
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)
10-206 Electronic Recording of Custodial Interrogations/Interviews
- Summary: Requirements for recording suspect interrogations to ensure integrity and compliance with legal standards.
- Effective Date: 09-13-2004
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.
10-207 Eyewitness Identification
- Summary: Procedures for conducting line-ups and photographic arrays to ensure reliable suspect identification.
- Effective Date: 01-01-2026
- Last Review Date: 02-01-2021
Purpose
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.
Policy
- 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.
- 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.
- Employees shall complete a supplemental Police Report if they:
- Coordinated, assisted, or witnessed a show-up.
- Acted in the capacity of the line-up identification administrator.
- Were designated as the assigned investigator or otherwise considered to be assisting in the investigation.
- 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.
- 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.
- Any photo line-up that is viewed electronically shall be printed for documentation and inventoried or saved to an electronic file.
- 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.
Procedures
Show-ups
- The use of show-ups should be avoided whenever possible in preference to the use of a lineup or photo array procedure.
- 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:
- Document the witness’s description of the perpetrator prior to conducting the show up.
- 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.
- Do not use a show-up procedure if probable cause to arrest the suspect has already been established.
- 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.
- 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.
- Do not conduct the show-up with more than one witness present at a time.
- Separate witnesses and do not allow communication between them before or after conducting a show-up.
- If one witness identifies the suspect, use a line-up or photo array for remaining witnesses.
- Do not present the same suspect to the same witness more than once.
- Do not require show-up suspects to put on clothing worn by, speak words uttered by, or perform other actions of the perpetrator.
- 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.
- Ask the witness to provide a confidence statement.
- Remind the witness not to talk about the show-up to other witnesses until police or prosecutors deem it permissible.
- Document the following information:
- The time and location of the show-up.
- The officers present.
- The full name and contact information of the eyewitnesses.
- 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.
- 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.
- The result of the procedure.
Line-up and Photo Array Procedures
- Line-ups should not typically be used for investigations, unless conducting a photo array is not possible.
- 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.
- Live line-ups must be conducted using a blind presentation.
- Basic Procedures for Conducting a Line-up or Photo Array:
- 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.
- 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.
- 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.
- If there is more than one suspect, include only one in each line-up or photo array.
- 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.
- Place suspects in different positions in each line-up or photo array, both across cases and with multiple witnesses in the same case.
- Witnesses should not be permitted to see or be shown any photos of the suspect prior to the line-up or photo array.
- 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.
- You will be asked to look at a series of individuals.
- The perpetrator may or may not be present in the identification procedure.
- It is just as important to clear innocent persons from suspicion as it is to identify involved parties.
- Either:
- I don’t know whether the person being investigated is included in this series (if administered by an independent lineup administrator); or
- I do not know the order of the photos (if administered by a functional equivalent).
- 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.
- 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.
- The individuals are not configured in any particular order.
- If you make an identification, I will continue to show you the remaining individuals or photos in the series.
- Regardless of whether you make an identification, we will continue to investigate the incident.
- Since this is an ongoing investigation, you should not discuss the identification procedures or results, particularly with any other potential witnesses.
- The line-up or photo array should be shown to only one witness at a time.
- 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.
- Multiple identification procedures should not be conducted in which the same witness views the same suspect more than once.
- 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.
- Following an identification, the identification administrator shall ask the witness to provide a confidence statement and document the witness’s response.
- The identification administrator shall ask the witness to complete and sign an Eyewitness Identification Procedure Form.
Photographic Arrays
Creating a Photo Array
- Use contemporary photos.
- When compiling photographs, employees shall only view databases or case files in which they have been granted access.
- Do not mix color and black and white photos.
- Use photos of the same size and basic composition.
- Never mix mug shots with other photos.
- 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
- Do not include more than one photo of the same suspect.
- 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.
- 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.
- Fillers should not be reused in arrays for different suspects shown to the same witness.
Conducting the Photo Array
- 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.
- If a blind administrator is not available, the identification administrator shall ensure that a blinded presentation is conducted using the following procedures.
- 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).
- 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.
- The identification administrator should get in a position so that they cannot see inside the folders as they are viewed by the witness.
- 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.
- 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
- Live line-ups shall be conducted using a blind administrator.
