9-100 Adult Arrests
9‑101 FELONY ARRESTS – ADULTS (
All probable cause adult felony arrests must be authorized at the scene of arrest whenever possible. In the event the supervisor is unable to respond to the scene of the arrest, authorization may be given by radio, telephone or MDT/MDC. The probable cause felony arrest may be authorized by:
· The arresting officer's supervisor, or
· An investigator from the concerned investigative unit/division, or
· Any other supervisor
Supervisors will add their remarks via MDT/MDC to indicate their approval of probable cause and also whether they made the approval at the scene or via radio/telephone or MDT/MDC.
Arrests made on the basis of warrants or PC pickups do not require supervisor’s approval.
Prior to transporting arrestees to Hennepin County Adult Detention Center (HCADC), officers should consider a debriefing session. Arrestees shall be taken to HCADC for processing unless requested to be transported to the concerned investigative unit.
The Authority to Detain form (HC 6377) shall be completed. The approving supervisor’s name and badge number must be listed in the remarks section of the Authority To Detain form. The name of the supervisor approving the arrest and continued detention of the suspect must be included in the narrative section of the CAPRS report.
The original will be left at the HCADC and the carbon copy shall be given to the Police Typist to accompany the CAPRS report. The 36-Hour Expiration Advisory (HC 6400) shall be completed. In order to comply with the Supreme Court imposed 48-Hour Rule, officers shall note the exact time of arrest. The time of arrest is not when the suspect was booked or when the reports were made. The original 36-Hour Expiration Advisory shall be left at HCADC and the carbon copy will be forwarded with the case to the appropriate investigative unit.
Arrests for criminal sexual conduct (CSC), including PC Pick-ups, require an officer to complete a Criminal Sexual Assault Victim Notification form (HC 6170).
9-101.01 FELONY AND GROSS MISDEMEANOR ARREST REPORT REQUIREMENTS PUBLIC INFORMATION – JUDICIAL PROBABLE CAUSE (05/29/02)
9-101.01 FELONY AND GROSS MISDEMEANOR ARREST REPORT REQUIREMENTS PUBLIC INFORMATION – JUDICIAL PROBABLE CAUSE (05/29/02)
For felony and gross misdemeanor arrests, the following guidelines apply:
In Supplement Zero (0) of the CAPRS data entry screen, a pre-written prompt entitled "Public Information" appears. Following this prompt, officers are to briefly detail an incident/arrest. No names, addresses or any other information that would identify a victim or witness shall be entered in this section of the report.
The next prompt is the Judicial Probable Cause Oath statement. Following this prompt, officers shall write approximately one to two paragraphs detailing the probable cause for the arrest.
Supplement One (1) of the CAPRS report shall describe the entire incident in detail.
In cases of an arrest based on a PC arrest bulletin (PC Pick-up), officers shall attach a PC Pick-up to the CAPRS report. Copies of the PC Pick-up may be obtained from the Transcription Unit’s file or MPD Net.
After administering a written or oral oath, peace officers can sign a written report of another officer for the purpose of providing probable cause for the underlying arrest.
Officers shall swear to and sign their Judicial Probable Cause statement in front of an MPD notary. Peace Officers can sign a Probable Cause statement written by another officer for the purpose of providing probable cause for arrest.
MPD notaries shall witness the swearing and signing, and after such fact, shall sign the statement with their signature, license number, and the date their license expires.
The senior officer making the arrest is responsible for making sure all Probable Cause statements are notarized.
Transcription Unit staff shall distribute the signed and sworn statements to the Criminal History Unit during weekend and holiday hours and to the investigative units during normal work hours.
Criminal History staff shall fill out the court form and attach it to the arrest report.
This policy also applies to felony arrests of juveniles and to gross misdemeanor arrests.
9‑102 GROSS MISDEMEANOR ARRESTS – ADULTS (05/29/02)
Supervisor approval is not needed for gross misdemeanor arrests. All other felony arrest procedures apply to gross misdemeanor arrests.
