9-103 - Misdemeanor Arrests – Adults

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

Non-Payable Offenses

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

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

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

Payable Offenses

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

Proper Identification

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

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

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

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

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

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

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

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

Definitions

Refer to the Commonly Used Terms page for general definitions.