- 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:
- 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.
- Ensuring compliance with any legal requirements for transfer of the subject to the line-up location if they are incarcerated at a detention center.
- Making arrangements to have persons act as fillers.
- 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.
- 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.
- Taking and preserving a still photograph of each individual in the line-up.
10-208 Issuance of Wanted Bulletins
- Summary: Protocols for issuing and distributing wanted bulletins for suspects and felony vehicles.
- Effective Date: 12-18-1992
- Last Review Date: 12-18-1992
Policy
Wanted bulletins will only be issued for probable cause or on warrant. The following are the requirements:
- Approval of the commanding officer or a designee prior to issuance.
- Bulletins can be issued for a maximum of sixty days.
- Bulletins will be self-canceling on the expiration date.
- Extension of a bulletin may be obtained from the Chief or Deputy Chief of Investigations with a signed approval.
- 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)
10-208.01 Temporary Wanted Person File – Felony Only
- Summary: Rules for entering felony suspect records into temporary databases to assist with apprehension.
- Effective Date: 08-05-1992
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.
10-208.02 Temporary Felony Vehicle File
- Summary: Policies on maintaining temporary records of felony vehicles to aid in recovery.
- Effective Date: 08-05-1992
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).
10-209 Maintenance of Files and General Distribution of Wanted Bulletins
- Summary: Guidelines for maintaining and distributing active wanted bulletins.
- Effective Date: 08-05-1992
- Last Review Date: 08-05-1992
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.
10-210 Review of Wanted Bulletins
- Summary: Procedures for reviewing wanted bulletins to ensure accuracy and necessity.
- Effective Date: 08-05-1992
- Last Review Date: 08-05-1992
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.
10-211 Cancellation of Wanted Bulletins
- Summary: Rules for canceling wanted bulletins and ensuring timely database updates.
- Effective Date: 08-05-1992
- Last Review Date: 08-05-1992
Policy
Request for distribution of cancellation of wanted bulletins is the responsibility of the issuing authority. Distributions shall be made through the Transcription Unit.
10-212 Administrative Subpoenas
- Summary: Policies on using administrative subpoenas to obtain investigative records from businesses and communication providers.
- Effective Date: 11-06-2007
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.
10-212.01 Request for Normal & After-Hours Administrative Subpoenas
- Summary: Steps for requesting administrative subpoenas during regular and after-hours periods.
- Effective Date: 01-26-1990
Policy
Procedures for requesting an Administrative Subpoena are as follows:
- Complete a Request for Administrative Subpoena form (MP-3605).
- Complete the Administrative Subpoena form (MP-3404).
- 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.
- Present a copy of the subpoena to the person or business that has custody of the records to be subpoenaed.
- 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.
- 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.
10-212.02 Qwest Communications ‑ Subpoenas, Search Warrants
- Summary: Procedures for obtaining records from Qwest Communications through legal processes.
- Effective Date: 01-26-1990
- Last Review Date: 01-26-1990
Policy
Qwest Communications requires an Administrative Subpoena, Search Warrant or Court Order prior to the release of any non-published customer record information.
To secure non-published customer record information in an emergency situation, a properly executed Administrative Subpoena, Search Warrant or Court Order may be presented or faxed to the Qwest Communications Security Office. (Investigative unit supervisors have a listing of normal and after hours contacts.) When an After‑Hours Administrative Subpoena or other document is faxed, a copy of the document must be mailed to the Qwest Communications Security Office the next business day.
Note: Qwest Communications will continue to provide information in connection with an emergency 911 trace.
10-213 36-Hour Hold and 48 Hour Hold Rules
- Summary: Policies on holding suspects for up to 48 hours based on investigative needs and legal requirements.
- Effective Date: 04-01-1993
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.
10-214 Use of DNR / Trap and Trace Device
- Effective Date: 11-06-2007
All officers and investigators needing to have a Dialed Number Recorder/DNR (pen register) or Trap and Trace device utilized as a resource for an ongoing investigation shall notify the Organized Crime Unit Technical Support Section of their intent before a court order is signed. This will allow Technical Support Section personnel to obtain the proper equipment before the court order is activated, and will serve to keep a record of the unit to be billed.