9‑103 MISDEMEANOR ARRESTS – ADULTS (05/29/02) (09/16/04) (09/14/18) (A-B) A. Non-Payable Offenses 1. Adult misdemeanor violators shall be issued citations in lieu of arrest unless the officer believes that one of the following circumstances exists: a. To prevent bodily harm to the accused or another. b. To prevent further criminal conduct. c. There is a substantial likelihood that the accused will fail to respond to a citation. d. The officer has found that the accused has an outstanding warrant (not including Sign and Release warrants). 2. Officers 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. B. Payable Offenses When the only misdemeanor charge is a payable offense, officers shall either issue a citation or refer the case for a complaint. C. 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 officer cannot establish proper identification of the accused person, and · The officer has a specific articulable reason to believe the identification information provided is false; a. The officer may transport the accused person to the Hennepin County Jail and the jail will use IBIS to identify them. b. Once the process is finished the officer shall issue the citation or forward for charging by complaint, and: i. Transport the person back to the original location; or ii. If requested, transport the person to another mutually agreed-upon location in Minneapolis in the general vicinity of the original location; or iii. If requested, release the person outside the Hennepin County Jail. c. If the person was not identified through IBIS, the officer shall still release the person after issuing the citation or forwarding for charging by complaint. 3. Officers 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.
9‑103 MISDEMEANOR ARRESTS – ADULTS (05/29/02) (09/16/04) (09/14/18)
A. Non-Payable Offenses
1. Adult misdemeanor violators shall be issued citations in lieu of arrest unless the officer believes that one of the following circumstances exists:
a. To prevent bodily harm to the accused or another.
b. To prevent further criminal conduct.
c. There is a substantial likelihood that the accused will fail to respond to a citation.
d. The officer has found that the accused has an outstanding warrant (not including Sign and Release warrants).
2. Officers 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.
B. Payable Offenses
When the only misdemeanor charge is a payable offense, officers shall either issue a citation or refer the case for a complaint.
C. 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 officer cannot establish proper identification of the accused person, and
· The officer has a specific articulable reason to believe the identification information provided is false;
a. The officer may transport the accused person to the Hennepin County Jail and the jail will use IBIS to identify them.
b. Once the process is finished the officer shall issue the citation or forward for charging by complaint, and:
i. Transport the person back to the original location; or
ii. If requested, transport the person to another mutually agreed-upon location in Minneapolis in the general vicinity of the original location; or
iii. If requested, release the person outside the Hennepin County Jail.
c. If the person was not identified through IBIS, the officer shall still release the person after issuing the citation or forwarding for charging by complaint.
3. Officers 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.
9‑104 ARRESTS FOR DRIVING WHILE INTOXICATED (DWI) (
When suspects are arrested for DWI, they shall be taken to the Chemical Testing office, Room 19, for testing and video taping procedures. Suspects may be released after testing and issued a citation if they meet the conditions for issuing a citation in lieu of arrest.
9-104.01 ARRESTS FOR CRIMES OF VIOLENCE (
Minn. Stat. §629.72 requires that victims of crimes of violence be notified of an arrested person’s release. Domestic assault victims must also be notified of other relevant case information.
In order to comply with these laws, officers shall complete a Crime of Violence/Attempt Crime of Violence Information Form (HC 6194). This form shall be left at HCADC when the suspect is booked.
When a juvenile is booked at the Juvenile Detention Center for a crime of violence, a Victim Information Form must be completed. The forms are available at the
9‑105 ARREST REPORTS/ADULT DETENTION CENTER (
MPD is required to provide HCADC with a copy of the arrest report. Arrest reports are automatically routed to HCADC via the CAPRS system.
In the event that the CAPRS system is down, arrest reports shall be entered off-line and printed. Officers shall deliver a photocopy of the arrest report to HCADC.
9‑106 CITATIONS IN LIEU OF ARREST AND ARREST REPORTS (
A CAPRS report must be completed when a citation is issued for the following:
· A non‑traffic offense;
· A traffic offense charged in connection with an accident;
· Any citizen's arrest;
· Driving after Revocation (DAR);
· Driving after Suspension (DAS);
· Driving after Cancellation (DAC);
· On charges of DWI, Careless Driving, Reckless Driving or any violation of the Open Bottle law.
NOTE: See Volume 8 for procedures for handling Juvenile traffic, criminal and status offenses.
9‑107 CITIZEN'S ARRESTS (
Citizen arrests for misdemeanor crimes can only be made when the crime was committed in the complainant’s presence.
Citizens making arrests must complete a Citizen’s Arrest Form (MP-3406). Security personnel from businesses that make arrests on a regular basis may be allowed to use the standard CAPRS offense report instead of the Citizen's Arrest form.
Officers shall determine whether the circumstances justify taking the accused into custody. If officers feel that the arrest is illegal, the officer shall refer the complainant to the City Attorney's Office.
