Brooklyn Center MN Police Policy Manual

Brooklyn Center Police Department
Brooklyn Center PD Policy Manual
LAW ENFORCEMENT CODE OF ETHICS

As a law enforcement officer, my fundamental duty is to serve the community; to safeguard
lives and property; to protect the innocent against deception, the weak against oppression or
intimidation and the peaceful against abuse or disorder; and to respect the constitutional rights
of all to liberty, equality and justice.
I will keep my private life unsullied as an example to all and will behave in a manner that does
not bring discredit to me or to my agency. I will maintain courageous calm in the face of danger,
scorn or ridicule; develop self-restraint; and be constantly mindful of the welfare of others. Honest
in thought and deed both in my personal and official life, I will be exemplary in obeying the law
and the regulations of my department. Whatever I see or hear of a confidential nature or that is
confided to me in my official capacity will be kept ever secret unless revelation is necessary in
the performance of my duty.
I will never act officiously or permit personal feelings, prejudices, political beliefs, aspirations,
animosities or friendships to influence my decisions. With no compromise for crime and with
relentless prosecution of criminals, I will enforce the law courteously and appropriately without
fear or favor, malice or ill will, never employing unnecessary force or abuse and never accepting
gratuities.
I recognize the badge of my office as a symbol of public faith, and I accept it as a public trust to be
held so long as I am true to the ethics of police service. I will never engage in acts of corruption
or bribery, nor will I condone such acts by other police officers. I will cooperate with all legally
authorized agencies and their representatives in the pursuit of justice.
I know that I alone am responsible for my own standard of professional performance and will take
every reasonable opportunity to enhance and improve my level of knowledge and competence.
I will constantly strive to achieve these objectives and ideals, dedicating myself before God to my
chosen profession . . . law enforcement.
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Published with permission by Brooklyn Center Police
Department
BLANK FOR MISSION STATEMENT
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Department
Table of Contents
Law Enforcement Code of Ethics . . . . . . . . . . . . . . . . . . 1
Blank for Mission Statement . . . . . . . . . . . . . . . . . . . 2
Chapter 1 - Law Enforcement Role and Authority . . . . . . . . . . . . 8

100 - Law Enforcement Authority . . . . . . . . . . . . . . . . . . 9
101 - Chief Executive Officer . . . . . . . . . . . . . . . . . . . 11
102 - Oath of Office . . . . . . . . . . . . . . . . . . . . . 12
103 - Policy Manual . . . . . . . . . . . . . . . . . . . . . 13
Chapter 2 - Organization and Administration . . . . . . . . . . . . . 16

200 - Organizational Structure and Responsibility . . . . . . . . . . . . 17
201 - Departmental Directive and Special Orders . . . . . . . . . . . . 20
202 - Emergency Operations Plan . . . . . . . . . . . . . . . . . 21
203 - Training . . . . . . . . . . . . . . . . . . . . . . . 22
204 - Electronic Mail . . . . . . . . . . . . . . . . . . . . . 26
205 - Administrative Communications . . . . . . . . . . . . . . . . 28
206 - Supervision Staffing Levels . . . . . . . . . . . . . . . . . 29
207 - Permit to Carry a Pistol . . . . . . . . . . . . . . . . . . 30
208 - Retiree Concealed Firearms . . . . . . . . . . . . . . . . . 32
209 - Handgun Purchase and Transfer Permit . . . . . . . . . . . . . 34
Chapter 3 - General Operations . . . . . . . . . . . . . . . . . . 36

300 - Use of Force . . . . . . . . . . . . . . . . . . . . . . 37
301 - Use of Force - Administrative Review . . . . . . . . . . . . . . 44
302 - Handcuffing and Restraints . . . . . . . . . . . . . . . . . 46
303 - Control Devices . . . . . . . . . . . . . . . . . . . . . 50
304 - Conducted Energy Device . . . . . . . . . . . . . . . . . . 55
305 - Officer-Involved Shooting and Deaths . . . . . . . . . . . . . . 61
306 - Firearms . . . . . . . . . . . . . . . . . . . . . . . 71
307 - Vehicle Pursuits . . . . . . . . . . . . . . . . . . . . . 80
308 - Officer Response to Calls . . . . . . . . . . . . . . . . . . 90
309 - Domestic Abuse . . . . . . . . . . . . . . . . . . . . . 93
310 - Search and Seizure . . . . . . . . . . . . . . . . . . . 100
311 - Temporary Custody of Juveniles . . . . . . . . . . . . . . . 102
312 - Adult Abuse . . . . . . . . . . . . . . . . . . . . . . 111
313 - Discriminatory Harassment . . . . . . . . . . . . . . . . . 116
314 - Child Abuse . . . . . . . . . . . . . . . . . . . . . . 121
315 - Missing Persons . . . . . . . . . . . . . . . . . . . . 129
316 - Public Alerts . . . . . . . . . . . . . . . . . . . . . . 139
317 - Victim and Witness Assistance . . . . . . . . . . . . . . . . 143
318 - Hate or Prejudice Crimes . . . . . . . . . . . . . . . . . 146
319 - Conduct . . . . . . . . . . . . . . . . . . . . . . . 149
320 - Department Technology Use . . . . . . . . . . . . . . . . 157
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Department
321 - Report Preparation . . . . . . . . . . . . . . . . . . . 159

322 - News Media Relations . . . . . . . . . . . . . . . . . . 163
323 - Court Appearance and Subpoenas . . . . . . . . . . . . . . 167
324 - Mutual Aid and Outside Agency Assistance . . . . . . . . . . . . 172
325 - Registered Predatory Offender . . . . . . . . . . . . . . . . 174
326 - Major Incident Notification . . . . . . . . . . . . . . . . . 181
327 - Administration of Opioid Overdose Medication . . . . . . . . . . . 183
328 - Death Investigation . . . . . . . . . . . . . . . . . . . 185
329 - Identity Theft . . . . . . . . . . . . . . . . . . . . . 189
330 - Private Persons/Citizen's Arrests . . . . . . . . . . . . . . . 191
331 - Limited English Proficiency Services . . . . . . . . . . . . . . 193
332 - Communications with Persons with Disabilities . . . . . . . . . . . 200
333 - School Employee Arrest Reporting . . . . . . . . . . . . . . 209
334 - Pupil Arrest Reporting . . . . . . . . . . . . . . . . . . 210
335 - Biological Samples . . . . . . . . . . . . . . . . . . . 211
336 - Chaplains . . . . . . . . . . . . . . . . . . . . . . 213
337 - Child and Dependent Adult Safety . . . . . . . . . . . . . . . 219
338 - Service Animals . . . . . . . . . . . . . . . . . . . . 223
339 - Volunteer Program . . . . . . . . . . . . . . . . . . . . 226
340 - Native American Graves Protection and Repatriation . . . . . . . . . 232
341 - Off-Duty Law Enforcement Actions . . . . . . . . . . . . . . 234
343 - Medicine Collection Program . . . . . . . . . . . . . . . . 236
344 - Response to Drug Overdoses . . . . . . . . . . . . . . . . 238
Chapter 4 - Patrol Operations . . . . . . . . . . . . . . . . . . 242

400 - Patrol Function . . . . . . . . . . . . . . . . . . . . . 243
401 - Racial- or Bias-Based Profiling . . . . . . . . . . . . . . . . 245
402 - Roll Call Training . . . . . . . . . . . . . . . . . . . . 248
403 - Crime and Disaster Scene Integrity . . . . . . . . . . . . . . 249
404 - Emergency Operations Unit . . . . . . . . . . . . . . . . . 250
405 - Ride-Along Policy . . . . . . . . . . . . . . . . . . . . 260
406 - Hazardous Material Response . . . . . . . . . . . . . . . . 263
407 - Hostage and Barricade Incidents . . . . . . . . . . . . . . . 265
408 - Response to Bomb Calls . . . . . . . . . . . . . . . . . . 270
409 - Civil Commitments . . . . . . . . . . . . . . . . . . . . 274
410 - Cite and Release Policy . . . . . . . . . . . . . . . . . . 277
411 - Foreign Diplomatic and Consular Representatives . . . . . . . . . . 279
412 - Rapid Response and Deployment . . . . . . . . . . . . . . . 283
413 - Reporting Law Enforcement Activity Outside of Jurisdiction . . . . . . . 285
414 - Immigration Violations . . . . . . . . . . . . . . . . . . 286
415 - Emergency Utility Service . . . . . . . . . . . . . . . . . 291
416 - Patrol Rifles . . . . . . . . . . . . . . . . . . . . . . 292
417 - Aircraft Crashes . . . . . . . . . . . . . . . . . . . . 294
418 - Field Training Officer Program . . . . . . . . . . . . . . . . 297
419 - Obtaining Air Support . . . . . . . . . . . . . . . . . . . 300
420 - Contacts and Temporary Detentions . . . . . . . . . . . . . . 301
421 - Criminal Gangs . . . . . . . . . . . . . . . . . . . . . 305

Department
422 - Shift Supervision . . . . . . . . . . . . . . . . . . . . 309

423 - Mobile Video Recorders . . . . . . . . . . . . . . . . . . 310
424 - Mobile Digital Computer Use . . . . . . . . . . . . . . . . 320
425 - Foot Pursuits . . . . . . . . . . . . . . . . . . . . . 322
426 - Automated License Plate Readers (ALPR) . . . . . . . . . . . . 326
427 - Homeless Persons . . . . . . . . . . . . . . . . . . . . 330
428 - Criminal Conduct on School Buses . . . . . . . . . . . . . . 332
430 - Public Recording of Law Enforcement Activity . . . . . . . . . . . 333
431 - Bicycle Patrol Unit . . . . . . . . . . . . . . . . . . . . 336
433 - Medical Cannabis . . . . . . . . . . . . . . . . . . . . 339
435 - Civil Disputes . . . . . . . . . . . . . . . . . . . . . 342
436 - Crisis Intervention Incidents . . . . . . . . . . . . . . . . . 344
437 - First Amendment Assemblies . . . . . . . . . . . . . . . . 348
Chapter 5 - Traffic Operations . . . . . . . . . . . . . . . . . . 354

500 - Traffic Function and Responsibility . . . . . . . . . . . . . . 355
501 - Traffic Collisions . . . . . . . . . . . . . . . . . . . . 358
502 - Vehicle Towing . . . . . . . . . . . . . . . . . . . . . 362
503 - Vehicle Impound Hearings . . . . . . . . . . . . . . . . . 365
504 - Impaired Driving . . . . . . . . . . . . . . . . . . . . 367
505 - Traffic Citations . . . . . . . . . . . . . . . . . . . . . 373
506 - Disabled Vehicles . . . . . . . . . . . . . . . . . . . . 376
507 - Abandoned Vehicle Violations . . . . . . . . . . . . . . . . 377
508 - Snow Emergency Parking Prohibited . . . . . . . . . . . . . . 379
Chapter 6 - Investigation Operations . . . . . . . . . . . . . . . . 382

600 - Investigation and Prosecution . . . . . . . . . . . . . . . . 383
601 - Sexual Assault Investigations . . . . . . . . . . . . . . . . 387
602 - Asset Forfeiture . . . . . . . . . . . . . . . . . . . . 397
603 - Confidential Informants . . . . . . . . . . . . . . . . . . 405
604 - Eyewitness Identification . . . . . . . . . . . . . . . . . . 410
605 - Brady Material Disclosure . . . . . . . . . . . . . . . . . 414
606 - Scrap Metal Theft Investigation . . . . . . . . . . . . . . . . 416
Chapter 7 - Equipment . . . . . . . . . . . . . . . . . . . . 418

700 - Department-Owned and Personal Property . . . . . . . . . . . . 419
701 - Personal Communication Devices . . . . . . . . . . . . . . . 422
702 - Vehicle Maintenance . . . . . . . . . . . . . . . . . . . 426
703 - Vehicle Use . . . . . . . . . . . . . . . . . . . . . . 428
704 - Cash Handling, Security, and Management . . . . . . . . . . . . 432
Chapter 8 - Support Services . . . . . . . . . . . . . . . . . . 434

800 - Crime Analysis . . . . . . . . . . . . . . . . . . . . . 435
801 - Property and Evidence . . . . . . . . . . . . . . . . . . 436
802 - Records Division Procedures . . . . . . . . . . . . . . . . 452
803 - Restoration of Firearm Serial Numbers . . . . . . . . . . . . . 455
804 - Records Maintenance and Release . . . . . . . . . . . . . . 457

Department
805 - Protected Information . . . . . . . . . . . . . . . . . . . 469

806 - Computers and Digital Evidence . . . . . . . . . . . . . . . 473
807 - Animal Control . . . . . . . . . . . . . . . . . . . . . 478
808 - MNJIS Training and Certification Requirements . . . . . . . . . . 482
809 - Minnesota Bureau of Criminal Apprehension (BCA) . . . . . . . . . 485
809 - BCA Policies for FBI CJIS Audits, Audit Compliance and Audit Sanctions . . 511
810 - CJDN Network Security . . . . . . . . . . . . . . . . . . 516
811 - Appropriate Use of Systems and Data . . . . . . . . . . . . . 525
Chapter 9 - Custody . . . . . . . . . . . . . . . . . . . . . 531

900 - Temporary Custody of Adults . . . . . . . . . . . . . . . . 532
901 - Custody Searches . . . . . . . . . . . . . . . . . . . . 542
902 - Prison Rape Elimination . . . . . . . . . . . . . . . . . . 547
Chapter 10 - Personnel . . . . . . . . . . . . . . . . . . . . 557

1000 - Recruitment and Selection . . . . . . . . . . . . . . . . . 558
1001 - Evaluation of Employees . . . . . . . . . . . . . . . . . 567
1002 - Special Assignments and Promotions . . . . . . . . . . . . . 571
1003 - Grievance Procedure . . . . . . . . . . . . . . . . . . 573
1004 - Anti-Retaliation . . . . . . . . . . . . . . . . . . . . 576
1005 - Reporting of Employee Convictions and Court Orders . . . . . . . . 579
1006 - Drug- and Alcohol-Free Workplace . . . . . . . . . . . . . . 581
1007 - Sick Leave Policy . . . . . . . . . . . . . . . . . . . 585
1008 - Communicable Diseases . . . . . . . . . . . . . . . . . 587
1009 - Smoking and Tobacco Use . . . . . . . . . . . . . . . . 596
1010 - Personnel Complaints . . . . . . . . . . . . . . . . . . 597
1011 - Body Armor . . . . . . . . . . . . . . . . . . . . . 610
1012 - Personnel Files . . . . . . . . . . . . . . . . . . . . 612
1013 - Commendations and Awards . . . . . . . . . . . . . . . . 618
1014 - Fitness for Duty . . . . . . . . . . . . . . . . . . . . 625
1015 - Meal Periods and Breaks . . . . . . . . . . . . . . . . . 628
1016 - Lactation Break Policy . . . . . . . . . . . . . . . . . . 629
1017 - Payroll Records . . . . . . . . . . . . . . . . . . . . 631
1018 - Overtime Compensation Requests . . . . . . . . . . . . . . 632
1019 - Outside Employment . . . . . . . . . . . . . . . . . . 634
1020 - On-Duty Injuries . . . . . . . . . . . . . . . . . . . . 639
1021 - Personal Appearance Standards . . . . . . . . . . . . . . . 643
1022 - Uniform Regulations . . . . . . . . . . . . . . . . . . . 646
1023 - Police Explorers . . . . . . . . . . . . . . . . . . . . 652
1024 - Nepotism and Conflicting Relationships . . . . . . . . . . . . . 654
1025 - Department Badges . . . . . . . . . . . . . . . . . . . 657
1026 - Modified-Duty Assignments . . . . . . . . . . . . . . . . 659
1027 - Employee Speech, Expression and Social Networking . . . . . . . . 663
1028 - POST Licensing . . . . . . . . . . . . . . . . . . . . 667
1029 - Department Managed Social Media . . . . . . . . . . . . . . 669
1030 - Line-of-Duty Deaths . . . . . . . . . . . . . . . . . . . 673
1031 - Seat Belts . . . . . . . . . . . . . . . . . . . . . . 684

Department
Attachments . . . . . . . . . . . . . . . . . . . . . . . . 686
Model Sexual Assault Investigation Policy.pdf . . . . . . . . . . . . . 687
MN POST Professional Conduct of Peace Officers Model Policy.pdf . . . . . . 688

Department
Chapter 1 - Law Enforcement Role and Authority
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Department
Policy Brooklyn Center Police Department
100 Brooklyn Center PD Policy Manual
Law Enforcement Authority

100.1 PURPOSE AND SCOPE
The purpose of this policy is to affirm the authority of the members of the Brooklyn Center Police
Department to perform their functions based on established legal authority.
100.2 PEACE OFFICER POWERS

Licensed officers of this department are peace officers pursuant to Minn. Stat. § 626.84 Subd. 1.
100.2.1 ARREST AUTHORITY WITHIN THE JURISDICTION OF THE BROOKLYN CENTER

POLICE DEPARTMENT
Arrest authority of a full-time officer or part-time officer extends to any place within the jurisdiction
of the department when (Minn. Stat. § 629.34, Subd. 1 and Minn. Stat. § 629.40):
(a) Made pursuant to a warrant.
(b) The person is being arrested for a felony.
(c) The person is being arrested for a non-felony crime that was attempted or committed
in the officer’s presence.
(d) The person is being arrested for a non-felony crime that was not attempted or
committed in the officer’s presence but an arrest is permitted by statute (e.g., domestic
abuse, restraining order, and no contact order violations).
(e) The person is a juvenile committed to the custody of the commissioner of corrections
and committed a felony after he/she escaped from custody (Minn. Stat. § 609.485).
(f) There is reasonable cause to believe that the person to be arrested has committed or
attempted to commit theft from a merchant (Minn. Stat. § 629.366).
The arrest authority of a part-time peace officer is applicable only while on-duty (Minn. Stat. §
629.34, Subd. 1(b)).
100.2.2 ARREST AUTHORITY OUTSIDE THE JURISDICTION OF THE BROOKLYN

CENTER POLICE DEPARTMENT
Full- and part-time, on-duty officers may make an arrest outside the jurisdiction of the Brooklyn
Center Police Department (Minn. Stat. § 629.40):
(a) Anytime the officer may by law make an arrest for a criminal offense committed
within the jurisdiction of the Brooklyn Center Police Department, and the person to be
arrested escapes from custody or flees out of the officer’s jurisdiction.
(b) Whenever the officer is authorized by a court order.
(c) Under the same conditions as if the officer was in the jurisdiction of the department,
whenever the officer is acting in the course and scope of employment.
A full-time officer’s warrantless arrest authority when off-duty and outside the jurisdiction of the
department is limited to circumstances that would permit the officer to use deadly force under
Minn. Stat. § 609.066 (see the Use of Force Policy) (Minn. Stat. § 629.40, Subd. 4). Under any
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Department
Law Enforcement Authority
other circumstances, the full-time off-duty officer is limited to the same power as are members
of the general public.
An officer making an arrest should, as soon as practicable after making the arrest, notify the
agency having jurisdiction where the arrest was made.
100.2.3 GRANTING AUTHORITY TO OTHERS

An officer may summon the aid of private persons when making an arrest pursuant to a warrant
(Minn. Stat. § 629.30).
100.3 INTERSTATE PEACE OFFICER POWERS

Peace officer powers may be extended within other states:
(a) As applicable under interstate compacts and memorandums of understanding in
compliance with the laws of each state.
(b) When an officer enters Iowa or Wisconsin in fresh pursuit of a felony subject (Iowa
Code § 806.1; Wis. Stat. § 976.04).
(c) When an officer enters North Dakota or South Dakota in pursuit of a subject who
committed any offense (N.D.C.C. § 29-06-05; SDCL 23A-3-9; SDCL 23A-3-10).
Whenever an officer makes an arrest in another state, the officer shall take the offender to a
magistrate or judge in the county where the arrest occurred as soon as practicable (Iowa Code §
806.2; N.D.C.C. § 29-06-06; SDCL 23A-3-12; Wis. Stat. § 976.04).
100.4 CONSTITUTIONAL REQUIREMENTS

All members shall observe and comply with every person's clearly established rights under the
United States and Minnesota Constitutions.
100.5 POLICY
It is the policy of the Brooklyn Center Police Department to limit its members to only exercise the
authority granted to them by law.
While this department recognizes the power of peace officers to make arrests and take other
enforcement action, officers are encouraged to use sound discretion in the enforcement of the
law. This department does not tolerate abuse of law enforcement authority.
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Department
Chief Executive Officer

The Minnesota Legislature acting through the Minnesota Board of Peace Officer Standards
and Training (POST Board) has mandated that all peace officers employed within the State of
Minnesota shall hold a POST Board license (Minn. Stat. § 626.846).
101.1.1 CHIEF LAW ENFORCEMENT OFFICER REQUIREMENTS

Any chief law enforcement officer of this department, as defined in Minn. R. 6700.0100, shall
as a condition of employment hold a license as a peace officer with the POST Board (Minn. R.
6700.0800; Minn. R. 6700.0501). The peace officer license shall be renewed every three years
as required by Minn. R. 6700.1000.
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Department
Oath of Office
Officers of this department are sworn to uphold the federal and state constitutions and to enforce
federal, state and local laws.
102.1.1 OATH OF OFFICE

Upon employment, all employees shall be required to affirm, sign and date the oath of office
expressing commitment and intent to respect constitutional rights in discharging the duties of the
position, regardless of whether law mandates such an oath. The oath shall be as follows:
I, (employee name), do solemnly swear to support the Constitution of the United States and of
this State, and to discharge faithfully the duties devolving upon me as a police officer of the City
of Brooklyn Center to the best of my judgement and ability. I will never betray my badge, my
integrity, my character, or the public interest. I will always have the courage to hold myself and
others accountable for our actions.
102.1.2 MAINTENANCE OF RECORDS

Oaths mandated by law shall be filed as required by law (Minn. Stat. § 358.11, Minn. Stat. §
387.01 and Minn. Stat. § 387.14). Other oaths shall be maintained consistent with other personnel
employment records.
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Department
Policy Manual
The manual of the Brooklyn Center Police Department is hereby established and shall be referred
to as the Policy Manual or the manual. The manual is a statement of the current policies, rules
and guidelines of this department. All members are to conform to the provisions of this manual.
All prior and existing manuals, orders and regulations that are in conflict with this manual are
rescinded, except to the extent that portions of existing manuals, procedures, orders and other
regulations that have not been included herein shall remain in effect, provided that they do not
conflict with the provisions of this manual.
103.2 POLICY
Except where otherwise expressly stated, the provisions of this manual shall be considered
as guidelines. It is recognized that the work of law enforcement is not always predictable and
circumstances may arise which warrant departure from these guidelines. It is the intent of this
manual to be viewed from an objective standard, taking into consideration the sound discretion
entrusted to members of this department under the circumstances reasonably available at the
time of any incident.
103.2.1 DISCLAIMER
The provisions contained in the Policy Manual are not intended to create an employment contract
nor any employment rights or entitlements. The policies contained within this manual are for the
internal use of the Brooklyn Center Police Department and shall not be construed to create a
higher standard or duty of care for civil or criminal liability against the City, its officials or members.
Violations of any provision of any policy contained within this manual shall only form the basis for
department administrative action, training or discipline. The Brooklyn Center Police Department
reserves the right to revise any policy content, in whole or in part.
103.3 AUTHORITY
The Chief of Police shall be considered the ultimate authority for the content and adoption of
the provisions of this manual and shall ensure compliance with all applicable federal, state and
local laws. The Chief of Police or the authorized designee is authorized to issue Departmental
Directives, which shall modify those provisions of the manual to which they pertain. Departmental
Directives shall remain in effect until such time as they may be permanently incorporated into the
manual.
103.4 DEFINITIONS
The following words and terms shall have these assigned meanings throughout the Policy Manual,
unless it is apparent from the content that they have a different meaning:
Adult - Any person 18 years of age or older.
CFR- Code of Federal Regulations.
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Department
Policy Manual
Child- Any person under the age of 18 years.

City - The City of Brooklyn Center.
Non-sworn - Employees and volunteers who are not licensed peace officers.
Department/BCPD - The Brooklyn Center Police Department.
DPS- The Minnesota Department of Public Safety.
DVS- The Minnesota Department of Driver and Vehicle Services.
Employee/personnel - Any person employed by the Department.
Manual - The Brooklyn Center Police Department Policy Manual.
May - Indicates a permissive, discretionary or conditional action.
Member - Any person who is employed or appointed by the Brooklyn Center Police Department
including licensed officers, part-time officers, non-sworn employees and volunteers.
Officer - Those employees, regardless of rank, who are licensed peace officer employees of the
Brooklyn Center Police Department.
On-duty - A member’s status during the period when he/she is actually engaged in the
performance of his/her assigned duties.
Order - A written or verbal instruction issued by a superior.
Peace officer- An employee of the Department who is required to be certified by POST pursuant
to Minn. Stat. § 626.84, Subd. 1 or otherwise holds a peace officer license. The term includes
licensed full-time and part-time officers who perform the duties of a peace officer.
POST- The Minnesota Board of Peace Officer Standards and Training.
Rank - The title of the classification held by an officer.
Shall or will - Indicates a mandatory action.
Should - Indicates a generally required or expected action, absent a rational basis for failing to
conform.
Supervisor - A person in a position of authority regarding hiring, transfer, suspension, promotion,
discharge, assignment, reward or discipline of other department members, directing the work of
other members or having the authority to adjust grievances. The supervisory exercise of authority
may not be merely routine or clerical in nature but requires the use of independent judgment.
The term "supervisor" may also include any person (e.g., officer-in-charge, lead or senior worker)
given responsibility for the direction of the work of others without regard to a formal job title, rank
or compensation.
When there is only one department member on-duty, that person may also be the supervisor,
except when circumstances reasonably require the notification or involvement of the member’s
off-duty supervisor or an on-call supervisor.

Department
Policy Manual
USC- United States Code.
103.5 ISSUING THE POLICY MANUAL

An electronic version of the Policy Manual will be made available to all members on the department
network for viewing and printing. No changes shall be made to the manual without authorization
from the Chief of Police or the authorized designee.
Each member shall acknowledge that he/she has been provided access to, and has had the
opportunity to review the Policy Manual and Departmental Directives. Members shall seek
clarification as needed from an appropriate supervisor for any provisions that they do not fully
understand.
103.6 PERIODIC REVIEW OF THE POLICY MANUAL

The Chief of Police will ensure that the Policy Manual is periodically reviewed and updated as
necessary.
103.7 REVISIONS TO POLICIES

All revisions to the Policy Manual will be provided to each member on or before the date the policy
becomes effective. Each member will be required to acknowledge that he/she has reviewed the
revisions and shall seek clarification from an appropriate supervisor as needed.
Members are responsible for keeping abreast of all Policy Manual revisions.
Each Division Commander will ensure that members under his/her command are aware of any
Policy Manual revision.
All department members suggesting revision of the contents of the Policy Manual shall forward
their written suggestions to their Division Commanders, who will consider the recommendations
and forward them to the command staff as appropriate.

Department
Chapter 2 - Organization and Administration
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Department
Organizational Structure and Responsibility

The organizational structure of the Department is designed to create an efficient means to
accomplish the mission and goals and to provide for the best possible service to the public.
200.2 DIVISIONS
The Chief of Police is responsible for administering and managing the Brooklyn Center Police
Department. There are four divisions in the Police Department as follows:
• Community Services Division
• Patrol Division
• Investigation Division
• Support Services Division
200.2.1 COMMUNITY SERVICES DIVISION

The Community Services Division is supervised by a Commander whose primary responsibility is
to provide general management, direction and control for the Community Services Division. The
Community Services Division consists of a Commander, a Sergeant, three Street Crimes Officers,
a Juvenile officer, a School Resource officer, a Crime Analyst, a Crime Prevention Specialist and
a Community Liaison.
200.2.2 PATROL DIVISION

The Patrol Division is supervised by a Commander whose primary responsibility is to provide
general management, direction and control for the Patrol Division. The Patrol Division consists
of Uniformed Patrol.
200.2.3 INVESTIGATION DIVISION

The Investigative Division is supervised by a Commander whose primary responsibility is
to provide general management, direction and control for the Investigative Division. The
Investigative Division consists of five (5) Detectives, an Auto Theft Officer, a Northwest Drug Task
Force Officer and a Violent Offender Task Force Officer.
200.2.4 SUPPORT SERVICES DIVISION

The Support Services Division consists of records, property/evidence, and the jail.
The Support Services Manager supervises the Records Technicians and Property Room
Technician. The Support Services Manager is also responsible for the jail, building, and serves
as the Department Liaison with the City's IT Department.
Records Technicians process and coordinate information generated by all divisions within the
Department. Their activities include transcription, dissemination and storage of police reports,
along with proper classification of crimes that are mandated by the State of Minnesota.
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17
The Property Room Technician is responsible for the proper receiving, tracking, storage, and
return or disposal of all property. Property is classified as found, recovered, confiscated, or
evidence.
200.3 COMMAND PROTOCOL
200.3.1 SUCCESSION OF COMMAND

The Chief of Police exercises command over all personnel in the Department. During planned
absences the Duty Command Officer or designee shall act with the authority of the Chief of Police.
For circumstances in which the Chief of Police is absent, the Chief of Police will designate a
Division Commander to serve as the acting commander of the Police Department.
Except when designated as above, the order of command authority in the absence or unavailability
of the Chief of Police is as follows:
(a) Commander
(b) Sergeant
(c) Senior Officer
200.3.2 UNITY OF COMMAND

The principles of unity of command ensure efficient supervision and control within the Department.
Generally, each employee shall be accountable to one supervisor at any time for a given
assignment or responsibility. Except where specifically delegated authority may exist by policy
or special assignment (e.g., Training, FTO, EOU), any supervisor may temporarily direct any
subordinate if an operational necessity exists.
200.3.3 ORDERS
Members shall respond to and make a good faith and reasonable effort to comply with the lawful
order of superior officers and other proper authority.
200.3.4 UNLAWFUL AND CONFLICTING ORDERS

No member is required to obey any order that outwardly appears to be in direct conflict with any
federal law, state law or local ordinance. If the legality of an order is in doubt, the affected member
shall ask the issuing supervisor to clarify the order or confer with a higher authority. Responsibility
for refusal to obey rests with the member, who shall subsequently be required to justify the refusal.
Unless it would jeopardize the safety of any individual, members who are presented with an order
that is in conflict with a previous order, department policy or other directive, shall respectfully inform
the issuing supervisor of the conflict. The issuing supervisor is responsible for either resolving the
conflict or clarifying that the order is intended to countermand the previous order or directive, in
which case the member is obliged to comply. Members who are compelled to follow a conflicting
order after having given the issuing supervisor the opportunity to correct the conflict are not held
accountable for disobedience of the order or directive that was initially issued.
Department
18
The person countermanding the original order shall notify, in writing when practical or necessary,
the person issuing the original order, indicating the action taken and the reason therefore.
Department
19
Departmental Directive and Special Orders

Departmental Directives and Special Orders establish an interdepartmental communication that
may be used by the Chief of Police to make immediate changes to policy and procedure consistent
with the current Memorandum of Understanding or other collective bargaining agreement.
Departmental Directives will immediately modify or change and supersede sections of this manual
to which they pertain.
201.1.1 DEPARTMENTAL DIRECTIVES PROTOCOL

Departmental Directives will be incorporated into the manual as required upon approval of staff.
Departmental Directives will modify existing policies or create a new policy as appropriate and will
be rescinded upon incorporation into the manual.
All existing Departmental Directives have now been incorporated in the updated Policy Manual
as of the below revision date.
Any Departmental Directives issued after publication of the manual shall be numbered
consecutively starting with the last two digits of the year, followed by the number “01.” For example,
10-01 signifies the first Departmental Directive for the year 2010.
201.1.2 SPECIAL ORDERS PROTOCOL

Special Orders establish a temporary policy or procedure on a given subject for a specific length
of time. Special Orders are issued to the organization as a whole, to a division, to a unit or to
an individual thereof and are temporary in nature. Special Orders become inoperative with the
passing of the incident or situation that caused the order's issuance.
201.2 RESPONSIBILITIES
201.2.1 STAFF
The staff shall review and approve revisions of the Policy Manual, which will incorporate changes
originally made by Departmental Directive.
201.2.2 CHIEF OF POLICE

The Chief of Police or designee shall issue all Departmental Directives and Special Orders.
201.3 ACCEPTANCE OF DEPARTMENTAL DIRECTIVES AND SPECIAL ORDERS

All employees are required to read and obtain any necessary clarification of all Departmental
Directives or special orders. All employees are required to acknowledge in writing the receipt and
review of any new Departmental Directive or special order.
Signed acknowledgement forms and/or e-mail receipts showing an employee's acknowledgement
will be facilitated by the Training Sergeant and the Administrative Assistant.
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Emergency Operations Plan

The City has prepared, in compliance with the Minnesota Emergency Management Act of 1996
(Minn. Stat. § 12.09), an Emergency Operations Plan Manual. This manual is for the guidance
and use by all employees in the event of a major disaster, civil disturbance, mass arrest or other
emergency event. The manual provides for a strategic response by all employees and assigns
specific responsibilities in the event the plan is activated.
202.2 ACTIVATING THE EMERGENCY OPERATIONS PLAN

The Emergency Operations Plan can be activated in a number of ways. For the Police Department,
the Chief of Police, the highest ranking official on-duty or an on-scene responder may activate the
Emergency Operations Plan in response to a major emergency.
202.2.1 RECALL OF PERSONNEL

In the event that the Emergency Operations Plan is activated, all employees of the Brooklyn
Center Police Department are subject to immediate recall. Employees may also be subject to recall
during extraordinary circumstances as deemed necessary by the Chief of Police or the authorized
designee.
Failure to promptly respond to an order to report for duty may result in discipline.
202.3 LOCATION OF MANUALS

The manual for employees is available in the "S" drive under Emergency Management. A physical
copy will be maintained in the Fire Chief's office and the three (3) Commanders offices.
202.4 PLAN REVIEW

The Community Services Commander or designee shall annually review the Emergency
Operation Plan and recommend updates when applicable. The annual review, update, and
approval of the plan and supporting documents must be in accord with the guidance provided by
the Department of Public Safety, Division of Emergency Management and should incorporate a
full or partial exercise, tabletop or command staff discussion (Min. Stat. § 299J.10).
202.5 PLAN TRAINING

The Department shall provide training in the Emergency Operations Plan for all supervisors and
other appropriate personnel. All supervisors should familiarize themselves with the Emergency
Operations Plan and the roles police personnel will play when the plan is implemented.
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Department
Training
It is the policy of this department to administer a training program that will meet the standards of
POST continuing education and provide for the professional growth and continued development of
its personnel. By doing so, the Department seeks to ensure its personnel possess the knowledge
and skills necessary to provide a professional level of service that meets the needs of the public.
203.2 PHILOSOPHY
The Department seeks to provide ongoing training and encourages all personnel to participate
in advanced training and formal education on a continual basis. Training is provided within the
confines of funding, requirements of a given assignment, staffing levels and legal mandates.
Whenever reasonably possible, the Department will use courses certified by the Minnesota Board
of Peace Officer Standards and Training (POST) or other regulatory or nationally recognized
entities. Examples of these entities may be, but are not limited to, the Association of Training
Officers of Minnesota, National Tactical Officers Association, and Federal Bureau of Investigation
National Academy.
203.3 OBJECTIVES
The objectives of the Training Program are to:
(a) Enhance the level of law enforcement service to the public.
(b) Increase the technical expertise and overall effectiveness of Department personnel.
(c) Provide for continued professional development of Department personnel.
(d) Assist in compliance with POST rules and regulations concerning law enforcement
training.
203.4 TRAINING PLAN

It is the responsibility of the Training Sergeant to develop, review, update and maintain a training
plan and to ensure that mandated basic, in-service and Department-required training is completed
by all employees. The plan shall include a systematic and detailed method for recording and
logging of all training for all personnel. While updates and revisions may be made to any portion
of the training plan at any time it is deemed necessary, the Training Sergeant shall review the
entire training plan on an annual basis. The plan will include information on curriculum, training
material, training facilities, course and student scheduling. The plan will address State required
minimum mandated training for licensing of peace officers or hiring of non-licensed employees.
The plan will also include training for volunteers that is determined to be relevant and helpful to
their actions as volunteers for the Department.
Training listed may be provided in basic training programs. The Training Sergeant is responsible
for ensuring members of the Department have been trained as required.
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Department
Training
203.4.1 STATE MANDATED TRAINING

State training requirements include, but are not limited to, 48 hours of POST-approved law
enforcement related courses every three years.
203.4.2 TRAINING PROCEDURES

(a) All employees assigned to attend training shall attend as scheduled unless previously
excused by their immediate supervisor. Excused absences from mandatory training
should be limited to the following:
1. Court appearances
2. Primary vacation
3. Sick leave
4. Physical limitations preventing the employee's participation.
5. Emergency situations
(b) When an employee is unable to attend mandatory training, that employee shall:
1. Notify his/her supervisor as soon as possible but no later than one hour prior
to the start of training.
2. Document his/her absence in a memorandum to his/her supervisor.
3. Make arrangements through his/her supervisor and the Training Sergeant to
attend the required training on an alternate date.
203.5 TRAINING NEEDS ASSESSMENT

The Training Sergeant will conduct an annual training-needs assessment and complete a report
of the training-needs assessment, including recommendations from the Training Committee. The
training-needs assessment report will be provided to the Chief of Police, staff and the Training
Committee. Upon review and approval by the Chief of Police, the needs assessment will form the
basis for the training plan for the ensuing fiscal year.
203.6 TRAINING COMMITTEE

The Training Sergeant shall establish a Training Committee, which will serve to assist with
identifying training needs for the Department.
The Training Committee shall be comprised of at least three members, with the senior ranking
member of the committee acting as the chairperson. Members should be elected based on their
abilities at post-incident evaluation and at assessing related training needs. The Training Sergeant
may remove or replace members of the committee at his/her discretion.

Department
Training
The Training Committee should review certain incidents to determine whether training would likely
improve future outcomes or reduce or prevent the recurrence of the undesirable issues related to
the incident. Specific incidents the Training Committee should review include, but are not limited to:
(a) Any incident involving the death or serious injury of an employee.
(b) Incidents involving a high risk of death, serious injury or civil liability.
(c) Incidents identified by a supervisor as appropriate to review to identify possible training
needs.
The Training Committee should convene on a regular basis as determined by the Training
Sergeant to review the identified incidents. The committee shall determine by consensus whether
a training need exists and then submit written recommendations of its findings to the Training
Sergeant. The recommendation should not identify specific facts of any incidents, such as
identities of employees involved or the date, time and location of the incident, but should focus
on the type of training being recommended.
The Training Sergeant will consider the recommendations of the committee and determine what
training should be addressed, taking into consideration the mission of the Department and
available resources.
203.7 TRAINING RECORDS

The Training Sergeant is responsible for the creation, filing and storage of all training records in
compliance with POST standards. Training records shall be retained as long as the employee's
personnel file is retained.
203.8 REPORTING TRAINING TO POST

The POST Board distributes license renewals directly to licensed peace officers and requires
the licensee to report completed continuing education courses from the previous license period.
The designated Records Technician in charge of training is responsible for responding to these
requests in a timely manner and otherwise maintaining their licensed status.
203.9 DAILY TRAINING BULLETINS

The Lexipol Daily Training Bulletins (DTBs) are contained in a web-accessed system that provides
training on the Brooklyn Center Police Department policy manual and other important topics.
Generally, one training bulletin is available for each day of the month. However, the number of
DTBs may be adjusted by the Training Sergeant.
Personnel assigned to participate in DTBs shall only use login credentials assigned to them by the
Training Sergeant. Personnel should not share their password with others and should frequently
change their password to protect the security of the system. After each session, employees should
logoff the system to prevent unauthorized access. The content of the DTBs is copyrighted material
and shall not be shared with others outside of the Department.

Department
Training
Employees who are assigned to participate in the DTB program should complete each DTB at the
beginning of their shift, or as otherwise directed by their supervisor. Employees should not allow
uncompleted DTBs to build up over time. Personnel may be required to complete DTBs missed
during extended absences (e.g., vacation, medical leave) upon returning to duty. Although the
DTB system can be accessed from any Internet active computer, employees shall only take DTBs
as part of their on-duty assignment unless directed otherwise by a supervisor.
Supervisors will be responsible for monitoring the progress of personnel under their command to
ensure compliance with this policy.
203.10 CLASSROOM DISCRIMINATION

The Training Sergeant shall ensure that procedures for the investigation and resolution of
allegations of classroom discrimination are developed and implemented, and include the required
elements (Minn. R. 6700.0900; Minn. R. 6700.0902).