Prior to a DNR (pen register) or Trap and Trace order, the officer/investigator shall subpoena the phone company of record to ensure the proper company is served with the Trap and Trace order.
The officer/investigator shall forward a copy of the signed court order to the Technical Support Section prior to the DNR (pen register) or Trap and Trace being installed.
After being contacted, the Technical Support Section will furnish the officer/investigator with the requested reports.
10-215 State Administrative Forfeiture
- Summary: Policies for seizing property involved in certain crimes, including controlled substances and DUI cases.
- Effective Date: 01-01-2026
- Last Review Date: 03-01-2011
- Policy
It shall be the policy of the Minneapolis Police Department (MPD) that all employees of this agency, all MPD employees assigned to another law enforcement agency’s task force and all employees assigned from an outside law enforcement agency to a task force in which the MPD serves as the fiscal agent, shall follow all state and federal laws pertaining to the processing of property seized for forfeiture.
Training will be provided by the MPD in consultation with the prosecuting authority to officers who may exercise the use of administrative forfeiture in the performance of their assigned duties. Such training is to be conducted whenever the agency policy is changed or modified based upon administrative directives, legislative statutes changes and/or relative court decisions. Training may include, but not be limited to: agency policy, directives, electronic or traditional classroom education.
- Procedures / Rules / Regulations
Administrative Forfeiture Procedure – Controlled Substance Crimes
- The following property may be seized and is presumed under MN Stat 609.5314 Administrative Forfeiture of Certain Property Seized in Connection With a Controlled Substances Seizure to be subject to administrative forfeiture if the item has a retail value of greater than $300.00 and less than $50,000.00:
- All money, precious metals and precious stones found in proximity to controlled substances;
- All conveyance devices containing controlled substances with retail value of $100 or more if possession or sale of the controlled substance would be a felony under MN Stat Chapter 152, Drugs, Controlled Substances.
- All firearms, ammunition and firearm accessories found:
- in a conveyance device used or intended for use to commit or facilitate the commission of a felony offense involving a controlled substance;
- on or in proximity to a person from whom a felony amount of controlled substance is seized; or
- on the premises where a controlled substance is seized and in proximity to the controlled substance, if possession or sale of the controlled substance would be a felony under MN Stat Chapter 152.
- When any property as described in the above section is seized, the peace officer making the seizure must prepare the following documents for each person whom property is being seized from:
- The “Notice of Seizure and Intent to Forfeit Property - Controlled Substance Crimes” form. This form must be completed to include the following:
- a list describing each item seized
- the name of the individual served with the Notice
- location of seizure
- date of seizure
- agency case number
- signature, date, and location where notice was served (written by the peace officer conducting the seizure).
- Property Receipt Form. This form must be completed in detail in its entirety. (In addition to the Page 5, when applicable.)
- Forfeiture Submission Form. This form must be completed in detail in its entirety. Note: Referencing a report is not enough.
- CAPRS report and supplement explaining probable cause for the seizure to include type and weight of controlled substance and result of field test(s). (See also, H. Administrative Forfeiture - Report Writing Requirements)
- The individual whom property is being seized from must be given an opportunity to sign the seizure notice form.
- If the person refuses, the peace officer conducting the seizure must check the appropriate box indicating the refusal to sign.
- A copy of the Notice of Seizure and Intent to Forfeit Property Controlled Substance Crimes form and a copy of the Property Receipt shall be given to the individual served.
- All property subject to and being processed for forfeiture through the agency must be held in the custody of the agency.
- The officer conducting the seizure shall forward the following to the Forfeiture/Seized Property Reviewer within 5 days of seizure:
- Notice of Seizure and Intent to Forfeit Property Controlled Substance Crimes form (original and pink copies)
- Property Receipt form (original and pink copies)
- Forfeiture Submission form
Administrative Forfeiture of Cash Procedure – Controlled Substance Crimes
- Cash will not be seized if it has an aggregate value less than $300.00 unless pre-recorded buy funds are included in the cash seized.
- Officers shall examine all cash seized to determine whether it contains any buy funds. When buy funds are recovered:
- Photocopy the recovered buy funds and property inventory the photocopy.
- Return recovered buy funds to the appropriate unit’s buy fund account.
- Document in the CAPRS report under correct CCN that buy funds were recovered.
