7-346 - Trespass

A person can never be issued a trespass notice for a public sidewalk, nor can they be trespassed from a public sidewalk.

1. If a property owner or authorized agent of the owner legally requests that a person be trespassed from their property, officers shall require that the property owner/agent complete and sign a trespass notice.

1. This form can be supplied by the owner/agent or a MPD Trespass form (MPD-9018) can also be used.
2. Once the form is completed it must be given to the offender by the officer or property owner/agent with an explanation of the conditions.

1. If an officer is working in off-duty/part-time capacity, they can complete and issue trespass notices to the offender provided the officer has been given express consent by the property owner to do so and there is a valid legal reason to do so. This only applies when the officer is working in an off-duty capacity.
2. The officer should be prepared to report who gave them such consent and when it was given.

1. When an officer observes or responds to a call of a non-authorized person present on property that has been properly posted with “Minneapolis Police No Trespassing” or “MNDOT No Trespassing” signage, the officer shall:

1. Determine if there is any legal justification for the person to be on the property.
2. Determine if the person had notice or should have had notice they were not allowed on the property. This includes documenting the number and location of the “No Trespassing” signs.

2. If the person had proper notice and understanding of the notice, proper enforcement action (citation or arrest) can occur.
3. If the person did not have proper notice or understanding, the officer shall properly advise the person that they cannot be on the property.

Verbally read notice

1. Officers shall verbally read to the offender:

1. The trespass notice, word-for-word.

Or

2. At a minimum, the portion of the notice (verbatim) stating that the offender must leave and not return for the specified time.

2. In either case, the verbal reading shall inform the offender that they “must leave” and that they “must not return” for the specified time period. Using the phrase “trespassed” is not sufficient.
3. In both cases, the officers should then ask the offender to confirm that person’s understanding.
4. The written notice shall still always be served on the person and their acceptance of the notice sheet shall be documented.

Report required

A Police Report is required if any enforcement action is taken (citation or arrest).

Documentation

1. Document in Police Report

When taking appropriate enforcement action (citation or arrest) officers shall document the following information in the Police Report:

• the name of the property owner/authorized person that approved the trespass notice,
• the number and placement of “no trespassing” signs,
• the portion of the notice that was read verbatim,
• that the person was in a position to have heard it read verbally (e.g. no excessive noise, no evidence the person was hard of hearing, the person appeared to be paying attention, etc.),
• that the person acknowledged that they understood what was read (if applicable),
• the offender’s acceptance of the notice sheet,
• the date the applicable notice was issued to the offender, and
• the name of property owner/authorized person that is asking for the current trespass to be enforced.

2. Document on trespass notice

The listed information shall also be documented on the trespass notice whenever feasible.

Body worn cameras

Officers shall ensure their body worn cameras are activated and capture the officers verbally reading the required language and serving the notice (in accordance with P&P 4-223).

Inventory notice

1. Any time enforcement action is taken (citation or arrest), a copy of the written trespass notice shall be scanned and attached to the Police Report.
2. The original notice shall be sent to the Property and Evidence unit for verification.

Charging under Statute or Ordinance

1. MN Statute section 609.605 is generally (but not exclusively) used for charging persons refusing to leave upon demand of a lawful possessor or returning after a demand to depart and not return for one year. The State statute is enhanceable to a gross-misdemeanor after a person has been convicted two times.
2. Minneapolis City Ordinance 385.380 is generally employed for charging violations of Minneapolis No Trespassing signs, and is not enhanceable.

Officers must list a Rule 6 reason for continued detention on the authority to detain. If no Rule 6 reason is listed, the offender will be released without bail.