Department
Electronic Mail
The purpose of this policy is to establish guidelines for the proper use and application of the
electronic mail (email) system provided by the Department. Email is a communication tool
available to employees to enhance efficiency in the performance of job duties. It is to be used
in accordance with generally accepted business practices and current law (e.g., Minnesota Data
Practices Act). Messages transmitted over the email system must only be those that involve
official business activities or contain information essential to employees for the accomplishment
of business-related tasks and/or communication directly related to the business, administration or
practices of the Department.
204.2 EMAIL RIGHT OF PRIVACY

All email messages, including attachments, transmitted over the Department computer network or
accessed through a web browser accessing the Department system are considered Department
records and, therefore, are the property of the Department. The Department has the right to
access, audit and disclose for whatever reason, all messages, including attachments, transmitted
or received through its email system or placed into its storage.
Unless it is encrypted, the email system is not a confidential system since all communications
transmitted on, to or from the system are the property of the Department. Therefore, the email
system is not appropriate for confidential or personal communication. If a communication must
be private, an alternative method to communicate the message should be used instead of email.
Employees using the Department email system shall have no expectation of privacy concerning
communications utilizing the system.
204.3 PROHIBITED USE OF E-MAIL

The City email system is a tool to be used for matters directly related to the business activities
of the City and as a means to provide services that are efficient, accurate, timely and complete.
Email messages are subject to regulation under the Minnesota Data Practices Act. The content
of the message determines whether a message is public or non-public/private. Email is intended
as a medium of communication, not for information storage; therefore, email should not be used
for the storage of maintenance of official City records or other City information. Users may receive
inappropriate and unsolicited email messages. Such messages should be forwarded immediately
to SPAM (listed in the City's Outlook Global Address List). If the activity continues, the user must
notify the IT Director. [Amended 10/07/09]
The City has the right to use management software to eliminate the delivery of junk email (SPAM),
including emails that contain profanity or sexually explicit or adult content material or which are
otherwise deemed inappropriate or non-business oriented.
Outlook stationery options should remain at default, which is no stationery. The city is to maintain a
professional image. Email background should remain without color and ornamentation that would
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Department
Electronic Mail
occur by selecting stationery. Non-business related clipart, images, emoticons, or tag lines should
not be used in the email (i.e. a clipart picture in the signature portion of the email, a graphical
smiley face, a belief statement).
All items moved to the Deleted Items folder will permanently delete when the item is more than 7
days old (i.e. an email message moved to the Deleted Items folder today that was received two
weeks ago will delete in that night's maintenance; an email message moved to the Deleted Items
folder today that was received today will delete 7 days from now in that nights maintenance). The
time criterion is when the user receives the item, not when the item is placed into the Deleted
Items folder. The City backs-up City mailboxes for 5 business days.
Personal email accounts are not to be accessed from a City computer (i.e. AOL, Hotmail,
Yahoo, Comcast, etc.). Personal email accounts are not to be used for City business. NO instant
messaging is allowed.
204.4 MANAGEMENT OF E-MAIL

Because the e-mail system is not designed for long-term retention of messages, e-mail that the
employee desires to save or that becomes part of an official record should be printed and/or stored
in another database. Users of e-mail are solely responsible for the management of their mailboxes.
Messages should be purged manually by the user at least once per week. All messages in excess
of one month may be deleted or archived automatically at regular intervals from the system.
204.5 REVIEWING E-EMAIL

All department members shall be required to check and review their email and calendar
appointments at least once per shift.
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Department
Administrative Communications
Administrative communications of this department are governed by the following policies.
205.2 DEPARTMENT E-MAILS

Department E-mails may be issued periodically by the Chief of Police or designee, to announce
and document all promotions, transfers, hiring of new personnel, separations, individual and group
awards and commendations or other changes in status. Such orders are personnel data under
Minn. Stat. 13.43 and shall be treated accordingly.
205.3 CORRESPONDENCE
In order to ensure that the letterhead and name of the Department are not misused, all official
external correspondence shall be on Department letterhead. All Department letterhead shall bear
the signature element of the Chief of Police. Official correspondence and use of letterhead requires
approval of a supervisor. Department letterhead may not be used for personal use or purposes.
Internal correspondence should use the appropriate format. These may be from line employee to
employee, supervisor to employee or any combination of employees.
205.4 SURVEYS
All surveys made in the name of the Department shall be authorized by the Chief of Police, his/
her designee or a Division Commander.
205.5 OTHER COMMUNICATIONS

Departmental Directives and other communications necessary to ensure the effective operation
of the Department shall be promulgated by the Chief of Police, his/her designee or Division
Commanders.
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Department
Supervision Staffing Levels

The purpose of this policy is to ensure that proper supervision is available for all shifts. The
Department intends to balance the employee's needs against its need and inherent managerial
right to have flexibility and discretion in using personnel to meet operational needs. While
balance is desirable, the paramount concern is the need to meet operational requirements of the
Department.
206.2 MINIMUM STAFFING LEVELS

Minimum staffing levels should result in the scheduling of at least one regular supervisor on-duty
whenever possible.
206.2.1 SUPERVISION DEPLOYMENTS

In order to accommodate training and other unforeseen circumstances, an officer may be used
as a senior officer in place of a shift sergeant.
With prior authorization from the Patrol Division Commander, an officer may act as a temporary
Sergeantfor a limited period of time, consistent with the terms of applicable collective bargaining
agreements.
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Department
Permit to Carry a Pistol

The Sheriff is given the statutory authority to issue a permit to carry a pistol to residents within the
county and persons who do not reside in Minnesota.
207.2 CARRYING FIREARMS IN RESTRICTED AREAS

Firearm permittees, other than peace officers, are prohibited from carrying firearms within the
following locations:
(a) Secure areas of a public airport.
(b) School property except as authorized by Minn. Stat. § 609.66, Subd. 1d.
(c) A child care center while children are present except as authorized by Minn. Stat.
§ 609.66, Subd. 1d.
(d) In a public place while under the influence of alcohol, or a controlled substance,
or an intoxicating substance that the person has reason to know could cause
impairment (Minn. Stat. § 624.7142, Subd. 1).
(e) Public colleges and universities following implementation of a policy restricting the
carrying or possession of firearms on their premises by employees and students while
on campus. However, under Minn. Stat. § 624.714, Subd. 18 such prohibitions apply
only to faculty and students. A violation of such restrictions by a person with a carry
permit is not an arrestable offense and only subjects the violator to administrative
sanctions.
(f) Private establishments that have posted a sign banning firearms on their premises,
provided the posting meets the requirements of Minn. Stat. § 624.714, Subd. 17.
(g) Private establishments whose personnel inform the permit holder that firearms are
prohibited and demand compliance. This provision is violated only after the permit
holder refuses to depart the premises.
(h) Places of employment, public or private, if the employer restricts the carrying or
possession of firearms by employees. A violation of such restrictions by a person with a
carry permit is not an arrestable offense and only subjects the violator to administrative
sanctions.
(i) State correctional facilities or state hospitals and grounds (Minn. Stat. § 243.55).
(j) Any jail, lockup, or correctional facility (Minn. Stat. § 641.165).
(k) Offices and courtrooms of the Minnesota Supreme Court and Court of Appeals as
established by order of the court. Violation of such a ban by a permit holder may be
enforced as civil or criminal contempt of court but is not a violation of the carry permit
law.
(l) In a field while hunting big game by archery unless permitted by Department of Natural
Resources regulations. (Minn. Stat. § 97B.211; Minn. Stat. § 97B.411).
(m) In federal court facilities or other federal facilities (18 USC § 930).
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Department
Permit to Carry a Pistol
Pistol permittees are required to comply with notices requiring presentation of the permit upon
demand of a peace officer when carrying a firearm.
207.3 RECOGNITION OF PERMITS FROM OTHER STATES

A person who possesses a firearms permit from another state that is on the annual list of states
with firearm regulations similar to Minnesota, published by the Commissioner of Public Safety,
and that has reciprocity to carry a firearm in Minnesota has lawful authority to carry a pistol in
Minnesota. The permit issued from another state is not valid if the holder is or becomes prohibited
by law from possessing a firearm. The Chief of Police may file a petition with the appropriate court
to suspend or revoke a license from another state when there is a substantial likelihood that the
license holder is a danger to him/herself or the public (Minn. Stat. § 624.714, Subd. 16)
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Department
Retiree Concealed Firearms

The purpose of this policy is to provide guidelines for the issuance, denial, suspension or
revocation of Brooklyn Center Police Department identification cards under the Law Enforcement
Officers’ Safety Act (LEOSA) (18 USC § 926C).
208.2 POLICY
It is the policy of the Brooklyn Center Police Department to provide identification cards to qualified
former or retired officers as provided in this policy.
208.3 LEOSA
The Chief of Police may issue an identification card for LEOSA purposes to any former officer of
this department who (18 USC § 926C(c)):
(a) Separated from service in good standing from this department as an officer.
(b) Before such separation, had regular employment as an officer for an aggregate of
10 years or more or, if employed as an officer for less than 10 years, separated
from service after completing any applicable probationary period due to a service-
connected disability as determined by this department.
(c) Has not been disqualified for reasons related to mental health.
(d) Has not entered into an agreement with this department where
the officer acknowledges that he/she is not qualified to receive a firearm qualification
certificate for reasons related to mental health.
(e) Is not prohibited by federal law from receiving or possessing a firearm.
208.3.1 LEOSA IDENTIFICATION CARD FORMAT

The LEOSA identification card should contain a photograph of the former officer and identify him/
her as having been employed as an officer.
If the Brooklyn Center Police Department qualifies the former officer, the LEOSA identification
card or separate certification should indicate the date the former officer was tested or otherwise
found by the Department to meet the active duty standards for qualification to carry a firearm.
208.3.2 AUTHORIZATION
Any qualified former law enforcement officer, including a former officer of this department, may
carry a concealed firearm under 18 USC § 926C when he/she is:
(a) In possession of photographic identification that identifies him/her as having been
employed as a law enforcement officer, and one of the following:
1. An indication from the person’s former law enforcement agency that he/she has,
within the past year, been tested or otherwise found by the law enforcement
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Department
Retiree Concealed Firearms
agency to meet agency-established active duty standards for qualification in

firearms training to carry a firearm of the same type as the concealed firearm.
2. A certification, issued by either the state in which the person resides or by a
certified firearms instructor who is qualified to conduct a firearms qualification
test for active duty law enforcement officers within that state, indicating that the
person has, within the past year, been tested or otherwise found to meet the
standards established by the state or, if not applicable, the standards of any
agency in that state.
(b) Not under the influence of alcohol or another intoxicating or hallucinatory drug or
substance.
(c) Not prohibited by federal law from receiving a firearm.
(d) Not in a location prohibited by Minnesota law or by a private person or entity on his/
her property if such prohibition is permitted by Minnesota law.
208.4 FORMER OFFICER RESPONSIBILITIES

A former officer with a card issued under this policy shall immediately notify the Shift Sergeant
of his/her arrest or conviction in any jurisdiction, or that he/she is the subject of a court order, in
accordance with the Reporting of Employee Convictions and Court Orders Policy.
208.4.1 RESPONSIBILITIES UNDER LEOSA

In order to obtain or retain a LEOSA identification card, the former officer shall:
(a) Sign a waiver of liability of the Department for all acts taken related to carrying a
concealed firearm, acknowledging both his/her personal responsibility as a private
person for all acts taken when carrying a concealed firearm as permitted by LEOSA
and also that these acts were not taken as an employee or former employee of
the Department.
(b) Remain subject to all applicable department policies and federal, state and local laws.
(c) Demonstrate good judgment and character commensurate with carrying a loaded and
concealed firearm.
(d) Successfully pass an annual criminal history background check indicating that he/she
is not prohibited by law from receiving or possessing a firearm.
208.5 DENIAL, SUSPENSION OR REVOCATION

A LEOSA identification card may be denied or revoked upon a showing of good cause as
determined by the Department. In the event that an identification card is denied, suspended or
revoked, the former officer may request a review by the Chief of Police. The decision of the Chief
of Police is final.
208.6 FIREARM QUALIFICATIONS

The Armorer may provide former officers from this department an opportunity to qualify. Written
evidence of the qualification and the weapons used will be provided and will contain the date of
the qualification. The Armorer will maintain a record of the qualifications and weapons used.
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Department
Handgun Purchase and Transfer Permit

The Chief of Police is given the statutory authority to issue a permit to purchase or transfer a pistol
to persons within the community. This policy provides a written process for the application and
issuance of such permits.
209.2 APPLICATION PROCESS

To apply for a permit to purchase or transfer a pistol, the applicant must complete and submit a
signed and dated Minnesota Uniform Firearm Application/Receipt to the Department (Minn. Stat.
§ 624.7131, Subd. 1). These forms shall be freely available to members of the community at
locations determined by the Chief of Police. Applications are also available on the internet (Minn.
Stat. § 624.7131, Subd. 3).
Incomplete applications are not suitable for processing and may not be accepted.
The Department shall provide the applicant a dated receipt upon the presentation of the application
(Minn. Stat. § 624.7131, Subd. 1).
209.3 INVESTIGATION
The Department shall conduct an investigation of the applicant to determine if he/she is eligible
for a permit (Minn. Stat. § 624.7131, Subd. 2). The investigation shall include no less than:
(a) A check of criminal histories, records, and warrants regarding the applicant through
Minnesota crime information systems, the national criminal record repository, and the
National Instant Criminal Background Check System.
(b) A reasonable effort to check other available state and local record-keeping systems.
(c) A check for any commitment history through the Minnesota Department of Human
Services of the applicant.
209.4 GROUNDS FOR DISQUALIFICATION

The Chief of Police shall only deny a permit to an applicant when the applicant is prohibited
by Minn. Stat. § 624.713 from possessing a pistol or semiautomatic military-style assault
weapon (Minn. Stat. § 624.7131, Subd. 4).
209.5 GRANTING OR DENIAL OF PERMIT

The Chief of Police shall issue a transferee permit or deny the application within seven days of
application for the permit. The Chief of Police shall provide an applicant with written notification
of a denial and the specific reason for the denial. The permits and their renewal shall be granted
free of charge (Minn. Stat. § 624.7131, Subd. 5).
A permit holder whose permit was denied may seek a judicial review by filing a petition in the district
court for the county in which the application was submitted (Minn. Stat. § 624.7131, Subd. 8).
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Department
Handgun Purchase and Transfer Permit
209.6 VOIDING PERMIT

The permit becomes void at the time that the holder becomes prohibited from possessing a pistol
under Minn. Stat. § 624.713, in which event the holder is required to return the permit within five
days to the Department (Minn. Stat. § 624.7131, Subd. 2).
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Department
Chapter 3 - General Operations
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Department
Use of Force
This policy provides guidelines on the reasonable use of force. While there is no way to specify
the exact amount or type of reasonable force to be applied in any situation, every member of this
department is expected to use these guidelines to make such decisions in a professional, impartial
and reasonable manner.
300.1.1 DEFINITIONS
Definitions related to this policy include:
Deadly force - Force reasonably anticipated and intended to create a substantial likelihood of
causing death or very serious injury.
Force - The application of physical techniques or tactics, chemical agents or weapons to another
person. It is not a use of force when a person allows him/herself to be searched, escorted,
handcuffed or restrained.
300.2 POLICY
The use of force by law enforcement personnel is a matter of critical concern, both to the public
and to the law enforcement community. Officers are involved on a daily basis in numerous and
varied interactions and, when warranted, may use reasonable force in carrying out their duties.
Officers must have an understanding of, and true appreciation for, their authority and limitations.
This is especially true with respect to overcoming resistance while engaged in the performance
of law enforcement duties.
The Department recognizes and respects the value of all human life and dignity without prejudice
to anyone. Vesting officers with the authority to use reasonable force and to protect the public
welfare requires monitoring, evaluation and a careful balancing of all interests.
300.2.1 DUTY TO INTERCEDE

Any officer present and observing another officer using force that is clearly beyond that which
is objectively reasonable under the circumstances shall, when in a position to do so, intercede
to prevent the use of unreasonable force. An officer who observes another employee use force
that exceeds the degree of force permitted by law should promptly report these observations to
a supervisor.
300.3 USE OF FORCE

Officers shall use only that amount of force that reasonably appears necessary given the facts
and circumstances perceived by the officer at the time of the event to accomplish a legitimate law
enforcement purpose.
The reasonableness of force will be judged from the perspective of a reasonable officer on the
scene at the time of the incident. Any evaluation of reasonableness must allow for the fact that
officers are often forced to make split-second decisions about the amount of force that reasonably
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Department
Use of Force
appears necessary in a particular situation, with limited information and in circumstances that are
tense, uncertain and rapidly evolving.
Given that no policy can realistically predict every possible situation an officer might encounter,
officers are entrusted to use well-reasoned discretion in determining the appropriate use of force
in each incident.
It is also recognized that circumstances may arise in which officers reasonably believe that it
would be impractical or ineffective to use any of the tools, weapons or methods provided by the
Department. Officers may find it more effective or reasonable to improvise their response to rapidly
unfolding conditions that they are confronting. In such circumstances, the use of any improvised
device or method must nonetheless be reasonable and utilized only to the degree that reasonably
appears necessary to accomplish a legitimate law enforcement purpose.
While the ultimate objective of every law enforcement encounter is to avoid or minimize injury,
nothing in this policy requires an officer to retreat or be exposed to possible physical injury before
applying reasonable force.
300.3.1 USE OF FORCE TO EFFECT AN ARREST

An officer may use reasonable force (Minn. Stat. § 609.06 and Minn. Stat. § 629.33):
(a) In effecting a lawful arrest.
(b) In the execution of a legal process.
(c) In enforcing an order of the court.
(d) In executing any other duty imposed by law.
(e) In preventing the escape, or to retake following the escape, of a person lawfully held
on a charge or conviction of a crime.
(f) In restraining a person with a mental illness or a person with a developmental disability
from self-injury or injury to another.
(g) In self defense or defense of another.
An officer who makes or attempts to make an arrest need not retreat or desist from his/her efforts
by reason of resistance or threatened resistance of the person being arrested; nor shall such
officer be deemed the aggressor or lose his/her right to self-defense by the use of reasonable
force to effect the arrest or to prevent escape or to overcome resistance.
300.3.2 FACTORS USED TO DETERMINE THE REASONABLENESS OF FORCE

When determining whether to apply force and evaluating whether an officer has used reasonable
force, a number of factors should be taken into consideration, as time and circumstances permit.
These factors include, but are not limited to:
(a) Immediacy and severity of the threat to officers or others.

Department
Use of Force
(b) The conduct of the individual being confronted, as reasonably perceived by the officer
at the time.
(c) Officer/subject factors (age, size, relative strength, skill level, injuries sustained, level
of exhaustion or fatigue, the number of officers available vs. subjects).
(d) The effects of drugs or alcohol.
(e) Subject’s mental state or capacity.
(f) Proximity of weapons or dangerous improvised devices.
(g) The degree to which the subject has been effectively restrained and his/her ability to
resist despite being restrained.
(h) The availability of other options and their possible effectiveness.
(i) Seriousness of the suspected offense or reason for contact with the individual.
(j) Training and experience of the officer.
(k) Potential for injury to officers, suspects and others.
(l) Whether the person appears to be resisting, attempting to evade arrest by flight or is
attacking the officer.
(m) The risk and reasonably foreseeable consequences of escape.
(n) The apparent need for immediate control of the subject or a prompt resolution of the
situation.
(o) Whether the conduct of the individual being confronted no longer reasonably appears
to pose an imminent threat to the officer or others.
(p) Prior contacts with the subject or awareness of any propensity for violence.
(q) Any other exigent circumstances.
300.3.3 PAIN COMPLIANCE TECHNIQUES

Pain compliance techniques may be effective in controlling a physically or actively resisting
individual. Officers may only apply those pain compliance techniques for which they have
successfully completed department-approved training. Officers utilizing any pain compliance
technique should consider:
(a) The degree to which the application of the technique may be controlled given the level
of resistance.
(b) Whether the person can comply with the direction or orders of the officer.
(c) Whether the person has been given sufficient opportunity to comply.
The application of any pain compliance technique shall be discontinued once the officer
determines that compliance has been achieved.

Department
Use of Force
300.3.4 USE OF FORCE TO SEIZE EVIDENCE

In general, officers may use reasonable force to lawfully seize evidence and to prevent the
destruction of evidence. However, officers are discouraged from using force solely to prevent
a person from swallowing evidence or contraband. In the instance when force is used, officers
should not intentionally use any technique that restricts blood flow to the head, restricts respiration
or which creates a reasonable likelihood that blood flow to the head or respiration would be
restricted.
300.4 DEADLY FORCE

Use of deadly force is justified in the following circumstances:
(a) An officer may use deadly force to protect him/herself or others from what he/she
reasonably believes would be an imminent threat of death or serious bodily injury.
(b) An officer may use deadly force to stop a fleeing subject when the officer has probable
cause to believe that the person has committed, or intends to commit, a felony
involving the infliction or threatened infliction of serious bodily injury or death, and
the officer reasonably believes that there is an imminent risk of serious bodily injury
or death to any other person if the subject is not immediately apprehended. Under
such circumstances, a verbal warning should precede the use of deadly force, where
feasible.
Imminent does not mean immediate or instantaneous. An imminent danger may exist
even if the suspect is not at that very moment pointing a weapon at someone. For
example, an imminent danger may exist if an officer reasonably believes any of the
following:
1. The person has a weapon or is attempting to access one and it is reasonable to
believe the person intends to use it against the officer or another.
2. The person is capable of causing serious bodily injury or death without a weapon
and it is reasonable to believe the person intends to do so.
300.4.1 SHOOTING AT OR FROM MOVING VEHICLES

Shots fired at or from a moving vehicle are rarely effective. Officers should move out of the path of
an approaching vehicle instead of discharging their firearm at the vehicle or any of its occupants.
An officer should only discharge a firearm at a moving vehicle or its occupants when the officer
reasonably believes there are no other reasonable means available to avert the threat of the
vehicle, or if deadly force other than the vehicle is directed at the officer or others.
Officers should not shoot at any part of a vehicle in an attempt to disable the vehicle.
300.5 REPORTING THE USE OF FORCE

Any use of force by a member of this department shall be documented promptly, completely and
accurately in an appropriate report, depending on the nature of the incident. The officer should
articulate the factors perceived and why he/she believed the use of force was reasonable under the

Department
Use of Force
circumstances. To collect data for purposes of training, resource allocation, analysis and related
purposes, the Department may require the completion of additional report forms, as specified in
department policy, procedure or law.
300.5.1 NOTIFICATION TO SUPERVISORS

Supervisory notification shall be made as soon as practicable following the application of force in
any of the following circumstances:
(a) The application caused a visible injury.
(b) The application would lead a reasonable officer to conclude that the individual may
have experienced more than momentary discomfort.
(c) The individual subjected to the force complained of injury or continuing pain.
(d) The individual indicates intent to pursue litigation.
(e) Any application of an TASER (TM) device or control device.
(f) Any application of a restraint device other than handcuffs, shackles or belly chains.
(g) The individual subjected to the force was rendered unconscious.
(h) An individual was struck or kicked.
(i) An individual alleges any of the above has occurred.
300.6 MEDICAL CONSIDERATION

Prior to booking or release, medical assistance shall be obtained for any person who exhibits signs
of physical distress, who has sustained visible injury, expresses a complaint of injury or continuing
pain, or who was rendered unconscious. Any individual exhibiting signs of physical distress after
an encounter should be continuously monitored until he/she can be medically assessed.
Based upon the officer’s initial assessment of the nature and extent of the subject’s injuries,
medical assistance may consist of examination by fire personnel, paramedics, hospital staff or
medical staff at the jail. If any such individual refuses medical attention, such a refusal shall be
fully documented in related reports and, whenever practicable, should be witnessed by another
officer and/or medical personnel. If a recording is made of the contact or an interview with the
individual, any refusal should be included in the recording, if possible.
The on-scene supervisor or, if the on-scene supervisor is not available, the primary handling officer
shall ensure that any person providing medical care or receiving custody of a person following any
use of force is informed that the person was subjected to force. This notification shall include a
description of the force used and any other circumstances the officer reasonably believes would
be potential safety or medical risks to the subject (e.g., prolonged struggle, extreme agitation,
impaired respiration).
Persons who exhibit extreme agitation, violent irrational behavior accompanied by profuse
sweating, extraordinary strength beyond their physical characteristics and imperviousness to pain

Department
Use of Force
(sometimes called “excited delirium”), or who require a protracted physical encounter with multiple
officers to be brought under control, may be at an increased risk of sudden death. Calls involving
these persons should be considered medical emergencies. Officers who reasonably suspect a
medical emergency should request medical assistance as soon as practicable and have medical
personnel stage away if appropriate.
300.7 SUPERVISOR RESPONSIBILITY

When a supervisor is able to respond to an incident in which there has been a reported application
of force, the supervisor is expected to:
(a) Obtain the basic facts from the involved officers. Absent an allegation of misconduct
or excessive force, this will be considered a routine contact in the normal course of
duties.
(b) Ensure that any injured parties are examined and treated.
(c) Once any initial medical assessment has been completed or first aid has been
rendered, ensure that photographs have been taken of any areas involving visible
injury or complaint of pain, as well as overall photographs of uninjured areas. These
photographs should be retained until all potential for civil litigation has expired.
(d) Identify any witnesses not already included in related reports.
(e) Review and approve all related reports.
(f) Determine if there is any indication that the subject may pursue civil litigation.
1. If there is an indication of potential civil litigation, the supervisor should complete
and route a notification of a potential claim through the appropriate channels.
(g) Evaluate the circumstances surrounding the incident and initiate an administrative
investigation if there is a question of policy non-compliance or if for any reason further
investigation may be appropriate.
In the event that a supervisor is unable to respond to the scene of an incident involving the reported
application of force, the supervisor is still expected to complete as many of the above items as
circumstances permit.
300.7.1 WATCHCOMMANDER RESPONSIBILITY

The Shift Sergeant shall review each use of force by any personnel within his/her command to
ensure compliance with this policy and to address any training issues.
300.8 TRAINING
Officers will receive training on this policy, including the learning objectives as provided by
POST, at least annually (Minn. Stat. § 626.8452, Subd. 3).

Department
Use of Force
300.9 USE OF FORCE ANALYSIS

At least annually, the Patrol Division Commander should prepare an analysis report on use of force
incidents. The report should be submitted to the Chief of Police. The report should not contain the
names of officers, suspects or case numbers, and should include:
(a) The identification of any trends in the use of force by members.
(b) Training needs recommendations.
(c) Equipment needs recommendations.
(d) Policy revision recommendations.

Department
Use of Force - Administrative Review

This policy establishes a process for the Brooklyn Center Police Department to review the use
of force by its employees.
This review process shall be in addition to any other review or investigation that may be conducted
by any outside or multi-agency entity having jurisdiction over the investigation or evaluation of the
use of deadly force.
301.2 POLICY
The Brooklyn Center Police Department will objectively evaluate the use of force by its members to
ensure that their authority is used lawfully, appropriately and is consistent with training and policy.
301.3 REMOVAL FROM LINE DUTY ASSIGNMENTS

Generally, whenever an employee's actions or use of force in an official capacity, or while using
department equipment, results in death or very serious injury to another, that employee will be
placed in a temporary administrative assignment pending an administrative review. The Chief
of Police may exercise discretion and choose not to place an employee in an administrative
assignment in any case.
301.4 REVIEW
The Investigative Commander will conduct an administrative review when the use of force by a
member results in great bodily harm or death to another.
The Use of Force Review will also investigate and review the circumstances surrounding every
discharge of a firearm, whether the employee was on- or off-duty, excluding training, recreational
use, or routine dispatching of an animal.
The Chief of Police may request the Investigative Commander to investigate the circumstances
surrounding any use of force incident.
301.4.1 RESPONSIBILITIES
The Investigative Commander is empowered to conduct an administrative review and inquiry into
the circumstances of an incident.
The Investigative Commander may request further investigation, request reports be submitted for
review.
The Chief of Police will determine whether the Investigative Commander should delay its review
until after completion of any criminal investigation, review by any prosecutorial body, filing of
criminal charges, the decision not to file criminal charges or any other action. The Investigative
Commander should be provided all relevant available material from these proceedings for its
consideration.
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Department
Use of Force - Administrative Review
The review shall be based upon those facts which were reasonably believed or known by the
officer at the time of the incident, applying any legal requirements, department policies, procedures
and approved training to those facts. Facts later discovered but unknown to the officer at the time
shall neither justify nor call into question an officer's decision regarding the use of force.
Any questioning of the involved employee conducted by the Investigative Commander will be in
accordance with the Department's disciplinary procedures, the Personnel Complaints Policy, the
current collective bargaining agreement and any applicable state or federal law.
The Investigative Commander shall make one of the following recommended findings:
(a) The employee's actions were within department policy and procedure.
(b) The employee's actions were in violation of department policy and procedure.
(c) There are deficiencies in policies, practices or training.
The Investigative Commander will submit a summary review to the Chief of Police.
The Chief of Police shall review the recommendation, make a final determination as to whether the
employee's actions were within policy and procedure and will determine whether any additional
actions, investigations or reviews are appropriate. The Chief of Police's final findings will be
forwarded to the involved employee's Division Commander for review and appropriate action. If
the Chief of Police concludes that discipline should be considered, a disciplinary process will be
initiated.
At the conclusion of any additional reviews, copies of all relevant reports and information will be
filed with the Chief of Police.
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Department
Handcuffing and Restraints

This policy provides guidelines for the use of handcuffs and other restraints during detentions and
arrests.
302.2 POLICY
The Brooklyn Center Police Department authorizes the use of restraint devices in accordance with
this policy, the Use of Force Policy and department training. Restraint devices shall not be used
to punish, to display authority or as a show of force.
302.3 USE OF RESTRAINTS

Only members who have successfully completed Brooklyn Center Police Department-approved
training on the use of restraint devices described in this policy are authorized to use these devices.
When deciding whether to use any restraint, officers should carefully balance officer safety
concerns with factors that include, but are not limited to:
• The circumstances or crime leading to the arrest.
• The demeanor and behavior of the arrested person.
• The age and health of the person.
• Whether the person is known to be pregnant.
• Whether the person has a hearing or speaking disability. In such cases, consideration
should be given, safety permitting, to handcuffing to the front in order to allow the
person to sign or write notes.
• Whether the person has any other apparent disability.
302.3.1 RESTRAINT OF DETAINEES

Situations may arise where it may be reasonable to restrain an individual who may, after brief
investigation, be released without arrest. Unless arrested, the use of restraints on detainees should
continue only for as long as is reasonably necessary to assure the safety of officers and others.
When deciding whether to remove restraints from a detainee, officers should continuously weigh
the safety interests at hand against the continuing intrusion upon the detainee.
302.3.2 RESTRAINT OF PREGNANT PERSONS

Persons who are known to be pregnant should be restrained in the least restrictive manner that
is effective for officer safety. Leg irons, waist chains, or handcuffs behind the body should not be
used unless the officer has a reasonable suspicion that the person may resist, attempt escape,
injure self or others, or damage property.
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Department
No person who is in labor, delivery, or recovery after delivery shall be handcuffed or restrained
except in extraordinary circumstances and only when a supervisor makes an individualized
determination that such restraints are necessary for the safety of the arrestee, officers, or others.
302.3.3 RESTRAINT OF JUVENILES

A juvenile under 14 years of age should not be restrained unless he/she is suspected of a
dangerous felony or when the officer has a reasonable suspicion that the juvenile may resist,
attempt escape, injure him/herself, injure the officer or damage property.
302.3.4 NOTIFICATIONS
Whenever an officer transports a person with the use of restraints other than handcuffs, the officer
shall inform the jail staff upon arrival at the jail that restraints were used. This notification should
include information regarding any other circumstances the officer reasonably believes would
be potential safety concerns or medical risks to the subject (e.g., prolonged struggle, extreme
agitation, impaired respiration) that may have occurred prior to, or during transportation to the jail.
302.4 HANDCUFFS OR PLASTIC CUFFS

Handcuffs, including temporary nylon or plastic cuffs, may be used only to restrain a person’s
hands to ensure officer safety.
Although recommended for most arrest situations, handcuffing is discretionary and not an absolute
requirement of the Department. Officers should consider handcuffing any person they reasonably
believe warrants that degree of restraint. However, officers should not conclude that in order to
avoid risk every person should be handcuffed, regardless of the circumstances.
In most situations handcuffs should be applied with the hands behind the person’s back. When
feasible, handcuffs should be double-locked to prevent tightening, which may cause undue
discomfort or injury to the hands or wrists.
In situations where one pair of handcuffs does not appear sufficient to restrain the individual or may
cause unreasonable discomfort due to the person’s size, officers should consider alternatives,
such as using an additional set of handcuffs or multiple plastic cuffs.
Handcuffs should be removed as soon as it is reasonable or after the person has been searched
and is safely confined within a detention facility.
302.5 SPIT HOODS

Spit hoods/masks/socks are temporary protective devices designed to prevent the wearer from
biting and/or transferring or transmitting fluids (saliva and mucous) to others.
Spit hoods may be placed upon persons in custody when the officer reasonably believes the
person will bite or spit, either on a person or in an inappropriate place. They are generally used
during application of a physical restraint, while the person is restrained, or during or after transport.
Officers utilizing spit hoods should ensure that the spit hood is fastened properly to allow for
adequate ventilation and that the restrained person can breathe normally. Officers should provide
Department
assistance during the movement of restrained individuals due to the potential for impaired or
distorted vision on the part of the individual. Officers should avoid comingling individuals wearing
spit hoods with other detainees.
Spit hoods should not be used in situations where the restrained person is bleeding profusely
from the area around the mouth or nose, or if there are indications that the person has a medical
condition, such as difficulty breathing or vomiting. In such cases, prompt medical care should
be obtained. If the person vomits while wearing a spit hood, the spit hood should be promptly
removed and discarded. Persons who have been sprayed with chemical restraint spray should be
thoroughly decontaminated including hair, head and clothing prior to application of a spit hood.
Those who have been placed in a spit hood should be continually monitored and shall not be left
unattended until the spit hood is removed. Spit hoods shall be discarded after each use.
302.6 AUXILIARY RESTRAINT DEVICES

Auxiliary restraint devices include transport belts, waist or belly chains, transportation chains, leg
irons and other similar devices. Auxiliary restraint devices are intended for use during long-term
restraint or transportation. They provide additional security and safety without impeding breathing,
while permitting adequate movement, comfort and mobility.
Only department-authorized devices may be used. Any person in auxiliary restraints should be
monitored as reasonably appears necessary.
302.7 LEG RESTRAINT DEVICES

Leg restraints may be used to restrain the legs of a violent or potentially violent person when it is
reasonable to do so during the course of detention, arrest or transportation. Only restraint devices
approved by the department shall be used.
In determining whether to use the leg restraint, officers should consider:
(a) Whether the officer or others could be exposed to injury due to the assaultive or
resistant behavior of a suspect.
(b) Whether it is reasonably necessary to protect the suspect from his/her own actions
(e.g., hitting his/her head against the interior of the patrol unit, running away from the
arresting officer while handcuffed, kicking at objects or officers).
(c) Whether it is reasonably necessary to avoid damage to property (e.g., kicking at
windows of the patrol unit).
302.7.1 GUIDELINES FOR USE OF LEG RESTRAINTS

When applying leg restraints the following guidelines should be followed:
(a) If practicable, officers should notify a supervisor of the intent to apply the leg restraint
device. In all cases, a supervisor shall be notified as soon as practicable after the
application of the leg restraint device.
Department
(b) Once applied, absent a medical or other emergency, restraints should remain in place
until the officer arrives at the jail or other facility or the person no longer reasonably
appears to pose a threat.
(c) Once secured, the person should be placed in a seated or upright position, secured
with a seat belt, and shall not be placed on his/her stomach for an extended period,
as this could reduce the person’s ability to breathe.
(d) The restrained person should be continually monitored by an officer while in the leg
restraint. The officer should ensure that the person does not roll onto and remain on
his/her stomach.
(e) The officer should look for signs of labored breathing and take appropriate steps to
relieve and minimize any obvious factors contributing to this condition.
(f) When transported by ambulance/paramedic unit, the restrained person should be
accompanied by an officer when requested by medical personnel. The transporting
officer should describe to medical personnel any unusual behaviors or other
circumstances the officer reasonably believes would be potential safety or medical
risks to the subject (e.g., prolonged struggle, extreme agitation, impaired respiration).
302.8 REQUIRED DOCUMENTATION

If an individual is restrained and released without an arrest, the officer shall document the details
of the detention and the need for handcuffs or other restraints.
If an individual is arrested, the use of restraints other than handcuffs shall be documented in the
related report. The officer should include, as appropriate:
(a) The amount of time the suspect was restrained.
(b) How the suspect was transported and the position of the suspect.
(c) Observations of the suspect’s behavior and any signs of physiological problems.
(d) Any known or suspected drug use or other medical problems.
302.9 TRAINING
Subject to available resources, the Training Sergeant should ensure that officers receive periodic
training on the proper use of handcuffs and other restraints, including:
(a) Proper placement and fit of handcuffs and other restraint devices approved for use
by the Department.
(b) Response to complaints of pain by restrained persons.
(c) Options for restraining those who may be pregnant without the use of leg irons, waist
chains, or handcuffs behind the body.
(d) Options for restraining amputees or those with medical conditions or other physical
conditions that may be aggravated by being restrained.
Department
Control Devices
This policy provides guidelines for the use and maintenance of control devices that are described
in this policy.
303.2 POLICY
In order to control subjects who are violent or who demonstrate the intent to be violent, the
Brooklyn Center Police Department authorizes officers to use control devices in accordance with
the guidelines in this policy and the Use of Force Policy.
303.3 ISSUING, CARRYING AND USING CONTROL DEVICES

Control devices described in this policy may be carried and used by members of this department
only if the device has been issued by the Department or approved by the Chief of Police or the
authorized designee.
Only officers who have successfully completed department-approved training in the use of any
control device are authorized to carry and use the device.
Control devices may be used when a decision has been made to control, restrain or arrest a
subject who is violent or who demonstrates the intent to be violent, and the use of the device
appears reasonable under the circumstances. When reasonable, a verbal warning and opportunity
to comply should precede the use of these devices.
When using control devices, officers should carefully consider potential impact areas in order to
minimize injuries and unintentional targets.
303.4.1 RANGEMASTER RESPONSIBILITIES

The Training Sergeant shall control the inventory and issuance of all control devices and shall
ensure that all damaged, inoperative, outdated or expended control devices or munitions are
properly disposed of, repaired or replaced.
Every control device will be periodically inspected by the officer or the designated instructor for
a particular control device.
303.4.2 USER RESPONSIBILITIES

All normal maintenance, charging or cleaning shall remain the responsibility of personnel using
the various devices.
Any damaged, inoperative, outdated or expended control devices or munitions, along with
documentation explaining the cause of the damage, shall be returned to the designated instructor
or Training Sergeant for disposition. A report may be required and forwarded through the chain of
command, when appropriate, explaining the cause of damage.
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Department
Control Devices
303.5 BATON GUIDELINES

The need to immediately control a suspect must be weighed against the risk of causing serious
injury. The head, neck, throat, spine, heart, kidneys and groin should not be intentionally targeted
except when the officer reasonably believes the suspect poses an imminent threat of serious
bodily injury or death to the officer or others.
When carrying a baton, uniformed personnel shall carry the baton in its authorized holder on the
equipment belt. Plainclothes and non-field personnel may carry the baton as authorized and in
accordance with the needs of their assignment or at the direction of their supervisor.
303.6 TEAR GAS GUIDELINES

Tear gas may be used for crowd control, crowd dispersal or against barricaded suspects based
on the circumstances. Only the Chief of Police or designee may authorize the delivery and use
of tear gas, and only after evaluating all conditions known at the time and determining that such
force reasonably appears justified and necessary.
When practicable, fire personnel should be alerted or summoned to the scene prior to the
deployment of tear gas to control any fires and to assist in providing medical aid or gas evacuation
if needed.
303.7 CHEMICAL RESTRAINT GUIDELINES

As with other control devices, chemical restraint may be considered for use to bring under control
an individual or groups of individuals who are engaging in, or are about to engage in violent
behavior. Chemical restraint should not be used against individuals or groups who merely fail to
disperse or do not reasonably appear to present a risk to the safety of officers or the public.
303.7.1 CHEMICAL RESTRAINT

Uniformed personnel carrying chemical restraint shall carry the device in its holster on the
equipment belt. Plainclothes and non-field personnel shall carry chemical restraint as authorized,
in accordance with the needs of their assignment or at the direction of their supervisor.
303.7.2 TREATMENT FOR EXPOSURE

Persons who have been sprayed with or otherwise affected by chemical restraint should be
decontaminated in accordance with the recommendations of the products manufacturer. Persons
requesting water to cleanse the affected area shall be provided with it when practical. Those
persons who complain of further severe effects shall be examined by appropriate medical
personnel.
303.8 POST-APPLICATION NOTICE

Whenever tear gas or chemical restraint has been introduced into a residence, building interior,
vehicle or other enclosed area, officers should provide the owners or available occupants with
notice of the possible presence of residue that could result in irritation or injury if the area
is not properly cleaned. Such notice should include advisement that clean up will be at the

Department
Control Devices
owner's expense. Information regarding the method of notice and the individuals notified should
be included in related reports.
303.9 KINETIC ENERGY PROJECTILE GUIDELINES

This department is committed to reducing the potential for violent confrontations. Kinetic energy
projectiles, when used properly, are less likely to result in death or serious physical injury and can
be used in an attempt to de-escalate a potentially deadly situation.
303.9.1 DEPLOYMENT AND USE

Only department-approved kinetic energy munitions shall be carried and deployed. Approved
munitions may be used to compel an individual to cease his/her actions when such munitions
present a reasonable option.
Officers are not required or compelled to use approved munitions in lieu of other reasonable tactics
if the involved officer determines that deployment of these munitions cannot be done safely. The
safety of hostages, innocent persons and officers takes priority over the safety of subjects engaged
in criminal or suicidal behavior.
Circumstances appropriate for deployment include, but are not limited to, situations in which:
(a) The suspect is armed with a weapon and the tactical circumstances allow for the safe
application of approved munitions.
(b) The suspect has made credible threats to harm him/herself or others.
(c) The suspect is engaged in riotous behavior or is throwing rocks, bottles or other
dangerous projectiles at people and/or officers.
(d) There is probable cause to believe that the suspect has already committed a crime of
violence and is refusing to comply with lawful orders.
303.9.2 DEPLOYMENT CONSIDERATIONS

Before discharging projectiles, the officer should consider such factors as:
(a) Distance and angle to target.
(b) Type of munitions employed.
(c) Type and thickness of subject’s clothing.
(d) The subject’s proximity to others.
(e) The location of the subject.
(f) Whether the subject’s actions dictate the need for an immediate response and the use
of control devices appears appropriate.
A verbal warning of the intended use of the device should precede its application, unless it would
otherwise endanger the safety of officers or when it is not practicable due to the circumstances.