- Cash shall be recounted and the amount verified by another employee of the MPD. The cash envelope and/or inventory receipt shall then be co-signed.
- If a discrepancy is found, the Notice of Intent to Forfeit Property Controlled Substance Crimes form and the Property Receipt form must be reissued.
- All forfeitable cash seized will be property inventoried at the Property and Evidence Unit in accordance with Policy and Procedure Manual Section 10-401 Responsibility for Inventory of Property and Evidence.
- If cash is seized from multiple individuals, a Property Inventory form will be completed for each individual.
- The Property Inventory form shall specify the total amount of cash seized from each individual.
- The Property Inventory form shall also contain a detailed description of all checks, money orders and/or travelers checks or other financial instruments.
Administrative Forfeiture of Property other than Cash – Controlled Substance Crimes
- Seized jewelry, precious metals and/or precious stones shall be property inventoried at the property/evidence room in accordance with Policy and Procedure Manual Section 10-401 Responsibility for Inventory of Property and Evidence.
- Forfeiture of Conveyance Device
- Upon seizure for forfeiture, all conveyance devices shall immediately be either taken to a secure designated area or to an agency approved impound facility.
- Officers shall inventory the conveyance device and its contents in accordance with applicable MPD policies.
- If the driver, who received a seizure notice, is not the registered owner according to MN DVS, the Forfeiture/Seized Property Reviewer will serve the registered owner a seizure notice via certified mail pursuant to MN STAT 169A.63 subd. 8(b) Vehicle Forfeiture, Administrative Forfeiture Procedure.
- Seized firearms, ammunition or firearms accessories shall be property inventoried in accordance with Policy and Procedure Manual Section 10-400 Property and Evidence.
Administrative Forfeiture Procedure – Prostitution
- Vehicles may be seized and are presumed under MN Stat 609.5312 Forfeiture of Property Associated With Designated Offenses to be subject to administrative forfeiture if the vehicle was used to commit or facilitate, or used during the commission of a violation of MN Stat. 609.324 Patrons; Prostitutes; Housing Individuals Engaged in Prostitution; Penalties.
- Seizure of the vehicle in prostitution offense may be seized only if registered owner of vehicle is present.
- When a vehicle is seized for prostitution, the peace officer making the seizure must complete the “Prostitution Arrests - Notice of Seizure of Motor Vehicle” form. This form must be completely filled out and issued immediately.
- The individual from whom the property is being seized must be given an opportunity to sign the seizure notice form.
- If the person refuses, the peace officer conducting the seizure must acknowledge on the form, the refusal to sign.
- The form shall be immediately distributed as directed on the form as the vehicle owner is entitled to a hearing within 96 hours, per MN STAT 609.5312 subd 3(b) Forfeiture of Property Associated With Designated Offenses, Vehicle Forfeiture for Prostitution Offenses.
- Fax to Minneapolis City Attorney’s office
- Fax to Minneapolis Property and Evidence Unit
- White copy to Forfeiture/Seized Property Reviewer
- Yellow copy to registered owner of vehicle
- If the driver, who received a seizure notice, is not the registered owner according to MN DVS, the Forfeiture/Seized Property Reviewer will serve the registered owner a seizure notice via certified mail pursuant to MN Stat 169A.63 subd. 8(b) Vehicle Forfeiture, Administrative Forfeiture Procedure.
Administrative Forfeiture Procedure – Impaired Operation (DUI)
- Vehicles may be seized and are presumed under MN Stat 169A.63 Subd 2 Vehicle Forfeiture, Seizure to be subject to administrative forfeiture incident to a lawful arrest for the violation of a designated drinking and driving offense.
- When a vehicle is seized for impaired operation, the peace officer making the seizure must complete the “Impaired Operation - Notice of Intent to Administratively Forfeit Vehicle” form. This form must be completely filled out.
- The individual from whom the property is being seized must be given an opportunity to sign the seizure notice form.
- If the person refuses, the peace officer conducting the seizure must acknowledge on the form, the refusal to sign.
- The form shall be distributed as directed on the form.