If the accused is to be taken into custody, officers shall verify the identity of the complainant and assist in completing the Citizen's Arrest Report. Complainants should be advised that the City Attorney will notify them if a formal complaint is needed.
Note: See Manual Section for Citizen's Arrest - Traffic Violation.
9-108 ARREST OR DETENTION OF INJURED ADULTS (05/29/02) (05/19/08) (06/13/14)
A. Adult arrestees, who are in need of medical attention and are not cleared for booking by EMS or jail staff shall be transported to Hennepin County Medical Center (HCMC) or to a local hospital for medical evaluation and treatment.
B. Arrested subjects who have a high probability of requiring hospitalization, including those with known or suspected drug ingestion, shall be brought to HCMC whenever possible. Note: HCSO’s contract is with HCMC and they prefer to take custody of arrestees at HCMC.
C. Officers are responsible for the custody of their arrestees while receiving medical attention.
D. If an injured arrestee is delayed at the hospital longer than the arresting officers are able to wait, officers shall contact a supervisor. Hospital personnel or hospital security will not hold or guard an arrestee.
E. Officers shall retain custody of arrested felons needing medical attention until the arrestee can be transported to HCJ.
F. In the case of felony arrestees admitted to the hospital, the arresting officers shall notify their on-duty supervisor, who shall then contact the on-duty jail supervisor to arrange for relief.
G. Officers assigned to the precinct where the arrest was made shall have custodial responsibility until properly relieved by the Hennepin County Sheriff’s Office (HCSO).
9‑109 HANDCUFFING ARRESTEES/DETAINEES (
All detainees/arrestees shall be handcuffed behind the back, unless a physical condition or other circumstances including sickness, injury or disability, does not allow for it. Handcuffs should also be double locked as soon as possible. Prisoners being transported to HCADC shall be handcuffed. Prisoners shall be handcuffed whenever taken outside the confines of the jail, except when handcuffing would deter the completion of an investigation.
Plastic handcuffs may be used to supplement standard handcuffs in emergency situations. They may also be used in mass arrest situations and are available in all sergeants' vehicles. Plastic handcuffs should not be used in felony arrests or for restraining mentally ill individuals.
9-110 PRISONER CONTROL, SAFETY AND TRANSPORTATION (05/29/02) (07/19/18)
A. When feasible, a two-officer squad shall be used to transport a felony prisoner.
B. One-officer squads may transport misdemeanor prisoners.
C. When feasible, a two-officer squad shall transport an arrestee of the opposite sex.
1. Officers transporting an arrestee of the opposite sex shall give MECC their destination and odometer reading.
a. Officers shall immediately notify MECC of any delay.
b. Upon arrival at their destination, officers shall notify MECC.
D. All prisoners shall remain within sight of the transporting officers at all times until the custody of the prisoner is transferred to a responsible authority, except in emergency situations.
E. Transporting officers are responsible for ensuring the safety of their prisoners.
- Prisoners shall be secured with fastened seatbelts during transport in any vehicle equipped with seat belts.
a. If the vehicle is not equipped with seat belts in the transportation area, officers shall document in their report the lack of seat belts and the reason(s) that particular vehicle was used for the transport.
b. If circumstances prevent officers from safely securing the prisoner, the prisoner will be transported unsecured. The officers must document the specific reason(s) for the unsecured transport in their report.
- Transporting officers shall not stop or interrupt prisoner transport responsibilities unless exigent circumstances exist and the risk to the prisoner is minimal.
- Under no circumstances shall a prisoner be transported in the prone position. (06/13/14)
F. When transporting prisoners to a detention facility, officers shall comply with MPD rules, regulations and requirements until the prisoner is secure within the destination facility. Officers will then comply with the rules, regulations and procedures of the receiving facility. (06/13/14)
G. Once the subject is secured, an officer shall watch for any of the following signs: (06/13/14)
· Significant change in behavior or level consciousness;
· Shortness of breath or irregular breathing;
· Seizures or convulsions;
· Complaints of serious pain or injury; and/or
· Any other serious medical problem.