Department
Control Devices
The purpose of the warning is to give the individual a reasonable opportunity to voluntarily comply
and to warn other officers and individuals that the device is being deployed.
Officers should keep in mind the manufacturer’s recommendations and their training regarding
effective distances and target areas. However, officers are not restricted solely to use according to
manufacturer recommendations. Each situation must be evaluated on the totality of circumstances
at the time of deployment.
The need to immediately incapacitate the subject must be weighed against the risk of causing
serious injury or death. The head and neck should not be intentionally targeted, except when the
officer reasonably believes the suspect poses an imminent threat of serious bodily injury or death
to the officer or others.
303.9.3 SAFETY PROCEDURES

Shotguns specifically designated for use with kinetic energy projectiles will be specially marked
in a manner that makes them readily identifiable as such.
Officers will inspect the shotgun and projectiles at the beginning of each shift and ensure the
shotgun is in proper working order and the projectiles are of the approved type and appear to be
free from defects.
When it is not deployed, the shotgun will be unloaded and properly and securely stored. When
deploying the kinetic energy projectile shotgun, the officer shall visually inspect the kinetic energy
projectiles to ensure that conventional ammunition is not being loaded into the shotgun.
At no time will conventional ammunition be used.
303.10 TRAINING FOR CONTROL DEVICES

The Training Sergeant shall ensure that all personnel who are authorized to carry a control
device have been properly trained and certified to carry the specific control device and are
retrained or recertified as necessary. Officers will receive training on the use of issued control
devices and this policy, including the learning objectives as provided by POST, at least
annually (Minn. Stat. § 626.8452, Subd. 3).
(a) Proficiency training shall be monitored and documented by a certified, control-device
weapons or tactics instructor.
(b) All training and proficiency for control devices will be documented in the officer’s
training file.
(c) Officers who fail to demonstrate proficiency with the control device or knowledge of
this agency’s Use of Force Policy will be provided remedial training. If an officer cannot
demonstrate proficiency with a control device or knowledge of this agency’s Use of
Force Policy after remedial training, the officer will be restricted from carrying the
control device and may be subject to discipline.

Department
Control Devices
303.11 REPORTING USE OF CONTROL DEVICES AND TECHNIQUES

Any application of a control device or technique listed in this policy shall be documented in the
related incident report and reported pursuant to the Use of Force Policy.

Department
Conducted Energy Device

This policy provides guidelines for the issuance and use of the TASER (TM) device.
304.2 POLICY
The TASER device is intended to control a violent or potentially violent individual, while minimizing
the risk of serious injury. The appropriate use of such a device should result in fewer serious
injuries to officers and suspects.
304.3 ISSUANCE AND CARRYING TASER DEVICES

Only members who have successfully completed department-approved training may be issued
and carry the TASER device.
Officers shall only use the TASER device and cartridges that have been issued by the Department.
Uniformed officers who have been issued the TASER device shall wear the device in an approved
holster on their person.
Members carrying the TASER device should perform a spark test on the unit prior to every shift.
When carried while in uniform, officers shall carry the TASER device in a reaction-side holster on
the side opposite the duty weapon.
(a) All TASER devices shall be clearly and distinctly marked to differentiate them from the
duty weapon and any other device.
(b) Officers should not hold both a firearm and the TASER device at the same time.
304.4 VERBAL AND VISUAL WARNINGS

A verbal warning of the intended use of the TASER device should precede its application,
unless it would otherwise endanger the safety of officers or when it is not practicable due to the
circumstances. The purpose of the warning is to:
(a) Provide the individual with a reasonable opportunity to voluntarily comply.
(b) Provide other officers and individuals with a warning that the TASER device may be
deployed.
If, after a verbal warning, an individual is unwilling to voluntarily comply with an officer’s lawful
orders and it appears both reasonable and feasible under the circumstances, the officer may, but
is not required to, display the electrical arc (provided that a cartridge has not been loaded into the
device), or the laser in a further attempt to gain compliance prior to the application of the TASER
device. The aiming laser should never be intentionally directed into the eyes of another as it may
permanently impair his/her vision.
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Department
The fact that a verbal or other warning was given or the reasons it was not given shall be
documented by the officer deploying the TASER device in the related report.
304.5 USE OF THE TASER DEVICE

The TASER device has limitations and restrictions requiring consideration before its use. The
TASER device should only be used when its operator can safely approach the subject within the
operational range of the device. Although the TASER device is generally effective in controlling
most individuals, officers should be aware that the device may not achieve the intended results
and be prepared with other options.
304.5.1 APPLICATION OF THE TASER DEVICE

The TASER device may be used in any of the following circumstances, when the circumstances
perceived by the officer at the time indicate that such application is reasonably necessary to control
a person:
(a) The subject is violent or is physically resisting.
(b) The subject has demonstrated, by words or action, an intention to be violent or to
physically resist, and reasonably appears to present the potential to harm officers,
him/herself or others.
Mere flight from a pursuing officer, without other known circumstances or factors, is not good
cause for the use of the TASER device to apprehend an individual.
304.5.2 SPECIAL DEPLOYMENT CONSIDERATIONS

The use of the TASER device on certain individuals should generally be avoided unless the totality
of the circumstances indicates that other available options reasonably appear ineffective or would
present a greater danger to the officer, the subject or others, and the officer reasonably believes
that the need to control the individual outweighs the risk of using the device. This includes:
(a) Individuals who are known to be pregnant.
(b) Elderly individuals or obvious juveniles.
(c) Individuals with obviously low body mass.
(d) Individuals who are handcuffed or otherwise restrained.
(e) Individuals who have been recently sprayed with a flammable chemical agent or
who are otherwise in close proximity to any known combustible vapor or flammable
material, including alcohol-based oleoresin capsicum (OC) spray.
(f) Individuals whose position or activity may result in collateral injury (e.g., falls from
height, operating vehicles).
Because the application of the TASER device in the drive-stun mode (i.e., direct contact without
probes) relies primarily on pain compliance, the use of the drive-stun mode generally should be
limited to supplementing the probe-mode to complete the circuit, or as a distraction technique
Department
to gain separation between officers and the subject, thereby giving officers time and distance to
consider other force options or actions.
The TASER device shall not be used to psychologically torment, elicit statements or to punish
any individual.
304.5.3 TARGETING CONSIDERATIONS

Reasonable efforts should be made to target lower center mass and avoid the head, neck, chest
and groin. If the dynamics of a situation or officer safety do not permit the officer to limit the
application of the TASER device probes to a precise target area, officers should monitor the
condition of the subject if one or more probes strikes the head, neck, chest or groin until the subject
is examined by paramedics or other medical personnel.
304.5.4 MULTIPLE APPLICATIONS OF THE TASER DEVICE

Officers should apply the TASER device for only one standard cycle and then evaluate the situation
before applying any subsequent cycles. Multiple applications of the TASER device against a single
individual are generally not recommended and should be avoided unless the officer reasonably
believes that the need to control the individual outweighs the potentially increased risk posed by
multiple applications.
If the first application of the TASER device appears to be ineffective in gaining control of an
individual, the officer should consider certain factors before additional applications of the TASER
device, including:
(a) Whether the probes are making proper contact.
(b) Whether the individual has the ability and has been given a reasonable opportunity
to comply.
(c) Whether verbal commands, other options or tactics may be more effective.
Officers should generally not intentionally apply more than one TASER device at a time against
a single subject.
304.5.5 ACTIONS FOLLOWING DEPLOYMENTS

Officers shall notify a supervisor of all TASER device discharges. The expended cartridge, along
with both probes and wire, should be submitted into evidence. The cartridge serial number should
be noted and documented on the evidence paperwork. The evidence packaging should be marked
"Biohazard" if the probes penetrated the subject's skin.
304.5.6 DANGEROUS ANIMALS

The TASER device may be deployed against an animal as part of a plan to deal with a potentially
dangerous animal, such as a dog, if the animal reasonably appears to pose an imminent threat to
human safety and alternative methods are not reasonably available or would likely be ineffective.
304.5.7 OFF-DUTY CONSIDERATIONS

Officers are not authorized to carry department TASER devices while off-duty.
Department
304.6 DOCUMENTATION
Officers shall document all TASER device discharges in the related arrest/crime report and the
Report of Resistance report form. Notification shall also be made to a supervisor in compliance
with the Use of Force Policy. Unintentional discharges, pointing the device at a person, laser
activation and arcing the device will also be documented on the report form.
304.6.1 TASER DEVICE FORM

Items that shall be included in the Report of Resistance report form are:
(a) The type and brand of TASER device and cartridge.
(b) Date, time and location of the incident.
(c) Whether any display, laser or arc deterred a subject and gained compliance.
(d) The number of TASER device activations, the duration of each cycle, the duration
between activations, and (as best as can be determined) the duration that the subject
received applications.
(e) The range at which the TASER device was used.
(f) The type of mode used (probe or drive-stun).
(g) Location of any probe impact.
(h) Location of contact in drive-stun mode.
(i) Description of where missed probes went.
(j) Whether medical care was provided to the subject.
(k) Whether the subject sustained any injuries.
(l) Whether any officers sustained any injuries.
The Training Sergeant or designee should periodically analyze the report forms to identify trends,
including deterrence and effectiveness. The Training Sergeant or designee should also conduct
audits of data downloads and reconcile TASER device report forms with recorded activations.
304.6.2 REPORTS
The officer should include the following in the arrest/crime report:
(a) Identification of all personnel firing TASER devices
(b) Identification of all witnesses
(c) Medical care provided to the subject
(d) Observations of the subject’s physical and physiological actions
(e) Any known or suspected drug use, intoxication or other medical problems
Department
304.7 MEDICAL TREATMENT

Consistent with local medical personnel protocols only appropriate medical personnel should
remove TASER device probes from sensitive areas(i.e. head, neck, face, groin, female breast).
Used TASER device probes shall be treated as a sharps biohazard, similar to a used hypodermic
needle, and handled appropriately. Universal precautions should be taken.
All persons who have been struck by TASER device probes or who have been subjected to the
electric discharge of the device shall be medically assessed prior to booking. Additionally, any
such individual who falls under any of the following categories should, as soon as practicable, be
examined by paramedics or other qualified medical personnel:
(a) The person is suspected of being under the influence of controlled substances and/
or alcohol.
(b) The person may be pregnant.
(c) The person reasonably appears to be in need of medical attention.
(d) The TASER device probes are lodged in a sensitive area (e.g., groin, female breast,
head, face, neck).
(e) The person requests medical treatment.
Any individual exhibiting signs of distress or who is exposed to multiple or prolonged applications
(i.e., more than 15 seconds) shall be transported to a medical facility for examination or medically
evaluated prior to booking. If any individual refuses medical attention, such a refusal should be
witnessed by another officer and/or medical personnel and shall be fully documented in related
reports. If an audio recording is made of the contact or an interview with the individual, any refusal
should be included, if possible.
The transporting officer shall inform any person providing medical care or receiving custody that
the individual has been subjected to the application of the TASER device.
304.8 SUPERVISOR RESPONSIBILITIES

When possible, supervisors should respond to calls when they reasonably believe there is a
likelihood the TASER device may be used. A supervisor should respond to all incidents where
the TASER device was activated.
A supervisor should review each incident where a person has been exposed to an activation of
the TASER device. The device's onboard memory should be downloaded through the data port
by a supervisor or designee and saved with the related arrest/crime report. Photographs of probe
sites should be taken and witnesses interviewed.
304.9 TRAINING
Personnel who are authorized to carry the TASER device shall be permitted to do so only after
successfully completing the initial department-approved training. Any personnel who have not
carried the TASER device as a part of their assignment for a period of one year or more shall be
Department
recertified by the department-approved TASER device instructor prior to again carrying or using
the device.
Proficiency training for personnel who are authorized to carry TASER devices should occur every
year. A reassessment of an officer's knowledge and/or practical skill may be required at any time
if deemed appropriate by the Training Sergeant. All training and proficiency for TASER devices
will be documented in the officer's training file.
Command staff, supervisors and investigators should receive TASER device training as
appropriate for the investigations they conduct and review.
Officers who do not carry TASER devices should receive training that is sufficient to familiarize
them with the device and with working with officers who use the device.
The Training Sergeant is responsible for ensuring that all members who carry TASER devices
have received initial and annual proficiency training. Periodic audits should be used for verification.
Application of TASER devices during training could result in injury to personnel and should not
be mandatory for certification.
The Training Sergeant should ensure that all training includes:
(a) A review of this policy.
(b) A review of the Use of Force Policy.
(c) Performing reaction-hand draws or cross-draws to reduce the possibility of
accidentally drawing and firing a firearm.
(d) Target area considerations, to include techniques or options to reduce the accidental
application of probes near the head, neck, chest and groin.
(e) Handcuffing a subject during the application of the TASER device and transitioning
to other force options.
(f) De-escalation techniques.
(g) Restraint techniques that do not impair respiration following the application of the
TASER device.
Department
Officer-Involved Shooting and Deaths

The purpose of this policy is to establish policy and procedures for the investigation of an incident
in which a person is injured or dies as the result of an officer-involved shooting or dies as a result
of other action of an officer.
In other incidents not covered by this policy, the Chief of Police may decide that the investigation
will follow the process provided in this policy.
305.2 POLICY
The policy of the Brooklyn Center Police Department is to ensure that officer-involved shootings
and deaths are investigated in a thorough, fair and impartial manner.
305.3 TYPES OF INVESTIGATIONS

Officer-involved shootings and deaths involve several separate investigations. The investigations
may include:
• A criminal investigation of the suspect’s actions.
• A criminal investigation of the involved officer’s actions.
• An administrative investigation as to policy compliance by involved officers.
• A civil investigation to determine potential liability.
305.4 CONTROL OF INVESTIGATIONS

Investigators from surrounding agencies may be assigned to work on the criminal investigation of
officer-involved shootings and deaths. This may include at least one investigator from the agency
that employs the involved officer.
Jurisdiction is determined by the location of the shooting or death and the agency employing the
involved officer. The following scenarios outline the jurisdictional responsibilities for investigating
officer-involved shootings and deaths.
305.4.1 CRIMINAL INVESTIGATION OF SUSPECT ACTIONS

The investigation of any possible criminal conduct by the suspect is controlled by the agency
in whose jurisdiction the suspect’s crime occurred. For example, the Brooklyn Center Police
Department would control the investigation if the suspect’s crime occurred in Brooklyn Center.
If multiple crimes have been committed in multiple jurisdictions, identification of the agency that
will control the investigation may be reached in the same way as with any other crime. The
investigation may be conducted by the agency in control of the criminal investigation of the involved
officer, at the discretion of the Chief of Police and with concurrence from the other agency.
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Department
305.4.2 CRIMINAL INVESTIGATION OF OFFICER ACTIONS

The control of the criminal investigation into the involved officer’s conduct during the incident
will be determined by the employing agency’s protocol. When an officer from this department is
involved, the criminal investigation will be handled according to the Criminal Investigation section
of this policy.
Requests made of this department to investigate a shooting or death involving an outside agency’s
officer shall be referred to the Chief of Police or the authorized designee for approval.
305.4.3 ADMINISTRATIVE AND CIVIL INVESTIGATION

Regardless of where the incident occurs, the administrative and civil investigation of each involved
officer is controlled by the respective employing agency.
305.4.4 INVESTIGATION RESPONSIBILITY MATRIX

The following table identifies the possible scenarios and responsibilities for the investigation of
officer-involved shootings:
Criminal Criminal Civil Investigation Administrative

Investigation Investigation of Review
of Suspect(s) Peace Officer(s)

BCPD Officer in BCPD BCPD BCPD or designee BCPD
This Investigators Investgators Commander
Jurisdiction or Outside Agency or Outside Agency of Investigations
Outside BCPD BCPD Involved Peace Involved Peace
Agency's Investigators Investgators Officer's Agency Officer's Agency
Peace Officer in or Outside Agency or Outside Agency
This Jurisdiction
BCPD Officer in Agency where Decision made by BCPD or BCPD
Another incident designee Commander
agency where
Jurisdiction occurred of Investigations
incident occurred
305.4.5 POST ADMINISTRATIVE INVESTIGATIONS

The Minnesota POST Board may require an administrative investigation based on a complaint
alleging a violation of a statute or rule that the board is empowered to enforce. An officer-involved
shooting may result in such an allegation. Any such complaint assigned to this department shall
be completed and a written summary submitted to the POST executive director within 30 days of
the order for inquiry (Minn. Stat. § 214.10 Subd. 10).
305.5 INVESTIGATION PROCESS

The following procedures are guidelines used in the investigation of an officer-involved shooting
or death:
Department
305.5.1 UNINVOLVED OFFICER RESPONSIBILITIES

Upon arrival at the scene of an officer-involved shooting or death, the first uninvolved BCPD officer
will be the officer-in-charge and will assume the responsibilities of a supervisor until properly
relieved. This officer should, as appropriate:
(a) Secure the scene and identify and eliminate hazards for all those involved.
(b) Take reasonable steps to obtain emergency medical attention for injured individuals.
(c) Request additional resources from the Department or other agencies.
(d) Coordinate a perimeter or pursuit of suspects.
(e) Check for injured persons and evacuate as needed.
(f) Brief the supervisor upon arrival.
305.5.2 SUPERVISOR RESPONSIBILITIES

Upon arrival at the scene, the first uninvolved BCPD supervisor should ensure completion of the
duties as outlined above, plus:
(a) Attempt to obtain a brief overview of the situation from any uninvolved officers.
1. In the event that there are no uninvolved officers who can supply adequate
overview, the supervisor should attempt to obtain a brief voluntary overview from
one involved officer.
(b) If necessary, the supervisor may administratively order any BCPD officer to
immediately provide public safety information necessary to secure the scene, identify
injured parties and pursue suspects.
1. Public safety information shall be limited to such things as outstanding suspect
information, number and direction of any shots fired, perimeter of the incident
scene, identity of known or potential witnesses and any other pertinent
information.
2. The initial on-scene supervisor should not attempt to order any involved officer
to provide any information other than public safety information.
(c) Provide all available information to the Shift Sergeant and Dispatch. If feasible,
sensitive information should be communicated over secure networks.
(d) Take command of and secure the incident scene with additional BCPD members until
properly relieved by another supervisor or other assigned personnel or investigator.
(e) As soon as practicable, ensure that involved officers are transported (separately, if
feasible) to a suitable location for further direction.
1. Each involved BCPD officer should be given an administrative order not to
discuss the incident with other involved officers or BCPD members pending
further direction from a supervisor.
2. When an involved officer’s weapon is taken or left at the scene for other than
officer-safety reasons (e.g., evidence), ensure that he/she is provided with a
comparable replacement weapon or transported by other officers.
Department
305.5.3 SHIFT SERGEANT RESPONSIBILITIES

Upon learning of an officer-involved shooting or death, the Shift Sergeant shall be responsible for
coordinating all aspects of the incident until he/she is relieved by the Chief of Police or a Division
Commander.
All outside inquiries about the incident shall be directed to the Shift Sergeant.
The following person(s) shall be notified as soon as practicable:
• DCO
• Chief of Police
• All Divisional Commanders
• Outside agency investigators (if appropriate)
• Psychological/peer support personnel
• Medical Examiner (if necessary)
• Officer representative (union and legal
All outside inquiries about the incident shall be directed to the PIO.
305.5.5 INVOLVED OFFICERS

The following shall be considered for the involved officer:
(a) Any request for legal or union representation will be accommodated.
1. Involved BCPD officers shall not be permitted to meet collectively or in a group
with an attorney or any representative prior to providing a formal interview or
report.
2. Requests from involved non-BCPD officers should be referred to their employing
agency.
(b) Discussions with licensed attorneys will be considered privileged as attorney-client
communications.
(c) Discussions with agency representatives/employee groups will be privileged only as
to the discussion of non-criminal information.
(d) A licensed psychotherapist shall be provided by the Department to each
involved BCPD officer. A licensed psychotherapist may also be provided to any other
affected BCPD members, upon request.
1. Interviews with a licensed psychotherapist will be considered privileged.
2. An interview or session with a licensed psychotherapist may take place prior to
the member providing a formal interview or report. However, involved members
shall not be permitted to consult or meet collectively or in a group with a licensed
psychotherapist prior to providing a formal interview or report.
Department
3. A separate fitness-for-duty exam may also be required (see the Fitness for Duty
Policy).
(e) Communications with peer counselors are privileged and shall not be disclosed without
the permission of the involved officer (Minn. Stat. § 181.973).
Care should be taken to preserve the integrity of any physical evidence present on the involved
officer's equipment or clothing, such as blood or fingerprints, until investigators or lab personnel
can properly retrieve it.
Each involved BCPD officer shall be given reasonable paid administrative leave following an
officer-involved shooting or death. It shall be the responsibility of the Shift Sergeant to make
schedule adjustments to accommodate such leave.
305.5.6 INVOLVED OFFICERS

Once the involved officers have arrived at the station, the supervisor should direct each officer
that the incident shall not be discussed except with authorized personnel or representatives. The
following shall be considered for the involved officer:
(a) Any request for department or legal or union representation will be accommodated.
However, no involved officer shall be permitted to meet collectively or in a group with
an attorney or any representative prior to providing a formal interview or report.
(b) Discussions with licensed attorneys will be considered privileged as attorney-client
communication.
(c) Discussions with organization representatives (e.g., employee association) will be
privileged only if otherwise protected by evidentiary privilege.
(d) A psychologist or other psychotherapist shall be provided by the Department to each
involved officer, or any other officer.
1. Interviews with a licensed psychotherapist will be considered privileged and
will not be disclosed except to the extent that a report is required to determine
whether the officer is fit for return to duty.
2. An interview or session with a licensed psychotherapist may take place prior
to the involved officer providing a formal interview or report, but the involved
officers shall not be permitted to consult or meet collectively or in a group with
a licensed psychotherapist prior to providing a formal interview or report.
(e) Although the Department will honor the sensitivity of communications with peer
counselors, there is no legal privilege to such. Peer counselors are cautioned against
discussing the facts of any incident with an involved or witness officer.
Care should be taken to preserve the integrity of any physical evidence present on the officer's
equipment or clothing, such as blood or fingerprints, until investigators or crime scene personnel
can properly retrieve it.
Department
Investigators shall make reasonable accommodations to the officer's physical and emotional
needs.
Each involved officer shall be given reasonable paid administrative leave following an officer-
involved shooting. It shall be the responsibility of the Shift Sergeant or Commander to make
schedule adjustments to accommodate such leave.
305.6 CRIMINAL INVESTIGATION

The County Attorney's Office is responsible for the criminal investigation into the circumstances
of any officer-involved shooting or death.
If available, investigative personnel from this department may be assigned to partner with
investigators from outside agencies or the County Attorney's Office to avoid duplicating efforts in
related criminal investigations.
Once public safety issues have been addressed, criminal investigators should be given the
opportunity to obtain a voluntary statement from involved officers and to complete their interviews.
The following shall be considered for the involved officer:
(a) BCPD supervisors and Commander of Investigations personnel should not participate
directly in any voluntary interview of BCPD officers. This will not prohibit such
personnel from monitoring interviews or providing the criminal investigators with topics
for inquiry.
(b) If requested, any involved officer will be afforded the opportunity to consult individually
with a representative of his/her choosing or an attorney prior to speaking with criminal
investigators. However, in order to maintain the integrity of each involved officer’s
statement, involved officers shall not consult or meet with a representative or an
attorney collectively or in groups prior to being interviewed.
(c) If any involved officer is physically, emotionally or otherwise not in a position to provide
a voluntary statement when interviewed by criminal investigators, consideration
should be given to allowing a reasonable period for the officer to schedule an alternate
time for the interview.
(d) Any voluntary statement provided by an involved officer will be made available for
inclusion in any related investigation, including administrative investigations. However,
no administratively coerced statement will be provided to any criminal investigators
unless the officer consents.
305.6.1 REPORTS BY INVOLVED BCPD OFFICERS

In the event that suspects remain outstanding or subject to prosecution for related offenses,
this department shall retain the authority to require involved BCPD officers to provide sufficient
information for related criminal reports to facilitate the apprehension and prosecution of those
individuals.
While the involved BCPD officer may write the report, it is generally recommended that such
reports be completed by assigned investigators, who should interview all involved officers as
victims/witnesses. Since the purpose of these reports will be to facilitate criminal prosecution,
Department
statements of involved officers should focus on evidence to establish the elements of criminal
activities by suspects. Care should be taken not to duplicate information provided by involved
officers in other reports.
Nothing in this section shall be construed to deprive an involved BCPD officer of the right to consult
with legal counsel prior to completing any such criminal report.
Reports related to the prosecution of criminal suspects will be processed according to normal
procedures but should also be included for reference in the investigation of the officer-involved
shooting or death.
305.6.2 WITNESS IDENTIFICATION AND INTERVIEWS

Because potential witnesses to an officer-involved shooting or death may become unavailable
or the integrity of their statements compromised with the passage of time, a supervisor should
take reasonable steps to promptly coordinate with criminal investigators to utilize available law
enforcement personnel for the following:
(a) Identification of all persons present at the scene and in the immediate area.
1. When feasible, a recorded statement should be obtained from those persons
who claim not to have witnessed the incident but who were present at the time
it occurred.
2. Any potential witness who is unwilling or unable to remain available for a formal
interview should not be detained absent reasonable suspicion to detain or
probable cause to arrest. Without detaining the individual for the sole purpose
of identification, attempts to identify the witness prior to his/her departure should
be made whenever feasible.
(b) Witnesses who are willing to provide a formal interview should be asked to meet at a
suitable location where criminal investigators may obtain a recorded statement. Such
witnesses, if willing, may be transported by a member of the Department.
1. A written, verbal or recorded statement of consent should be obtained prior to
transporting a witness. When the witness is a minor, consent should be obtained
from the parent or guardian, if available, prior to transportation.
(c) Promptly contacting the suspect’s known family and associates to obtain any available
and untainted background information about the suspect’s activities and state of mind
prior to the incident.
305.6.3 INVESTIGATIVE PERSONNEL

Once notified of an officer-involved shooting or death, it shall be the responsibility of the
designated Investigations Division supervisor to assign appropriate investigative personnel to
handle the investigation of related crimes. Department investigators will be assigned to work with
investigators from the County Attorney's Office and may be assigned to separately handle the
investigation of any related crimes not being investigated by the County Attorney's Office.
All related department reports, except administrative and/or privileged reports, will be forwarded
to the designated Investigations Division supervisor for approval. Privileged reports shall be
Department
maintained exclusively by members who are authorized such access. Administrative reports will
be forwarded to the appropriate Division Commander.
305.7 ADMINISTRATIVE INVESTIGATION

In addition to all other investigations associated with an officer-involved shooting or death,
this department will conduct an internal administrative investigation of involved BCPD officers
to determine conformance with department policy. This investigation will be conducted under
the supervision of the Commander of Investigations and will be considered a confidential officer
personnel file.
Interviews of members shall be subject to department policies and applicable laws (Personnel
Complaints Policy; Minn. Stat. § 626.89).
(a) Any officer involved in a shooting or death may be requested or administratively
compelled to provide a blood sample for alcohol/drug screening in accordance with the
drug and alcohol testing guidelines in the Drug- and Alcohol-Free Workplace Policy
adopted under the authority of Minn. Stat. § 181.950 to Minn. Stat. § 181.957. Absent
consent from the officer, such compelled samples and the results of any such testing
shall not be disclosed to any criminal investigative agency.
(b) If any officer has voluntarily elected to provide a statement to criminal investigators, the
assigned administrative investigator should review that statement before proceeding
with any further interview of that involved officer.
1. If a further interview of the officer is deemed necessary to determine policy
compliance, care should be taken to limit the inquiry to new areas with minimal,
if any, duplication of questions addressed in the voluntary statement. The
involved officer shall be provided with a copy of his/her prior statement before
proceeding with any subsequent interviews.
(c) In the event that an involved officer has elected not to provide criminal investigators
with a voluntary statement, the assigned administrative investigator shall conduct an
administrative interview to determine all relevant information (Minn. Stat. § 626.89).
1. Although this interview should not be unreasonably delayed, care should be
taken to ensure that the officer’s physical and psychological needs have been
addressed before commencing the interview.
2. The interview must be taken at the BCPD or at a place agreed to by the
interviewer and the involved officer.
3. The interview must be of reasonable duration and provide the involved officer
reasonable periods for rest and personal necessities. When practicable, the
interview must be held during the involved officer’s regularly scheduled work
shift. If not, the involved officer must be compensated at his/her current pay rate.
4. If requested, the officer shall have the opportunity to select an uninvolved
representative or an attorney, or both, to be present during the interview.
However, in order to maintain the integrity of each individual officer’s statement,
involved officers shall not consult or meet with a representative collectively or in
groups prior to being interviewed.
Department
5. Administrative interviews shall be recorded electronically or otherwise by the

investigator. The officer may also record the interview. A complete copy or
transcript of the interview must be provided to the involved officer upon written
request without charge or undue delay.
6. The officer shall be informed of the nature of the investigation. If an officer
refuses to answer questions, he/she should be given his/her Garrity rights and
ordered to provide full and truthful answers to all questions. The officer shall be
informed in writing or on the record that the interview will be for administrative
purposes only and that the statement cannot be used criminally.
7. The Commander of Investigations shall compile all relevant information and
reports necessary for the Department to determine compliance with applicable
policies.
8. Regardless of whether the use of force is an issue in the case, the completed
administrative investigation shall be submitted to the Use of Force Review
Board, which will restrict its findings as to whether there was compliance with
the Use of Force Policy.
9. Any other indications of potential policy violations shall be determined in
accordance with standard disciplinary procedures.
305.8 CIVIL LIABILITY RESPONSE

A member of this department may be assigned to work exclusively under the direction of the
legal counsel for the Department to assist in the preparation of materials deemed necessary in
anticipation of potential civil litigation.
All materials generated in this capacity shall be considered attorney work product and may not be
used for any other purpose. The civil liability response is not intended to interfere with any other
investigation but shall be given reasonable access to all other investigations.
305.9 AUDIO AND VIDEO RECORDINGS

Any officer involved in a shooting or death may be permitted to review their available Mobile
Audio/Video (MAV) which includes their body-worn video prior to providing a recorded statement
or completing reports but only after the involved officer has met with the investigative entity or
designee regarding the process for a critical incident.
Upon request, non-law enforcement witnesses who are able to verify their presence and their
ability to contemporaneously perceive events at the scene of an incident may also be permitted
to review available MAV, body-worn video, or other video or audio recordings with the approval
of assigned investigators or a supervisor.
Any MAV, body-worn and other known video or audio recordings of an incident should not be
publicly released during an ongoing investigation without consulting the prosecuting attorney
or City Attorney’s Office, as appropriate.
Department
305.10 DEBRIEFING
Following an officer-involved shooting or death, the Brooklyn Center Police Department should
conduct both a critical incident/stress debriefing and a tactical debriefing.
305.10.1 CRITICAL INCIDENT/STRESS DEBRIEFING

A critical incident/stress debriefing should occur as soon as practicable.
The Administration Division Commander is responsible for organizing the debriefing. Notes and
recorded statements should not be taken because the sole purpose of the debriefing is to help
mitigate the stress-related effects of a traumatic event (Minn. Stat. § 181.973).
The debriefing is not part of any investigative process. Care should be taken not to release or
repeat any communication made during a debriefing unless otherwise authorized by policy, law
or a valid court order.
Attendance at the debriefing shall only include those members of the Department directly involved
in the incident, which can include support personnel (e.g., dispatchers, other non-sworn). Family
or other support personnel may attend with the concurrence of those involved in the incident.
The debriefing shall be closed to the public and should be closed to all other members of
the Department, including supervisory and Commander of Investigations personnel.
305.10.2 TACTICAL DEBRIEFING

A tactical debriefing should take place to identify any training or areas of policy that need
improvement. The Chief of Police should identify the appropriate participants. This debriefing
should not be conducted until all involved members have provided recorded or formal statements
to criminal and/or administrative investigators.
305.11 REPORTING
If an officer discharges a firearm in the course of duty, the Chief of Police shall notify the
Commissioner of Public Safety within 30 days of the reason for and the circumstances surrounding
the discharge of the firearm (Minn. Stat.§ 626.553).
305.12 MEDIA RELATIONS

Any media release shall be prepared with input and concurrence from the supervisor
and department representative responsible for each phase of the investigation. Releases will be
available to the Shift Sergeant, Investigation Division Commander and Public Information Officer
in the event of inquiries from the media.
No involved BCPD officer shall make any comment to the media unless he/she is authorized by
the Chief of Police or a Division Commander.
Department members receiving inquiries regarding officer-involved shootings or deaths occurring
in other jurisdictions shall refrain from public comment and will direct those inquiries to the agency
having jurisdiction and primary responsibility for the investigation.
Department
Firearms
This policy provides guidelines for issuing firearms, the safe and legal carrying of firearms, firearms
maintenance and firearms training.
This policy does not apply to issues related to the use of firearms that are addressed in the Use
of Force or Officer-Involved Shootings and Deaths policies.
This policy only applies to those members who are authorized to carry firearms.
306.1.1 AUTHORIZATION TO CARRY FIREARMS

All licensed personnel shall successfully complete department training regarding the use of force,
deadly force and the use of firearms before being issued a firearm or being authorized to carry a
firearm in the course of their duties (Minn. Stat. § 626.8452, Subd. 3; Minn. Stat. § 626.8463).
306.2 POLICY
The Brooklyn Center Police Department will equip its members with firearms to address the risks
posed to the public and department members by violent and sometimes well-armed persons.
The Department will ensure firearms are appropriate, in good working order and that relevant
training is provided as resources allow.
306.2.1 SAFETY CONSIDERATIONS

(a) Officers shall not unnecessarily display or handle any firearm.
(b) Officers shall be governed by all rules and regulations pertaining to the use of the
range and shall obey all orders issued by the Armorer. Officers shall not dry fire or
practice quick draws except under Armorer supervision.
(c) Officers shall not clean, repair, load or unload a firearm anywhere in the Department,
except where clearing barrels are present.
(d) Rifles removed from vehicles or the armory shall be loaded and unloaded in a safe
manner.
(e) Officers shall not place or store any firearm or other weapon on Department premises
except where the place of storage is locked. No one shall carry firearms into the jail
section or any part thereof when securing or processing a prisoner, but shall place all
firearms in a secured location. It shall be the responsibility of the officer to make sure
that persons from outside agencies do not enter the jail section with any firearm.
(f) Officers shall not use any automatic weapon, heavy caliber rifle, gas or other type of
chemical weapons from the armory, except with approval of a supervisor or when an
emergency or exigency reasonably requires immediate use of the weapon.
(g) Any weapon authorized by the Department to be carried on- or off-duty, that is found
by the officer to be malfunctioning or needing service, shall not be carried. It shall be
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Department
Firearms
promptly presented to the Department Armorer for inspection. Any weapon determined
to be in need of service or repair during an inspection by the Department Armorer
will be immediately removed from service. If the weapon is the officer's primary duty
weapon, a replacement weapon will be issued to the officer until the duty weapon is
serviceable.
306.3 AUTHORIZED FIREARMS, AMMUNITION AND OTHER WEAPONS

Members shall only use firearms that are issued or approved by the Department and have
been thoroughly inspected by the Armorer. Except in an emergency or as directed by a
supervisor, no firearm shall be carried by a member who has not qualified with that firearm at an
authorized department range.
All other weapons not provided by the Department, including, but not limited to, edged weapons,
chemical or electronic weapons, impact weapons or any weapon prohibited or restricted by
law or that is not covered elsewhere by department policy, may not be carried by members
in the performance of their official duties without the express written authorization of the
member’s Division Commander. This exclusion does not apply to the carrying of a single folding
pocketknife that is not otherwise prohibited by law.
306.3.1 DUTY FIREARMS

The authorized department-issued handgun is the Glock 17, 19 & 26.
Only issued or approved shotguns and rifles are authorized for on-duty use.
306.3.2 PATROL RIFLES

The authorized department-issued patrol rifle is the M&P 15.
Members may deploy the patrol rifle in any circumstance where the member can articulate a
reasonable expectation that the rifle may be needed. Examples of some general guidelines for
deploying the patrol rifle may include, but are not limited to:
(a) Situations where the member reasonably anticipates an armed encounter.
(b) When a member is faced with a situation that may require accurate and effective fire
at long range.
(c) Situations where a member reasonably expects the need to meet or exceed a
suspect's firepower.
(d) When a member reasonably believes that there may be a need to fire on a barricaded
person or a person with a hostage.
(e) When a member reasonably believes that a suspect may be wearing body armor.
(f) When authorized or requested by a supervisor.
(g) When needed to euthanize an animal.
When not deployed, the patrol rifle shall be properly secured in a locking weapons rack in the
patrol vehicle with the chamber empty, magazine loaded and inserted into the magazine well.

Department
Firearms
306.3.3 PERSONALLY OWNED DUTY FIREARMS

Members desiring to carry an authorized but personally owned duty firearm must receive written
approval from the Chief of Police or the authorized designee. Once approved, personally owned
duty firearms are subject to the following restrictions:
(a) The firearm shall be in good working order and on the department list of approved
firearms.
(b) The firearm shall be inspected by the Armorer prior to being carried and thereafter
shall be subject to inspection whenever it is deemed necessary.
(c) Prior to carrying the firearm, members shall qualify under range supervision and
thereafter shall qualify in accordance with the department qualification schedule.
Members must demonstrate proficiency and safe handling, and that the firearm
functions properly.
(d) Members shall provide written notice of the make, model, color, serial number and
caliber of the firearm to the Armorer, who will maintain a list of the information.
(e) The purchase of the firearm and ammunition shall be the responsibility of the officer.
(f) The firearm shall be carried concealed at all times and in such a manner as to prevent
unintentional cocking, discharge or loss of physical control.
(g) If any member desires to use more than one firearm while off-duty they may do so, as
long as the officer meets all requirements set forth in this policy for each firearm used.
(h) When armed, whether on or off-duty, officers shall carry their badge and department
identification.
306.3.4 AMMUNITION
Members shall carry only department-authorized ammunition. Members shall be issued fresh
duty ammunition in the specified quantity for all department-issued firearms during the member’s
firearms qualification. Replacements for unserviceable or depleted ammunition issued by the
Department shall be dispensed by the Armorer when needed, in accordance with established
policy.
Members carrying personally owned authorized firearms of a caliber differing from department-
issued firearms shall be responsible for obtaining fresh duty ammunition in accordance with the
above, at their own expense. Replacements for unserviceable or depleted ammunition issued by
the Department shall be dispensed by the Armorer when needed, in accordance with established
policy.
306.4 EQUIPMENT
Firearms carried on- or off-duty shall be maintained in a clean, serviceable condition. Maintenance
and repair of authorized personally owned firearms are the responsibility of the individual member.
306.4.1 REPAIRS OR MODIFICATIONS

Each member shall be responsible for promptly reporting any damage or malfunction of an
assigned firearm to a supervisor or the Armorer.