- White and Pink copies to Forfeiture/Seized Property Reviewer
- Yellow copy to driver of vehicle
- If the driver, who received a seizure notice, is not the registered owner according to MN DVS, the Forfeiture/Seized Property Reviewer will serve the registered owner a seizure notice via certified mail pursuant to MN Stat 169A.63 subd. 8(b) Vehicle Forfeiture, Administrative Forfeiture Procedure.
Administrative Forfeiture Procedure – Flee in Motor Vehicle
- Vehicles may be seized and are presumed under MN Stat 609.5312 Forfeiture of Property Associated With Designated Offenses to be subject to administrative forfeiture if the vehicle was used to commit or facilitate, or used during the commission of a violation of MN Stat. 609.487 Fleeing Peace Officer; Motor Vehicle; Other.
- When a vehicle is seized for fleeing a police officer, the peace officer making the seizure must complete the “Notice of Seizure Motor Vehicle Fleeing Police Officer” form. This form must be completely filled out and issued immediately.
- The individual from whom the property is being seized must be given an opportunity to sign the seizure notice form.
- If the person refuses, the peace officer conducting the seizure must acknowledge on the form, the refusal to sign.
- The form shall be immediately distributed as directed on the form as the vehicle owner is entitled to a hearing within 96 hours, per MN Stat 609.5312 subd 4(b) Forfeiture of Property Associated With Designated Offenses, Vehicle Forfeiture for Fleeing Peace Officer.
- Fax to Hennepin County Attorney’s office
- Fax to Forfeiture/Seized Property Reviewer
- Copy to driver of vehicle
- If the driver, who received a seizure notice, is not the registered owner according to MN DVS, the Forfeiture/Seized Property Reviewer will serve the registered owner a seizure notice via certified mail pursuant to MN Stat 169A.63 subd. 8(b) Vehicle Forfeiture, Administrative Forfeiture Procedure.
Administrative Forfeiture Procedure – Drive by Shooting
- Vehicles may be seized and are presumed under MN Stat 609.5318 Forfeiture of Vehicles Used in Drive-By Shootings to be subject to administrative forfeiture if the vehicle was used to commit or facilitate, or used during the commission of a violation of MN Stat. 609.66 subd. 1(e) Dangerous Weapons, Felony; Drive-By Shooting.
- When a vehicle is seized for drive by shooting, the peace officer making the seizure must complete the “Notice of Seizure Motor Vehicle Used in Drive by Shooting - Vehicles Used in Violation of MN Statues, Section 609.66 Subd. 1E” form. This form must be completely filled out.
- The form shall be distributed as follows:
- White and pink copies to Forfeiture/Seized Property Reviewer
- Yellow copy to driver of vehicle
- If the driver, who received a seizure notice, is not the registered owner according to MN DVS, the Forfeiture/Seized Property Reviewer will serve the registered owner a seizure notice via certified mail pursuant to MN Stat 169A.63 subd. 8(b) Vehicle Forfeiture, Administrative Forfeiture Procedure.
Administrative Forfeiture - Report Writing Requirements
- The Officer/Investigator seizing property shall complete a CAPRS supplement under the appropriate CCN.
- The supplement(s) must include a description of:
- the items seized,
- where the property is inventoried,
- the name(s) of the individual(s) served,
- the date the seizure form was served,
- the name of the serving peace officer and
- Whether or not the individual(s) signed the Notice of Seizure and Intent to Forfeit Property form.
- When practical, all reports dealing with seized property shall be completed within 24 hours of the seizure.
10-216 Witnesses
- Summary: Guidelines for approaching and handling witnesses.
- Effective Date: 11-07-2022
Purpose
- 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.
- The purpose of this policy is to ensure that witnesses are approached and handled in a respectful and constitutional manner.
Policy
Detention
- 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.
- 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.
- 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.
- 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
- Witnesses shall not be compelled to provide identification, solely because they are a witness to a crime.
- 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):
- Introducing or identifying themselves to the citizen and explain the reason for the contact as soon as practical (P&P 5-104).
- Asking for the person’s cooperation.
- Offering information on what will happen next.
- Providing transportation as necessary.
Interview Location
- 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.
- 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).
- If conducting an interview off-scene, the investigator shall arrange for transportation to and from the interview location, as needed by the witness.
- Investigators shall ensure the witness has access to restrooms, water or other things they may need, as the situation allows.
Definitions