9-302 - Arrest Warrants

The purpose of this policy is to establish conventions surrounding the arrest warrant procedure within the MPD.

Legal Principles

In accordance with P&P 5-102:

1. “Members shall not arrest any person or search any premises except with a warrant or where such arrest or search is authorized without warrant under the laws of the United States.”
2. “Members shall not knowingly restrict the freedom of individuals, whether by arrest or detention, in violation of the Constitutions and laws of the United States and the State of Minnesota.”

Serve Within Minnesota

MPD members may serve warrants within the State of Minnesota.

Confirm Warrant

1. Members in contact with a person suspected to be wanted on a warrant shall confirm that the warrant exists through MECC.

2. If a warrant is from out of state, members shall obtain the number of the warrant from MECC and provide it to personnel at the HCADC.

Suspect photographs or briefing sheets

If available, suspect photographs or briefing sheets should be obtained prior to serving felony warrants or when attempting felony pick-ups.

Announce Arrest and Inform Subject of Warrant

In accordance with MN Statute section 629.32 and P&P 5-301, the officer shall inform the subject that the officer is acting under a warrant, and shall show the subject the warrant if requested to do so. An arrest by an officer acting under a warrant is lawful even though the officer does not have the warrant in hand at the time of the arrest, but if the arrested person so requests the warrant must be shown to that person as soon as possible and practicable. An officer may lawfully arrest a person when advised by any other peace officer in the state that a warrant has been issued for that person.

Note: The member can show the warrant via the squad computer.

Using Force to Make Arrest

Force may only be used to make an arrest in accordance with P&P 5-300, and Federal, State and local laws.

Time of Arrest Warrant Service

Misdemeanor arrest warrants

In accordance with MN Statute section 629.31, an arrest may for a misdemeanor may only be made during the hours of 8:00 am and 10:00 pm and only on the days of Monday through Saturday, subject to the exceptions below:

1. An arrest for a misdemeanor may be made on Sunday or between 10:00 p.m. and 8:00 a.m. on any other day when the judge orders in the warrant that the arrest may be made between those hours; or

2. when the person named in the warrant is found on a public highway or street.

Gross misdemeanor and Felony arrest warrants

In accordance with MN Statute section 629.31, an arrest for a felony or gross misdemeanor may be made on any day and at any time of the day or night.

Transport

If a warrant does exist for the individual, the suspect shall be transported to the Hennepin County Adult Detention Center (HCADC).

Warrant Processing- Additional Charges

Members arresting a suspect who also has outstanding warrants, may process the suspect on both the warrant and the additional offense.

• 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.