Department
Firearms
Firearms that are the property of the Department or personally owned firearms that are approved
for department use may be repaired or modified only by a person who is department-approved
and certified as an armorer or gunsmith in the repair of the specific firearm. Such modification or
repair must be authorized in advance by the Armorer.
Any repairs or modifications to the member’s personally owned firearm shall be done at his/her
expense and must be approved by the Armorer.
306.4.2 HOLSTERS
Only department-approved holsters shall be used and worn by members. Members shall
periodically inspect their holsters to make sure they are serviceable and provide the proper security
and retention of the handgun.
306.4.3 TACTICAL LIGHTS

Tactical lights may only be installed on a firearm carried on- or off-duty after they have been
examined and approved by the Armorer. Once the approved tactical lights have been properly
installed on any firearm, the member shall qualify with the firearm to ensure proper functionality
and sighting of the firearm prior to carrying it.
306.4.4 OPTICS OR LASER SIGHTS

Optics or laser sights may only be installed on a firearm carried on- or off-duty after they have
been examined and approved by the Armorer. Any approved sight shall only be installed in strict
accordance with manufacturer specifications. Once approved sights have been properly installed
on any firearm, the member shall qualify with the firearm to ensure proper functionality and sighting
of the firearm prior to carrying it.
Except in an approved training situation, a member may only sight in on a target when the member
would otherwise be justified in pointing a firearm at the target.
306.5 SAFE HANDLING, INSPECTION AND STORAGE

Members shall maintain the highest level of safety when handling firearms and shall consider the
following:
(a) Members shall not unnecessarily display or handle any firearm.
(b) Members shall be governed by all rules and regulations pertaining to the use of the
range and shall obey all orders issued by the Armorer. Members shall not dry fire or
practice quick draws except under Armorer supervision.
(c) Members shall not clean, repair, load or unload a firearm anywhere in the Department,
except where clearing barrels are present.
(d) Shotguns or rifles removed from vehicles or the equipment storage room shall be
loaded and unloaded in the parking lot and outside of the vehicle, using clearing
barrels.
(e) Members shall not place or store any firearm or other weapon on department premises
except where the place of storage is locked. No one shall carry firearms into the jail

Department
Firearms
section or any part thereof when securing or processing an arrestee, but shall place all
firearms in a secured location. Members providing access to the jail section to persons
from outside agencies are responsible for ensuring firearms are not brought into the
jail section.
(f) Members shall not use any automatic firearm, heavy caliber rifle, gas or other type of
chemical weapon or firearm from the armory, except with approval of a supervisor.
(g) Any firearm authorized by the Department to be carried on- or off-duty that is
determined by a member to be malfunctioning or in need of service or repair shall not
be carried. It shall be promptly presented to the Department or a Armorer approved
by the Department for inspection and repair. Any firearm deemed in need of repair or
service by the Armorer will be immediately removed from service. If the firearm is the
member’s primary duty firearm, a replacement firearm will be issued to the member
until the duty firearm is serviceable.
306.5.1 INSPECTION AND STORAGE

Handguns shall be inspected regularly and upon access or possession by another person.
Shotguns and rifles shall be inspected at the beginning of the shift by the member to whom the
weapon is issued. The member shall ensure that the firearm is carried in the proper condition and
loaded with approved ammunition. Inspection of the shotgun and rifle shall be done while standing
outside of the patrol vehicle. All firearms shall be pointed in a safe direction or into clearing barrels.
Personally owned firearms may be safely stored in lockers at the end of the shift. Department-
owned firearms shall be stored in the appropriate equipment storage room. Handguns may remain
loaded if they are secured in an appropriate holster. Shotguns and rifles shall be unloaded in a
safe manner outside the building and then stored in the appropriate equipment storage room.
306.5.2 STORAGE AT HOME

Members shall ensure that all firearms and ammunition are locked and secured while in
their homes, vehicles or any other area under their control, and in a manner that will keep
them inaccessible to children and others who should not have access. Members shall not
permit department-issued firearms to be handled by anyone not authorized by the Department
to do so. Members should be aware that negligent storage of a firearm could result in civil and
criminal liability (Minn. Stat. § 609.666; Minn. Stat. § 609.378).
306.5.3 ALCOHOL AND DRUGS

Firearms shall not be carried by any member, either on- or off-duty, who has consumed an amount
of an alcoholic beverage, taken any drugs or medication, or has taken any combination thereof
that would tend to adversely affect the member’s senses or judgment.
306.6 FIREARMS TRAINING AND QUALIFICATIONS

All members who carry a firearm while on-duty are required to successfully complete training with
their duty firearms. In addition to quarterly training, all members will qualify at least annually with
their duty firearms (Minn. Stat. § 626.8452). Members will qualify with off-duty and secondary
firearms at least once a year. Training and qualifications must be on an approved range course.

Department
Firearms
At least annually, all members carrying a firearm should receive practical training designed to
simulate field situations including low-light shooting.
306.7 FIREARM DISCHARGE

Except during training or recreational use, any member who discharges a firearm intentionally
or unintentionally, on- or off-duty, shall make a verbal report to his/her supervisor as soon as
circumstances permit. If the discharge results in injury or death to another person, additional
statements and reports shall be made in accordance with the Officer-Involved Shootings and
Deaths Policy. If a firearm was discharged as a use of force, the involved member shall adhere
to the additional reporting requirements set forth in the Use of Force Policy.
In all other cases, written reports shall be made as follows:
(a) If on-duty at the time of the incident, the member shall file a written report with his/her
Division Commander or provide a recorded statement to investigators prior to the end
of shift, unless otherwise directed.
(b) If off-duty at the time of the incident, a written report shall be submitted or recorded
statement provided no later than the end of the next regularly scheduled shift, unless
otherwise directed by a supervisor.
306.7.1 DESTRUCTION OF ANIMALS

Members are authorized to use firearms to stop an animal in circumstances where the animal
reasonably appears to pose an imminent threat to human safety and alternative methods are not
reasonably available or would likely be ineffective.
In circumstances where there is sufficient advance notice that a potentially dangerous animal may
be encountered, department members should develop reasonable contingency plans for dealing
with the animal (e.g., fire extinguisher, TASER, oleoresin capsicum (OC) spray, animal control
officer). Nothing in this policy shall prohibit any member from shooting a dangerous animal if
circumstances reasonably dictate that a contingency plan has failed or becomes impractical.
306.7.2 WARNING AND OTHER SHOTS

Generally, warning shots or shots fired for the purpose of summoning aid are discouraged and may
not be discharged unless the member reasonably believes that they appear necessary, effective
and reasonably safe.
306.7.3 REPORTING FIREARMS DISCHARGE

The Chief of Police shall notify the Commissioner of Public Safety within 30 days of an on-duty
firearm discharge, except when the discharge is in the course of training or destruction of animals
(described in this policy). The notification shall contain information concerning the reason for and
circumstances surrounding the discharge (Minn. Stat. § 626.553).

Department
Firearms
306.8 ARMORER DUTIES

The range will be under the exclusive control of the Armorer. All members attending will follow the
directions of the Armorer. The Armorer will maintain a roster of all members attending the range
and will submit the roster to the Training Sergeant after each range date. Failure of any member
to sign in and out with the Armorer may result in non-participation or non-qualification.
The range shall remain operational and accessible to department members during hours
established by the Department.
The Armorer has the responsibility of making periodic inspection, at least once a year, of all duty
firearms carried by members of this department to verify proper operation. The Armorer has the
authority to deem any department-issued or privately owned firearm unfit for service. The member
will be responsible for all repairs to his/her personally owned firearm; it will not be returned to
service until inspected and approved by the Armorer.
The Armorer has the responsibility for ensuring each member meets the minimum requirements
during training shoots and, on at least a yearly basis, can demonstrate proficiency in the
care, cleaning and safety of all firearms the member is authorized to carry.
The Armorer shall complete and submit to the Training Sergeant documentation of the courses
provided. Documentation shall include the qualifications of each instructor who provides the
training, a description of the training provided and, on a form that has been approved by
the Department, a list of each member who completes the training. The Armorer should keep
accurate records of all training shoots, qualifications, repairs, maintenance or other records as
directed by the Training Sergeant.
306.9 MAINTENANCE AND REPAIR

Personal and Department-owned duty firearms shall be inspected annually to determine the safety
and functioning of the weapon.
Firearms carried on-duty shall be maintained in a clean, serviceable condition. Since the use of
personally owned weapons is at the option of the individual officer, that officer will be responsible
for the furnishing, maintenance and repair of such weapon.
306.9.1 REPAIR OR MODIFICATIONS OF DUTY WEAPONS

The Armorer or designee shall be the only person authorized to repair or modify any Department-
owned weapon for which they are certified as an armorer.
All repairs and/or modifications of Department-issued weapons not performed by the Armorer must
be authorized in advance by the Armorer and accomplished by a Department-approved gunsmith
who is certified to repair such firearm.
Any repairs or modifications to the officer's personally owned weapon shall be done at his/her
expense and must be approved by the Armorer.

Department
Firearms
306.10 FLYING WHILE ARMED

The Transportation Security Administration (TSA) has imposed rules governing law enforcement
officers flying armed on commercial aircraft. The following requirements apply to personnel who
intend to be armed while flying on a commercial air carrier or flights where screening is conducted
(49 CFR 1544.219):
(a) Officers wishing to fly while armed must be flying in an official capacity, not for vacation
or pleasure and must have a need to have the firearm accessible, as determined by
the Department based on the law and published TSA rules.
(b) Officers must carry their Brooklyn Center Police Department identification
card, bearing the officer's name, a full-face photograph, identification
number, the officer's signature and the signature of the Chief of Police or the official
seal of the Department and must present this identification to airline officials when
requested. The officer should also carry the standard photo identification needed for
passenger screening by airline and TSA officials (e.g., driver’s license, passport).
(c) The Brooklyn Center Police Department must submit a National Law Enforcement
Telecommunications System (NLETS) message prior to the officer’s travel. If
approved, TSA will send the Brooklyn Center Police Department an NLETS message
containing a unique alphanumeric identifier. The officer must present the message on
the day of travel to airport personnel as authorization to travel while armed.
(d) An official letter signed by the Chief of Police authorizing armed travel may also
accompany the officer. The letter should outline the officer’s need to fly armed, detail
his/her itinerary and include that the officer has completed the mandatory TSA training
for a law enforcement officer flying while armed.
(e) Officers must have completed the mandated TSA security training covering officers
flying while armed. The training shall be given by the department-appointed instructor.
(f) It is the officer’s responsibility to notify the air carrier in advance of the intended armed
travel. This notification can be accomplished by early check-in at the carrier’s check-
in counter.
(g) Any officer flying while armed should discreetly contact the flight crew prior to take-off
and notify them of his/her assigned seat.
(h) Discretion must be used to avoid alarming passengers or crew by displaying a
firearm. The officer must keep the firearm concealed on his/her person at all times.
Firearms are not permitted in carry-on luggage and may not be stored in an overhead
compartment.
(i) Officers should resolve any problems associated with flying armed through the
flight captain, ground security manager, TSA representative or other management
representative of the air carrier.

Department
Firearms
(j) Officers shall not consume alcoholic beverages while aboard an aircraft, or within eight
hours prior to boarding an aircraft.
306.11 CARRYING FIREARMS OUT OF STATE

Qualified, active, full-time officers of this department are authorized to carry a concealed firearm
in all other states subject to the following conditions (18 USC § 926B):
(a) The officer shall carry his/her Brooklyn Center Police Department identification card
whenever carrying such weapon.
(b) The officer is not the subject of any current disciplinary action.
(c) The officer may not be under the influence of alcohol or any other intoxicating or
hallucinatory drug.
(d) The officer will remain subject to this and all other department policies (including
qualifying and training).
Officers are cautioned that individual states may enact local regulations that permit private
persons or entities to prohibit or restrict the possession of concealed firearms on their property,
or that prohibit or restrict the possession of firearms on any state or local government property,
installation, building, base or park. Federal authority may not shield an officer from arrest and
prosecution in such locally restricted areas.
Active law enforcement officers from other states are subject to all requirements set forth in 18
USC § 926B.

Department
Vehicle Pursuits
The purpose of this policy is to establish decision making guidelines regarding vehicle pursuits.
307.2 PHILOSOPHY
Deciding whether or not to pursue an offender fleeing in a motor vehicle is a critical assessment
which must be made quickly and under difficult and unpredictable circumstances. In recognizing
the risk to public safety created by vehicle pursuits, no officer or supervisor shall be criticized
or disciplined for deciding not to engage in a vehicle pursuit or for terminating a pursuit already
underway, even if permitted by State Statute and Department Policy.It is recognized that vehicle
pursuits are never predictable and decisions made pursuant to this policy will be evaluated
according to the totality of the circumstances as reasonably known by the participating officers at
the time of the pursuit (Minn. Stat. § 626.8458 Subd. 1).
307.3 DEFINITIONS
Vehicle Intercept - A slow-speed coordinated maneuver where two or more law enforcement
vehicles simultaneously intercept and block the movement of an offender's vehicle, the driver of
which may be unaware of the impending enforcement stop, with the goal of containment and
preventing a pursuit.
Boxing-in - A tactic designed to stop a violator's vehicle by surrounding it with law enforcement
vehicles and then slowing all vehicles to a stop.
Imminent Safety Risk- Any situation a reasonable officer would anticipate death or great bodily
harm is likely to occur if the offender(s) are not immediately apprehended.
Pursuit Intervention Technique (PIT) - A maneuver intended to terminate the pursuit by causing
the fleeing offender's vehicle to spin out and come to a stop.
Ramming - The deliberate act of impacting a fleeing offender's vehicle with another vehicle to
functionally damage or otherwise force the violator's vehicle to stop.
Ride-Along- An individual riding in a police vehicle with an officer during their shift including
Explorer Scouts. For the purposes of this policy a Community Service Officer (CSO), Cadet or
other non-sworn member of this department shall not be considered a ride-along.
Roadblocks - A tactic designed to stop a fleeing offender's vehicle by intentionally placing a
vehicle or other immovable object in the path of the offender's vehicle.
Spikes Strips - A device that extends across the roadway and is designed to puncture the tires
of the fleeing offender's pursued vehicle.
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Vehicle Pursuits
Termination- A pursuit is terminated when the pursuing officer(s) notify dispatch and; turn off their
emergency lights and sirens, reduce speed to the posted speed limit and turn off the pursuit route
at the next available opportunity to lawfully and safely do so.
Vehicle pursuit - An event in which a peace officer initiates a vehicular stop and a driver resists
the signal or order to stop by increasing speed, taking evasive action or in any other way refuses
to stop the vehicle.
307.4 OFFICER RESPONSIBILITIES

It is the policy of this department that a vehicle pursuit shall be conducted with at least one
flashing red warning lamp visible from the front and a siren that is sounded when necessary to
warn pedestrians or other drivers (Minn. Stat. § 169.17 and Minn. Stat. § 169.68).Operating an
emergency vehicle in a pursuit with emergency lights and siren does not relieve the operator of an
authorized emergency vehicle of the duty to drive with due regard for the safety of all persons, and
does not protect the driver from the consequences of a reckless disregard for the safety of others.
307.5 WHEN TO INITIATE

Officers are authorized to initiate a pursuit under the following circumstances:
1. The pursuing officer(s) have reason to believe the driver or another occupant of the vehicle
has committed, attempted to commit or is wanted for any of the following offenses:
Murder 1st Degree – Minn. Stat. §609.185
Murder 2nd Degree – Minn. Stat. §609.19
Murder 3rd Degree – Minn. Stat. §609.195
Manslaughter 1st Degree – Minn. Stat. §609.20
Manslaughter 2nd Degree – Minn. Stat. §609.205
1st Deg. Assault – Minn. Stat. §609.221
2nd Deg. Assault – Minn. Stat. §609.222
3rd Deg. Assault – Minn. Stat. §609.223
4th Deg. Assault – Minn. Stat. §609.2231
Aggravated Robbery – Minn. Stat. § 609.245
Simple Robbery – Minn. Stat. § 609.24
Kidnapping – Minn. Stat. § 609.25
False Imprisonment – Minn. Stat. § 609.255
1st Deg. Crim. Sex Conduct – Minn. Stat. § 609.342
2nd Deg. Crim. Sex Conduct – Minn. Stat. § 609.343
3rd Deg. Crim. Sex Conduct – Minn. Stat. § 609.344
4th Deg. Crim. Sex Conduct – Minn. Stat. § 609.345
Theft of Firearm – Minn. Stat. § 609.52 subd. 3 (1)

Department
Vehicle Pursuits
1st Deg. Burglary – Minn. Stat. § 609.582 subd. 1

2nd Degree Burglary (residential only) – Minn. Stat. § 609.582 subd.2
Drive by Shooting – Minn. Stat. § 609.66.1(e)
Or;
2. The pursuing officer(s) has reason to believe there is an imminent safety risk to the public or
an officer if the driver or one of the occupants of the vehicle is not immediately apprehended.
307.5.2 Suicidal Persons
Officers shall not engage in a vehicle pursuit of a suicidal person(s) unless any of the following
conditions exist:
(a) There is an immediate and significant need to protect an officer or the public, excluding the
suicidal person(s) from great bodily harm or death.
(b) The suicidal person(s) are wanted for or have committed any of the offenses outlined in the
section 307.5.
307.6 ADDITIONAL FACTORS TO ASSESS IN INITIATING OR CONTINUING A PURSUIT

The following factors individually and collectively shall be considered in deciding whether or not
to initiate or continue a pursuit (Minn. Stat. § 626.8458 Subd. 2(2); Minn. R. § 6700.2701):
(a) The degree of recklessness exhibited by the pursued driver weighed against the nature and
seriousness of the reported offense.
(b) The density of vehicular and pedestrian traffic.
(c) The presence of special hazards such as parades, road construction, school zones, etc.
(d) The road and weather conditions.
(e) The lack of available assistance and support reasonably necessary to effect the apprehension
of the suspect(s).
(f) The ability of the officer to identify the driver at a later time.
As a general rule, officers should not pursue a vehicle driving on the wrong way on a roadway or
freeway. In the event the pursued vehicle does so, the pursuing officer(s) should maintain visual
contact by paralleling on the correct side of the roadway.
307.7 WHEN TO TERMINATE

In addition to the factors listed above, the following should be considered when deciding whether
or not to terminate a pursuit (Minn. Stat. § 626.8458 Subd. 2 (2); Minn. R. § 6700.2701):

Department
Vehicle Pursuits
(a) The distance between the pursuing officers and the fleeing vehicle becomes so great that
further pursuit would be futile.
(b) The pursued vehicle’s location becomes unknown.
(c) The identity of the offender is known and delaying apprehension does not create a known and
substantial risk of injury or death to another.
(d) The participating officers are directed to terminate the pursuit by a supervisor.
(e) The pursuit vehicle suffers an emergency equipment failure which causes the vehicle to no
longer qualify for emergency use.
(f) The danger that the continued pursuit poses to the public, the officers or the suspect exceeds
the risk of allowing the suspect to remain at large.
307.8 SPEED LIMITS

The speed of a pursuit is a factor that should be evaluated on a continuing basis by the officer
and the supervisor. Evaluation of vehicle speeds shall take into consideration public safety, officer
safety and the safety of the occupants of the fleeing vehicle
307.9 PURSUING UNITS

Pursuit units should generally be limited to three vehicles (two officers and a supervisor). However,
this number may increase given the circumstances (Minn. R. § 6700.2701 (B)). An officer or
supervisor may request additional units if it appears the number of officers involved would be
insufficient to safely arrest the suspect(s). All other officers shall not engage in the pursuit but
should remain alert to its progress and location. Distinctively marked patrol vehicles should replace
unmarked vehicles involved in a pursuit whenever practicable.
Officers involved in a pursuit should not attempt to pass other pursuing units unless the situation
indicates otherwise or they are requested to do so by the primary unit and a clear understanding
of the maneuver exists between the involved officers.
Vehicles not equipped with red lights and sirens are prohibited from initiating or participating in
any pursuit.
307.9.1 PRIMARY UNIT RESPONSIBILITIES

The initial pursuing officer will be designated as the primary pursuit unit and will be responsible
for the conduct of the pursuit unless the officer is unable to remain reasonably close enough
to the violator’s vehicle to do so. The primary responsibility of the officer initiating the pursuit is
the apprehension of the suspect(s) without unreasonable danger to him/herself or other persons
(Minn. Stat. § 626.8458 Subd. 2 (4)). The primary unit should notify dispatch that a vehicle pursuit
has been initiated and as soon as practicable provide information including, but not limited to:
(a) Reason for the pursuit.
(b) Location and direction of travel.

Department
Vehicle Pursuits
(c) Speed of the fleeing vehicle.

(d) Description of the fleeing vehicle and license number, if known.
(e) Number of occupants.
(f) The identity or description of the occupants.
(g) Weather, road and traffic conditions.
(h) Information concerning the use of firearms, threat of force, injuries, hostages or other unusual
hazards.
(i) Request for medical assistance for any person injured in the course of the pursuit (Minn. Stat.
§ 626.8458 Subd. 2 (6); Minn. R. § 6700.2701).
Unless relieved by a supervisor or secondary unit, the officer in the primary unit shall be
responsible for broadcasting all information about the pursuit. Unless circumstances reasonably
indicate otherwise, the primary unit should relinquish the responsibility of broadcasting the
progress of the pursuit to a secondary unit or aircraft joining the pursuit to minimize distractions and
to allow the officer in the primary unit to concentrate on safe pursuit tactics (Minn. R. § 6700.2701).
307.9.2 SECONDARY UNIT RESPONSIBILITIES

The officer in the second unit of the pursuit is responsible for the following (Minn. R. § 6700.2701):
(a) Immediately notifying the dispatcher of entry into the pursuit.
(b) Remaining at a safe distance behind the primary unit unless directed or required to assume
the role of the primary unit.
(c) Broadcasting the progress of the pursuit unless the situation indicates otherwise.
(d) Serving as backup to the primary unit once the subject has been stopped.
307.9.3 NON-PURSUING UNITS

There should be no paralleling of the pursuit route. Officers are authorized to use emergency
equipment along the pursuit path to clear the area of vehicular and pedestrian traffic to protect
the public.
307.9.4 UNMARKED VEHICLES

Officers operating unmarked vehicles shall make reasonable attempts to avoid becoming involved
in a pursuit. If a vehicle flees from an unmarked vehicle the officer driving the unmarked vehicle
shall become a secondary unit upon the arrival of a marked vehicle. The officer operating the
unmarked vehicle shall exit the pursuit upon the arrival of a second marked vehicle unless more
than two officers are necessary.
307.9.5 RENDERING AID

If an injury is sustained during the course of a pursuit at least one officer shall leave the pursuit
and render assistance as necessary and appropriate.Rendering assistance includes, but is not
limited to:
(a) Calling an ambulance

Department
Vehicle Pursuits
(b) Rendering first aid until the officers are no longer needed at the injury scene
(c) Summoning additional units to the injury scene for assistance with injured persons and or
traffic control.
307.9.6 SUPERVISORY RESPONSIBILITIES

It is the policy of this department that available supervisory and management control will be
exercised over all vehicle pursuits involving officers from this department (Minn. Stat. § 626.8458
Subd. 2 (4); Minn. R. § 6700.2701).
The Duty Sergeant or senior officer will be responsible for the following:
(a) Upon becoming aware of a pursuit, immediately notify involved officers and dispatch of
supervisory presence and ascertaining all reasonably available information to continuously assess
the pursuit in order to ensure that the pursuit is conducted within established Department
guidelines.
(b) Ensure that no more than the number of required units needed are involved in the pursuit under
the guidelines set forth in this policy.
(c) Direct that the pursuit be terminated if, in his/her judgment, the pursuit has or will depart from
the guidelines of this policy.
(d) Ensure the notification and/or coordination of outside agencies if the pursuit either leaves or
is likely to leave The City of Brooklyn Center.
(e) Control and manage units when a pursuit enters another jurisdiction.
(f) Prepare a post-pursuit summary.
307.10 INTER-JURISDICTIONAL CONSIDERATIONS

When a pursuit enters another agency's jurisdiction, the primary officer or supervisor, taking
into consideration distance traveled, unfamiliarity with the area and other pertinent facts, should
determine whether or not to request another agency to broadcast the progress of the pursuit.
Unless entry into another jurisdiction is expected to be brief, it is generally recommended that
the primary officer or supervisor ensure that notification is provided to the dispatcher and to each
outside jurisdiction into which the pursuit is reasonably expected to enter, regardless of whether
such jurisdiction is expected to assist (Minn. Stat. § 626.8458 Subd. 2 (5); Minn. R. § 6700.2701).
If a pursuit leaves the city of Brooklyn Center no more than two Brooklyn Center units shall be
involved unless prior approval has been granted by a supervisor or senior officer.
307.10.1 PURSUITS ENTERING INTO BROOKLYN CENTER

Officers shall not become involved in another agency’s pursuit unless their assistance is requested
and also specifically authorized by the Duty Sergeant or Senior Officer. In these instances, all
department pursuit policies are in effect.

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Vehicle Pursuits
307.11 PASSENGERS
Under no circumstances will an officer initiate or become involved in a pursuit while a ride-along,
prisoner, crime victim, or other transported subject is in the pursuit vehicle.
307.12 COMMUNICATIONS
If the pursuit is confined within the city limits, radio communications will be conducted on the
primary channel unless instructed otherwise by a supervisor or communications dispatcher. If
the pursuit leaves or is likely to leave the jurisdiction of this department, involved units should,
whenever available, switch radio communications to an emergency channel most accessible by
participating agencies and units (Minn. R. § 6700.2701).
307.13 AIRCRAFT ASSISTANCE

When available, aircraft assistance should be requested. Once the air unit has established visual
contact with the pursued vehicle, it should assume control over the pursuit (Minn. Stat. § 626.8458
Subd. 2 (4)).
307.14 PURSUIT INTERVENTION

Pursuit intervention is an attempt to terminate the ability of a suspect to continue to flee in motor
vehicle through tactical application of technology, road spikes, blocking, boxing, PIT (Pursuit
Intervention Technique), ramming or roadblock procedures.
307.14.1 WHEN USE AUTHORIZED

Use of pursuit intervention tactics should be employed after approval of a supervisor, or senior
officer, when such approval is practicable. In deciding whether or not to use intervention tactics,
officers/supervisors should balance the risks of allowing the pursuit to continue with the potential
hazards arising from the use of each tactic to the public, the officers, and persons in or on the
pursued vehicle.With these risks in mind, the decision to use any intervention tactic should be
reasonable in light of the circumstances apparent to the officer at the time of the decision (Minn.
Stat. § 626.8458 Subd. 2; Minn. R. § 6700.2701).
307.14.2 INTERVENTION STANDARDS

Any pursuit intervention tactic, depending upon the conditions and circumstances under which it is
used, may present dangers to the officers, the public or anyone in or on the vehicle being pursued.
Pursuing officers should obtain supervisor or senior officer approval, when such approval is
practicable prior to initiating any of the pursuit intervention tactics outlined below.
Certain applications of intervention tactics may be construed to be a use of force, including
deadly force, and are subject to Department policies guiding such use. Officers who have not
received Department-approved training in the application and use of any intervention tactic or
equipment shall consider these facts and requirements prior to deciding how, when, where and
if an intervention tactic should be employed.

Department
Vehicle Pursuits
(a) Blocking or Vehicle Intercept- This tactic should only be considered in cases where drivers
pose a threat to public safety and when officers reasonably believe that attempting a conventional
enforcement stop will likely result in the driver attempting to flee in the vehicle. Because of the
potential risks involved, this technique should only be employed by officers who have received
training in such tactics and after giving consideration to the following:
1. The need to immediately stop the suspect vehicle or prevent it from leaving substantially
outweighs the risks of injury or death to occupants of the suspect vehicle, officers or other members
of the public.
2. Employing the blocking maneuver does not unreasonably increase the risk to officer safety.
3. The target vehicle is stopped or traveling at a low speed.
4. At no time should civilian vehicles be used in the deployment of this technique.
(b) PIT- This tactic will be employed only by those trained to use this procedure and they shall do
so only upon consideration of the circumstances and conditions presented at the time, including
the potential for risk of injury to officers, the public and occupants of the pursued vehicle. Officers
shall not attempt to perform a PIT maneuver if the pursued vehicle is a motorcycle unless the use
of deadly force is justified.
(c) Ramming- This tactic should be done only after other reasonable tactical means at the officer's
disposal have been exhausted or are apparently impractical. This tactic should be reserved for
situations where there does not appear to be another reasonable alternative method.
(d) Boxing In- This technique must be carefully coordinated with all involved units, taking into
consideration the circumstances and conditions apparent at the time, as well as the potential risk
of injury to officers, the public and occupants of the pursued vehicle. This tactic may only be
employed by those officers trained in this technique
(e) Spike Strips- This tactic should only occur when it is reasonably apparent that only the pursued
vehicle will be affected. Prior to the deployment of spike strips, the officer shall notify pursuing units
of the intent and location. Officers should carefully consider the limitations of such devices as well
as the potential risks to officers, the public and occupants of the pursued vehicle. If the pursued
vehicle is a motorcycle, a vehicle transporting hazardous materials or a school bus transporting
children, officers and supervisors should weigh the potential consequences against the need to
immediately stop the vehicle. Only officers who have received prior training in this technique may
deploy this equipment.
(f) Roadblocks- This tactic presents a potential for serious injury or death to occupants of the
pursued vehicle if the suspect does not stop.The intentional placement of roadblocks in the direct
path of a pursued vehicle is generally discouraged and shall not be deployed without prior approval
of a supervisor or senior officer, and only then under extraordinary conditions when all other
reasonable intervention techniques have failed or reasonably appear ineffective and the need
to immediately stop the pursued vehicle substantially outweighs the risks of injury or death to
occupants of the pursued vehicle, officers or other members of the public.

Department
Vehicle Pursuits
307.14.3 USE OF FIREARMS

The use of firearms to disable a pursued vehicle is not generally an effective tactic and involve all
the dangers associated with the discharging of firearms. Officers should not utilize firearms during
an ongoing pursuit unless the conditions and circumstances meet the requirements authorizing
the use of deadly force. Nothing in this section shall be construed to prohibit any officer from using
a firearm to stop a suspect from using a vehicle as a deadly weapon.
307.15 PURSUIT REPORT

All appropriate reports shall be completed to comply with appropriate local and state regulations.
The Records Supervisor shall ensure the appropriate forms are filed with the Department of Public
Safety within 30 days (Minn. Stat. § 626.5532):
(a) The primary officer shall complete appropriate crime/arrest reports.
(b) The primary officer or supervisor shall complete the appropriate pursuit report.
(c) After first obtaining available information, the on-duty supervisor shall promptly complete an
interoffice memorandum, briefly summarizing the pursuit to the Chief of Police or designee.
This memo should minimally contain the following information (Minn. Stat. § 626.5532):
1. Date and time of pursuit.
2. Length of pursuit in distance and time.
3. Involved units and officers.
4. Initial reason and circumstances surrounding the pursuit.
5. Starting and termination points.
6. Alleged offense, charges filed or disposition: arrest, citation or other release.
7. Arrestee information should be provided if applicable.
8. Injuries and/or property damage.
9. Medical treatment.
10. The outcome of the pursuit.
11. Name of supervisor handling or at the scene.
(d) After receiving copies of reports, logs and other pertinent information, the Chief of Police or
designee shall conduct or assign the completion of a post-pursuit review as appropriate to the
circumstances.
307.16 PURSUIT TRAINING

All officers in this department shall complete an Emergency Vehicle Operators Course (EVOC)
training as required by the Minnesota POST Board or State Law.

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Vehicle Pursuits
307.17 POLICY REVIEW

Each licensed member of this department shall certify in writing that they have received, read and
understand this policy initially and upon any amendments. Each member of this department shall
review and acknowledge this policy annually (Minn. Stat. § 626.8458 Subd. 3).

Department
Officer Response to Calls

The State of Minnesota finds that emergency vehicle operations are an integral part of law
enforcement's commitment to public safety. This policy provides for the safe and appropriate
response to all emergency and non-emergency situations (Minn. Stat. § 626.8458 Subd. 1).
308.2 RESPONSE TO CALLS
308.2.1 RESPONSE TO EMERGENCY CALLS

Officers responding to an emergency call shall proceed immediately as appropriate. Officers
responding to an emergency call shall sound the siren or display at least one lighted red light
to the front of the vehicle. Whenever practicable, during an emergency call response the officer
should continuously operate emergency lighting equipment and/or sound the siren (Minn. Stat. §
169.03 et seq.; Minn. Stat. § 169.17).
Responding with a red light, emergency lighting and/or siren does not relieve the operator of an
authorized emergency vehicle or a law enforcement vehicle of the duty to drive with due regard for
the safety of all persons and does not protect the driver from the consequences of his/her reckless
disregard for the safety of others. The use of any other warning equipment without emergency
lights and siren does not provide an exemption under Minnesota law (Minn. Stat. § 169.17).
Officers should only respond with a red light, emergency lights and/or siren when so dispatched
or when circumstances reasonably indicate an emergency response is appropriate. Officers not
responding with a red light, emergency lights and/or siren shall observe all traffic laws.
308.2.2 LIGHTING EXEMPTION OF LAW ENFORCEMENT VEHICLES

An officer may operate a vehicle without lights as otherwise required while performing law
enforcement duties when the officer reasonably believes that operating the vehicle without lights is
necessary to investigate a criminal violation or suspected criminal violation of state laws, rules or
orders, or local laws, ordinances or regulations. The operation of a vehicle without lights must be
consistent with the standards adopted by Minnesota Peace officer Standards and Training Board
(POST) (Minn. Stat. § 169.541).
308.3 REQUESTING EMERGENCY ASSISTANCE

Requests for emergency assistance should be limited to those situations where the involved
personnel reasonably believe that there is an imminent threat to the safety of officers, or assistance
is needed to prevent imminent serious harm to a citizen. Where a situation has stabilized and
emergency response is not required, the requesting officer shall promptly notify Dispatch.
If circumstances permit, the requesting officer should give the following information:
• The unit number
• The location
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• The reason for the request and type of emergency

• The number of units required (if appropriate)
308.3.1 NUMBER OF UNITS PARTICIPATING

Normally, only those units reasonably necessary should respond to an emergency as an
emergency call response. The sergeant or the senior officer should monitor all emergency
responses, and reduce or enhance the response as warranted.
308.4 RESPONSIBILITIES OF RESPONDING OFFICER(S)

Officers shall exercise sound judgment and care with due regard for life and property when
responding to an emergency call. During a response to an emergency call, officers may (Minn.
Stat. § 169.03):
(a) Proceed cautiously past a red or stop signal, or stop sign, but only after slowing down
as may be necessary for safe operation.
(b) Exceed any speed limits, provided this does not endanger life or property.
(c) Disregard regulations governing direction of movement or turning in specified
directions as authorized by law.
(d) Disregard regulations governing parking or standing.
The decision to continue an emergency call response is at the discretion of the officer. If, in the
officer's judgment, the roadway conditions or traffic congestion does not permit such a response
without unreasonable risk, the officer may elect to respond to the call without the use of red
lights and siren at the legal speed limit. In such an event, the officer should immediately notify
other officers. An officer shall also discontinue an emergency call response when directed by a
supervisor or as otherwise appropriate.
Upon determining that an emergency call response is appropriate, an officer shall immediately
give the location from which he/she is responding, when practical.
When emergency vehicles are on the scene of an emergency and pose any hazard, or when the
vehicle operators seek exemption to park, stop, or stand contrary to any law or ordinance pursuant
to Minn. Stat. § 169.541, adequate warning lights shall be operated whenever practicable.
308.5 SUPERVISORY RESPONSIBILITIES

Upon being notified that an emergency response has been initiated, the sergeant or senior officer
shall verify the following:
(a) The proper response has been initiated.
(b) No more than those units reasonably necessary under the circumstances are involved
in the response.
(c) Affected outside jurisdictions are being notified as practicable.
Department
The sergeant or senior officer shall, whenever practicable, monitor the response until it has
been stabilized or terminated and assert control by directing units into or out of the response if
necessary. If, in the sergeant or senior officer's judgment, the circumstances require additional
units to be assigned an emergency response, the supervisor may do so.
It is the sergeant or senior officer's responsibility to terminate an emergency response that, in his/
her judgment, is inappropriate due to the circumstances.
When evaluating an emergency call response, the sergeant or senior officer should consider the
following:
• The type of call or crime involved.
• The necessity of a timely response.
• Traffic and roadway conditions.
• The location of the responding units.
308.6 FAILURE OF EMERGENCY EQUIPMENT

If all emergency equipment on the vehicle should fail to operate, the officer must terminate the
emergency call response and respond accordingly. The officer shall notify the sergeant or senior
officer of the equipment failure so that another unit may be assigned to the emergency response.
308.7 TRAINING
The Training Sergeant shall ensure the frequency and content of emergency vehicle operations
training meets or exceeds that required by law (Minn. Stat. § 626.8458).
308.8 POLICY
It is the policy of this department to appropriately respond to emergency and nonemergency calls
for service or requests for assistance, whether these are dispatched or self-initiated.
Department
Domestic Abuse
The purpose of this policy is to provide the guidelines necessary to deter, prevent, and reduce
domestic abuse through vigorous enforcement and to address domestic abuse as a serious crime
against society. The policy specifically addresses the commitment of this department to take
enforcement action when appropriate, to provide assistance to victims and to guide officers in the
investigation of domestic abuse.
309.1.1 DEFINITIONS
Court order - All forms of orders related to domestic abuse, that have been issued by a court of
this state or another, whether civil or criminal, regardless of whether service has been made.
Domestic abuse - Commission of any of the following if committed against a family or household
member by another family or household member (Minn. Stat. § 518B.01, Subd. 2):
(a) Actual or fear of imminent physical harm, bodily injury, or assault
(b) Threats of violence with intent to terrorize as specified by Minn. Stat. § 609.713,
Subd.1.
(c) Criminal sexual conduct (Minn. Stat. § 609.342 to Minn. Stat. § 609.3451)
(d) Interference with an emergency call as specified by Minn. Stat. § 609.78, Subd.2.
Qualified Domestic Violence-Related Offense - Has the meaning given in Minn. Stat. 609.02,
subd. 16 and includes a violation of or an attempt to violate a domestic abuse order for protections;
first or second degree murder; first through fifth degree assault; domestic assault; female genital
mutilation; domestic assault by strangulation; first through fourth degree criminal sexual conduct;
malicious punishment of a child; terroristic threats; violation of a harassment restraining order;
stalking; interference with an emergency call; nonconsensual dissemination of private sexual
images; and violation of a domestic abuse no contact order; and similar laws of other states, the
United States, the District of Columbia, tribal lands, and United States territories.
309.2 POLICY
The Brooklyn Center Police Department’s response to incidents of domestic abuse and violations
of related court orders shall stress enforcement of the law to protect the victim and shall
communicate the philosophy that domestic abuse is criminal behavior. It is also the policy of this
department to facilitate victims’ and offenders’ access to appropriate civil remedies and community
resources whenever feasible.
309.3 OFFICER SAFETY

The investigation of domestic abuse cases often places officers in emotionally charged and
sometimes highly dangerous environments. No provision of this policy is intended to supersede
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Department
Domestic Abuse
the responsibility of all officers to exercise due caution and reasonable care in providing for the
safety of any officers and parties involved.
309.4 INVESTIGATIONS
The following guidelines should be followed by officers when investigating domestic abuse cases:
(a) Calls of reported, threatened, imminent, or ongoing domestic abuse and the violation
of any court order are of extreme importance and should be considered among the
highest response priorities. This includes incomplete 9-1-1 calls.
(b) When practicable, officers should obtain and document statements from the victim, the
suspect and any witnesses, including children, in or around the household or location
of occurrence.
(c) Officers should list the full name and date of birth (and school if available) of each
child who was present in the household at the time of the offense. The names of other
children who may not have been in the house at that particular time should also be
obtained for follow-up.
(d) When practicable and legally permitted, video or audio record all significant statements
and observations.
(e) All injuries should be photographed, regardless of severity, taking care to preserve
the victim’s personal privacy. Where practicable, photographs should be taken by a
person of the same sex. Victims whose injuries are not visible at the time of the incident
should be asked to contact the Investigations Division in the event that the injuries
later become visible.
(f) Officers should request that the victim complete and sign an authorization for release
of medical records related to the incident when applicable.
(g) If the suspect is no longer at the scene, officers should make reasonable efforts to
locate the suspect to further the investigation, provide the suspect with an opportunity
to make a statement and make an arrest or seek an arrest warrant if appropriate.
(h) Seize any firearms or other dangerous weapons in the home, if appropriate and legally
permitted, for safekeeping or as evidence.
(i) When completing an incident or arrest report for violation of a court order, officers
should include specific information that establishes that the offender has been served,
including the date the offender was served, the name of the agency that served the
order and the provision of the order that the subject is alleged to have violated. When
reasonably available, the arresting officer should attach a copy of the order to the
incident or arrest report.
(j) Officers should take appropriate enforcement action when there is probable cause to
believe an offense has occurred. Factors that should not be used as sole justification
for declining to take enforcement action include:
1. Marital status of suspect and victim.
2. Whether the suspect lives on the premises with the victim.
3. Claims by the suspect that the victim provoked or perpetuated the violence.

Department
Domestic Abuse
4. The potential financial or child custody consequences of arrest.

