10-216 - Witnesses

1. 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.

2. The purpose of this policy is to ensure that witnesses are approached and handled in a respectful and constitutional manner.

Detention

1. 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.

2. 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.
3. 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.
4. 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

1. Witnesses shall not be compelled to provide identification, solely because they are a witness to a crime.

2. 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):

1. Introducing or identifying themselves to the citizen and explain the reason for the contact as soon as practical (P&P 5-104).

2. Asking for the person’s cooperation.
3. Offering information on what will happen next.
4. Providing transportation as necessary.

Interview Location

1. 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.

2. 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).
3. If conducting an interview off-scene, the investigator shall arrange for transportation to and from the interview location, as needed by the witness.
4. Investigators shall ensure the witness has access to restrooms, water or other things they may need, as the situation allows.

• 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.