H. If officers observe any serious medical issue, they shall immediately contact EMS or transport directly to a local hospital. Officers shall also notify a supervisor. (06/13/14)
I. In the event of a prisoner escape during transport, the transporting officers shall immediately do the following:
1. Notify the dispatcher of the event and location.
2. Attempt pursuit if possible.
3. Notify a supervisor or proper jurisdictional authority of the escape.
4. Complete the original arrest report, noting the escape from custody.
9‑111 LEGISLATIVE IMMUNITY (05/29/02)
Officers shall observe legislators' privilege from arrest as set forth in the State of
"The members of each house shall in all cases, except treason, felony, and breach of the peace be privileged from arrest during the session of their respective houses, and in going to or returning from the same."
9‑112 DIPLOMATIC AND CONSULAR IMMUNITY (
Under international and federal law, diplomatic and consular officials are granted varying degrees of immunity and personal inviolability (i.e. freedom from arrest, detention, search etc.) depending on the position they hold. However, the privilege of personal inviolability must be balanced with the responsibility of the
1. Diplomatic agents, family members recognized as part of their household, and members of their administrative and technical staff and their households enjoy full immunity from arrest, detention, criminal prosecution, and search of their person, property or residence.
Members of their service staff have no privileges or immunities except for immunity from prosecution for acts related to performance of their official duties. Family members of the service staff have no privileges or immunity.
Family members of diplomatic agents who are also
2. Consular officials, their families and staffs have no privileges or immunity related to arrest, detention, or search and seizure. The only exception is that career consular officers enjoy immunity from arrest unless the arrest is pursuant to a felony warrant.
The only authoritative document that can reliably identify a diplomatic or consular official is the identity card issued by the Department of State, Protocol Office. Other documents such as foreign diplomatic passports,
The on‑duty Watch Commander must be notified of any incidents involving diplomats or consular officials. These incidents must still be fully documented on the CAPRS reports. The federal government, acting through the State Department may be able to take corrective action against foreign diplomats who violate
9‑113 ARREST AND/OR DETENTION OF FOREIGN NATIONALS (
It is the obligation of the United States, including local municipalities, to notify foreign authorities when foreign nationals are arrested or otherwise detained.
If a foreign national is arrested or detained, the following must be done:
1. Immediately inform the foreign national of his/her right to have his/her government notified concerning the arrest or detention.
2. If the foreign national asks that such notification be made, do so without delay by informing the consulate or embassy.
3. In the case of certain countries, such notification must be made without delay regardless of whether the arrestee/detainee so wishes. The Operations Development Unit and MECC have a copy of the Foreign Consular Offices in the
· Antigua and Barbuda
· Cost Rica
· Czech Republic
· Hong Kong
· Poland (only non-permanent residents)
· Russian Federation
· St. Kitts/Nevis
· St. Lucia
· St. Vincent/Grenadines
· Sierra Leone
· United Kingdom
Foreign consular officials have the right to visit their arrested/detained nationals unless the arrestee/detainee objects to such visits.
9-114 POLICE AUTHORITY IN IMMIGRATION MATTERS (05/29/02) (04/02/18)
A. The United States Code, 8 U.S.C. §1101, empowers the U.S. Citizenship and Immigration Services (USCIS) and Immigration and Customs Enforcement (ICE), Department of Homeland Security, as the sole authority in immigration matters.
B. The MPD works cooperatively with all federal agencies, but the MPD does not operate its programs for the purpose of enforcing federal immigration laws. In addition, City of Minneapolis Ordinance §19.30 prohibits undertaking “any law enforcement action for the purpose of detecting the presence of undocumented persons, or to verify immigrations status,” except for a narrow exception for enforcing criminal laws such as relating to human trafficking and smuggling where immigration status is an element of the crime.
C. Officers shall not undertake any law enforcement action for the purpose of detecting the presence of undocumented persons, or to verify immigration status, including but not limited to questioning any person about their immigration status.
1. The only exception to this prohibition is when immigration status is an element of a crime. This is a very limited exception and applies only to the types of federal crimes prohibited under 8 U.S.C. §1324, that relate to the crimes of human trafficking and smuggling.
2. When questioning, arresting, or detaining any person under this exception, the officer must articulate and document the reason the officer believes the exception applies.
D. Officers will take reports for missing, lost or stolen identification cards for foreign nationals in accordance with P&P 4-600 Specific Report Policies and Procedures.
9-115 FEDERAL PRISONERS - INCLUDING AWOLS (
For the purposes of this section, AWOL is Absent Without Leave from Military Service.
If an officer has a prisoner that they believe has a federal warrant, the officer shall confirm the warrant with Channel 7. The prisoner shall be transported to the
Last updated Sep 14, 2018