5. The physical or emotional state of either party.
6. Use of drugs or alcohol by either party.
7. Denial that the abuse occurred where evidence indicates otherwise.
8. A request by the victim not to arrest the suspect.
9. Location of the incident (public/private).
10. Speculation that the complainant may not follow through with the prosecution.
11. The racial, cultural, social, professional position or sexual orientation of the
victim or suspect.
(k) Officers shall, when possible, review a criminal history of the suspect to determine
if any Qualified Domestic Violence-Related Offense convictions exist which may
enhance the current offense. Any prior convictions shall be noted in the officer's report.
309.4.1 IF A SUSPECT IS ARRESTED

If a suspect is arrested, officers should:
(a) Advise the victim that there is no guarantee the suspect will remain in custody.
(b) Provide the victim’s contact information to the jail staff to enable notification of the
victim upon the suspect’s release from jail (Minn. Stat. § 629.72 Subd. 6).
(c) Advise the victim whether any type of court order will be in effect when the suspect
is released from jail.
309.4.2 IF NO ARREST IS MADE

If no arrest is made, the officer should:
(a) Advise the parties of any options, including but not limited to:
1. Voluntary separation of the parties.
2. Appropriate resource referrals (e.g., counselors, friends, relatives, shelter
homes, victim witness unit).
(b) Document the resolution in a report or CAD comments when appropriate.
309.5 VICTIM ASSISTANCE

Victims may be traumatized or confused. Officers should:
(a) Recognize that a victim’s behavior and actions may be affected.
(b) Provide the victim with the department’s domestic abuse information handout, even if
the incident may not rise to the level of a crime.
(c) Alert the victim to any available victim advocates, shelters and community resources.
(d) Stand by for a reasonable amount of time when an involved person requests law
enforcement assistance while removing essential items of personal property.

Department
Domestic Abuse
(e) Seek medical assistance as soon as practicable for the victim if he/she has sustained
injury or complains of pain.
(f) Ask the victim whether he/she has a safe place to stay. Assist in arranging to transport
the victim to an alternate shelter if the victim expresses a concern for his/her safety
or if the officer determines that a need exists.
(g) Make reasonable efforts to ensure that children or dependent adults who are under
the supervision of the suspect or victim are being properly cared for.
(h) Seek or assist the victim in obtaining an emergency order if appropriate.
309.6 DISPATCH ASSISTANCE

Officers should request that dispatchers check whether any of the involved persons are subject
to the terms of a court order.
309.7 FOREIGN COURT ORDERS

Various types of orders may be issued in domestic abuse cases. Any foreign court order properly
issued by a court of another state, Indian tribe or territory shall be enforced by officers as if it
were the order of a court in this state. An order should be considered properly issued when it
reasonably appears that the issuing court has jurisdiction over the parties and reasonable notice
and opportunity to respond was given to the party against whom the order was issued (18 USC
§ 2265). An otherwise valid out-of-state court order shall be enforced, regardless of whether the
order has been properly registered with this state.
309.8 VERIFICATION OF COURT ORDERS

Determining the validity of a court order, particularly an order from another jurisdiction, can be
challenging. Therefore, in determining whether there is probable cause to make an arrest for a
violation of any court order, officers should carefully review the actual order when available, and,
where appropriate and practicable:
(a) Ask the subject of the order about his/her notice or receipt of the order, his/her
knowledge of its terms and efforts to respond to the order.
(b) Check available records or databases that may show the status or conditions of the
order.
(c) Contact the issuing court to verify the validity of the order.
(d) Contact a law enforcement official from the jurisdiction where the order was issued
to verify information.
Officers should document in an appropriate report their efforts to verify the validity of an order,
regardless of whether an arrest is made. Officers should contact a supervisor for clarification when
needed.
309.9 LEGAL MANDATES AND RELEVANT LAWS

Minnesota law provides for the following:

Department
Domestic Abuse
309.9.1 STANDARDS FOR ARRESTS

Officers investigating a domestic abuse report should consider the following:
(a) An officer has the authority to arrest a person without a warrant, including at the
person’s residence, if the peace officer has probable cause to believe that the
person has, within the preceding 72 hours, exclusive of the day probable cause was
established, assaulted, threatened with a dangerous weapon, or placed in fear of
immediate bodily harm any person covered by the “family or household member”
definition, even if the assault did not rise to the level of a felony or did not take place
in the presence of the peace officer (Minn. Stat. § 629.34; Minn. Stat. § 629.341).
(b) Officers should generally not make dual arrests but may make an arrest of a primary
aggressor. Where there are allegations that each party assaulted the other, the officer
shall determine whether there is sufficient evidence to conclude that one of the parties
was the primary aggressor based on the following criteria and the officer’s judgment
(Minn. Stat. § 629.342, Subd. 2):
1. Comparative extent of any injuries inflicted
2. Fear of physical injury because of past or present threats
3. Actions taken in self-defense or to protect oneself
4. History of domestic abuse perpetrated by one party against the other
5. Existence or previous existence of an order for protection
(c) An officer shall not issue a citation in lieu of arrest and detention to an individual
charged with any of the following offenses (Minn. Stat. § 629.72):
1. Stalking
2. Domestic abuse
3. Violation of an order for protection
4. Violation of a domestic abuse no contact order
(d) The Shift Sergeant will determine whether a person arrested on a charge of stalking
any person, domestic abuse, violation of an order for protection, violation of a domestic
abuse no contact order, or violation of a court-ordered transfer of firearms will be held
in custody or be issued a citation in lieu of continued detention and released after
booking. The person shall be held in custody whenever the Shift Sergeant determines
that it reasonably appears the release of the person (Minn. Stat. § 629.72):
1. Poses a threat to the alleged victim or another family or household member.
2. Poses a threat to public safety.
3. Involves a substantial likelihood that the arrested person will fail to appear at
subsequent proceedings.
(e) Officers shall arrest and take into custody, without a warrant, a person whom the peace
officer has probable cause to believe has violated a court order issued pursuant to
Minn. Stat. § 518B.01 or Minn. Stat. § 629.75. Such an arrest shall be made even if
the violation of the order did not take place in the presence of the peace officer, if the

Department
Domestic Abuse
officer can verify the existence of the order. If the person is not released on citation
in lieu of continuing detention, the person shall be held in custody for these violations
for at least 36 hours unless released by a court (Minn. Stat. § 518B.01; Minn. Stat.
§ 629.75).
(f) An arrest for a violation of an order of protection may be made regardless of whether
the excluded party was invited back to the residence (Minn. Stat. § 518B.01, Subd. 18).
(g) Following an arrest, an officer should contact the local domestic abuse program by
phone as soon as possible and provide the name and address of the victim and a brief
factual account of events associated with the action.
(h) An officer shall arrest and take into custody a person whom the officer has probable
cause to believe has violated a harassment restraining order, pursuant to Minn. Stat.
§ 609.748, if the officer can verify the existence of the order.
(i) Officers are authorized to make an arrest without a warrant when there is probable
cause to believe the person has violated the provisions of any other no contact or
restraining order issued by a court, even if the offense did not rise to the level of a
felony (Minn. Stat. § 629.34). While conducting a domestic abuse investigation officers
shall attempt to verify whether there has been a court order issued.
(j) Officers should consider whether other offenses have been committed that may not
qualify as a domestic abuse including, but not limited to, burglary, felony assault, other
threats of violence, kidnapping, false imprisonment, witness tampering, trespassing,
criminal damage to property, disorderly conduct, or assault.
309.9.2 REPORTS AND RECORDS

(a) Officers should include information related to the following in a report, as applicable
(Minn. Stat. § 629.341):
1. Names, addresses, telephone numbers of all involved persons
2. Condition of clothing
3. Description of the scene, including any property damage
4. Evidence of physical injury, including strangulation
5. Presence of elderly victims or persons with disabilities
6. Facts related to any person who may have been a primary aggressor
7. Excited utterances of the victim and the suspect
8. Demeanor of the victim and the suspect
9. Medical records, including the victim’s statements to paramedics, nurses and
doctors
10. Detailed statements of interviews of witnesses, including children, who may have
been present, noting any language barriers

Department
Domestic Abuse
11. A detailed explanation of the reasons for the officer’s decision not to arrest or
seek an arrest warrant
12. Evidence of any prior domestic abuse, related convictions, including dates
13. Any existing orders for protection, harassment restraining order or no contact
orders
14. Identifying information of a specific court order violated, including county of
origin, the file number and the provision allegedly violated
(b) Domestic abuse reports should be forwarded to the appropriate prosecutor for review
and consideration of criminal charges, even when no arrest is made or warrant
requested.
(c) If a child was present at the scene of a domestic abuse incident or was the victim of
domestic abuse, the officer should determine whether the child has been subjected
to physical abuse, sexual abuse or neglect, and comply with the mandatory reporting
requirements of Minn. Stat. § 626.556.
1. The officer shall also attempt to verify whether there has been an order for
protection issued under Minn. Stat. § 260C.201 and take appropriate action.
(d) Fees will not be charged for the release of reports related to domestic abuse, as
directed in Minn. Stat. § 13.82.
309.9.3 SERVICE OF COURT ORDERS

Officers, when reasonably safe and in a position to do so, shall serve copies or short forms of
court orders as directed in Minn. Stat. § 518B.01 and Minn. Stat. § 609.748.
309.9.4 COURT-ORDERED FIREARM SURRENDERS

Although not required, this department generally will accept firearms surrendered by a court order
from an abusing party or defendant. A decision to refuse a surrendered firearm should be approved
by a supervisor.
Firearms will normally be surrendered at the Brooklyn Center Police Department; however, when
encountering someone in the field who wishes to surrender a firearm, officers should make
reasonable efforts to accommodate the request.
Surrendered firearms should be collected and submitted to the Property Room in accordance with
the Property and Evidence Policy.

Department
Search and Seizure

Both the federal and state Constitutions provide every individual with the right to be free from
unreasonable searches and seizures. This policy provides general guidelines for Brooklyn Center
Police Department personnel to consider when dealing with search and seizure issues.
310.2 POLICY
It is the policy of the Brooklyn Center Police Department to respect the fundamental privacy
rights of individuals. Members of this department will conduct searches in strict observance of the
constitutional rights of persons being searched. All seizures by this department will comply with
relevant federal and state law governing the seizure of persons and property.
The Department will provide relevant and current training to officers as guidance for the application
of current law, local community standards and prosecutorial considerations regarding specific
search and seizure situations, as appropriate.
310.3 SEARCHES
The U.S. Constitution generally provides that a valid warrant is required in order for a search to
be valid. There are, however, several exceptions that permit a warrantless search.
Examples of law enforcement activities that are exceptions to the general warrant requirement
include, but are not limited to, searches pursuant to the following:
• Valid consent
• Incident to a lawful arrest
• Legitimate community caretaking interests
• Vehicle searches under certain circumstances
• Exigent circumstances
Certain other activities are recognized by federal and state courts and by certain statutes as
legitimate law enforcement activities that also do not require a warrant. Such activities may include
seizure and examination of abandoned property, and observations of activities and property
located on open public areas.
Because case law regarding search and seizure is constantly changing and subject to
interpretation by the courts, each member of this department is expected to act in each situation
according to current training and his/her familiarity with clearly established rights as determined
by case law.
Whenever practicable, officers are encouraged to contact a supervisor to resolve questions
regarding search and seizure issues prior to electing a course of action.
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Department
Search and Seizure
310.4 SEARCH PROTOCOL

Although conditions will vary, and officer safety and other exigencies must be considered in every
search situation, the following guidelines should be followed whenever circumstances reasonably
permit:
(a) Members of this department will strive to conduct searches with dignity and courtesy.
(b) Officers should explain to the person being searched, the reason for the search and
how the search will be conducted.
(c) Searches should be carried out with due regard and respect for private property
interests, and in a manner that minimizes damage.
(d) In order to minimize the need for forcible entry, an attempt should be made to
obtain keys, combinations, or access codes when a search of locked property is
anticipated, unless this may endanger officers serving the warrant, compromise the
investigation, alert offenders to officers intent, or allow for the potential destruction of
police evidence.
(e) When the person to be searched is of the opposite sex as the searching officer, a
reasonable effort should be made to summon an officer of the same sex as the subject
to conduct the search. When it is not practicable to summon an officer of the same
sex as the subject, the following guidelines should be followed:
1. Another officer or a supervisor should witness the search.
2. The officer should not search areas of the body covered by tight-fitting clothing,
sheer clothing or clothing that could not reasonably conceal a weapon.
310.5 DOCUMENTATION
Officers are responsible to document any search and to ensure that any required reports are
sufficient including, at minimum, documentation of the following:
• Reason for the search
• Any efforts used to minimize the intrusiveness of any search (e.g., asking for consent
or keys)
• What, if any, injuries or damage occurred
• All steps taken to secure property
• The results of the search, including a description of any property or contraband seized
• If the person searched is the opposite sex, any efforts to summon an officer of the
same sex as the person being searched and the identification of any witness officer
Supervisors shall review reports to ensure the reports are accurate, that actions are properly
documented and that current legal requirements and department policy have been met.
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Department
Temporary Custody of Juveniles

This policy provides guidelines consistent with the Juvenile Justice and Delinquency Prevention
Act for juveniles taken into temporary custody by members of the Brooklyn Center Police
Department (34 USC § 11133; Minn. Stat. § 260B.176; Minn. Stat. § 260C.176).
This policy does not apply to secure detention facilities, shelter care facilities, or the juvenile portion
of an adult facility authorized to hold juveniles, but rather applies to the temporary custody of
a juvenile before a juvenile is released, delivered to a court, or delivered to any of these other
facilities (Minn. Stat. § 260B.176, Subd. 3; Minn. Stat. § 260C.176, Subd. 3).
311.1.1 DEFINITIONS
Custodian or Guardian - A person who is under a legal obligation or who is in fact providing care
and support for a minor (Minn. Stat. § 260B.007, Subd. 13; Minn. Stat. § 260C.007, Subd. 10).
Juvenile non-offender - An abused, neglected, dependent, or alien juvenile who may be legally
held for his/her own safety or welfare. This includes those held as runaways (Minn. Stat. §
260C.175), truancy violators (Minn. Stat. § 260C.143), and juveniles 15 years old or younger in
custody related to their engaging in prostitution or related activities (Minn. Stat. § 260B.007 Subd.
6(c)). This also includes any juvenile who may have initially been contacted for an offense that
would not subject an adult to arrest (e.g., fine-only offense) but was taken into custody for his/her
protection or for purposes of reuniting the juvenile with a parent, guardian, or other responsible
person.
Juvenile offender - A juvenile 17 years of age or younger who is alleged to have committed an
offense that would subject an adult to arrest (a non-status offense). It also includes possession of
a handgun in violation of Minn. Stat. § 624.713 (28 CFR 31.303). This does not include a juvenile
petty offender under Minn. Stat. § 260B.007.
Non-secure custody - When a juvenile is held in the presence of an officer or other custody
employee at all times and is not placed in a locked room, cell, or behind any locked doors. Juveniles
in non-secure custody may be handcuffed but not to a stationary or secure object. Personal
supervision, through direct visual monitoring, and audio two-way communication is maintained.
Monitoring through electronic devices, such as video, does not replace direct visual observation.
Secure custody - When a juvenile offender is held in a locked room, a set of rooms, or a cell.
Secure custody also includes being physically secured to a stationary object.
Examples of secure custody include:
(a) A juvenile left alone in an unlocked room within the secure perimeter of the adult
temporary holding area.
(b) A juvenile handcuffed to a rail.
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Department
(c) A juvenile placed in a room that contains doors with delayed egress devices that have
a delay of more than 30 seconds.
(d) A juvenile being processed in a secure booking area when a non-secure booking area
is available.
(e) A juvenile left alone in a secure booking area after being photographed and
fingerprinted.
(f) A juvenile placed in a cell within the adult temporary holding area whether or not the
cell door is locked.
(g) A juvenile placed in a room that is capable of being locked or contains a fixed object
designed for cuffing or restricting movement.
Sight and sound separation - Located or arranged to prevent physical, visual, or auditory
contact.
Status offender - A juvenile suspected of committing a criminal violation of the law that would not
be a criminal violation but for the age of the offender. Examples may include underage possession
of tobacco or curfew violation. A juvenile in custody on a court order or warrant based upon a status
offense is also a status offender. Juvenile petty offenders taken into custody should be considered
a status offender for purposes of this policy (Minn. Stat. § 260B.007; Minn. Stat. § 260B.143).
311.2 POLICY
The Brooklyn Center Police Department is committed to releasing juveniles from temporary
custody as soon as reasonably practicable and keeping juveniles safe while they are in temporary
custody at the Brooklyn Center Police Department. Juveniles should be held in temporary custody
only for as long as reasonably necessary for processing, transfer, or release.
311.3 JUVENILES WHO SHOULD NOT BE HELD

Juveniles who exhibit any of the following conditions should not be held at the Brooklyn Center
Police Department:
(a) Unconscious
(b) Seriously injured
(c) A known suicide risk or obviously severely emotionally disturbed
(d) Significantly intoxicated
(e) Extremely violent or continuously violent
Officers taking custody of a juvenile who exhibits any of the above conditions should take
reasonable steps to provide medical attention or mental health assistance and notify a supervisor
of the situation.
These juveniles should not be held at the Brooklyn Center Police Department unless they have
been evaluated by a qualified medical and/or mental health professional.
Department
If the officer taking custody of the juvenile believes the juvenile may be a suicide risk, the juvenile
shall be under continuous direct supervision until evaluation, release, or a transfer is completed.
311.3.1 SUICIDE PREVENTION OF JUVENILES IN CUSTODY

The arresting officer should be alert to potential symptoms based upon exhibited behavior that
may indicate the juvenile is a suicide risk. These symptoms may include depression, refusal to
communicate, verbally threatening to kill him/herself, or any unusual behavior that may indicate
the juvenile may harm him/herself while in custody.
311.4 CUSTODY OF JUVENILES

Officers should take custody of a juvenile and temporarily hold the juvenile at the Brooklyn Center
Police Department when there is no other lawful and practicable alternative to temporary custody.
Refer to the Child Abuse Policy for additional information regarding detaining a juvenile that is
suspected of being a victim.
No juvenile should be held in temporary custody at the Brooklyn Center Police Department without
authorization of the arresting officer's supervisor or the senior officer.
Any juvenile taken into custody shall be released to the care of the juvenile's parent or other
responsible adult, or transferred to a juvenile custody facility or to other authority as soon as
practicable, and in no event shall a juvenile be held beyond six hours from the time of his/her entry
into the Brooklyn Center Police Department (34 USC § 11133).
311.4.1 CUSTODY OF JUVENILE NON-OFFENDERS

Non-offenders taken into protective custody in compliance with the Child Abuse Policy should
generally not be held at the Brooklyn Center Police Department. Custodial arrangements should
be made for non-offenders as soon as reasonably possible (Minn. Stat. § 260B.175; Minn. Stat.
§ 260C.143; Minn. Stat. § 260C.176). Juvenile non-offenders may not be held in secure custody
(34 USC § 11133).
Juveniles detained for truancy violations may be (Minn. Stat. § 260C.143):
(a) Transported to the juvenile’s home and released to a parent or guardian.
(b) Transported to the juvenile’s school of enrollment and delivered to the school
superintendent or a teacher.
(c) Transported to a child truancy center under Minn. Stat. § 260A.04, Subd. 3.
311.4.2 CUSTODY OF JUVENILE STATUS OFFENDERS

Status offenders should generally be released by citation or with a warning rather than taken into
temporary custody. However officers may take custody of a status offender if requested to do so
by a parent or legal guardian in order to facilitate reunification (e.g., transported home or to the
station to await a parent). Juvenile status offenders may not be held in secure custody (34 USC
§ 11133).
Department
311.4.3 CUSTODY OF JUVENILE OFFENDERS

Juvenile offenders should be held in non-secure custody while at the Brooklyn Center Police
Department unless another form of custody is authorized by this policy or is necessary due to
exigent circumstances.
Generally juvenile offenders may be taken into custody under the authority of Minn. Stat. §
260B.175 when a court order authorizes the custody, when the juvenile has committed an offense
that would warrant the arrest of an adult, or when it is reasonably believed that the child has
violated the terms of probation, parole, or other field supervision.
An officer who takes a juvenile offender of any age or gender into custody or could take the juvenile
into custody under Minn. Stat. § 260B.175 is authorized to perform a protective pat-down search
of the juvenile offender in order to protect the officer’s safety (Minn. Stat. § 260B.175, Subd. 4).
The parent, guardian, or custodian of the juvenile shall be notified as soon as possible when a
juvenile offender is taken into custody. Juvenile offenders shall be released to the custody of a
parent, guardian, custodian, or other suitable person unless there is reason to believe that the
juvenile would (Minn. Stat. § 260B.176):
(a) Endanger him/herself or others.
(b) Not return for a court hearing.
(c) Run away from or otherwise not remain in the care or control of his/her parent,
guardian, or custodian.
(d) Face immediate endangerment to his/her health or welfare.
If a juvenile offender is not released to a parent, guardian, custodian, or other suitable person, the
officer taking the juvenile offender into custody shall notify the court as soon as possible of the
detention of the juvenile and the reasons for detention (Minn. Stat. § 260B.176).
311.5 ADVISEMENTS
When a juvenile is taken into custody on a warrant, the juvenile and his/her parent, guardian, or
custodian, if present, shall immediately be informed of the existence of the warrant for immediate
custody and, as soon as practicable, of the reasons why the juvenile is being taken into custody
(Minnesota Rules of Juvenile Delinquency Procedure 4.03, Subd. 10).
If it is determined that a juvenile taken into custody is going to be placed into a secure detention
facility or a shelter care facility, the officer shall advise both the juvenile and the juvenile’s parent,
guardian, or custodian as soon as possible (Minn. Stat. § 260B.176, Subd. 3; Minn. Stat. §
260C.176, Subd. 3):
(a) Of the reasons for custody and the reasons for placement.
(b) Of the location of the facility unless there is reason to believe that disclosure
would place the juvenile’s health and welfare in immediate endangerment. If so, the
disclosure shall not be made (Minn. Stat. § 260B.176, Subd. 5).
Department
(c) That the juvenile’s parent, guardian, or custodian and attorney or guardian ad litem
may make an initial visit to the facility at any time. Subsequent visits may also be made
on a reasonable basis.
(d) That the juvenile may telephone parents and an attorney or guardian ad litem
immediately after being admitted to the facility and thereafter on a reasonable basis.
(e) That the juvenile may not be detained for acts under Minn. Stat. § 260B.007, Subd. 6
for longer than 36 hours excluding weekends and holidays unless a petition has been
filed pursuant to Minn. Stat. § 260B.178.
(f) That the juvenile may not be detained under Minn. Stat. § 260C.175, Subd. 1, clause
(1) or (2), item (ii) longer than 72 hours at a shelter care facility excluding weekends
and holidays unless a petition has been filed pursuant to Minn. Stat. § 260C.178.
(g) That the juvenile may not be detained for acts under Minn. Stat. § 260B.007, Subd.
6 for longer than 24 hours in an adult jail or municipal lockup excluding weekends
and holidays or longer than six hours if the adult jail or municipal lockup is a standard
metropolitan statistical area, unless a petition has been filed pursuant to Minn. Stat. §
260B.178 and a motion made to refer the juvenile for adult prosecution.
(h) Of the date, time, and place of the detention hearing, if this information is available.
(i) That the juvenile and the juvenile’s parent, guardian, or custodian have the right to be
present and to be represented by counsel, at the detention hearing and that if they
cannot afford counsel it will be appointed at public expense.
311.6 JUVENILE CUSTODY LOGS

Any time a juvenile is held in custody at the Department the custody shall be promptly and properly
documented in the custody log, including:
(a) Identifying information about the juvenile being held.
(b) Date and time of arrival, and release from the Brooklyn Center Police Department.
(c) Supervisor notification and approval to temporarily hold the juvenile.
(d) Any charges for which the juvenile is being held, and classification of the juvenile as
a juvenile offender, status offender, or non-offender.
(e) Any changes in status.
(f) Time of all welfare checks.
(g) Any medical and other screening requested and completed.
(h) Circumstances that justify any secure custody.
(i) Any other information that may be required by other authorities, such as compliance
inspectors or a local juvenile court authority.
The officer shall initial the log to approve the custody including any secure custody, and shall also
initial the log when the juvenile is released.
Department
311.7 NO-CONTACT REQUIREMENTS

Sight and sound separation shall be maintained between all juveniles and adults while in custody
at the Department (34 USC § 11133). There should also be sight and sound separation between
non-offenders and juvenile or status offenders.
In situations where brief or accidental contact may occur (e.g., during the brief time a juvenile
is being fingerprinted and/or photographed in booking), a member of the Brooklyn Center Police
Department shall maintain a constant, immediate presence with the juvenile or the adult to
minimize any contact. If inadvertent or accidental contact does occur, reasonable efforts shall be
taken to end the contact.
311.8 TEMPORARY CUSTODY REQUIREMENTS

Members and supervisors assigned to monitor or process any juvenile at the Brooklyn Center
Police Department shall ensure the following:
(a) The Shift Sergeant should be notified if it is anticipated that a juvenile may need
to remain at the Brooklyn Center Police Department more than four hours. This will
enable the Shift Sergeant to ensure no juvenile is held at the Brooklyn Center Police
Department more than six hours.
(b) A staff member of the same sex shall supervise personal hygiene activities and
care, such as changing clothing or using the restroom, without direct observation to
allow for privacy.
(c) Personal visual checks and significant incidents/activities shall be noted on the log.
(d) There shall be no viewing devices, such as peep holes or mirrors, of which the juvenile
is not aware. Therefore an employee should inform a juvenile under his/her care that
the juvenile will be monitored at all times unless he/she is using the toilet. This does
not apply to surreptitious and legally obtained recorded interrogations.
(e) Juveniles shall have reasonable access to toilets and wash basins.
(f) Food should be provided if a juvenile has not eaten within the past four hours or is
otherwise in need of nourishment, including any special diet required for the health
of the juvenile.
(g) Juveniles shall have reasonable access to a drinking fountain or water.
(h) Juveniles shall have reasonable opportunities to stand and stretch, particularly if
handcuffed or restrained in any way.
(i) Juveniles should have privacy during family, guardian, and/or lawyer visits.
(j) Juveniles should be permitted to remain in their personal clothing unless the clothing
is taken as evidence or is otherwise unsuitable or inadequate for continued wear while
in custody.
(k) Blankets should be provided as reasonably necessary.
(l) Adequate shelter, heat, light, and ventilation should be provided without compromising
security or enabling escape.
Department
(m) Juveniles shall have adequate furnishings, including suitable chairs or benches.
(n) Juveniles shall have the right to the same number of telephone calls as an adult in
custody.
(o) No discipline may be administered to any juvenile nor may juveniles be subjected to
corporal or unusual punishment, humiliation, or mental abuse.
311.9 USE OF RESTRAINT DEVICES

Juvenile offenders may be handcuffed in accordance with the Handcuffing and Restraints Policy.
A juvenile offender may be handcuffed at the Brooklyn Center Police Department when the
juvenile presents a heightened risk. However, non-offenders and status offenders should not be
handcuffed unless they are combative or threatening.
Restraints shall only be used after less restrictive measures have failed.
Juveniles in restraints shall be kept away from other unrestrained juveniles or monitored in such
a way as to protect the juvenile from abuse.
311.10 PERSONAL PROPERTY

The officer taking custody of a juvenile offender or status offender at the Brooklyn Center Police
Department shall ensure a thorough search of the juvenile’s property is made and all property is
removed from the juvenile, especially those items that could compromise safety, such as pens,
pencils, and belts.
The personal property of a juvenile should be placed in a property bag. The property should be
inventoried in the juvenile’s presence and sealed into the bag. The property should be kept in a
monitored or secure location until the juvenile is released from the custody of the Brooklyn Center
Police Department.
311.11 SECURE CUSTODY

Only juvenile offenders 14 years of age or older may be placed in secure custody.
Secure custody should only be used for juvenile offenders when there is a reasonable belief that
the juvenile is a serious risk of harm to himself/herself or others.
Members of this department should not use secure custody for convenience when non-secure
custody is or later becomes a reasonable option.
When reasonably practicable, handcuffing one hand of a juvenile offender to a fixed object while
otherwise maintaining the juvenile in non-secure custody should be considered as the method of
secure custody rather than the use of a locked enclosure. An employee must be present at all
times to ensure the juvenile's safety while secured to a stationary object.
Generally, juveniles should not be secured to a stationary object for more than 60 minutes.
Supervisor approval is required to secure a juvenile to a stationary object for longer than 60
minutes and every 30 minutes thereafter. Supervisor approval should be documented.
Department
311.11.1 LOCKED ENCLOSURES

A thorough inspection of the area shall be conducted before placing a juvenile into the enclosure.
A second inspection shall be conducted after removing the juvenile. Any damage noted to the
room should be photographed and documented in the crime report.
The following requirements shall apply to a juvenile offender who is held inside a locked enclosure:
(a) The juvenile shall constantly be monitored by an audio/video system during the entire
custody.
(b) Juveniles shall have constant auditory access to department members.
(c) Initial placement into and removal from a locked enclosure shall be logged.
(d) Random personal visual checks of the juvenile by a staff member shall occur no less
than every 15 minutes.
1. All checks shall be logged.
2. The check should involve questioning the juvenile as to his/her well-being
(sleeping juveniles or apparently sleeping juveniles should be awakened).
3. Requests or concerns of the juvenile should be logged.
(e) Males and females shall not be placed in the same locked room.
(f) Juvenile offenders should be separated according to severity of the crime (e.g., felony
or misdemeanor).
(g) Restrained juveniles shall not be mixed in a cell or room with unrestrained juveniles.
311.12 SUICIDE ATTEMPT, DEATH, OR SERIOUS INJURY OF A JUVENILE

The Shift Sergeant will ensure procedures are in place to address the suicide attempt, death, or
serious injury of any juvenile held at the Brooklyn Center Police Department. The procedures will
address:
(a) Immediate notification of the on-duty supervisor, Chief of Police and Investigation
Division Supervisor.
(b) Notification of the parent, guardian, or person standing in loco parentis of the juvenile.
(c) Notification of the appropriate prosecutor.
(d) Notification of the City attorney.
(e) Evidence preservation.
311.13 INTERVIEWING OR INTERROGATING JUVENILE SUSPECTS

No interview or interrogation of a juvenile should occur unless the juvenile has the apparent
capacity to consent and does consent to an interview or interrogation.
Department
311.13.1 SCHOOL NOTIFICATION

Minnesota law requires that the Chief of Police or the authorized designee notify the
superintendent or chief administrative officer of a juvenile's school of an incident occurring within
our jurisdiction if (Minn. Stat. § 260B.171 Subd. 5):
(a) There is probable cause to believe a juvenile has committed an offense that would be
a crime if committed as an adult, that the victim is a student or staff member, and the
notice is reasonably necessary for the protection of the victim.
(b) For certain serious crimes regardless of whether the victim is a student or staff
member.
However the Department is not required to notify the school if it is determined that notice would
jeopardize an ongoing investigation.
311.14 RESTRICTION ON PHOTOGRAPHING

Photographing of juveniles taken into custody will only occur with the consent of the juvenile court,
except when the photograph is taken related to a violation of driving while impaired or is taken
pursuant to the laws of arrest (Minn. Stat. § 260B.171, Subd. 5; Minn. Stat. § 260B.175; Minn.
Stat. § 169A.20).
Department
Adult Abuse
The_purpose of this policy is to provide guidelines for the investigation and reporting of suspected
abuse of certain adults who may be more vulnerable than others. This policy also addresses
mandatory notification for Brooklyn Center Police Department members as required by law (Minn.
Stat. § 626.557).
312.1.1 DEFINITIONS
Definitions related to this policy include (Minn. Stat. § 626.5572):
Adult abuse - Any offense or attempted offense involving violence or neglect of an adult victim
when committed by a person responsible for the adult’s care, or any other act that would mandate
reporting or notification to a social service agency or law enforcement.
312.2 POLICY
The Brooklyn Center Police Department will meet Minnesota mandates related to adults who may
need heightened protection due to their age or infirmities. Members of the Brooklyn Center Police
Department will treat these persons with a high level of compassion and care.
312.3 MANDATORY NOTIFICATION

Members_of the Brooklyn Center Police Department shall notify the entity responsible for receiving
such reports when they have reason to believe that a vulnerable adult is being or has been
maltreated, or has sustained a physical injury which is not reasonably explained. Members shall
also report suspected negligent care by a service or health care provider that resulted in injury or
harm requiring the care of a physician (Minn. Stat. § 626.557).
For purposes of notification, a vulnerable adult is a person age 18 or older who has physical,
mental or emotional disabilities that make it difficult for the person to care for or to protect him/
herself from maltreatment. It also refers to adults who reside at a facility, or receive care at a facility
or through home care (Minn. Stat. § 626.5572).
Maltreatment includes abuse, neglect and financial exploitation. Abuse can be physical, emotional
or sexual. Financial exploitation may include any instance where vulnerable adults’ money, assets
or property are not used for their benefit or are stolen or kept from them (see Minn. Stat. § 626.5572
for full definitions).
312.3.1 NOTIFICATION PROCEDURE

Oral notification should be made as soon as possible, but in all cases within 24 hours (Minn. Stat.
§ 626.557; Minn. Stat. § 626.5572). To the extent possible, the following should be included in
the notification:
(a) The identity of the vulnerable adult and any caregiver
(b) The nature and extent of the suspected maltreatment
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Department
Adult Abuse
(c) Any evidence of previous maltreatment

(d) The name and addresses of the person initiating the report or other witnesses
(e) The time, date, and location of the incident
(f) Any other information that might be helpful in investigating the suspected maltreatment
If notification of maltreatment is first made to the Brooklyn Center Police Department, the member
receiving the notification shall complete and forward the intake form to the entity responsible for
receiving such reports.
312.4 QUALIFIED INVESTIGATORS

Qualified investigators should be available to investigate cases of adult abuse. These investigators
should:
(a) Conduct interviews in appropriate interview facilities.
(b) Be familiar with forensic interview techniques specific to adult abuse investigations.
(c) Present all cases of alleged adult abuse to the prosecutor for review.
(d) Coordinate with other enforcement agencies, social service agencies and facility
administrators as needed.
(e) Provide referrals to therapy services, victim advocates, guardians and support for the
victim and family as appropriate.
(f) Participate in or coordinate with multidisciplinary investigative teams as applicable
(Minn. Stat. § 626.5571).
312.5 INVESTIGATIONS AND REPORTING

All reported or suspected cases of adult abuse require investigation and a report, even if the
allegations appear unfounded or unsubstantiated. Investigations should be initiated a soon as
possible, but in all cases within 24 hours (Minn. Stat. § 626.557).
Investigations and reports related to suspected cases of adult abuse should address, as
applicable:
(a) The overall basis for the contact. This should be done by the investigating officer in all
circumstances where a suspected adult abuse victim is contacted.
(b) Any relevant statements the victim may have made and to whom he/she made the
statements.
(c) If a person is taken into protective custody, the reasons, the name and title of the
person making the decision, and why other alternatives were not appropriate.
(d) Documentation of any visible injuries or any injuries identified by the victim. This should
include photographs of such injuries, if practicable.
(e) Whether the victim was transported for medical treatment or a medical examination.
Department
Adult Abuse
(f) Whether the victim identified a household member as the alleged perpetrator, and a
list of the names of any other potential victims or witnesses who may reside in the
residence.
(g) Identification of any prior related reports or allegations of abuse, including other
jurisdictions, as reasonably known.
(h) Previous addresses of the victim and suspect.
(i) Other potential witnesses who have not yet been interviewed, such as relatives or
others close to the victim’s environment.
Any unexplained death of an adult who was in the care of a guardian or caretaker should be
considered as potential adult abuse and investigated similarly.
Assigned members shall initiate an investigation of vulnerable adult abuse as soon as possible,
but in all cases within 24 hours when there is reason to believe a crime has been committed (Minn.
Stat. § 626.557).
312.6 PROTECTIVE CUSTODY

Before_taking an adult abuse victim into protective custody when facts indicate the adult may
not be able to care for him/herself, the officer should make reasonable attempts to contact an
appropriate protective services agency. Generally, removal of an adult abuse victim from his/her
family, guardian or other responsible adult should be left to the welfare authorities when they are
present or have become involved in an investigation.
Generally, members of this department should remove an adult abuse victim from his/her family
or guardian without a court order only when no other effective alternative is reasonably available
and immediate action reasonably appears necessary to protect the victim. Prior to taking an adult
abuse victim into protective custody, the officer should take reasonable steps to deliver the adult
to another qualified legal guardian, unless it reasonably appears that the release would endanger
the victim or result in abduction. If this is not a reasonable option, the officer shall ensure that the
adult is delivered to an appropriate protective services agency or medical facility.
Whenever practicable, the officer should inform a supervisor of the circumstances prior to taking
an adult abuse victim into protective custody. If prior notification is not practicable, officers should
contact a supervisor promptly after taking the adult into protective custody.
When adult abuse victims are under state control, have a state-appointed guardian or there are
other legal holdings for guardianship, it may be necessary or reasonable to seek a court order
on behalf of the adult victim to either remove the adult from a dangerous environment (protective
custody) or restrain a person from contact with the adult.
312.7 MEDICAL EXAMINATIONS

When_an adult abuse investigation requires a medical examination, the investigating officer
should obtain consent for such examination from the victim, guardian, agency or entity having
Department
Adult Abuse
legal custody of the adult. The officer should also arrange for the adult’s transportation to the
appropriate medical facility.
In cases where the alleged offender is a family member, guardian, agency or entity having legal
custody and is refusing to give consent for the medical examination, officers should notify a
supervisor before proceeding. If exigent circumstances do not exist or if state law does not provide
for officers to take the adult for a medical examination, the supervisor should consider other
government agencies or services that may obtain a court order for such an examination.
312.8 DRUG-ENDANGERED VICTIMS

A coordinated response by law enforcement and social services agencies is appropriate to meet
the immediate and longer-term medical and safety needs of an adult abuse victim who has been
exposed to the manufacturing, trafficking or use of narcotics.

