7-328 - Missing Persons – Adults

The purpose of this policy is to establish guidelines and procedures for responding to and investigating reports of missing adults.

Jurisdiction

Jurisdictional conflicts are to be avoided when a person is reported missing.

1. Any missing person believed to be in imminent danger shall have a squad response and NCIC Entry protocol initiated, regardless of jurisdiction. Officers shall complete a Police Report with the code ARMISP.

2. If a missing person either resides in or was last seen in this jurisdiction, the MPD will immediately initiate the required reporting process.
3. If a person resides in this jurisdiction and was last seen in another jurisdiction, MPD will confer and coordinate with the law enforcement agency covering that jurisdiction.

Initial Response

Reporting and MECC Response

1. Adult missing person reports may be made at precinct desks, or a reporting party may call 911/the Minneapolis Emergency Communications Center (MECC).

1. If a missing person report is made at a precinct desk, the officer shall call MECC.

2. MECC will then dispatch a squad to the incident address.
3. A squad shall respond as soon as possible to verify the status of the missing person.

1. If the person is found at the incident scene, the report shall be considered unfounded.

2. If the officer confirms the person is missing, the officer shall inform notify MECC.

4. MECC staff, reporting officers, and investigators shall advise the reporting person to call 911 if the missing person returns or is located.

Scene of the Incident

Upon arriving at the incident address, officers shall:

Permission to search

If reasonable, officers shall ask for permission to search the residence to verify that the person is missing.

Confirm missing person status

Officers shall contact MECC Channel 7 upon determining whether the report of the missing person is confirmed or unfounded.

1. If no contact is made or the status of the missing person is not determined, officers shall notify MECC that the call was not serviced, so that MECC can attempt a callback and if necessary, return the call to pending until contact is made.

2. If the missing person report is determined to be unfounded, the officer shall inform MECC Channel 7 so that MECC can clear the missing person record from NCIC.

Complete a report

If the person is confirmed missing, officers shall complete a Police Report with the code MISPER or ARMISP (for “at-risk” missing people) and document if a search was conducted and who gave consent.

1. The report shall include the following information regarding the missing person:

• Complete name (including any aliases or nicknames).
• Date of birth.
• Full physical description (including height, weight, hair/eye color, scars, marks or tattoos).
• Clothing description (if available).
• Driver license and Social Security numbers (if available).
• Date of last contact.

2. The report shall include the following information regarding the reporting party:

• Complete name.
• Date of birth.
• Address and contact phone number(s).

3. The report shall also include a description of circumstances relating to the missing person including any prior disappearances or “at-risk” factors.

Broadcast description

Officers shall decide if it is necessary to request that MECC broadcast a description.

Determine “at-risk” status

While conducting the initial investigation, responding officers shall determine whether the missing person is considered “at-risk.”

1. An adult shall be considered “at-risk” when one or more of the following suspicious or unusual circumstances are present:

1. The person is:

• A vulnerable adult (MN Statute section 626.5572 and see P&P 7-344).
• In a life-threatening situation.
• Dependent on a care provider.
• Taking critical medication.
• Believed to be with people who could endanger the missing person’s welfare.
• A potential victim of foul play or sexual exploitation (as suggested by credible information).
• Absent under circumstances inconsistent with established patterns of behavior. OR

2. The missing person’s disappearance involves circumstances that would cause a reasonable person to conclude that the missing person should be considered at-risk.

2. If the missing person is determined to be “at-risk,” the officers shall contact and inform the on-duty precinct shift supervisor of the circumstances.
3. The officers shall describe the reasons for their determination in their Police Report.
4. The code ARMISP shall be used for the Police Report if the missing person is determined to be “at-risk.”

At-risk missing person response

If a missing person is determined to be “at-risk,” the following shall occur:

1. The Precinct Shift Supervisor shall notify the MECC on-duty supervisor that the person has been determined to be “at-risk” (MECC can add an alert to the call as necessary).

2. The Precinct Shift Supervisor shall notify the Watch Commander or Inspector (when the Watch Commander is not on duty), and Car 710/Car 712.
3. The supervisor shall evaluate facts as they are known at the time and determine if the totality of the circumstances requires further action.

1. Depending on the situation, the supervisor may determine that additional personnel, including specialized units, should be called to the scene or otherwise assist in the investigation (including the Watch Commander or Car 710/Car 712).
2. The supervisor may also determine that using the MN Crime Alert Network (see Section 8-202 Amber Alerts and MNCAN Activations) is necessary.

4. If further action is needed, the Precinct Shift Supervisor shall assume Incident Command of the call and:

1. Coordinate search and investigative efforts, and through the Precinct Lieutenant or Watch Commander request additional resources deemed necessary.
2. The Watch Commander will monitor the missing person case and assist the Incident Commander with resource management.
3. Ensure that Precinct or Patrol responders continue the response and search.

• Investigators are there to assist the Incident Commander with the search.

4. At the time the missing person is found or located, contact MECC to provide a brief summary and request MECC make required notifications.

5. The “at-risk” missing person case shall be noted on the Watch Commander Log and the Precinct shift bullets.

NCIC Entry

1. Missing adults of any age (over 18) will be entered into NCIC by MECC immediately after the report is made, or within 2 hours of the time reported if the report or squad was delayed. A copy of the NCIC Initial Entry Report is available for guidance on the MPD’s intranet under “Forms.”

2. For all missing adult cases officers shall contact MECC Channel 7 upon determining whether the report of the missing person is confirmed or unfounded.

1. If no contact is made or the status of the missing person is not determined, officers shall notify MECC that the call was not serviced, so that MECC can attempt a callback and if necessary, return the call to pending until contact is made.

