5-104 - Impartial and Professional Policing

1. The reality or public perception of racial profiling alienates people from police, hinders community policing efforts, and causes law enforcement to lose credibility and trust among the people law enforcement is sworn to protect and serve.
2. This anti-racial profiling policy is established in accordance with MN Statute section 626.8471 Subd. 4 to govern the conduct of peace officers engaged in stops of citizens and other law enforcement actions.

1. It is the policy of the Minneapolis Police Department to reaffirm our commitment to impartial policing and to reinforce procedures that serve to assure the public we are providing service and enforcing laws in a fair and equitable manner to all.
2. It is the policy of the Minneapolis Police Department that every aspect of our professional service must demonstrate our commitment to procedural justice, which means to treat others with dignity, giving them voice and respect, being neutral in our decision-making and working to build trust.
3. Every employee of this department shall perform their duties in a fair and objective manner.

Impartial Policing

1. Policing impartially, not racial profiling, is standard procedure for the MPD, meaning:

Investigative detentions, pedestrian and vehicle stops, arrests, searches and property seizures by peace officers will be based on a standard of reasonable suspicion or probable cause in accordance with the Fourth Amendment of the United States Constitution and Article 1, Section 10 of the MN Constitution, and peace officers must be able to articulate specific facts, circumstances and conclusions that support reasonable suspicion or probable cause for investigative detentions, pedestrian and vehicle stops, arrests, nonconsensual searches and property seizures.

2. Except as provided below, peace officers shall not consider race, ethnicity, color, national origin, ancestry, immigration status, gender identity or expression, age, creed, religion, sexual orientation, marital status, parental status, disability (including pregnancy), genetic information, veteran’s status, status with regard to public assistance, and any other protected class status under state, federal, and local laws in establishing either reasonable suspicion or probable cause:

1. Peace officers may take into account the reported descriptors above of a specific suspect or suspects using credible, reliable, recent, locally-based information that links specific, suspected, unlawful or suspicious activity to a particular individual or group of individuals.
2. This information may be used in the same way officers use specific information regarding age, height, weight, etc. about specific suspects.

Professional Policing

In an effort to prevent the perception of biased law enforcement peace officers shall use the following practices when contacting any citizen, regardless of the reason for the contact:

1. Be courteous, respectful, polite and professional.

2. Introduce or identify themselves to the citizen and explain the reason for the contact as soon as practical, unless providing this information will compromise the safety of officers or other persons.
3. Ensure that the length of any detention is no longer than necessary to take appropriate action for the known or suspected offense.
4. Attempt to answer any relevant questions that the citizen may have regarding the citizen/officer contact, including relevant referrals to other agencies when appropriate.
5. Provide their name and badge number when requested, preferably in writing or on a business card.
6. Explain and/or apologize if the officers determine that the reasonable suspicion was unfounded (e.g. after an investigatory stop).
7. If asked, provide the procedures for filing a complaint about police services or conduct, in accordance with P&P 2-104.

Supervisor Responsibility

Supervisors shall ensure all personnel in their command are familiar with the content of this policy and are in compliance.

Duty to Report

Employees shall promptly report any suspected or known instances of bias-based policing to a supervisor (in accordance with P&P 2-101).

Duty to Intervene

Employees shall intervene, when reasonable to do so, to prevent any biased-based actions by another employee (P&P 2-102).

Report Violations to POST

1. Alleged violations of this policy shall be reported to POST in accordance with the reporting requirements in MN Statute section 626.8457.

2. Internal Affairs shall coordinate the required reporting to POST.

• Gender Identity: A person's actual or perceived self-image or identity as expressed through dress, appearance, behavior, speech or similar characteristics, whether or not traditionally associated with the person's physical anatomy, chromosomal sex, or sex at birth.
• Minnesota Peace Officer Standards and Training: Oversees law enforcement licensing and training requirements for law enforcement agencies and officers.
• 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.
• Protected Class Status: Protected classes and statuses include race, ethnicity, color, national origin, ancestry, immigration status, sex, gender identity or expression, age, creed, religion, sexual orientation, marital status, parental status or familial status, disability (including pregnancy), genetic information, veteran's status, status with regard to public assistance, and any other protected class status under state, federal, and local laws.
• Racial Profiling:

  Has the meaning given to it in MN Statute section 626.8471, Subd. 2, which states:

  1. "Racial profiling" means any action initiated by law enforcement that relies upon the race, ethnicity, or national origin of an individual rather than:
     1. the behavior of that individual; or
     2. information that leads law enforcement to a particular individual who has been identified as being engaged in or having been engaged in criminal activity.
  2. Racial profiling includes use of racial or ethnic stereotypes as factors in selecting whom to stop and search.
  3. Racial profiling does not include law enforcement's use of race or ethnicity to determine whether a person matches a specific description of a particular subject.
• Sexual Orientation: Having or being perceived as having an emotional, physical, or sexual attachment to another person without regard to the sex of that person or having or being perceived as having an orientation for such attachment.