The Investigations Division supervisor should:
(a) Work with professionals from the appropriate agencies, including the applicable
adult protective services agency, other law enforcement agencies, medical service
providers and local prosecutors, to develop community-specific procedures for
responding to situations where there are adult abuse victims endangered by exposure
to methamphetamine labs or the manufacture and trafficking of other drugs.
(b) Activate any available interagency response when an officer notifies the Investigations
Division supervisor that he/she has responded to a drug lab or other narcotics crime
scene where an adult abuse victim is present or where evidence indicates that an
adult abuse victim lives.
(c) Develop a report format or checklist for use when officers respond to drug labs or other
narcotics crime scenes. The checklist will help officers document the environmental,
medical, social and other conditions that may affect the adult.
312.9 STATE MANDATES AND OTHER RELEVANT LAWS

Minnesota requires or permits the following:
312.9.1 SUPPORT SERVICES RESPONSIBILITIES

The Support Services is responsible for:
(a) Providing a copy of the adult abuse report to the applicable entity in the county
responsible for receiving such reports as required by law.
(b) Retaining the original adult abuse report with the initial case file.
312.9.2 RELEASE OF REPORTS

Information_related to incidents of adult abuse or suspected adult abuse shall be confidential
and may only be disclosed pursuant to state law and the Records Maintenance and Release
Policy (Minn. Stat. § 626.557).
Department
Adult Abuse
312.10 INTERVIEWS
312.10.1 PRELIMINARY INTERVIEWS

Absent extenuating circumstances or impracticality, officers should audio record the preliminary
interview with a suspected adult abuse victim. Officers should avoid multiple interviews with the
victim and should attempt to gather only the information necessary to begin an investigation. When
practicable, investigating officers should defer interviews until a person who is specially trained
in such interviews is available.
312.10.2 DETAINING VICTIMS FOR INTERVIEWS

An officer_should not detain an adult involuntarily who is suspected of being a victim of abuse
solely for the purpose of an interview or physical exam without his/her consent or the consent of
a guardian unless one of the following applies:
(a) Exigent circumstances exist, such as:
1. A reasonable belief that medical issues of the adult need to be addressed
immediately.
2. A reasonable belief that the adult is or will be in danger of harm if the interview
or physical exam is not immediately completed.
3. The alleged offender is a family member or guardian and there is reason to
believe the adult may be in continued danger.
(b) A court order or warrant has been issued.
Department
Discriminatory Harassment
This policy is intended to prevent department members from being subjected to discrimination or
sexual harassment.
313.2 POLICY
The Brooklyn Center Police Department is an equal opportunity employer and is committed to
creating and maintaining a work environment that is free of all forms of discriminatory harassment,
including sexual harassment and retaliation. The Department will not tolerate, discrimination
against employees in hiring, promotion, discharge, compensation, fringe benefits and other
privileges of employment. The Department will take preventive and corrective action to address
any behavior that violates this policy or the rights it is designed to protect.
The non-discrimination policies of the Department may be more comprehensive than state or
federal law. Conduct that violates this policy may not violate state or federal law but still could
subject a member to discipline.
313.3 DISCRIMINATION PROHIBITED
313.3.1 DISCRIMINATION
The Department prohibits all forms of discrimination, including any employment-related action by
a member that adversely affects an applicant or member and is based on race, color, religion, sex,
age, national origin or ancestry, genetic information, disability, military service, sexual orientation
and other classifications protected by law.
Discriminatory harassment, including sexual harassment, is verbal or physical conduct that
demeans or shows hostility or aversion toward an individual based upon that individual’s protected
class. It has the effect of interfering with an individual’s work performance or creating a hostile or
abusive work environment.
Conduct that may, under certain circumstances, constitute discriminatory harassment, can include
making derogatory comments, crude and offensive statements or remarks, making slurs or
off-color jokes, stereotyping, engaging in threatening acts, making indecent gestures, pictures,
cartoons, posters or material, making inappropriate physical contact, or using written material or
department equipment and/or systems to transmit or receive offensive material, statements or
pictures. Such conduct is contrary to department policy and to the department’s commitment to
an environment that is free of discrimination.
313.3.2 SEXUAL HARASSMENT

The Department prohibits all forms of discrimination and discriminatory harassment, including
sexual harassment. It is unlawful to harass an applicant or a member because of that person’s sex.
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Department
Sexual harassment includes, but is not limited to, unwelcome sexual advances, requests for sexual
favors or other verbal, visual or physical conduct of a sexual nature when:
(a) Submission to such conduct is made either explicitly or implicitly a term or condition
of employment, position or compensation.
(b) Submission to, or rejection of, such conduct is used as the basis for any employment
decisions affecting the member.
(c) Such conduct has the purpose or effect of substantially interfering with a member's
work performance or creating an intimidating, hostile or offensive work environment.
313.3.3 ADDITIONAL CONSIDERATIONS

Discrimination and discriminatory harassment do not include actions that are in accordance with
established rules, principles or standards including:
(a) Acts or omission of acts based solely upon bona fide occupational qualifications
under the Equal Employment Opportunity Commission (EEOC) or the Minnesota
Department of Human Rights.
(b) Bona fide requests or demands by a supervisor that a member improve his/her work
quality or output, that the member report to the job site on time, that the member
comply with City or department rules or regulations, or any other appropriate work-
related communication between supervisor and member.
313.3.4 RETALIATION
Retaliation is treating a person differently or engaging in acts of reprisal or intimidation against
the person because he/she has engaged in protected activity, filed a charge of discrimination,
participated in an investigation or opposed a discriminatory practice. Retaliation will not be
tolerated.
This policy applies to all department personnel. All members shall follow the intent of these
guidelines in a manner that reflects department policy, professional law enforcement standards
and the best interest of the Department and its mission.
Members are encouraged to promptly report any discriminatory, retaliatory or harassing conduct
or known violations of this policy to a supervisor. Any member who is not comfortable with reporting
violations of this policy to his/her immediate supervisor may bypass the chain of command and
make the report to a higher ranking supervisor or manager. Complaints may also be filed with the
Chief of Police, Director of Human Services or the City Manager.
Any member who believes, in good faith, that he/she has been discriminated against, harassed,
subjected to retaliation, or who has observed harassment or discrimination, is encouraged to
promptly report such conduct in accordance with the procedures set forth in this policy.
Department
Supervisors and managers receiving information regarding alleged violations of this policy shall
determine if there is any basis for the allegation and shall proceed with resolution as stated below.
313.4.1 SUPERVISOR RESPONSIBILITY

Each supervisor and manager shall:
(a) Continually monitor the work environment and strive to ensure that it is free from all
types of unlawful discrimination, including sexual harassment and retaliation.
(b) Take prompt, appropriate action within their work units to avoid and minimize the
incidence of any form of discrimination, harassment or retaliation.
(c) Ensure that their subordinates understand their responsibilities under this policy.
(d) Ensure that members who make complaints or who oppose any unlawful employment
practices are protected from retaliation and that such matters are kept confidential to
the extent possible.
(e) Notify the Chief of Police or Director of Human Services in writing of the circumstances
surrounding any reported allegations or observed acts of discrimination, harassment
or retaliation no later than the next business day.
313.4.2 SUPERVISOR’S ROLE

Because of differences in individual values, supervisors and managers may find it difficult to
recognize that their behavior or the behavior of others is discriminatory, harassing or retaliatory.
Supervisors and managers shall be aware of the following considerations:
(a) Behavior of supervisors and managers should represent the values of the Department
and professional law enforcement standards.
(b) False or mistaken accusations of discrimination, harassment or retaliation can have
negative effects on the careers of innocent members.
(c) Supervisors and managers must act promptly and responsibly in the resolution of such
situations.
(d) Supervisors and managers shall make a timely determination regarding the substance
of any allegation based upon all available facts.
Nothing in this section shall be construed to prevent supervisors or managers from discharging
supervisory or management responsibilities, such as determining duty assignments, evaluating
or counseling members or issuing discipline, in a manner that is consistent with established
procedures.
313.5 INVESTIGATION OF COMPLAINTS

Various methods of resolution exist. During the pendency of any such investigation, the supervisor
of the involved members should take prompt and reasonable steps to mitigate or eliminate
any continuing abusive or hostile work environment. It is the policy of the Department that
Department
all complaints of discrimination or harassment shall be fully documented, and promptly and
thoroughly investigated. The participating or opposing member should be protected against
retaliation, and the complaint and related investigation should be kept confidential to the extent
possible.
313.5.1 SUPERVISORY RESOLUTION

Members who believe they are experiencing discrimination, harassment or retaliation should be
encouraged to inform the individual that his/her behavior is unwelcome, offensive, unprofessional
or inappropriate. However, if the member feels uncomfortable, threatened or has difficulty
expressing his/her concern, or if this does not resolve the concern, assistance should be sought
from a supervisor or manager who is a rank higher than the alleged transgressor.
313.5.2 FORMAL INVESTIGATION

If the complaint cannot be satisfactorily resolved through the process described above, a formal
investigation will be conducted.
The person assigned to investigate the complaint will have full authority to investigate all aspects
of the complaint. Investigative authority includes access to records and the cooperation of any
members involved. No influence will be used to suppress any complaint and no member will be
subject to retaliation or reprisal for filing a complaint, encouraging others to file a complaint or for
offering testimony or evidence in any investigation.
Formal investigation of the complaint will be confidential to the extent possible and will include,
but not be limited to, details of the specific incident, frequency, dates of occurrences and names
of any witnesses. Witnesses will be advised regarding the prohibition against retaliation, and that
a disciplinary process, up to and including termination, may result if retaliation occurs.
Members who believe they have been discriminated against, harassed or retaliated against
because of their protected status are encouraged to follow the chain of command but may also
file a complaint directly with the Chief of Police, Director of Human Services or the City Manager.
313.5.3 EQUAL OPPORTUNITY EMPLOYMENT COMPLAINTS

No provision of this policy shall be construed to prevent any employee from seeking legal redress
outside the Department. Employees who believe that they have been harassed or discriminated
against are entitled to bring complaints of employment discrimination to federal, state and/or local
agencies responsible for investigating such allegations. Specific time limitations apply to the filing
of such charges. Employees are advised that proceeding with complaints under the provisions of
this policy does not in any way affect those filing requirements.
313.6 NOTIFICATION OF DISPOSITION

The complainant and/or victim will be notified in writing of the disposition of the investigation and
actions taken to remedy the complaint.
Department
313.7 DOCUMENTATION OF COMPLAINTS

All complaints or allegations shall be thoroughly documented on forms and in a manner designated
by the Chief of Police. The outcome of all reports shall be:
• Approved by the Chief of Police, the City Manager or Director of Human Services if
more appropriate.
• Maintained for the period established in the department’s retention schedule.
313.8 TRAINING
All new members shall be provided with a copy of this policy as part of their orientation. The policy
shall be reviewed with each new member. The member shall certify by signing the prescribed form
that he/she has been advised of this policy, is aware of and understands its contents and agrees
to abide by its provisions during his/her term of employment.
All members shall receive annual training on the requirements of this policy and shall certify by
signing the prescribed form that they have reviewed the policy, understand its contents and agree
that they will continue to abide by its provisions.
313.8.1 QUESTIONS REGARDING DISCRIMINATION OR SEXUAL HARASSMENT

Members with questions regarding discrimination or sexual harassment are encouraged to contact
a supervisor, manager, the Chief of Police, Director of Human Services or the City Manager, or
they may contact the Minnesota Department of Human Rights.
Department
Child Abuse
The purpose of this policy is to provide guidelines for the investigation of suspected child abuse.
This policy also addresses when Brooklyn Center Police Department members are required to
notify the county social services agency of suspected child abuse.
314.1.1 DEFINITIONS
Child - Unless otherwise specified by a cited statute, a child is any person under the age of 18
years.
Child abuse - Any offense or attempted offense involving violence or neglect with a child victim
when committed by a person responsible for the child’s care or any other act that would mandate
notification to a social service agency (Minn. Stat. § 626.556; Minn. Stat. § 626.5561).
314.2 POLICY
The Brooklyn Center Police Department will investigate all reported incidents of alleged criminal
child abuse and ensure the county social services agency is notified as required by law.
314.3 MANDATORY NOTIFICATION

Members of the Brooklyn Center Police Department shall notify the county social services agency
when they have reason to believe any of the following may have occurred or when someone
reports any of the following (Minn. Stat. § 626.556):
(a) A child is being neglected or has been neglected within the preceding three years.
(b) A child is being physically abused or has been physically abused within the preceding
three years by a person responsible for the child's care.
(c) A child is being sexually abused, threatened with sexual abuse or has been sexually
abused within the preceding three years by a person responsible for the child's care,
by a person who has a significant relationship to the child or by a person in a position
of authority.
(d) A woman is pregnant and has used a controlled substance for a non-medical purpose
during the pregnancy, including, but not limited to, tetrahydrocannabinol (marijuana),
or has consumed alcoholic beverages during the pregnancy in any way that is habitual
or excessive (Minn. Stat. § 626.5561).
Notification is mandatory for any acts of neglect, physical abuse and sexual abuse that constitute
a crime, whether or not the suspect had any relationship to or responsibility for the child (Minn.
Stat. § 626.556, Subd. 10a).
For purposes of notification, physical abuse includes injuries, mental injuries or injuries that
cannot be reasonably explained (e.g., punching, kicking, burning). Sexual abuse includes criminal
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Department
Child Abuse
sexual conduct and prostitution offenses. Neglect includes failure to supply a child with necessary
clothing, shelter, medical care. See Minn. Stat. § 626.556, Subd. 2 for full definitions of physical
abuse, sexual abuse and neglect.
314.3.1 NOTIFICATION PROCEDURE

Notification should occur as follows (Minn. Stat. § 626.556):
(a) The member tasked with the investigation shall call the county social services agency
and report the alleged abuse as soon as possible but always within 24 hours. The time
of the call and the name of the person should be documented.
(b) Notification, when possible, should include:
1. The child’s current location and whether the child is in immediate danger.
2. A description of when and where the incident occurred and what happened to
the child.
3. A description of the injuries or present condition of the child.
4. The names and addresses of the child, parents, or caregivers.
5. Whether there were any witnesses to the incident and their names.
6. Any additional information about the child, family, or caregivers that may be
helpful.
7. Whether the incident occurred in a licensed facility or a school and what actions
the facility employees may have taken.
8. Whether there are immediate family, relative, or community resources that would
offer protection or support to the child.
(c) Forms that may be required by the county social services agency or other written
notification shall be completed and faxed or delivered to the county social services
agency as soon as possible but always within 72 hours, exclusive of weekends and
holidays.
(d) Approved investigation reports should be forwarded to the county social services
agency as soon as practical.
(e) When the child abuse occurred at a facility or by a person from a facility that requires
a state license or a profession that requires a state license (e.g., foster homes, group
homes, day care, educator), notification shall also be made to the agency responsible
for licensing the facility or person (Minn. Stat. § 626.556).
314.4 QUALIFIED INVESTIGATORS

Qualified investigators should be available for child abuse investigations. These investigators
should:
(a) Coordinate interviews at an appropriate facility with qualified personnel.
(b) Present all cases of alleged child abuse to the prosecutor for review.
Department
Child Abuse
(c) Coordinate with other enforcement agencies, social service agencies, and school
administrators as needed.
(d) Participate in or coordinate with multidisciplinary investigative teams, as applicable.
314.5 INVESTIGATIONS AND REPORTING

In all suspected cases of child abuse, a report will be written. Officers shall write a report even if
the allegations appear unfounded or unsubstantiated.
In all cases of suspected child abuse, neglect, consideration should be given to whether a forensic
interview is needed.
Investigations and reports related to suspected cases of child abuse should address, as
applicable:
(a) The overall basis for the contact. This should be done by the investigating officer in all
circumstances where a suspected child abuse victim was contacted.
(b) The exigent circumstances that existed if officers interviewed the child victim without
the presence of a parent or guardian.
(c) Any relevant statements the child may have made, and to whom he/she made the
statements.
(d) If a child was taken into protective custody, the reasons, the name and title of the
person making the decision, and why other alternatives were not appropriate.
(e) Documentation of any visible injuries or any injuries identified by the child. This should
include photographs of such injuries, if practicable.
(f) Whether the child victim was transported for medical treatment or a medical
examination.
(g) Whether the victim identified a household member as the alleged perpetrator, and a
list of the names of any other children who may reside in the residence.
(h) Identification of any prior related reports or allegations of child abuse, including other
jurisdictions, as reasonably known.
(i) Previous addresses of the victim, and suspect if known.
(j) Other potential witnesses who have not yet been interviewed, such as relatives or
others close to the victim's environment.
All cases of the unexplained death of a child should be investigated as thoroughly as if it had been
a case of suspected child abuse (e.g., a sudden or unexplained death of an infant).
314.6 PROTECTIVE CUSTODY

Before taking any child into protective custody, the officer should make reasonable attempts to
contact the county social services agency (First Response).
Department
Child Abuse
Generally, members of this department should remove a child from his/her parent or guardian
without a court order only when no other effective alternative is reasonably available and
immediate action reasonably appears necessary to protect the child. Prior to taking a child into
protective custody, the officer should take reasonable steps to deliver the child to another qualified
parent or legal guardian, unless it reasonably appears that the release would endanger the child
or result in abduction. If this is not a reasonable option, the officer shall ensure that the child is
delivered to the county social services agency.
Whenever practicable, the officer should inform a supervisor of the circumstances prior to taking
a child into protective custody. If prior notification is not practicable, officers should contact a
supervisor promptly after taking a child into protective custody.
Children may only be removed from a parent or guardian in the following situations (Minn. Stat.
§ 260C.175):
(a) When a court has issued an order for removal.
(b) When a child is found in surroundings or conditions that pose an imminent threat to the
child's health or welfare, or that a peace officer reasonably believes pose an imminent
threat to the child's health or welfare.
(c) If an Indian child is a resident of a reservation or is domiciled on a reservation but
temporarily located off the reservation, taking the child into custody under this clause
shall be consistent with the Indian Child Welfare Act (25 USC § 1922).
314.6.1 NOTICE TO PARENT OR CUSTODIAN

Whenever an officer takes a child into protective custody, the officer shall notify the parent or
custodian that he/she may request that the child be placed with a relative or a designated caregiver
instead of in a shelter care facility. The officer also shall give the parent or custodian a list,
published by the Minnesota Department of Human Services, of names, addresses and telephone
numbers of social services agencies that offer child welfare services. If the parent or custodian
was not present when the child was removed from the residence, the list shall be left with an adult
who is on the premises or left in a conspicuous place on the premises if no adult is present. If the
officer has reason to believe the parent or custodian is not able to read and understand English,
the officer must provide a list that is written in the language of the parent or custodian (Minn. Stat.
§ 260C.175; Minn. Stat. § 260C.181).
The above notifications may be made by the county social services agency representative if he/
she is at the scene.
314.6.2 SAFE PLACE FOR NEWBORNS

A person may leave an unharmed newborn less than seven days old with the staff of a hospital,
urgent care facility or ambulance service without being subject to prosecution (Minn. Stat. §
609.3785). The responsible social service agency is charged with addressing these matters but
may contact law enforcement if child abuse is suspected (Minn. Stat. § 145.902; Minn. Stat. §
609.3785).
Department
Child Abuse
314.7 INTERVIEWS
314.7.1 PRELIMINARY INTERVIEWS

Absent extenuating circumstances or impracticality, officers should record the preliminary
interview with suspected child abuse victims. Officers should avoid multiple interviews with a child
victim and should attempt to gather only the information necessary to begin an investigation. When
practicable, investigating officers should defer interviews until a person who is specially trained
in such interviews is available. Generally, child victims should not be interviewed in the home or
location where the alleged abuse occurred.
314.7.2 DETAINING ABUSE VICTIMS FOR INTERVIEW

An officer should not detain a child involuntarily who is suspected of being a victim of child abuse
solely for the purpose of an interview or physical exam without the consent of a parent or guardian
unless one of the following applies:
(a) Exigent circumstances exist, such as:
1. A reasonable belief that medical issues of the child need to be addressed
immediately.
2. A reasonable belief that the child is or will be in danger of harm if the interview
or physical exam is not immediately completed.
3. The alleged offender is the custodial parent or guardian and there is reason to
believe the child may be in continued danger.
(b) A court order or warrant has been issued.
314.7.3 NOTIFICATION TO PARENTS

Officers should cooperate with parents and guardians and seek consent prior to conducting
interviews of children, and if contact/notification does not jeopardize the investigation. However,
when reasonably necessary, state law grants officers the authority to interview a child who is the
alleged victim of abuse or neglect, and any other children who currently reside or have resided
with the alleged victim, without parental consent (Minn. Stat. § 626.556, Subd. 10).
The interview may take place at school or at any facility or other place where the alleged victim or
other children might be found, or the child may be transported to, and the interview conducted at,
a place that is appropriate for the interview and has been designated by the local welfare agency
or law enforcement agency. The interview may take place outside the presence of the parent,
legal custodian, guardian, or school official (Minn. Stat. § 626.556, Subd. 10).
The officer shall notify the parent, legal custodian, or guardian that the interview occurred as
soon as reasonably practicable after the interview, unless the juvenile court has determined that
reasonable cause exists to withhold the information (Minn. Stat. § 626.556, Subd. 10).
Department
Child Abuse
314.7.4 INTERVIEWS AT SCHOOL

If officers assigned to investigate a report of maltreatment determine that an interview should take
place on school property, written notification of the intent to interview the child on school property
must be received by school officials prior to the interview. The notification shall include the name of
the child to be interviewed, the purpose of the interview and a reference to the statutory authority
to conduct an interview on school property (Minn. Stat. § 626.556, Subd. 10).
The investigating officer shall determine who may attend the interview, although school officials
may set reasonable conditions as to the time, place and manner of the interview (Minn. Stat. §
626.556, Subd. 10).
314.7.5 DOCUMENTING AND RECORDING INTERVIEWS

Any statement made by an alleged child abuse victim during the course of a criminal investigation
shall be documented. The documentation of the interview must contain, at a minimum (Minn. Stat.
§ 626.561):
(a) The date, time, place and duration of the interview.
(b) The identity of the persons present at the interview.
(c) A summary of the information obtained during the interview if it was not audio recorded.
Members should follow the written guidelines of the county attorney's office regarding recording
interviews of a child abuse victim.

If the child has been the victim of abuse that requires a medical examination, the investigating
officer should obtain consent for such examination from the appropriate parent, guardian or agency
having legal custody of the child. The officer should also arrange for the child’s transportation to
the appropriate medical facility.
In cases where the alleged offender is the custodial parent or guardian and is refusing consent
for the medical examination, officers should notify a supervisor before proceeding. If exigent
circumstances do not exist or if state law does not provide for officers to take the child for a
medical examination, the notified supervisor should consider obtaining a court order for such an
examination.
314.9 DRUG-ENDANGERED CHILDREN

A coordinated response by law enforcement and social services agencies is appropriate to
meet the immediate and longer-term medical and safety needs of children exposed to the
manufacturing, trafficking or use of narcotics.

The Investigations Division supervisor should:
(a) Work with professionals from the appropriate agencies, including the county social
services agency, other law enforcement agencies, medical service providers and local
Department
Child Abuse
prosecutors to develop community specific procedures for responding to situations

where there are children endangered by exposure to methamphetamine labs or the
manufacture and trafficking of other drugs.
(b) Activate any available interagency response when an officer notifies the Investigations
Division supervisor that the officer has responded to a drug lab or other narcotics crime
scene where a child is present or where evidence indicates that a child lives there.
(c) Develop a report format or checklist for use when officers respond to drug labs or other
narcotics crime scenes. The checklist will help officers document the environmental,
medical, social and other conditions that may affect the child.
314.9.2 OFFICER RESPONSIBILITIES

Officers responding to a drug lab or other narcotics crime scene where a child is present or where
there is evidence that a child lives should:
(a) Document the environmental, medical, social, and other conditions of the child using
photography as appropriate.
(b) Notify the Investigations Division supervisor so an interagency response can begin.
314.10 STATE MANDATES AND OTHER RELEVANT LAWS

Minnesota requires or permits the following:
314.10.1 RELEASE OF REPORTS

Information related to incidents of child abuse or suspected child abuse shall be confidential and
may only be disclosed pursuant to state law and the Records Maintenance and Release Policy
(Minn. Stat. § 626.556, Subd. 11).
314.10.2 CHILD MORTALITY REVIEW PANELS

Child mortality review panels are entitled to access all investigative information of law enforcement
agencies regarding the death of a child. This department shall cooperate fully with any such team
and investigation (Minn. Stat. § 256.01, Subd. 12).
314.10.3 COORDINATION WITH SOCIAL SERVICES

In every case of child abuse that would require notification to a local county social services
agency, the investigating officer shall coordinate the planning and execution of the investigation
and assessment efforts to avoid a duplication of fact-finding efforts and multiple interviews. The
investigating officer shall prepare a report separate from the social services agency (Minn. Stat.
§ 626.556, Subd. 10).
Members may disclose the status of an individual as a predatory offender to a child protection
worker who is conducting an assessment of child safety, risk of subsequent child maltreatment,
and family strengths and needs under Minn. Stat. § 626.556 (Minn. Stat. § 243.166).
Department
Child Abuse
314.10.4 NOTIFICATION PROCESS

The Patrol Supervisor is responsible for ensuring the mandatory notifications to the county social
service agency are carried out. This should be achieved, in part, by establishing and reviewing
related procedures and through ongoing training (Minn. Stat. § 626.556).

Although not required, this department generally will accept firearms surrendered by a court order
from an abusing party or defendant. A decision to refuse a surrendered firearm should be approved
by a supervisor.
Firearms will normally be surrendered at the Brooklyn Center Police Department; however, when
encountering someone in the field who wishes to surrender a firearm, officers should make
reasonable efforts to accommodate the request.
Surrendered firearms should be collected and submitted to the Property Room in accordance with
the Property and Evidence Policy.
314.11 TRAINING
The Department should provide training on best practices in child abuse investigations to members
tasked with investigating these cases. The training should include:
(a) Participating in multidisciplinary investigations, as appropriate.
(b) Conducting forensic interviews.
(c) Availability of therapy services for children and families.
(d) Availability of specialized forensic medical exams.
(e) Cultural competence (including interpretive services) related to child abuse
investigations.
(f) Availability of victim advocate or guardian ad litem support.
Department
Missing Persons
This policy provides guidance for handling missing person investigations.
315.1.1 DEFINITIONS
Endangered - A person the Department has confirmed is missing and there is sufficient evidence
to indicate that the person is at risk of physical injury or death. Examples include (Minn. Stat. §
299C.52):
(a) The person is missing because of a confirmed abduction or under circumstances that
indicate the person's disappearance was not voluntary.
(b) The person is missing under known dangerous circumstances.
(c) The person is missing more than 30 days.
(d) The person is under the age of 21 and at least one other factor is applicable.
(e) There is evidence that the person is in need of medical attention or prescription
medication such that it will have a serious adverse effect on the person's health if the
person does not receive the needed care or medication.
(f) The person does not have a pattern of running away or disappearing.
(g) The person is mentally impaired.
(h) There is evidence that a non-custodial parent may have abducted the person.
(i) The person has been the subject of past threats or acts of violence.
(j) There is evidence that the person is lost in the wilderness, backcountry or outdoors
where survival is precarious and immediate and effective investigation and search-
and-rescue efforts are critical.
(k) Any other factor the Department deems to indicate the person may be at risk of
physical injury or death, including a determination by another law enforcement agency
that the person is missing and endangered.
(l) There is sufficient evidence that a child is with a person who presents a threat of
immediate physical injury to the child or physical or sexual abuse of the child.
(m) Qualify for a state AMBER Alert™ pursuant to Minn. Stat. § 299A.61, Subd. 1.
Missing person - Any person who is reported missing to law enforcement when that person’s
location is unknown. This includes any person under the age of 18 or who is certified or known
to be mentally incompetent (Minn. Stat. § 299C.52).
Missing person networks - Databases or computer networks that are available to law
enforcement and are suitable for obtaining information related to missing person investigations.
This includes the National Crime Information Center (NCIC), the Minnesota Justice Information
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Department
Missing Persons
Services (MNJIS), the Minnesota Missing and Unidentified Persons Clearinghouse and the
Minnesota Crime Alert Network.
315.2 POLICY
The Brooklyn Center Police Department does not consider any report of a missing person to
be routine and assumes that the missing person is in need of immediate assistance until an
investigation reveals otherwise. The Brooklyn Center Police Department gives missing person
cases priority over property-related cases and does not require a specific amount of time to have
passed before beginning a missing person investigation.
315.3 REQUIRED FORMS AND BIOLOGICAL SAMPLE COLLECTION KITS

The Investigations Division supervisor shall ensure the following forms and kits are developed
and available:
• Missing person report form
• Missing person investigation checklist that provides investigation guidelines and
resources that could be helpful in the early hours of a missing person investigation
• Missing person school notification form
• Medical records release form
• Biological sample collection kits
315.4 ACCEPTANCE OF REPORTS

Any member encountering a person who wishes to report a missing person or runaway shall
render assistance without delay. This can be accomplished by accepting the report via telephone
or in person and initiating the investigation. Those members who do not take such reports or who
are unable to give immediate assistance shall promptly dispatch or alert a member who can take
the report.
A report shall be accepted in all cases and regardless of where the person was last seen, where
the person resides or any question of jurisdiction (Minn. Stat. § 299C.53, Subd.1(a)).
315.5 INITIAL INVESTIGATION

Officers or other members conducting the initial investigation of a missing person should take the
following investigative actions as applicable:
(a) Respond to a dispatched call as soon as practicable. Obtain a detailed description of
the missing person, as well as a description of any related vehicle and/or abductor.
(b) Interview the reporting party and any witnesses to determine whether the person
qualifies as a missing person and, if so, whether the person may be endangered (Minn.
Stat. § 299C.53, Subd. 1(b)). Interviews should be conducted separately, if practicable.
(c) Consult with the Bureau of Criminal Apprehension (BCA) if the person is determined
to be an endangered missing person (Minn. Stat. § 299C.53, Subd. 1(b)).
Department
Missing Persons
(d) Canvass the last known area where the missing person was seen, if known. A search
of the location where the incident took place, if known, should also be conducted and
a search warrant obtained if necessary.
(e) Determine when, where and by whom the missing person was last seen. Interview the
person who last had contact with the missing person.
(f) Notify a supervisor immediately if there is evidence that a missing person is either
endangered or may qualify for a public alert, or both (see the Public Alerts Policy).
(g) Broadcast an “Attempt to Locate” (ATL) or similar alert if the person is under 18 years
of age or there is evidence that the missing person is endangered. The alert should be
broadcast as soon as practicable but in no event more than one hour after determining
the missing person is under 18 years of age or may be endangered.
(h) Relay known details to all on-duty personnel as well as other local or surrounding law
enforcement agencies using local and state databases.
(i) Ensure that entries are made into the appropriate missing person networks:
1. Immediately, when the missing person is
endangered (Minn. Stat. § 299C.53, Subd. 1(b)).
2. In all other cases, as soon as practicable, but not later than two hours from the
time of the initial report.
(j) Complete the appropriate report forms accurately and completely and initiate a search
as applicable under the facts.
(k) Collect and/or review:
1. A photograph and fingerprint card of the missing person, if available (Minn. Stat.
§ 299C.54, Subd. 2).
(a) A voluntarily provided biological sample of the missing person, if available
(e.g., toothbrush, hairbrush).
2. Any documents that may assist in the investigation, such as court orders
regarding custody.
3. Any other evidence that may assist in the investigation, including personal
electronic devices (e.g., cell phones, computers).
(l) When circumstances permit and if appropriate, attempt to determine the missing
person's location through his/her telecommunications carrier.
(m) Contact the appropriate agency if the report relates to a missing person report
previously made to another agency and that agency is actively investigating the report.
When this is not practicable, the information should be documented in an appropriate
report for transmission to the appropriate agency. If the information relates to an
endangered missing person, the member should notify a supervisor and proceed with
reasonable steps to locate the missing person.
(n) Implement multi-jurisdictional coordination/mutual aid plan as appropriate such as
when:
1. The primary agency has limited resources.
Department
Missing Persons
2. The investigation crosses jurisdictional lines.

3. Jurisdictions have pre-established task forces or investigative teams.
315.5.1 CRIME SCENE INVESTIGATION AND MANAGEMENT

If a crime scene is identified, it should be secured and a command post or operation base located
at a reasonable distance from the crime scene. Staff and assign the responsibilities for command
post supervisor, media specialist, search coordinator, investigative coordinator, communication
officer and support unit coordinator. Provide two liaison officers (one at the command post and
one at the crime scene). The role of the liaison at the home will include facilitating support and
advocacy for the family.
The investigation of the scene and the crime should consider various elements, including:
(a) Establishing the ability to “trap and trace” all incoming calls. Consider setting up a
separate telephone line or cellular telephone for department use and follow-up on all
leads.
(b) Compiling a list of known sex offenders in the region.
(c) In cases of infant abduction, investigating claims of home births made in the area.
(d) In cases involving children, obtaining child protective agency records for reports of
child abuse.
(e) Reviewing records for previous incidents related to the missing person and prior law
enforcement activity in the area, including prowlers, indecent exposure, attempted
abductions, etc.
(f) Obtaining the missing person’s medical and dental records, fingerprints and a
biological sample when practicable or within 30 days.
(g) Creating a missing person profile with detailed information obtained from records
and interviews with family and friends, describing the missing person’s heath,
relationships, personality, problems, life experiences, plans, equipment, etc.
(h) Interviewing delivery personnel, employees of gas, water, electric and cable
companies, taxi drivers, post office personnel, sanitation workers, etc.
(i) Determining if outside help is needed and the merits of utilizing local, state and federal
resources related to specialized investigative needs, including:
1. Investigative resources (e.g., search and rescue).
2. Interpretive resources.
3. Telephone services, such as traps, traces and triangulation.
4. Media assistance from local and national sources.
Department
Missing Persons
(j) Using secure electronic communication information, such as the missing person’s
cellular telephone number, e-mail address and information from social networking
sites.
(k) Appointing an officer to communicate with the family/reporting party or their designee.
The officer will be the primary point of contact for the family/reporting party or their
designee, and should provide contact information and the family information packet (if
available) to the family/reporting party or their designee.
(l) Providing general information to the family/reporting party or their designee about the
handling of the missing person case or about any intended efforts, only to the extent
that disclosure would not adversely affect the department’s ability to locate or protect
the missing person or to apprehend or criminally prosecute any person in connection
to the case.
315.6 REPORT PROCEDURES AND ROUTING

Employees should complete all missing person reports and forms promptly and advise the
appropriate supervisor as soon as a missing person report is ready for review.

The supervisor shall review and approve missing person reports upon receipt and ensure
resources are deployed as appropriate, initiating a command post as needed. The reports should
be promptly sent to the Support Services.
The supervisor shall also ensure applicable notifications and public alerts are made and
documented, and that records have been entered into the appropriate missing person networks.
The supervisor should also take reasonable steps to identify and address any jurisdictional issues
to ensure cooperation among agencies. If the case falls within the jurisdiction of another agency,
the supervisor should facilitate transfer of the case to the agency of jurisdiction.
315.6.2 SUPPORT SERVICES RESPONSIBILITIES

The responsibilities of the Support Services receiving member shall include, but are not limited to:
(a) As soon as reasonable under the circumstances, notifying and forwarding a copy of
the report to the agency of jurisdiction for the missing person’s residence in cases
where the missing person is a resident of another jurisdiction.
(b) Notifying and forwarding a copy of the report to the agency of jurisdiction where the
missing person was last seen.
(c) Notifying and forwarding a copy of the report to the agency of jurisdiction for the
missing person’s intended or possible destination, if known.
(d) Forwarding a copy of the report to the Investigations Division.
(e) Coordinating with the NCIC Terminal Contractor for Minnesota to have the missing
person record in the NCIC computer networks updated with additional information
obtained from missing person investigations (34 USC § 41308).
Department
Missing Persons
315.7 INVESTIGATIONS DIVISION FOLLOW-UP

In addition to completing or continuing any actions listed above, the investigator assigned to a
missing person investigation:
(a) Should ensure that the missing person’s school is notified within 10 days if the missing
person is a juvenile.
1. The notice shall be in writing and should also include a photograph.
2. The investigator should meet with school officials as appropriate to stress the
importance of including the notice in the child’s student file, along with the
investigator’s contact information if the school receives a call requesting the
transfer of the missing child’s files to another school.
(b) Should recontact the reporting person and/or other witnesses within 30 days of the
initial report and within 30 days thereafter to determine if any additional information
has become available.
(c) Shall review the case file to determine whether any additional information received
on the missing person indicates that the person is endangered, and shall update
applicable state or federal databases accordingly (Minn. Stat. § 299C.535(b); Minn.
Stat. § 299C.535(c)).
(d) Shall attempt to obtain the following, if not previously obtained, if the person remains
missing after 30 days (Minn. Stat. § 299C.535(a)):
1. Biological samples from family members and, if possible, from the missing
person
2. Dental information and X-rays
3. Additional photographs and video that may aid the investigation or identification
4. Fingerprints
5. Any other specific identifying information
(e) Should consider contacting other agencies involved in the case to determine if any
additional information is available.
(f) Shall verify and update the Minnesota Justice Information Services (MNJIS), the
Minnesota Missing and Unidentified Persons Clearinghouse, NCIC and any other
applicable missing person networks within 30 days of the original entry into the
networks and every 30 days thereafter until the missing person is located (34 USC
§ 41308).
(g) Should continue to make reasonable efforts to locate the missing person and
document these efforts at least every 30 days.
(h) Should consider taking certain actions if a person is missing after a prolonged period,
generally exceeding 45 days. Those actions include:
1. Developing a profile of the possible abductor.
2. Using a truth verification device for parents, spouse and other key individuals.
Department
Missing Persons
3. Reviewing all reports and transcripts of interviews, revisiting the crime scene,
reviewing all photographs and videotapes, reinterviewing key individuals and
reexamining all physical evidence collected.
4. Reviewing all potential witness/suspect information obtained in the initial
investigation and considering background checks on anyone of interest
identified in the investigation.
5. Periodically checking pertinent sources of information about the missing person
for any activity, such as telephone, bank, Internet or credit card activity.
6. Developing a time line and other visual exhibits.
7. Critiquing the results of the ongoing investigation with appropriate investigative
resources.
8. Arranging for periodic media coverage.
9. Considering the use of rewards and crime-stoppers programs.
10. Maintaining contact with the family and/or the reporting party or designee, as
appropriate.
(i) Shall maintain a close liaison with state and local child welfare systems and the
National Center for Missing and Exploited Children (NCMEC) if the missing person
is under the age of 21 and shall promptly notify NCMEC when the person is missing
from a foster care family home or childcare institution (34 USC § 41308).
(j) Should make appropriate inquiry with the Medical Examiner.
(k) Should obtain and forward medical and dental records, photos, X-rays and biological
samples, as applicable.
(l) Shall attempt to obtain the most recent photograph for persons under 18 years of age
if it has not been obtained previously, forward the photograph to BCA (Minn. Stat. §
299C.54) and enter the photograph into applicable missing person networks (34 USC
§ 41308).
(m) Should consider making appropriate entries and searches in the National Missing and
Unidentified Persons System (NamUs).
(n) In the case of an endangered missing person or a person who has been missing for an
extended time, should consult with a supervisor regarding seeking federal assistance
from the FBI and the U.S. Marshals Service (28 USC § 566).
315.8 WHEN A MISSING PERSON IS FOUND

When any person reported missing is found, the assigned investigator shall document the location
of the missing person in the appropriate report, notify the reporting party and other involved
agencies and refer the case for additional investigation if warranted.
The Support Services Supervisor shall ensure that, upon receipt of information that a missing
person has been located, the following occurs:
(a) Notification is made to BCA.
Department
Missing Persons
(b) A missing child’s school is notified.

(c) Entries are made in the applicable missing person networks (Minn. Stat. § 299C.53,
Subd. 2).
(d) When a child is endangered, the fact that the child has been found shall be reported
within 24 hours to BCA.
(e) Notification shall be made to any other law enforcement agency that took the initial
report or participated in the investigation.
315.8.1 PERSONS FOUND ALIVE

Additional responsibilities related to missing persons who are found alive include:
(a) Verification that the located person is the reported missing person.
(b) If appropriate, arranging for a comprehensive physical examination of the victim.
(c) Conducting a careful interview of the person, documenting the results of the interview
and involving all appropriate agencies.
(d) Notifying the family/reporting party that the missing person has been located. In adult
cases, if the located adult permits the disclosure of his/her whereabouts and contact
information, the family/reporting party may be given this information.
(e) Depending on the circumstances of the disappearance, considering the need for
reunification assistance, intervention, counseling or other services for either the
missing person or family/reporting party.
(f) Performing a constructive post-case critique. Reassessing the procedures used and
updating the Department policy and procedures as appropriate.
315.8.2 UNIDENTIFIED PERSONS

Department members investigating a case of an unidentified person who is deceased or a living
person who cannot assist in identifying him/herself should:
(a) Obtain a complete description of the person.
(b) Enter the unidentified person’s description into the NCIC Unidentified Person File.
(c) Use available resources, such as those related to missing persons, to identify the
person.
315.8.3 DECEASED PERSONS

If a deceased person has been identified as a missing person, the Investigations Division shall
attempt to locate family members and inform them of the death and the location of the deceased
missing person’s remains. All efforts to locate and notify family members shall be recorded in
appropriate reports and properly retained (Minn. Stat. § 390.25, Subd. 2).
Additional investigation responsibilities include the following:
(a) Secure the crime scene if this department has jurisdiction.
Department
Missing Persons
(b) Contact the coroner, medical examiner or forensic anthropologist to arrange for body
recovery and examination.
(c) Collect and preserve any evidence at the scene.
(d) Depending on the circumstances, consider the need for intervention, counseling or
other services for the family/reporting party.
(e) Cancel alerts and remove the case from NCIC and other information systems; remove
posters and other publications from circulation.
(f) Perform a constructive post-case critique. Reassess the procedures used and update
the department policy and procedures as appropriate.
315.9 CASE CLOSURE

The Investigations Division supervisor may authorize the closure of a missing person case after
considering the following:
(a) Closure is appropriate when the missing person is confirmed returned or evidence
matches an unidentified person or body.
(b) If the missing person is a resident of Brooklyn Center or this department is the lead
agency, the case should be kept under active investigation for as long as the person
may still be alive. Exhaustion of leads in the investigation should not be a reason for
closing a case.
(c) If this department is not the lead agency, the case can be made inactive if all
investigative leads have been exhausted, the lead agency has been notified and
entries are made in the applicable missing person networks, as appropriate.
(d) A missing person case should not be closed or reclassified because the person would
have reached a certain age or adulthood or because the person is now the subject
of a criminal or civil warrant.
315.10 TRAINING
Subject to available resources, the Training Sergeant should ensure that members of this
department whose duties include missing person investigations and reports receive training that
includes:
(a) The initial investigation:
1. Assessments and interviews
2. Use of current resources, such as Mobile Audio Video (MAV)
3. Confirming missing status and custody status of minors
4. Evaluating the need for a heightened response
5. Identifying the zone of safety based on chronological age and developmental
stage
(b) Briefing of department members at the scene.
Department
Missing Persons
(c) Identifying NCIC Missing Person File categories (e.g., disability, endangered,
involuntary, juvenile and catastrophe).
(d) Verifying the accuracy of all descriptive information.
(e) Initiating a neighborhood investigation.
(f) Investigating any relevant recent family dynamics.
(g) Addressing conflicting information.
(h) Key investigative and coordination steps.
(i) Managing a missing person case.
(j) Additional resources and specialized services.
(k) Update procedures for case information and descriptions.
(l) Preserving scenes.
(m) Internet and technology issues (e.g., Internet use, cell phone use).
(n) Media relations.
Department
Public Alerts
The purpose of this policy is to provide guidelines for alerting the public to important information
and soliciting public aid when appropriate.
316.2 POLICY
Public alerts may be employed using the Emergency Alert System (EAS), local radio, television
and press organizations and other groups to notify the public of incidents, or enlist the aid of the
public, when the exchange of information may enhance the safety of the community. Various types
of alerts may be available based upon each situation and the alert system’s individual criteria.
316.3.1 EMPLOYEE RESPONSIBILITIES

Employees of the Brooklyn Center Police Department should notify their supervisor, Shift Sergeant
or Investigations Division Supervisor as soon as practicable upon learning of a situation where
public notification, a warning or enlisting the help of the media and public could assist in locating
a missing person, apprehending a dangerous person or gathering information.