1. MECC will enter the missing person into NCIC within 2 hours of the time reported, including cases where the status of the missing person has not been confirmed.
2. If the missing person report is determined to be unfounded, the officer shall inform MECC Channel 7 so that MECC can clear the missing person record from NCIC.

Investigating Missing Persons

Responsibility for investigation

1. The respective precincts shall be responsible for the follow-up investigations on all adult missing person cases.

2. If the initial investigator determines there is information that the case might be a homicide, they shall then route the case to the Homicide Unit.

Contact reporting party

1. The investigator shall contact the reporting party by phone or in-person within 24 hours of the initial contact by the reporting party, or as soon as reasonably possible.

2. The time and summary of the contact shall be documented in the case file for Audit purposes.

Follow-up investigation

1. The investigator shall determine if the person has returned or if additional information is available and shall contact the Terminal Agency Coordinator (TAC) in the Business Technology Unit (BTU) or MECC if changes need to be made in the NCIC entry.

2. The investigator shall perform necessary follow-up as prompted by the nature of the case.

1. The investigator shall document in the case file all systems used during the investigation and follow-up.

2. At a minimum, RMS, DVS, Criminal History and the Jail Management System information must be available in the case file for audit purposes.

Provide materials to reporting person

1. The investigator shall provide the following materials (available on the MPD intranet under “Forms”) to the reporting person no later than two weeks after the date of the NCIC entry:

• A packet titled “NCIC Missing Person File Data Collection Entry Guide.”

2. The investigator shall document in the Police Report the date these materials were distributed.
3. The Missing Person Data Collection Guide shall be kept on file with the Terminal Agency Coordinator (TAC) in the Business Technology Unit (BTU) once it is returned to the MPD.

Missing person located

1. Officers receiving information that a missing person has been located shall add a narrative text to the Police Report documenting the circumstances.

2. The supervisor approving the Police Report change shall notify the assigned investigator regarding the change in status of the missing person.
3. The investigator shall contact the Terminal Agency Coordinator (TAC) in the Business Technology Unit (BTU) to ensure the NCIC entry has been removed.

Kidnapping

1. Officers responding to a reported kidnapping shall conduct a preliminary investigation and shall complete a Police Report entitled "Kidnapping".

1. When a juvenile has been taken by a person determined to be a non-custodial parent or other family member (in accordance with P&P 7-318 Custody of Children), officers shall complete a Police Report entitled "Deprivation of Custodial or Parental Rights".
2. In each of the above cases the assigned investigator shall mail a BCA Missing Person Photo Request Form to the parent or other reporting person.
3. For incidents regarding the abduction or kidnapping where the victim is 17 years or younger, refer to P&P 8-202 Amber Alerts.

• Amber Alert: Utilizes the State's Emergency Alert System (EAS) and Minnesota Crime Alert Network (MNCAN). It allows law enforcement agencies to collaborate with local broadcasters through the use of an early-warning system to alert the public when a child is in danger.
• 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.
• 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.
• Incident Commander:

  The Incident Commander (IC) is the first officer or supervisor to arrive on the scene of a call for service where multiple units, scenes, or assisting agencies are dispatched. The Incident Commander has overall command of the incident, until properly relieved by a supervisor of higher rank if necessary, and will be based at the incident command post. The priorities of the Incident Commander include:

  1. Assess incident priorities.
  2. Determine strategic goals and tactical objectives, not related to the operations of SWAT or ESU personnel.
  3. Identify a staging area, if needed.
  4. Develop and implement incident action plan.
  5. Develop appropriate incident management structure.
  6. Assess resource needs.
  7. Coordinate overall on-scene emergency activities.
  8. Authorize information to be released to the media.
• 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.
• Juvenile: An individual who is under the age of eighteen (18) years.
• 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.
• 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.
• Parent/Legal Guardian: "Parent" means the birth or adoptive mother or father of a child and does not apply to a person whose parental rights have been terminated in relation to the child. A legal "guardian" is a person who has been appointed by a judge or social services agency, to take care of a minor child (to include foster parents).
• 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.
• Totality of the Circumstances: All facts known to the member at the time, including the conduct of both the member and the person leading up to the action (such as the use of force).
• Vulnerable Adult:

  As defined by MN Statute section 626.5572 Subd. 21, a Vulnerable Adult is any person 18 years of age or older who:

  1. Is a resident or inpatient of a facility (as defined in MN Statute section 626.5572 Subd. 6);
  2. Receives services at or from a facility required to be licensed to serve adults under MN Statute sections 245A.01 to 245A.15,
     except that a person receiving outpatient services for treatment of chemical dependency or mental illness, or one who is committed as a sexual psychopathic personality or as a sexually dangerous person under MN Statute chapter 253B, is not considered a vulnerable adult unless the person meets the requirements of clause 4;
  3. Receives services from a home care provider required to be licensed under MN Statute sections 144A.43 to 144A.482; or from a person or organization that exclusively offers, provides, or arranges for personal care assistance services under the medical assistance program as authorized under MN Statute sections 256B.0625 Subd. 19a, 256B.0651 to 256B.0654, and 256B.0659;
  4. Regardless of residence or whether any type of service is received, possesses a physical or mental infirmity or other physical, mental, or emotional dysfunction:
     1. That impairs the individual's ability to provide adequately for the individual's own care without assistance, including the provision of food, shelter, clothing, health care, or supervision; and
     2. Because of the dysfunction or infirmity and the need for assistance, the individual has an impaired ability to protect the individual from maltreatment.