A supervisor apprised of the need for a public alert is responsible to make the appropriate
notifications based upon the circumstances of each situation. The supervisor shall promptly notify
the Chief of Police, the appropriate Division Commander and the Public Information Officer when
any public alert is generated.
The supervisor in charge of the investigation to which the alert relates is responsible for the
following:
(a) Updating alerts
(b) Canceling alerts
(c) Ensuring all appropriate reports are completed
(d) Preparing an after-action evaluation of the investigation to be forwarded to the Division
Commander
316.4 AMBER ALERTS

America’s Missing: Broadcast Emergency Response (AMBER) Alert™ is the recruitment of public
assistance to locate an abducted child via a widespread media alert. Utilizing the assistance
of local radio, television and press affiliates, the public will be notified of the circumstances of
a child’s abduction and how it can assist law enforcement in the child’s recovery. The goal of
the AMBER Alert program is the safe return of an abducted child by establishing an effective
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Department
Public Alerts
partnership between the community, the media and law enforcement through the Minnesota Crime
Alert Network (Minn. Stat. § 299A.61 Subd. 1).
316.4.1 CRITERIA
Any non-familial case in which an individual is abducted and the public can assist will trigger the
activation of either the AMBER Alert and/or the Minnesota Crime Alert Network (MCAN) to inform
the public and request its assistance in locating the individual.
The criteria for issuance of an Amber Alert are as follows:
(a) A child 17 years of age or younger was abducted and there is reason to believe the
victim is in imminent danger of serious bodily injury or death.
(b) There is information available to disseminate to the general public that could assist
with the safe recovery of the victim and/or the apprehension of the suspect.
An AMBER Alert should not be requested if there is no information to distribute.
316.4.2 PROCEDURE
The supervisor shall review the AMBER Alert checklist provided by the Bureau of Criminal
Apprehension (BCA) to determine whether the abduction meets the AMBER Alert criteria.
As soon as possible, Support Services personnel shall enter the child’s name and other critical
data into the National Crime Information Center (NCIC), with appropriate flags.
If the AMBER Alert criteria is met, the supervisor, Shift Sergeant or Investigations Division
supervisor will notify the Operations Center at the BCA. The BCA will determine whether an
AMBER Alert will be issued and, if so, will activate the Minnesota Emergency Alert System (EAS)
through the Minnesota Department of Public Safety (DPS) Division of Homeland Security and
Emergency Management (HSEM).
BCA will manage press notifications through the EAS.
As additional information becomes available, the BCA shall be apprised and they will disseminate
the information, as appropriate.
When the child is found, or the alert should be cancelled for other reasons, the Investigations
Division supervisor shall immediately notify BCA with the pertinent information.
316.5 MINNESOTA CRIME ALERT NETWORK

MCAN is a statewide communications network that enables law enforcement agencies to quickly
alert the public (Minn. Stat. § 299A.61). In cases where the AMBER Alert criteria are not met,
MCAN can be activated to notify the public and request information on the case. Law enforcement
agencies, businesses, schools and community members participate in the network.
Department
Public Alerts
316.5.1 CRITERIA
MCAN is available for disseminating information regarding the commission of crimes, including
information on missing and endangered children or vulnerable adults, or attempts to reduce theft
and other crime.
316.5.2 PROCEDURE
If a supervisor determines that a MCAN alert should be requested, the supervisor should contact
the BCA Operations Center and provide the requested information using the following contact
numbers:
• (651) 649-5451
• (800) 832-6446
316.6 PUBLIC MEETING CHECKLIST

In an effort to make sure all of the department’s public speaking events are as successful as
possible, a checklist of essential items must be completed. This list can be expanded on, but
serves as the minimum. The person requesting the meeting is also responsible for assigning or
completing each item on the checklist.
A public meeting is any meeting held with an open invitation to the public no matter how large
or small.
Checklist:
1) Complete topic of discussion and agenda.
2) Staff to reserve site and ensure all presentation material/equipment needed is available.
3) Confirmation of schedules for those speaking.
4) Set and confirm meeting date and time.
5) Create flyer or invitation.
a. Chief or designate to approve flyer/invitation.
6) Send information to the City Clerk or designate for posting on the city’s public calendar.
Final information packets should be sent to the City Clerk at least a week before the scheduled
meeting time, if at all possible.
316.7 BLUE ALERTS

Blue Alerts are used to provide a statewide system for the rapid dissemination of information
regarding a violent criminal who has seriously injured or killed a local, state or federal law
enforcement officer.
Department
Public Alerts
316.7.1 CRITERIA
The following criteria should be utilized to determine if a request to activate a Blue Alert will be
made:
(a) A law enforcement officer has been killed, seriously injured or is missing while in the
line of duty under circumstances evidencing concern for the officer’s safety.
(b) The investigating law enforcement agency has determined that:
1. The suspect poses a serious risk to the public or other law enforcement
personnel.
2. Dissemination of available information to the public may help avert further harm
or assist in the apprehension of the suspect.
(c) A description of the offender, the offender’s vehicle (including license plate or partial
license plate) is available for broadcast.
316.7.2 PROCEDURE
The on-duty supervisor should ensure that contact is made with the Minnesota Bureau of
Criminal Apprehension (BCA) to request activation of a Blue Alert. The on-duty supervisor should
also ensure that any changes to information (e.g., vehicle information, broadcast area) are
communicated to BCA in a timely manner.
Department
Victim and Witness Assistance

The purpose of this policy is to ensure that crime victims and witnesses receive appropriate
assistance, that they are provided with information from government and private resources, and
that the agency meets all related legal mandates.
317.2 POLICY
The Brooklyn Center Police Department is committed to providing guidance and assistance to
the victims and witnesses of crime. The employees of the Brooklyn Center Police Department will
show compassion and understanding for victims and witnesses and will make reasonable efforts
to provide the support and information identified in this policy.
317.3 CRIME VICTIM LIAISON

The Chief of Police may appoint a member of the Department to serve as the crime victim
liaison. The crime victim liaison will be the point of contact for individuals requiring further
assistance or information from the Brooklyn Center Police Department regarding benefits from
crime victim resources. This person shall also be responsible for maintaining compliance with all
legal mandates related to crime victims and/or witnesses.
317.3.1 SPECIFIC VICTIM LIAISON DUTIES

The crime victim liaison shall assist the Minnesota Crime Victims Reparations Board in performing
its duties and ensure that the Support Services forwards copies of requested reports to the
board or other authorized organizations within 10 days of receipt, in compliance with the Records
Maintenance and Release Policy. These reports include those maintained as confidential or not
open to inspection under Minn. Stat. § 260B.171 or Minn. Stat. § 260C.171 (Minn. Stat. § 611A.66).
The crime victim liaison will also (Minn. Stat. § 611A.27):
(a) Serve for a sexual assault victim or his/her written designee as the liaison between
the Brooklyn Center Police Department and a forensic laboratory.
(b) Facilitate requests for information made by a sexual assault victim or written designee.
(c) Provide an appropriate response to a victim’s request for investigative data within 30
days.
(d) Develop a procedure allowing a sexual assault victim to request that their sexual
assault examination kit be submitted to a forensic laboratory if the victim had not
previously authorized such submission.
317.4 CRIME VICTIMS

Officers should provide all victims with the applicable victim information handouts.
Officers should never guarantee a victim’s safety from future harm but may make practical safety
suggestions to victims who express fear of future harm or retaliation. Officers should never
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Department
guarantee that a person qualifies as a victim for the purpose of compensation or restitution but
may direct him/her to the proper written department material or available victim resources.
317.5 VICTIM INFORMATION

The Administration Supervisor shall ensure that victim information handouts are available and
current. These should include as appropriate:
(a) Shelters and other community resources for victims, including domestic violence and
sexual assault victims.
(b) Assurance that sexual assault victims will not incur out-of-pocket expenses for forensic
medical exams, and information about evidence collection, storage, and preservation
in sexual assault cases (34 USC § 10449; 34 USC § 20109).
(c) An advisement that a person who was arrested may be released on bond or some
other form of release and that the victim should not rely upon an arrest as a guarantee
of safety.
(d) A clear explanation of relevant court orders and how they can be obtained.
(e) Information regarding available compensation for qualifying victims of crime.
(f) VINE® information (Victim Information and Notification Everyday), including the
telephone number and whether this free service is available to allow victims to check
on an offender’s custody status and to register for automatic notification when a person
is released from jail.
(g) Notice regarding U Visa and T Visa application processes.
(h) Resources available for victims of identity theft.
(i) A place for the officer’s name, badge number, and any applicable case or incident
number.
(j) Notices and information regarding the rights of crime victims, domestic abuse victims,
and offender release as detailed in the following:
1. Safe at Home address confidentiality program (Minn. Stat. § 5B.03)
2. Offender release notification (Minn. Stat. § 244.052; Minn. Stat. § 244.053; Minn.
Stat. § 611A.06; Minn. Stat. § 629.73)
3. Tenancy issues (Minn. Stat. § 504B.205; Minn. Stat. § 504B.206)
4. Victim and specific domestic violence victim information/Minnesota CHOICE
(Minn. Stat. § 611A.02 et seq.; Minn. Stat. § 629.341; Minn. Stat. § 629.72)
(k) A notice that a decision to arrest is the officer’s and the decision to prosecute lies with
the prosecutor, even when a victim requests no arrest or prosecution.
(l) Contact information for the Office of Justice Programs and the Emergency Fund and
Crime Victims Reparations .
Department
317.6 WITNESSES
Officers should never guarantee a witness’ safety from future harm or that his/her identity will
always remain confidential. Officers may make practical safety suggestions to witnesses who
express fear of future harm or retaliation.
Officers should investigate allegations of witness intimidation and take enforcement action when
lawful and reasonable.
Department
Hate or Prejudice Crimes

The Brooklyn Center Police Department recognizes and places a high priority on the rights of all
individuals guaranteed under the constitution and the laws of this state. When such rights are
infringed upon by violence, threats or other harassment, this department will utilize all available
resources to see that justice is served under the law. This policy has been developed to meet
or exceed the provisions of the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention
Act, and provides members of this department with guidelines for identifying and investigating
incidents and crimes that may be motivated by hatred or other bias.
318.1.1 FEDERAL JURISDICTION

The federal government also has the power to investigate and prosecute bias-motivated violence
by providing the U.S. Department of Justice with jurisdiction over crimes of violence where the
perpetrator has selected the victim because of the person's actual or perceived race, color,
religion, national origin, gender, sexual orientation, gender identity or disability (18 USC § 245).
318.2 DEFINITIONS
Hate or Prejudice Crime - Conduct that would constitute a crime and was committed because
of the victim’s or another’s actual or perceived race, color, religion, national origin, gender, sexual
orientation, gender identity or disability (see generally Minn. Stat. § 611A.79, Subd. 1).
318.3 PREVENTING AND PREPARING FOR LIKELY HATE OR PREJUDICE CRIMES

While it is recognized that not all crime can be prevented, this department is committed to taking
a proactive approach to preventing and preparing for likely hate or prejudice crimes by among
other things:
(a) Officers should make an affirmative effort to establish contact with persons and groups
within the community who are likely targets of hate crimes to form and cooperate with
prevention and response networks.
(b) Providing victim assistance and follow-up as outlined below, including community
follow-up.
(c) Educating community and civic groups relating to hate crime laws.
318.4 PROCEDURE FOR INVESTIGATING HATE OR PREJUDICE CRIMES

Whenever any member of this department receives a report of a suspected hate or prejudice
crime or other activity that reasonably appears to involve a potential hate or prejudice crime, the
following should occur:
(a) Officers will be promptly assigned to contact the victim, witness or reporting party to
investigate the matter further as circumstances may dictate.
(b) A supervisor should be notified of the circumstances as soon as practicable.
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Department
(c) Once “in progress” aspects of any such situation have been stabilized (e.g., treatment
of victims or apprehension of present suspects), the assigned officers will take all
reasonable steps to preserve available evidence that may tend to establish that a hate
or prejudice crime was involved.
(d) The assigned officers will interview available witnesses, victims and others to
determine what circumstances, if any, indicate that the situation may involve a hate
or prejudice crime.
(e) Depending on the situation, the assigned officers or supervisor may request additional
assistance from investigators or other resources to further the investigation.
(f) The assigned officers will include all available evidence indicating the likelihood of
a hate or prejudice crime in the relevant report(s). All related reports will be clearly
marked as “Hate or Prejudice Crimes” and, absent prior approval of a supervisor, will
be completed and submitted by the assigned officers before the end of the shift.
(g) The assigned officers will provide the victim(s) of any suspected hate or prejudice
crime with the brochure on hate and prejudice crimes authorized by the Department.
Such brochures will also be available to members of the public upon request. The
assigned officers should also make reasonable efforts to assist the victim(s) by
providing available information on local assistance programs and organizations as
required by the Victim Assistance Policy.
(h) The assigned officers and supervisor should take reasonable steps to ensure that any
such situation does not escalate further and provide information to the victim regarding
legal aid, e.g., a possible Temporary Restraining Order through the courts, prosecuting
attorney or City Attorney.
318.5 INVESTIGATIONS DIVISION RESPONSIBILITIES

If a case is assigned to the Investigations Division, the assigned investigator will be responsible
for following up on the reported hate or prejudice crime as follows:
(a) Coordinating further investigation with the prosecuting attorney and other appropriate
law enforcement agencies, as appropriate.
(b) Maintaining contact with the victim(s) and other involved individuals as needed.
(c) Statistical data and tracking of suspected hate or prejudice crimes as indicated or
required by state law is the responsibility of the support services manager.
318.5.1 STATE HATE CRIME REPORTING

This department shall report hate or prejudice crime offenses in the form and manner and at
regular intervals as prescribed by rules adopted by the Department of Public Safety. This shall be
conducted by the Support Services Supervisor or assigned to the Investigations Division (Minn.
Stat. § 626.5531, Subd. 2).
Department
Reports are required to include (Minn. Stat. 626.5531, Subd. 1):

(a) The date of the offense.
(b) The location of the offense.
(c) Whether the target of the incident was a person, private property or public property.
(d) The crime committed.
(e) The type of bias and information about the offender and the victim that is relevant to
that bias.
(f) Any organized group involved in the incident.
(g) The disposition of the case.
(h) Whether the determination that the offense was motivated by bias was based on the
officer's reasonable belief or on the victim's allegation.
(i) Any additional information the superintendent deems necessary for the acquisition of
accurate and relevant data.
318.5.2 FEDERAL HATE CRIME REPORTING

The support services manager should include hate crime data reporting within the National
Incident-Based Reporting System (NIBRS), Uniform Crime Report (UCR), and Summary
Reporting System (SRS) reports, pursuant to Support Services procedures and in compliance
with (28 USC § 534 (a)).
318.6 TRAINING
All members of this department will receive training on hate and prejudice crime recognition and
investigation and will attend periodic training that incorporates a hate and prejudice crime training
component (Minn. Stat. § 626.8451, Subd. 1 and Subd. 4).
Department
Conduct
This policy establishes standards of conduct that are consistent with the values and mission
of the Brooklyn Center Police Department and are expected of all department members. The
standards contained in this policy are not intended to be an exhaustive list of requirements and
prohibitions but they do identify many of the important matters concerning conduct. In addition to
the provisions of this policy, members are subject to all other provisions contained in this manual,
as well as any additional guidance on conduct that may be disseminated by this department or
a member’s supervisors.
319.2 CONDUCT POLICY

The continued employment of every employee of this department shall be based on conduct
that reasonably conforms to the guidelines set forth herein. Failure of any employee to meet the
guidelines set forth in this policy, whether on duty or off duty, may be cause for disciplinary action
(see generally Minn. R. Ch. 6700.2000 to Minn. R. Ch. 6700.2600).
An employee's off-duty conduct shall be governed by this policy to the extent that it is related
to acts that may materially affect or arise from the employee's ability to perform official duties,
that it may be indicative of unfitness for his/her position, or that brings discredit or harm to the
professional image or reputation of the Department, its members, the City, or the law enforcement
profession.
Any disciplinary actions against officers arising from violations of this policy shall be investigated
in accordance with Personnel Complaint and Misconduct Procedure Policy and the Peace Officer
Discipline Procedures Act (Minn. Stat. § 626.89).
319.2.1 LAWFUL ORDERS

Employees shall comply with lawful directives and orders from any supervisor or person in position
of authority, absent a reasonable and bona fide excuse.
An employee who believes any written or verbal order to be in conflict with another order or
unlawful shall:
(a) Immediately inform the supervisor issuing the order, the employee's immediate
supervisor, or the duty command officer (DCO) of the conflict or error of the order.
(b) Provide details explaining the grounds for the belief of the conflict or error of the order.
(c) Request clarification, guidance, and direction regarding following the order.
(d) Request the order in writing, should the conflict or error be unresolved.
(e) Respectfully inform the supervisor if he/she intends to disobey what he/she reasonably
believes to be an unlawful order.
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Department
Conduct
An employee's election to disobey an order he/she believes to be unlawful is not a bar to discipline,
should the order be determined as lawful.
319.3 CONDUCT THAT MAY RESULT IN DISCIPLINE

The following causes for disciplinary action constitute a portion of the disciplinary standards of
this department. This list is not intended to cover every possible type of misconduct, and does not
preclude the recommendation of disciplinary action for specific action or inaction that is detrimental
to efficient department service.
Employees shall conduct themselves, whether on duty or off duty, in accordance with the
Constitution of the United States, the Minnesota Constitution, and all applicable laws, ordinances,
and rules enacted or established pursuant to legal authority.
Any of the following actions may be deemed sufficient cause for the discipline, discharge,
suspension, demotion, or removal of any employee:
(a) Failure to abide by the standards of ethical conduct for employees, including fraud in
securing appointment or hire.
(b) Activity that is incompatible with an employee's conditions of employment established
by law, or that violates a provision of any agreement or contract.
(c) Violation of any rule, order, requirement, or the failure to follow instructions contained
in Department or City manuals.
(d) Willful disobedience to any legal order properly issued by any superior officer of the
Department.
(e) Willful neglect of duty, including failure or refusal to perform a known mandatory, non-
discretionary, ministerial duty of the office, or employment within the time or in the
manner required by law to perform (Minn. Stat. § 609.43 (1)).
(f) Making public any active investigation or other data classified as not public of the
Department to any unauthorized person.
(g) Unreasonable and unwarranted violence to a person encountered or person under
arrest.
(h) Under pretense or color of official authority intentionally and unlawfully injures another
in the other's person, property, or rights (Minn. Stat. § 609.43 (3)).
(i) Use of any unreasonable obscene, profane, or derogatory language while on duty or
in uniform.
(j) Unauthorized attendance while on duty at official legislative or political sessions or
functions.
(k) Willful and inexcusable destruction or loss of Department property.

Department
Conduct
(l) Violations of federal, state, local, or administrative laws that are willful or inexcusable
or involve moral turpitude, including violations of Minn. R. Ch. 6700.1600.
(m) Commits any act in an official capacity knowing it is excess of authority or forbidden
by law (Minn. Stat. § 609.43 (2))
(n) Any on-duty or off-duty conduct that any employee knows or reasonably should
know is unbecoming of a member of the Department or that is contrary to good
order, efficiency or morale, disgraceful, or that tends to reflect unfavorably upon the
Department or its members.
319.3.1 ATTENDANCE
(a) Leaving the job to which assigned during duty hours without reasonable excuse and
proper permission and approval.
(b) Tardiness on scheduled day(s) of work.
(c) Failure to report to work or to place of assignment at time specified, and fully prepared
to perform duties without reasonable excuse.
(d) Failure to notify the Department within 24 hours of any change in residence address,
home phone number, or emergency contact information.
(e) Unauthorized absence from duty or abuse of leave privileges.
319.3.2 GENERAL CONDUCT

(a) Any failure or refusal of an employee to properly perform the function and duties of
an assigned position.
(b) Unauthorized or unlawful fighting, threatening, or attempting to inflict unlawful bodily
injury on another.
(c) Initiating any civil action for recovery of any damages or injuries incurred in the course
and scope of employment without first notifying the Chief of Police of such action.
(d) Solicitations, speeches, or distribution of campaign literature for or against any political
candidate or position while on duty, on Department or City property or while in any
way representing himself/herself as a member of this department, except as expressly
authorized by the Chief of Police.
(e) Engaging in political activities during assigned working hours, except as expressly
authorized by the Chief of Police.
(f) Failure to maintain required and current licenses (e.g. driver's license, POST license)
and certifications (e.g. first aid).
(g) Establishing an inappropriate social relationship with a known victim, witness, suspect,
or defendant of a case while such case is being investigated or prosecuted as a result
of such investigation.

Department
Conduct
(h) Using Department resources in association with any portion of an independent civil
action. These resources include, but are not limited to, personnel, vehicles, equipment,
and non-subpoenaed records.
(i) Engaging in horseplay resulting in injury or property damage, or the reasonable
possibility thereof.
(j) Unauthorized possession of, loss of, or damage to Department property or the property
of others, or endangering it through unreasonable carelessness or maliciousness.
(k) Failure of any employee to promptly and fully report activities on his/her part or the
part of any other employee where such activities may result in criminal prosecution
or discipline.
(l) Failure of any employee to promptly and fully report activities that have resulted in
official contact by any other law enforcement agency resulting in citation for a moving
violation, arrest, or potential prosecution for a criminal offense.
(m) Using or disclosing one's status as an employee with the Department in any way that
could reasonably be perceived as an attempt to gain influence or authority for non-
Department business or activity.
(n) The use of any not public data obtained or accessed as a result of employment with
the Department for personal or financial gain, or without the express authorization of
the Chief of Police or a designee may result in discipline.
(o) Seeking restraining orders against individuals encountered in the line of duty without
the express permission of the Chief of Police.
(p) Unwelcome solicitation of a personal or sexual relationship while on duty or through
the use of one's official capacity.
(q) Engaging in on-duty sexual activity including, but not limited to, sexual intercourse,
excessive displays of public affection, or other sexual contact.
319.3.3 DISCRIMINATION, OPPRESSION, HARASSMENT OR FAVORITISM

(a) Discriminate against, oppress, or provide favoritism to any person because of age,
race, color, creed, religion, sex, sexual orientation, national origin, ancestry, marital
status, physical or mental disability, or medical condition, or intentionally deny or
impede another in the exercise or enjoyment of any right, privilege, power, or immunity,
knowing the conduct is unlawful.
(b) Discourteous, disrespectful, or discriminatory treatment toward any member of the
public or any member of this department.
(c) Intentionally subjecting another to sexual harassment.
(d) Racial profiling (Minn. Stat. § 626.8471 Subd. 2).

Department
Conduct
319.3.4 INTOXICANTS
(a) Reporting for work or being at work following the use of intoxicants where such use
may impair the employee's ability to perform assigned duties, or where there is an
immediate suspicion of ineffectiveness during public contact resulting from the use of
intoxicants.
(b) Unauthorized possession or use of, or attempting to bring intoxicants to the work site,
except as authorized in the performance of an official assignment. An employee who
is authorized to consume intoxicants is not permitted to do so to such a degree that
it may impair on-duty performance.
(c) Reporting for work or being at work following the use of a "controlled substance" or
any drug (whether legally prescribed or otherwise) where such use may impair the
employee's ability to perform assigned duties without prior notification of a supervisor.
(d) Unauthorized possession, use of, or attempting to bring a controlled substance or
other illegal drug to any work site.
319.3.5 PERFORMANCE
(a) Sleeping during on-duty time or assignments without permission.
(b) Careless workmanship of an unacceptable nature as applicable to the nature of the
work assigned.
(c) Unsatisfactory work performance, including, but not limited to, failure, incompetence,
inefficiency, or delay in performing and/or carrying out proper orders, work
assignments, or instructions of supervisors without a reasonable and bona fide
excuse.
(d) Concealing, attempting to conceal, removing, or destroying defective or incompetent
work.
(e) Disobedience or insubordination to constituted authorities, including refusal or
deliberate failure to carry out or follow lawful directives and orders from any supervisor
or person in a position of authority.
(f) The wrongful or unlawful exercise of authority on the part of any employee for malicious
purpose, personal gain, willful deceit, or any other improper purpose.
(g) Disparaging remarks or conduct concerning duly constituted authority to the extent
that such conduct disrupts the efficiency of the Department or subverts the good order,
efficiency, and discipline of the Department or that would tend to discredit any member
thereof.
(h) The falsification of any work-related records, the making of misleading entries
or statements with the intent to deceive or the willful and unauthorized removal,

Department
Conduct
alteration, destruction, and/or mutilation of any Department record, public record,

book, paper document (Minn. Stat. § 609.43 (4)).
(i) Wrongfully loaning, selling, allowing unauthorized use, giving away, or appropriating
any Department badge, uniform, identification card, or property for personal use,
personal gain, or any other improper or unauthorized use or purpose.
(j) Carrying, while on the premises of the workplace, any firearm or other deadly weapon
that is not required for the performance of the employee's current job duties or
authorized by his/her appointing authority.
(k) The receipt or acceptance of a reward, fee, or gift from any person for service incident
to the performance of the employee's duties (lawful subpoena fees and authorized
work permits are allowed).
(l) Any knowing or negligent violation of the provisions of the Department manual,
operating procedures, or other written directive of an authorized supervisor. The
Department shall make this manual available to all employees. Employees shall
familiarize themselves with and be responsible for compliance with this manual and
each of the policies contained herein.
(m) Work-related dishonesty, failure to disclose, being untruthful or knowingly making
false, misleading, or malicious statements that are reasonably calculated to harm or
destroy the reputation, authority, or official standing of the Department or members
thereof, misrepresenting material facts, including upon or within any application,
examination form or other official document, report or form, or during the course of any
investigation, including failure to participate in any Department-related investigation
or business.
(n) Violating a law related to employment or any misdemeanor or felony statute;
involvement in any criminal, dishonest, infamous, or disgraceful conduct adversely
affecting the employee/employer relationship, whether on duty or off duty, including
associating with, or joining a criminal gang, organized crime and/or criminal syndicate,
security threat group or persons who engage in serious violations of state or federal
laws when an employee knew or reasonably should have known of the criminal nature
of the organization, except as specifically directed and authorized by the Department.
(o) Attempted or actual theft of Department property, misappropriation or misuse of public
funds, property, personnel or services or the property of others, or the unauthorized
removal or possession of Department property, or the property of another person.
(p) Failure to take reasonable action while on duty and when required by law, statute,
resolution, or approved Department practices or procedures.
(q) Offer or acceptance of a bribe or gratuity.
(r) Exceeding lawful peace officer powers by unreasonable, unlawful or excessive
conduct.

Department
Conduct
(s) Unlawful gambling or unlawful betting at any time or any place. Legal gambling or
betting under any of the following conditions:
1. While on Department premises
2. At any work site
3. While on duty or while in uniform
4. While using any Department equipment or system
Gambling activity undertaken as part of an officer's official duties and with the express knowledge
and permission of a direct supervisor is exempt from this prohibition.
319.3.6 SAFETY
(a) Failure to observe posted rules, signs, and written or oral safety instructions while
on duty and/or within Department facilities, or to use required protective clothing or
equipment.
(b) Knowingly failing to report any on-the-job or work-related accident or injury within 24
hours.
(c) Substantiated employee record of unsafe or improper driving habits or actions in the
course of employment.
(d) Failure to maintain physical condition sufficient to adequately and safely perform law
enforcement duties.
(e) Any personal action contributing to involvement in a preventable traffic collision, or
other unsafe or improper driving habits, or actions in the course of employment.
(f) Violating Department safety standards or safe working practices.
319.3.7 SECURITY
(a) Unauthorized, intentional release of designated confidential, private, non-public, or
protected non-public data.

If an employee's conduct is a cause of action for discipline, the supervisor shall inform the
employee promptly and specifically of the improper conduct.
Supervisors and managers are required to follow all policies and procedures, and may be subject
to discipline for:
(a) Failure to take appropriate action to ensure that employees adhere to the policies and
procedures of this department, and that the actions of all personnel comply with all
laws.

Department
Conduct
(b) Failure of a supervisor to report in a timely manner any known misconduct of

an employee to his/her immediate supervisor, or to document such misconduct
appropriately or as required by policy.
(c) The unequal or disparate exercise of authority on the part of a supervisor toward any
employee for malicious or other improper purpose.

Department
Department Technology Use

The purpose of this policy is to provide guidelines for the proper use of department information
technology resources, including computers, electronic devices, hardware, software and systems.
320.1.1 DEFINITIONS
Computer system - All computers (on-site and portable), electronic devices, hardware, software,
and resources owned, leased, rented or licensed by the Brooklyn Center Police Department that
are provided for official use by its members. This includes all access to, and use of, Internet Service
Providers (ISP) or other service providers provided by or through the Department or department
funding.
Hardware - Includes, but is not limited to, computers, computer terminals, network equipment,
electronic devices, telephones, including cellular and satellite, pagers, modems or any other
tangible computer device generally understood to comprise hardware.
Software - Includes, but is not limited to, all computer programs, systems and applications,
including shareware. This does not include files created by the individual user.
Temporary file, permanent file or file - Any electronic document, information or data residing
or located, in whole or in part, on the system including, but not limited to, spreadsheets, calendar
entries, appointments, tasks, notes, letters, reports, messages, photographs or videos.
320.2 INTERNET USE

Access to Department technology resources including Internet access provided by, or through, the
Department shall be strictly limited to Department-related business activities. Data stored on, or
available through, Department systems shall only be accessed by authorized employees who are
engaged in an active investigation, assisting in an active investigation, or who otherwise have a
legitimate law enforcement or Department business-related purpose to access such data. Any
exceptions to this policy must be approved by a supervisor.
An Internet site containing information that is not appropriate or applicable to Department use and
which shall not be intentionally accessed include, but are not limited to, adult forums, pornography,
chat rooms, and similar or related websites. Certain exceptions may be permitted with the approval
of a supervisor as a function of an assignment.
Downloaded information shall be limited to messages, mail, and data files. No software program
files may be downloaded without authorization of the IT Department, or when related to criminal
investigations, the Chief of Police, or designee.
Employees shall report any unauthorized access to the system or suspected intrusion from outside
sources (including the Internet) to a supervisor.
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Department
Department Technology Use
320.3 PROTECTION OF DEPARTMENT SYSTEMS AND FILES

All employees have a duty to protect the system and related systems and devices from physical
and environmental damage, and are responsible for the correct use, operation, care, and
maintenance of the system.
It is expressly prohibited for an employee to allow an unauthorized user to access the system at
any time or for any reason.
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Department
Report Preparation
Report preparation is a major part of each employee's job. The purpose of reports is to document
sufficient information to refresh the employee’s memory and to provide sufficient information for
follow-up investigation and successful prosecution. Report writing is the subject of substantial
formalized and on-the-job training.
321.1.1 REPORT PREPARATION

Employees should ensure that their reports are sufficient for their purpose, and reasonably free of
errors prior to submission. It is the responsibility of the assigned employee to complete and submit
all reports taken during the shift before going off duty, unless permission to hold the report has
been approved by a supervisor. Generally, reports of a serious nature requiring prompt follow-up
action on active leads, or arrest reports where the suspect remains in custody should not be held.
Employees who dictate reports shall use appropriate grammar, as content is not the responsibility
of the typist. Employees who generate reports on computers are subject to all requirements of
this policy.
All reports shall accurately reflect the identity of the persons involved, all pertinent information
seen, heard, or assimilated by any other sense, and any actions taken. Employees shall not
suppress, conceal, or distort the facts of any reported incident, nor shall any employee make a
false report orally or in writing. Generally, the reporting employee's opinions should not be included
in reports, unless specifically identified as such.
321.2 REQUIRED REPORTING

Written reports are required in all of the following situations on the appropriate Department-
approved form unless otherwise approved by a supervisor.
321.2.1 CRIMINAL ACTIVITY REPORTING

When an employee responds to a call for service, or as a result of self-initiated activity becomes
aware of any activity where a crime has occurred, the employee is required to document the
activity. The fact that a victim does not desire prosecution is not an exception to documenting a
report. The following are examples of required documentation:
(a) In every instance where a crime has occurred, the documentation shall take the form
of a report or other proper documentation.
(b) In every case where any force is used against any person by police personnel.
(c) All incidents involving family violence or the threat of violence.
(d) All incidents of crimes motivated by bias (Minn. Stat. § 626.5531).
(e) All arrests.
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Report Preparation
321.2.2 NON-CRIMINAL ACTIVITY

The following incidents shall be documented using the appropriate approved report:
(a) Any time an officer points a firearm at any person
(b) Any use of force against any person by a member of this department (see the Use
of Force Policy)
(c) Any firearm discharge (see the Firearms Policy)
(d) Any time a person is reported missing, regardless of jurisdiction (see the Missing
Persons Policy)
(e) Any found property or found evidence
(f) Any traffic collisions above the minimum reporting level (see the Traffic Collision
Response and Reporting Policy)
(g) Suspicious incidents that may indicate a potential for crimes against children or that
a child’s safety is in jeopardy
(h) All protective custody detentions
(i) Suspicious incidents that may place the public or others at risk
(j) Whenever the employee believes the circumstances should be documented or at the
direction of a supervisor
(k) Any watercraft collision or accident, drowning death and/or general water accident
should be reported on the appropriate Department of Natural Resource Form (Minn.
Stat. § 86B.105(a))
321.2.3 DEATH REPORTS

Reports shall be completed by the handling employee. All deaths shall be handled in compliance
with the Death Investigations Policy.
321.2.4 INJURY OR DAMAGE BY CITY PERSONNEL

Reports shall be taken if an injury occurs that is a result of an act of a City employee. Additionally,
reports shall be taken involving damage to City property or City equipment.
321.2.5 MISCELLANEOUS INJURIES

Any injury that is reported to this department shall require a report when:
(a) The injury is a result of a drug overdose.
(b) Attempted suicide.
(c) The injury is major or serious, whereas death could result.
(d) The circumstances surrounding the incident are suspicious in nature and it is desirable
to record the event.
Department
Report Preparation
The above reporting requirements are not intended to be all-inclusive. A supervisor may direct an
employee to document any incident he/she deems necessary.
321.3 GENERAL POLICY OF EXPEDITIOUS REPORTING

In general, all employees and supervisors shall act with promptness and efficiency in the
preparation and processing of all reports. An incomplete report, unorganized reports or reports
delayed without supervisory approval are not acceptable. Reports shall be processed according to
established priorities or according to special priority necessary under exceptional circumstances.
321.4 REPORT CORRECTIONS

Supervisors shall review reports for content and accuracy. If a correction is necessary, the
reviewing supervisor should advise the originating employee, stating the reasons for rejection. The
original report should be returned to the reporting employee for correction as soon as practicable.
It shall be the responsibility of the originating employee to ensure that any report returned for
correction is processed in a timely manner.
321.5 REPORT CHANGES OR ALTERATIONS

Reports that have been approved by a supervisor and submitted to the Support Services for filing
and distribution shall not be modified or altered except by way of a supplemental report. Reviewed
reports that have not yet been submitted to the Support Services may be corrected or modified by
the authoring employee only with the knowledge and authorization of the reviewing supervisor.
321.6 ELECTRONIC SIGNATURES

The Brooklyn Center Police Department has established an electronic signature procedure for use
by all employees of the Brooklyn Center Police Department. The Patrol Division Commander shall
be responsible for maintaining the electronic signature system, for ensuring that each employee
creates a unique, confidential password for his/her electronic signature and that the use of
electronic signatures otherwise complies with the law.
• Employees may only use their electronic signature for official reports or other official
communications.
• Each employee shall be responsible for the security and use of his/her electronic
signature and shall promptly notify a supervisor if the electronic signature has or may
have been compromised or misused.
321.7 FIREARM INJURY REPORTING FROM HEALTH PROFESSIONALS

Members receiving a report from a health professional of a bullet or gunshot wound, powder burns
or any other injury arising from, or caused by, the discharge of any gun, pistol or any other firearm
shall thoroughly investigate the facts surrounding the incident (Minn. Stat. § 626.52, Subd. 2; Minn.
Stat. § 626.553, Subd. 1).
Department
Report Preparation
The Support Services shall ensure that the report received from the health professional is
forwarded to the commissioner of the Department of Health (Minn. Stat. § 626.53, Subd. 2). If the
injury resulted from a hunting incident, the Support Services shall ensure that the findings of the
investigation are forwarded to the commissioner of the Department of Natural Resources using
the form provided by the commissioner (Minn. Stat. § 626.553, Subd. 1).
Department
News Media Relations

This policy provides guidelines for media releases and media access to scenes of disasters,
criminal investigations, emergencies and other law enforcement activities.
The ultimate authority and responsibility for the release of information to the media shall remain
with the Chief of Police. However, in situations not warranting immediate notice to the Chief of
Police and in situations where the Chief of Police has given prior approval, Division Commanders,
Shift Sergeants and designated Public Information Officer(s) may prepare and release information
to the media in accordance with this policy and the applicable law.
322.2.1 MEDIA REQUEST

Any media request for information or access to a law enforcement situation shall be referred to the
designated Department media representative, or if unavailable, to the first available supervisor.
Prior to releasing any information to the media, employees shall consider the following:
(a) At no time shall any employee of this department make any comment or release
any official information to the media without prior approval from a supervisor or the
designated Department media representative.
(b) In situations involving multiple law enforcement agencies, every reasonable effort
should be made to coordinate media releases with the authorized representative of
each involved agency prior to the release of any information by this department.
(c) Under no circumstance should any member of this department make any comment(s)
to the media regarding any law enforcement incident not involving this department
without prior approval of the Chief of Police.
322.3 MEDIA ACCESS

Authorized members of the media shall be provided access to scenes of disasters, criminal
investigations, emergencies and other law enforcement activities subject to the following
conditions:
(a) The media representative shall produce valid press credentials that shall be
prominently displayed at all times while in areas otherwise closed to the public.
(b) Media representatives may be prevented from interfering with emergency operations
and criminal investigations.
1. Reasonable effort should be made to provide a safe staging area for the
media that is near the incident and that will not interfere with emergency or
criminal investigation operations. All information released to the media should
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be coordinated through the department Public Information Officer or other

designated spokesperson.
(c) No member of this department shall be required to submit to media visits or interviews
without the consent of the involved employee.
(d) Media interviews with individuals who are in custody shall not be permitted unless in
compliance with a jail facility policy. Exceptions are only permitted with the approval
of the Chief of Police and the express written consent of the person in custody.
A tactical operation should be handled in the same manner as a crime scene, except the news
media shall be permitted within the outer perimeter of the scene, subject to any restrictions as
determined by the supervisor in charge. Department members shall not jeopardize a tactical
operation in order to accommodate the news media. All comments to the media shall be
coordinated through a supervisor or the Public Information Officer.
322.3.1 TEMPORARY FLIGHT RESTRICTIONS

Whenever the presence of media or other aircraft poses a threat to public or officer safety
or significantly hampers incident operations, the field supervisor should consider requesting a
Temporary Flight Restriction (TFR). All requests for a TFR should be routed through a supervisor.
The TFR request should include specific information regarding the perimeter and altitude
necessary for the incident and should be requested through the appropriate control tower. If the
control tower is not known, the Federal Aviation Administration should be contacted (14 CFR §
91.137).
322.3.2 PROVIDING ADVANCE INFORMATION

To protect the safety and rights of officers and other persons, advance information about planned
actions by law enforcement personnel, such as movement of persons in custody or the execution
of an arrest or search warrant, should not be disclosed to the news media nor should media
representatives be invited to be present at such actions except with the prior approval of the Chief
of Police.
Any exceptions to the above should only be considered for the furtherance of legitimate law
enforcement purposes. Prior to approving any exception, the Chief of Police will consider, at
minimum, whether the release of information or presence of the media would unreasonably
endanger any individual, prejudice the rights of any person or is otherwise prohibited by law.
322.4 SCOPE OF INFORMATION SUBJECT TO RELEASE

The Department will maintain a daily information log of significant law enforcement activities that
shall be made available, upon request, to media representatives through the Shift Sergeant. This
log will consist of data classified as public and should generally contain the following information
(Minn. Stat. § 13.82):
(a) The date, time, location, case number, type of crime, extent of injury or loss and names
of individuals (except confidential informants) involved in crimes occurring within this
Department
jurisdiction, unless the release of such information would endanger the safety of any
individual or jeopardize the successful completion of any ongoing investigation.
(b) The date, time, location, case number, name, birth date and charges for each person
arrested by this department, unless the release of such information would endanger
the safety of any individual or jeopardize the successful completion of any ongoing
investigation.
(c) The time and location of other significant law enforcement activities or requests for
service with a brief summary of the incident subject to the restrictions of this policy
and applicable law.
At no time shall identifying information pertaining to a juvenile arrestee be publicly released without
prior approval of a competent court or as permitted by state law (Minn. Stat. § 260B.171, Subd. 5).
At no time shall identifying information pertaining to a victim be publicly released without prior
approval of a competent court when access to the data would reveal the identity of a victim or
alleged victim of criminal sexual conduct or a violation of Minn. Stat. § 617.246, Subd. 2 (Minn.
Stat. § 13.82 Subd. 17 (b)).
At no time shall identifying information pertaining to a juvenile witness be publicly released without
prior approval of a competent court when this department has determined that the identity of a
juvenile witness reasonably requires protection (Minn. Stat. § 13.82, Subd. 17 (g)).
Information concerning incidents involving persons whose identities are classified as private data
under Minn. Stat. § 13.82, Subd. 17, shall be restricted from disclosure in accordance with that
statute. Further detail is available in the Records Maintenance and Release Policy.
Identifying information concerning deceased individuals should only be released to the media
when the decedent’s identity has been verified and the release is approved by a supervisor.
Any requests for copies of related reports or additional information not contained in this log shall
be referred to the designated media representative, the custodian of records, or if unavailable, to
the Shift Sergeant. Such requests will generally be processed in accordance with the provisions
of the Minnesota Data Practices Act (Minn. Stat. § 13.03).
322.4.1 STATE RESTRICTED INFORMATION

It shall be the responsibility of the authorized employee dealing with media requests to ensure
that restricted information is not inappropriately released to the media by this department (See the
Records Release and Security Policy and the Personnel Files Policy). When in doubt, authorized
and available legal counsel should be obtained. Examples of such restricted information include,
but are not limited to:
(a) The identities of involved officers only when the release hinders a law enforcement
purpose or reveals the identity of an undercover law enforcement officer and as
otherwise required by law (Minn. Stat. § 13.82).
Department
(b) Photographs of an officer without his/her permission except as provided in Minn. Stat.
§ 626.89 Subd. 12.
(c) Copies of traffic collision reports except to those authorized pursuant to Minn. Stat.
§ 169.09 Subd. 13.
(d) Information that would tend to endanger the safety of any individual or jeopardize the
successful completion of any ongoing investigation.
(e) Information pertaining to pending litigation involving this department.
(f) Information that uniquely describes stolen, lost, confiscated or recovered property
(Minn. Stat. § 13.82 Subd. 20).
(g) Any information that is otherwise privileged or restricted under state or federal law.
Department
Court Appearance and Subpoenas

This procedure has been established to provide for the acceptance of subpoenas and court
notices, and to ensure that employees appear in court when requested and present a professional
appearance.
323.1.1 DEFINITIONS
On Call - When an employee has appeared in court, or is at the time on -duty, and has been told
by a member of the court that the employee is free to leave the court or return to duty, subject to
being available by telephone or pager if called back.
Standby - When an employee receives a subpoena or court notice of a type that allows him/her
to not appear in court, but to remain available by telephone or pager so that the employee may
be directed to appear in court within a reasonable amount of time.
Trailing Status - When an employee remains on standby status for additional court sessions until
notified otherwise.
Mandatory Appearance - Subpoenas and court notices require an employee's physical
appearance in the specified court at the specified time, unless advised by the notice or issuing
attorney otherwise. Failure to appear either intentionally or by negligence may result in disciplinary
action.
323.2 COURT SUBPOENAS

Employees who receive subpoenas or court notices related to their employment with this
department are subject to the provisions of this policy. Employees should be aware that their
compliance is mandatory on all cases for which they have been properly subpoenaed or properly
notified. This policy applies to civil and criminal subpoenas and notices. Employees are expected
to cooperate with the prosecution to ensure the successful conclusion of a case (Minn. R. Crim.
Proc. Rule 22.01 and Minn. R. Civ. Proc. Rule 45.02).
323.2.1 SERVICE OF SUBPOENA OR DELIVERY OF COURT NOTICES

Service of a subpoena or court notice requiring the appearance of any employee in connection with
a matter arising out of the employee's course and scope of official duties may be accomplished by:
(a) Delivering a copy of the subpoena to the employee personally.
(b) Delivering a copy to the usual place of residency.
(c) Delivering a copy of the subpoena to the Department subpoena clerk or designee.
(d) Reading the subpoena in the hearing or case where the officer is present.
(e) Electronically transmitting a copy of the subpoena to the officer requiring an
acknowledgment of receipt.
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(f) Mail delivery requiring an acknowledgement of receipt.

(g) Oral delivery, including telephonic communications, with proper proof of service and
acknowledgment of receipt.
(h) Delivering a copy of the court notice or subpoena from a prosecutor or other
government attorney to the employee's work station or mail box. Employees shall
check for delivery of such documents during each shift worked.
323.2.2 VALID SUBPOENAS

No subpoena or court notice shall be accepted for an employee of this department unless it has
been properly served.
323.2.3 ACCEPTANCE OF SUBPOENA

(a) Unless served at the employee's residence, only the employee named in a subpoena
may accept service. Such service may be performed by any sheriff or officer of the
State of Minnesota, or any person who is not a party and is 18 years of age or older.
A subpoena must be served by delivering a copy to the witness, and tendering to that
person any fees required by law. If the witness is a party and is represented by an
attorney of record in the proceeding, the subpoena may be served on the witness's
attorney of record. Any employee accepting a subpoena shall immediately provide a
copy of the subpoena to the Department subpoena clerk. The subpoena clerk shall
maintain a chronological log of all Department subpoenas.
(b) Proof of service is by filing either:
1. The witness's signed written memorandum attached to the subpoena showing
that the witness accepted the subpoena.
2. A statement by the person who made the service stating the date, time, manner
of service, and the name of the person served.
323.2.4 COURT STANDBY

To facilitate court standby agreements, employees are required to provide and maintain current
information on their address and telephone number with the Department. Employees are required
to notify the Department within 24 hours of any change in residence address or telephone number,
and to provide accurate and reasonably reliable means or methods for contact.
If an employee on standby changes location during the day, the employee shall notify the
subpoena clerk of how he/she can be reached by telephone. Employees are required to remain
on standby each day the case is trailing. In a criminal case, the prosecutor handling the case is
the only person authorized to excuse an employee from standby status.
323.2.5 OFF-DUTY RELATED SUBPOENAS

Employees receiving valid subpoenas for actions taken off duty not related to their employment
with Brooklyn Center Police Department shall comply with the requirements of the subpoena.
Department
Employees receiving these subpoenas are not compensated for their appearance. Arrangements
for time off shall be coordinated through their immediate supervisor.
323.2.6 FAILURE TO APPEAR

Any employee who fails to comply with the terms of any valid and properly served subpoena may
be subject to discipline, as well as court-imposed civil and/or criminal sanctions for contempt of
court.
323.3 SUBPOENAS
Only department members authorized to receive a subpoena on behalf of this department or any
of its members may do so (Minn. R. Civ. P. 45.02; Minn. R. Crim. P. 22.03).
A court notice from a prosecutor or other government attorney may be served by delivery to the
member’s workstation or mail box. Members shall check for delivery of such documents during
each shift worked.
Subpoenas shall not be accepted in a civil action in which the member or Department is not a
party without properly tendered fees pursuant to applicable law (Minn. Stat. § 357.23; Minn. R.
Civ. P. 45.03).
323.3.1 PROCEDURE
To ensure that the employee is able to appear when required, that the employee is compensated
for such appearance, and to protect the Department's right to reimbursement, employees shall
follow the established procedures for the receipt of a civil subpoena.
323.3.2 CIVIL SUBPOENA ACCEPTANCE

Subpoenas shall not be accepted in a civil action in which the employee or Department is not a
party, without properly posted fees pursuant to applicable law.
If an employee of this department receives a civil subpoena requesting an interview or deposition

they must present a copy of the subpoena to a supervisor. It will be the responsibility of the
supervisor to determine if legal representation from a member of the city attorney’s office is
necessary.
323.3.3 PARTY MUST DEPOSIT FUNDS

A private party in a civil action who seeks to subpoena an employee must deposit the statutory
fee, if any, for each day's appearance before such subpoena will be accepted. Parties seeking to
have the employee make multiple appearances must make an additional deposit in advance to
include mileage reimbursement and per diem allowed by law.
323.4 OVERTIME APPEARANCES

If the employee appeared on his/her off-duty time, he/she will be compensated in accordance with
the current collective bargaining agreement.
Department
323.5 COURTROOM PROTOCOL

Employees must be punctual when appearing in court, and shall be prepared to proceed
immediately with the case for which they are scheduled to appear.
323.5.1 PREPARATION FOR TESTIMONY

Before the date of testifying, the subpoenaed employee shall request a copy of relevant reports
and become familiar with their content in order to be prepared for court.
323.5.2 COURTROOM ATTIRE

Employees shall dress in uniform or business attire. Suitable business attire for male employees
would consist of a coat, tie, and dress pants. Suitable business attire for female employees would
consist of a dress jacket, dress blouse, and skirt or slacks.
323.6 COURTHOUSE DECORUM

Employees shall observe all rules of the court in which they are appearing, refrain from smoking
or chewing gum in the courtroom, and shall remain alert to changes in the assigned courtroom
where their matter is to be heard.
323.7 TESTIFYING AGAINST THE INTEREST OF THE STATE

Any member or employee who is subpoenaed to testify, who has agreed to testify, or who
anticipates testifying or providing information on behalf of or at the request of any party other
than the State of Minnesota, any county, city, other unit of government or any of its officers and
employees in which any of those entities are parties, will notify their immediate supervisor without
delay. The supervisor will then notify the divisional commander or Chief of Police and County
Attorney's Office as may be indicated by the case.
This includes, but is not limited to, the following situations:
(a) Providing testimony or information for the defense in any criminal trial or proceeding.
(b) Providing testimony or information for the plaintiff in a civil proceeding against any
county, city, other unit of government or any government official, or its officers and
employees, including, but not limited to, personnel and/or disciplinary matters.
(c) Providing testimony or information on behalf of or at the request of any party other than
any county, city, other unit of government or any government official, or its officers and
employees, including, but not limited to, personnel and/or disciplinary matters.
323.8 INTERVIEWS
Interviews given by an employee, apart from those required in the official course of duty, to any
third party regarding occurrences the employee witnessed or investigated while acting in his/her
capacity as a department employee, shall be done off-duty.
Department
323.8.1 OFF-DUTY WAIVER

The off-duty requirement may be waived by the sergeant or divisional commander in the event of
a hardship, or if deemed to be in the public interest.
323.8.2 FEES
Fees for an hourly rate and mileage may be charged as follows:
a. A fee of $75.00 an hour, minimum of two hours, is authorized for off-duty interviews.
b. Mileage to and from the location of the off-duty interview may be charged at the current city
mileage rate, as set by the city council each year, when driving a personal vehicle.
Department
Mutual Aid and Outside Agency Assistance

The purpose of this policy is to provide guidance to officers in the request of, or answering the
request for, assistance involving another law enforcement agency.
It is the policy of this department to provide assistance whenever reasonably possible, in
accordance with the applicable laws of arrest and detention policies of this department, when
another law enforcement agency requests assistance with an arrest or detention of any person.
This department may also request an outside agency to provide assistance.
The Department may, at the discretion of the Chief of Police, establish an agreement with another
agency to (Minn. Stat. § 626.76 Subd. 1):
(a) Assist other peace officers in the line of their duty, and within the course of their
employment.
(b) Exchange Department peace officers with peace officers of another agency on a
temporary basis.
324.1.1 ASSISTING OUTSIDE AGENCIES

Generally, calls for assistance from other agencies are received via radio transmission. Any such
response to assist an outside agency may be considered for authorization regardless of whether
an agreement for reciprocal aid under Minn. Stat. § 626.76 Subd. 1 exists.
When an authorized employee of an outside agency requests the assistance of this department in
taking a person into custody, available officers shall respond and assist in making a lawful arrest.
If an officer receives a request in the field for assistance, that officer shall notify a supervisor as
soon as practical. Arrestees may be temporarily detained by this department until arrangements
for transportation are made by the outside agency. Only in exceptional circumstances will this
department provide transportation of arrestees to other county facilities.
When such assistance is rendered, action taken will be documented in a report or CAD comments.
324.1.2 REQUESTING ASSISTANCE FROM OUTSIDE AGENCIES

If assistance is needed from another agency, the employee requesting assistance should, if
practicable, first notify a supervisor of his/her intentions, except in those situations where the
employee or another is in imminent danger and there is an immediate need for assistance. The
handling officer or supervisor should direct assisting personnel to where they are needed and to
whom they should report when they arrive.
The requesting officer should secure radio frequencies for use by all involved agencies so that
communication can be coordinated as needed. If necessary, reasonable effort should be taken to
provide radio equipment capable of communicating on the assigned frequency to any personnel
who do not have compatible radios.
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Mutual Aid and Outside Agency Assistance
324.2 HAZARDOUS MATERIAL EMERGENCIES MUTUAL AID

The Minnesota Department of Health All-Hazards Response and Recovery Base Plan
identifies on-scene command and control responsibilities when an incident occurs (http://
www.health.state.mn.us/oep/plans/allhazardsbase.pdf). The incident commander is charged with
making an immediate appraisal of the situation and its potential in compliance with mutual
aid response guidelines. The All-Hazards Response and Recovery Base Plan base elements
recommends that responders should:
• Establish scene management.
• Detect the presence of hazardous materials.
• Begin identification of hazardous materials.
• Begin evacuation or direct in-place sheltering.
• Consider personal protection and decontamination.
• Isolate incident, and identify zones of activity.
• Contain the incident without risking exposure.
• Perform fire fighting, rescue, emergency medical, and other critical life-saving
response activities in accordance with the City Emergency Plan Manual.
• Seek additional appropriate resources if the event exceeds, or is expected to exceed,
the capability of local resources, including mutual aid and state or federal assistance.
When requesting local, state, or federal assistance, this Department should clarify if it
is requesting assistance only or complete scene management.
Officers should contact the Minnesota Pollution Control Agency's (MPCA) Emergency Response
Team (ERT) Duty Officer to request assistance at hazardous material emergencies (800-422-0798
or 651-649-5451).
324.3 MANDATORY SHARING

Equipment and supplies purchased with federal funds or grants with contingent sharing
requirements should be documented and updated as necessary by the training sergeant . The
conditions relative to sharing, the training requirements connected to the use of the supplies and
equipment, and those trained in the use of the supplies and equipment should be included in the
documentation. Copies of the list should be provided to Dispatch and the shift sergeant to ensure
proper use in compliance with agreements.
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Registered Predatory Offender

This_policy establishes guidelines by which the Brooklyn Center Police Department will address
issues associated with certain offenders who are residing in the jurisdiction and how the
Department will disseminate information and respond to public inquiries for information about
registered offenders.
325.2 POLICY
It is the policy of the Brooklyn Center Police Department to identify and monitor registered
offenders living within this jurisdiction and to take reasonable steps to address the risks those
persons may pose.
325.3 REGISTRATION
The support services supervisor shall establish a process to reasonably accommodate registration
of certain offenders. The process should rebut any allegation on the part of the offender that the
registration process was too confusing, burdensome or difficult for compliance. If it is reasonable
to do so, an investigator assigned to related investigations should conduct the registration in order
to best evaluate any threat the person may pose to the community. Those assigned to register
offenders should receive appropriate training regarding the registration process.
Upon conclusion of the registration process, the support services supervisor shall ensure that the
registration information is provided to the Bureau of Criminal Apprehension (BCA) in accordance
with Minn. Stat. § 243.166 within three days of the registration. Registration and updated
information from a person who lacks a primary residence shall be forwarded within two business
days. Updated primary address information from any registered predatory offender shall also be
forwarded within two business days (Minn. Stat. § 243.166).
The refusal of a registrant to provide any of the required information or complete the process
should initiate a criminal investigation for failure to register.
325.3.1 REGISTRATION PROCESS

When an offender arrives to register with this department, the assigned investigator should:
(a) Determine in what state the offense was committed.
(b) Confirm the individual is required to register by reviewing the list of Minnesota offenses
on the BCA’s Predatory Offender Registration website or in the BCA Predatory
Offender Registration (POR) Manual that is available on the BCA's secure website.
(c) If a person is required to register, search the BCA's secure website to verify whether
the offender is already registered and a DNA sample has been submitted.
(d) If the offender is already registered, complete a Change of Information Form (available
on the BCA’s secure website).
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Department
(e) If the offender is not registered, complete a POR Form (available at BCA’s secure
website).
(f) If the offender is from another state, contact the state (information for each state is
listed on the BCA’s website) and request a copy of the offender’s original registration
form, criminal complaint and sentencing documents.
1. Documents obtained should be submitted to the BCA with a registration form.
2. The BCA will determine if registration is required and inform the department and
the offender.
Additional information regarding offender registration is available in the POR Manual or by
contacting the Predatory Offender Unit by phone or through the BCA secure website.
325.3.2 GUIDELINES AND FORMS

The registration process shall be in accordance with Minn. Stat. § 243.166 and follow the
guidelines implemented by the BCA. Forms used in the registration process are available from
the secure website operated by the BCA.
325.3.3 NOTIFICATION TO REGISTRANTS

The registration process established by the Support Services Manager should include procedures
for determining whether an individual requires notification of his/her requirement to register
because the individual was not otherwise notified of the requirement by the sentencing court or
assigned a corrections agent (Minn. Stat. § 243.166).
325.4 MONITORING OF REGISTERED OFFENDERS

The Support Services Manager should establish a system to periodically, and at least once
annually, verify that a registrant remains in compliance with his/her registration requirements after
the initial registration. This verification should include:
(a) Efforts to confirm residence by conducting periodic home visits. During home visits all
registrant information will be verified.
(b) Review of information on the Department of Corrections Offender Information website.
(c) Contact with a registrant's parole or probation officer.
Any discrepancies should be reported to BCA.
The Support Services Manager should also establish a procedure to routinely disseminate
information regarding registered offenders to Brooklyn Center Police Department personnel,
including timely updates regarding new or relocated registrants.
325.5 DISSEMINATION OF PUBLIC INFORMATION

Members will not make a public notification advising the community of a particular registrant’s
presence in the community without permission from the Chief of Police. Members who believe
notification is appropriate should promptly advise their supervisor. The supervisor should evaluate
the request and forward the information to the Chief of Police if warranted. A determination will be
Department
made by the Chief of Police based on statutory requirements, with the assistance of legal counsel
as necessary, whether such a public alert should be made.
The Support Services Supervisor shall release local registered offender information to residents
in accordance with state law (Minn. Stat. § 244.052; Minn. Stat. § 243.166, Subd. 7; Minn. Stat. §
13.01 et seq.) and in compliance with a Minnesota Government Data Practices Act request.
325.5.1 RELEASE NOTIFICATIONS

Registrant information that is released should include notification that:
(a) The offender registry includes only those persons who have been required by law to
register and who are in compliance with the offender registration laws.
(b) The information is provided as a public service and may not be current or accurate.
(c) Persons should not rely solely on the offender registry as a safeguard against offenses
in their communities.
(d) The crime for which a person is convicted may not accurately reflect the level of risk.
(e) Anyone who uses information contained in the registry to harass registrants or commit
any crime may be subject to criminal prosecution.
(f) Other cautionary notices included in the Minnesota Department of Correction’s (DOC)
material for public recipients.
325.5.2 MANDATORY DISSEMINATION

The Department shall provide and release predatory offender data, or updated data, obtained
from the DOC based upon the offender’s status of a Level 1, 2, or 3.
The Department shall continue to disclose data on an offender as required by law for as long as
the offender is required to register under Minn. Stat. § 243.166.
Disclosure to the health care facility of the status of any registered predatory offender under Minn.
Stat. § 243.166 who is receiving inpatient care shall be made by this department (Minn. Stat. §
244.052, Subd. 4c).
The Department shall provide an offender’s change of status to the entities and individuals who
were initially notified if the Department becomes aware that the area where notification was made
is no longer where the offender resides, is employed, or is regularly found (Minn. Stat. § 244.052,
Subd. 4).
325.5.3 LEVEL 1 DISCLOSURE

Data maintained by law enforcement may be subject to limited disclosure (Minn. Stat. § 244.052,
Subd. 4) (refer to the DOC document “Confidential Fact Sheet - For Law Enforcement Agency
Use Only” or other DOC guidance):
(a) Mandatory disclosure:
1. Victims who have requested disclosure
Department
2. Adult members of the offender's immediate household

(b) Discretionary disclosure:
1. Other witnesses or victims
2. Other law enforcement agencies

Data is subject to limited disclosure for the purpose of securing institutions and protecting
individuals in their care while they are on or near the premises of the institution (Minn. Stat. §
244.052, Subd. 4) (refer to DOC document “Law Enforcement Agency Fact Sheet - Notification of
Release in Minnesota - Risk Level 2” or other DOC guidance):
(a) In addition to Level 1 disclosure, the Department may disclose data to:
1. Staff members of public and private educational institutions, day care
establishments and establishments that primarily serve individuals likely to be
victimized by the offender.
2. Individuals likely to be victimized by the offender.
(b) Discretionary notification must be based on the offender’s pattern of offending or
victim preference as documented by the DOC or the Minnesota Department of Human
Services (DHS).

Data is subject to disclosure not only to safeguard facilities and protect the individuals they serve
but also to protect the community as a whole (Minn. Stat. § 244.052, Subd. 4) (refer to the DOC
document “Law Enforcement Agency Fact Sheet - Notification of Release in Minnesota” or other
DOC guidance):
(a) The Department shall disclose information to the persons and entities provided for
Level 1 and 2 disclosures.
(b) The Department shall disclose data to other members of the community that the
offender is likely to encounter unless public safety would be compromised by the
disclosure or a more limited disclosure is necessary to protect the identity of the victim.
(c) A good faith effort must be made to complete the disclosure within 14 days of receiving
a confirmed address from the DOC.
(d) The process of notification is determined by this department. The DOC has
recommended that the community be invited to a public meeting and disclose the
necessary data. Assistance is available from the DOC Risk Assessment/Community
Notification (RA/CN) Unit.
Data disclosed to the public of a Level 3 predatory offender shall be forwarded to the DOC within
two days of the department's determination to disclose (Minn. Stat. § 244.052, Subd. 4(g)).
325.5.6 LEVEL 3 NOTIFICATION PROCEDURE

1. Notification information should be directed to the Support Services Manager.
Department
2. Upon receiving notification that a Level 3 offender is moving into Brooklyn Center, review the
packet sent from the DOC (or BCA). Make sure the FACT SHEET that can be distributed to the
public is included in the packet.
3. The Support Services Manager will schedule the Community Notification Meeting.
a. Check with the Chief for date approval.
b. Check with Community Activities, Recreation and Services (CARS) secretary to book
Constitution Hall.
i. Request room be set up for 100 attendees.
ii. Request three rows of chairs with an aisle in between rows.
iii. Request projector be up front and chairs for presenters.
c. The Support Services Manager will contact the DOC to find out who will be attending on
their behalf.
i. Contacts are:
Mark Bliven, [email protected] - 651-643-3455
Mike Schommer [email protected] or 651-361-7350
Sara Hustad, [email protected] - 651-603-0196
d. Fax or email notification to at least one media outlet.
4. The Support Services Manager or designee will prepare the Community Notification Meeting
Flyer and Community Notification Meeting Agenda.
5. The Support Services Manager or designee, using LOGIS Maps, will print out labels for all
residents living within 1/2 mile of the address where the offender is moving. The Community
Notification Meeting Flyer will be placed into envelopes and mailed out if time permits. If not, a
CSO will deliver.
a. Open LOGIS Maps
b. Enter address of where offender will be moving to
c. Select PID/Homeowner - the location will center on the screen
d. Click Mailing Labels from the top toolbar
e. Select BC Mail Labels, select Point, select Property
f. Type in 2640 for 1/2 mile radius or 5280 for 1 mile radius
g. Click on Get Labels
h. On the map, click on the center where it displays the property number
i. Labels will automatically pop up
Department
j. Print labels and attach to envelopes

k. Bring envelopes to City Hall to be sealed and postmarked
6. The Support Services Manager or designee will forward the Community Notification Meeting
Flyer and Predatory Offender Fact Sheet to the Administrative Assistant so the information can
be uploaded to the City's web site.
7. The Support Services Manager or designee will print and staple 100 copies of the Community
Notification Meeting Agenda, Predatory Offender Public Fact Sheet, and Commonly Asked
Questions (available on the BCA POR web site) for distribution at the Community Notification
Meeting.
8. The Support Services Manager will provide a copy of the packet as well as the total number
of offenders living in the City to the Chief.
325.5.7 HEALTH CARE FACILITY NOTIFICATION

Upon notice that a registered predatory offender is planning to be in this jurisdiction or has been
admitted to a health care facility or home care provider in this jurisdiction, this department shall
provide a fact sheet to the facility administrator with the following data (Minn. Stat. § 243.166, Subd.
4b) (refer to the DOC documents, “Law Enforcement Agency Fact Sheet Health Care Facility
Notification Data on a Registered Offender Not For Distribution to Facility Residents” and “Law
Enforcement Agency Fact Sheet Health Care Facility Notification Data on a Registered Offender
For Distribution to Facility Residents” or other DOC guidance):
(a) Name and physical description of the offender
(b) Offender’s conviction history, including the dates of conviction
(c) Risk level assigned to the offender, if any
(d) Profile of likely victims
325.5.8 SPECIALIZED NOTIFICATION

Offenders from other states and offenders released from federal facilities are also subject to
notification (Minn. Stat. § 244.052, Subd. 3a):
(a) If this department learns that a person under its jurisdiction is subject to registration and
desires consultation on whether the person is eligible for notification, the Department
must contact the DOC. The DOC will review the governing law of the other state and,
if comparable to Minnesota requirements, inform this department whether to proceed
with community notification in accordance with the level assigned by the other state.
(b) If the DOC determines that the governing law in the other state is not comparable,
community notification by this department may be made consistent with that
authorized for risk Level 2.
Department
(c) If this department believes that a risk level assessment is needed, the Department
may request an end-of-confinement review. The Department shall provide to the DOC
the necessary documents required to assess a person for a risk level.
325.5.9 VICTIM NOTIFICATION

If a predatory offender resides, expects to reside, is employed or is regularly found in this
jurisdiction, the Department shall provide victims who have requested notification with data that is
relevant and necessary to protect the victim. Information disclosed should be obtained from the
risk assessment report provided by DOC (Minn. § Stat. 244.052, Subd. 3).
The DOC will provide victim contact data to this department when there is a victim who has
requested notification (refer to the DOC document “Victim Data Confidential for Law Enforcement
Agency Use Only”).
It may be appropriate for members of the Department to directly contact the victim. Community
victim advocacy or prosecutor resources may also be available to assist with locating and notifying
a victim. Assistance is also available from the DOC victim services staff.
Members of the Department may contact other victims, witnesses and other individuals who are
likely to be victimized by the offender.
325.5.10 HOMELESS NOTIFICATION PROCESS

If public notice (Level 2 or 3) is required on a registered homeless offender, that notice should
be as specific as possible. These offenders are required to check in weekly with local law
enforcement, unless an alternative reporting procedure is approved by the Investigations Division
supervisor (Minn. Stat. § 243.166, Subd. 3a).
325.5.11 LIMITATIONS OF RELEASE OF DATA

Disclosures permitted or required for Level 2 or 3 offenders shall not be made if the offender
is placed or resides in a DOC-licensed residential facility. Upon notification that the offender is
released to a permanent address, the disclosures permitted or required by law shall be made
(Minn. Stat. § 244.052, Subd. 4). Data regarding the victim or witnesses shall not be disclosed
(Minn. Stat. § 244.052, Subd. 4(e)).
The broadest disclosures authorized under Minn. Stat. § 244.052, Subd. 4 may still be made for
certain offenders (sexually dangerous persons or persons with a sexual psychopathic personality)
even though still residing in a residential facility (Minn. Stat. § 253D.32, Subd. 1).
325.6 DISCLOSURE TO LOCAL WELFARE AGENCY

Upon request, members may disclose the status of an individual as a predatory offender to a
child protection worker who is conducting an assessment of child safety, risk of subsequent child
maltreatment, and family strengths and needs under Minn. Stat. § 626.556 (Minn. Stat. § 243.166).
Department
Major Incident Notification

The purpose of this policy is to provide guidance to members of this department in determining
when, how and to whom notification of major incidents should be made.
326.2 POLICY
The Brooklyn Center Police Department recognizes that certain incidents should be brought to the
attention of supervisors or other specified personnel of this department to facilitate the coordination
of activities and ensure that inquiries from the media and the public may be properly addressed.
326.3 MINIMUM CRITERIA FOR NOTIFICATION

Most situations where the media show a strong interest are also of interest to the Chief of Police
and the affected division commander.
The following list of incident types is provided as a guide for notification, and is not intended to
be all inclusive:
• Homicides
• Traffic collisions with fatalities
• Officer-involved shooting, whether on-duty or off-duty (See Officer-Involved Shooting
Police for special notifications)
• Significant injury or death to an employee, whether on-duty or off-duty
• Death of a prominent Brookyn Center official
• Arrest of a Department employee or prominent Brooklyn Center official
• Aircraft crash with major damage and/or injury or death
• In-custody deaths
• Any other incident, which has or is likely to attract significant media attention

The supervisor is responsible for making the appropriate notifications. The supervisor shall make
reasonable attempts to obtain as much information on the incident as possible before notification.
The supervisor shall attempt to make the notifications as soon as practicable.
326.4.1 STAFF NOTIFICATION

In the event an incident occurs as identified in the Minimum Criteria for Notification, the duty
command officer and commander of patrol shall be notified.
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Department
Major Incident Notification
326.4.2 DETECTIVE NOTIFICATION

If the incident requires that an officer or investigator respond from home, notification will be made
by a supervisor or duty command officer.
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Department
Administration of Opioid Overdose Medication

327.1 POLICY STATEMENT
This policy provides guidelines for the administration of intranasal opioid antagonist in emergency
situations where opioid overdose is suspected.
327.2 DEFINITIONS
Opioid: Substance occurring naturally in the body, those derived from the poppy plant and those
synthesized to have similar effects to opium (the dried extract of the poppy plant), that work on
the nervous system and are used medically to treat pain. These include but are not limited to
the following: Morphine, heroin, hydromorphone (e.g. Dilaudid®), hydrocodone, oxycodone, and
oxymorphone.
Opioid Antagonist: A synthetic drug that blocks opiate receptors in the nervous system.
327.3 ADMINISTRATION OF OPIOID OVERDOSE MEDICATION

Only officers who receive training in the recognition of signs of opiate overdose and the use of
opiate antagonists may administer opioid overdose medication. Officers may administer opioid
overdose medication in accordance with protocol specified by the physician who prescribed the
overdose medication for use by the officer (Minn. Stat. § 151.37; Minn. Stat. § 604A.04).
327.4 OPIOID OVERDOSE MEDICATION USER RESPONSIBILITIES

Officers who are qualified to administer opioid overdose medication, should handle, store, and
administer the medication consistent with their training and the drug specifications. The treating
officer shall inform responding Emergency Medical Services (E.M.S.) about any administration.
Officers shall check the medication and associated administration equipment at the beginning of
their shift to ensure they are serviceable and not expired. Any expired medication or unserviceable
administration equipment should be removed from service immediately and given to the on-duty
supervisor for replacement.
327.5 OPIOID OVERDOSE MEDICATION REPORTING

Any officer administering opioid overdose medication should detail its use appropriately in a report.
Any officer administering opioid overdose medication should place the patient who received the
overdose medication on a 72-hour Emergency Health and Welfare hold.
327.6 OPIOID OVERDOSE MEDICATION TRAINING

All licensed officers are required to receive training in the administration of opioid antagonist
medication prior to being assigned the medication and associated administration equipment and
prior to administering such medication.
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Administration of Opioid Overdose Medication
North Memorial Emergency Medical Services (E.M.S.) Education, will provide training to officers
authorized to administer opioid medication as authorized by North Memorial Medical Director.
(Minn. Stat. § 151.37).
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Death Investigation
The purpose of this policy is to provide guidelines for situations where officers initially respond to
and investigate the circumstances of a deceased person.
Some causes of death may not be readily apparent and some cases differ substantially from what
they appeared to be initially. The thoroughness of death investigations and the use of appropriate
resources and evidence gathering techniques is critical.
328.2 INVESTIGATION CONSIDERATIONS

Death investigation cases require certain actions be taken. Emergency Medical Services shall be
called in all suspected death cases unless the death is obvious (e.g., decapitated or decomposed).
Peace officers are not authorized to pronounce death unless they are also Coroners or deputy
coroners. A supervisor shall be notified in all death investigations.
328.2.1 MEDICAL EXAMINER REQUEST

The Medical Examiner shall be called in all sudden or unexpected deaths or deaths due to other
than natural causes, including, but not limited to (Minn. Stat. § 390.11):
(a) Unnatural deaths, including violent deaths arising from homicide, suicide or accident.
(b) Deaths due to a fire or associated with burns or chemical, electrical or radiation injury.
(c) Unexplained or unexpected perinatal and postpartum maternal deaths.
(d) Deaths under suspicious, unusual or unexpected circumstances.
(e) Deaths of persons whose bodies are to be cremated or otherwise disposed of so that
the bodies will later be unavailable for examination.
(f) Deaths of inmates of public institutions and persons in custody of law enforcement
officers who have not been hospitalized primarily for organic disease.
(g) Deaths that occur during, in association with or as the result of diagnostic, therapeutic
or anesthetic procedures.
(h) Deaths due to culpable neglect.
(i) Stillbirths of 20 weeks or longer gestation unattended by a physician.
(j) Sudden deaths of persons not affected by recognizable disease.
(k) Unexpected deaths of persons notwithstanding a history of underlying disease.
(l) Deaths in which a fracture of a major bone, such as a femur, humerus or tibia, has
occurred within the past six months.
(m) Deaths unattended by a physician occurring outside of a licensed health care facility
or licensed residential hospice program.
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Department
Death Investigation
(n) Deaths of persons not seen by their physician within 120 days of demise.
(o) Deaths of persons occurring in an emergency department.
(p) Stillbirths or deaths of newborn infants in which there has been maternal use of or
exposure to unprescribed controlled substances, including street drugs, or in which
there is a history or evidence of maternal trauma.
(q) Unexpected deaths of children.
(r) Solid organ donors.
(s) Unidentified bodies.
(t) Skeletonized remains.
(u) Unexpected deaths occurring within 24 hours of arrival at a health care facility.
(v) Deaths associated with the decedent's employment.
(w) Deaths of non-registered hospice patients or patients in non-licensed hospice
programs.
(x) Deaths attributable to acts of terrorism.
328.2.2 SEARCHING DEAD BODIES

The Medical Examiner or his/her assistants and authorized investigators are generally the only
persons permitted to move, handle, or search a body known to be dead.
An officer is permitted to make a reasonable search of an individual who it is reasonable to believe
is dead, or near death, for a document of gift or other information identifying the individual as a
donor or as an individual who made a refusal (Minn. Stat. § 525A.12 (a) (1)). If a donor document
is located, the Medical Examiner shall be promptly notified.
Should exigent circumstances indicate to an officer that any other search of a known dead body
is warranted prior to the arrival of the Medical Examiner, the investigating officer shall first obtain
verbal consent from the Medical Examiner.
The Medical Examiner is required to release property or articles to law enforcement that are
necessary for conducting an investigation unless reasonable basis exists pursuant to Minn. Stat.
§ 390.225 Subd. 2 to not release the property or articles (Minn. Stat. § 390.221).
Whenever reasonably possible, a witness, preferably a relative of the deceased or a member
of the household, should be requested to remain nearby the scene and available to the officer,
pending the arrival of the Medical Examiner.
The name and address of this person shall be included in the narrative of the death report.
Whenever personal effects are removed from the body of the deceased by the Medical Examiner,
a receipt shall be obtained. This receipt shall be attached to the death report.
328.2.3 DEATH NOTIFICATION
Department
Death Investigation
Should a human death result from a fire, this department shall immediately notify the state fire
marshal (Minn. Stat. § 299F.04 Subd. 5 (b)).
If not handled by the Medical Examiner, notification to the next-of-kin of the deceased person
shall be made, in person, by the officer assigned to the incident. If the next-of-kin lives in
another jurisdiction, a law enforcement official from that jurisdiction shall be requested to make
the personal notification. If the relatives live outside this county, the Medical Examiner may be
requested to make the notification. The Medical Examiner needs to know if notification has been
made. Assigned investigators may need to talk to the next-of-kin.
If a deceased person has been identified as a missing person, this department shall attempt to
locate family members and inform them of the death and the location of the deceased missing
person's remains once identity has been confirmed by the Medical Examiner. All efforts to locate
and notify family members shall be recorded in appropriate reports, and properly retained (Minn.
Stat. § 390.25 Subd. 2 (b)).
328.2.4 UNIDENTIFIED DEAD BODIES

If the identity of a dead body cannot be established after the Medical Examiner arrives, the Medical
Examiner will issue a “John Doe" or "Jane Doe” number for the report.
328.2.5 UNIDENTIFIED BODIES DATA ENTRY

As soon as reasonably possible, but no later than 30 working days after the date a death is reported
to the Department, any information or items pertaining to identifying features of the unidentified
body, dental records, fingerprints, any unusual physical characteristics, description of clothing
or personal belongings found on or with the body, that are in the possession of BCPD shall be
forwarded to the Medical Examiner for transmission to the BCA for eventual entry into systems
designed to assist in the identification process, such as the Missing Children and Missing Persons
Information Clearinghouse and the National Crime Information Center (NCIC) files (Minn. Stat. §
390.25 Subd. 2 (a)).
328.2.6 DEATH INVESTIGATION REPORTING

All incidents involving a death shall be documented on the appropriate form.
328.2.7 SUSPECTED HOMICIDE

If the initially assigned officer suspects that the death involves a homicide or other suspicious
circumstances, the officer shall take steps to protect the scene, and the on-call detective and DCO
shall be notified to determine the possible need for an investigator to respond to the scene for
further immediate investigation.
If the on-scene supervisor, through consultation with the DCO or Investigations Division
supervisor, is unable to determine the manner of death, the investigation shall proceed as though
it is a homicide.
Department
Death Investigation
The investigator of a homicide or suspicious-circumstances death may, with the approval of his/
her supervisor, request the Medical Examiner to conduct physical examinations and tests and
provide a report with the costs borne by the Department (Minn. Stat. § 390.251).
328.2.8 EMPLOYMENT RELATED DEATHS OR INJURIES

Any member of this agency who responds to and determines that a death, serious illness or serious
injury has occurred as a result of an accident at or in connection with the victim’s employment,
should ensure that the nearest office of the Minnesota Department of Labor and Industry is notified
with all pertinent information.
Department
Identity Theft
Identity theft is a growing trend that frequently involves related crimes in multiple jurisdictions. This
policy is intended to provide guidelines for the reporting and investigation of such crimes.
329.2 REPORTING
(a) A report shall be taken any time a person living within the jurisdiction of the Brooklyn
Center Police Department reports that he/she has been a victim of identity theft (Minn.
Stat. § 609.527, Subd. 5). This includes:
1. Taking a report even if the location of the crime is outside the jurisdiction of
this department or has not been determined.
2. Providing the victim with department information, as set forth in the Victim and
Witness Assistance Policy. Officers should encourage the individual to review
the material, and assist with any questions.
(b) A report should also be taken if a person living outside the department jurisdiction
reports an identity theft that may have been committed or facilitated within this
jurisdiction (e.g., use of a post office box in Brooklyn Center to facilitate the crime).
(c) Officers should include all known incidents of fraudulent activity (e.g., credit card
number applied for in victim’s name when the victim has never made such an
application).
(d) Officers should also cross-reference all known reports made by the victim (e.g., U.S.
Secret Service, credit reporting bureaus, U.S. Postal Service and the Department of
Public Safety's Driver and Vehicle Services Division) with all known report numbers.
(e) Following supervisory review and Department processing, the initial report should be
forwarded to the appropriate investigator for follow-up investigation, coordination with
other agencies and prosecution as circumstances dictate.
329.3 PREVENTATIVE MEASURES

The victim should be advised to place a security freeze on his/her consumer report as allowed by
law (Minn. Stat. § 13C.016 Subd. 2). A victim may also access the Minnesota Attorney General's
office for additional detailed information.
329.4 VICTIM DATA

The victim may be provided the Consent to Create an FBI Identity Theft File Form and a Notice
About Providing Your Social Security Number. These completed forms should be submitted to
the Support Services for appropriate filing and entry into the NCIC Identity Theft File. Forms and
details are available on the Bureau of Criminal Apprehension identity theft website.
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Department
Identity Theft
329.5 INFORMATION
The victim should also be encouraged to contact the Federal Trade Commission (FTC), which
is responsible for receiving and processing complaints under the Identity Theft and Assumption
Deterrence Act. The victim can contact the FTC online or by telephone. Additional information
may be found at the U.S. Department of Justice (USDOJ) website.
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Department
Private Persons/Citizen's Arrests

The purpose of this policy is to provide guidance for the handling of private person's arrests made
pursuant to Minn. Stat. § 629.30 Subd. 2 (4).
330.2 ADVISING PRIVATE PERSONS OF THE ARREST PROCESS

All officers shall advise civilians of the right to make a private person's arrest, including advice
on how to safely execute such an arrest. In all situations, officers should use sound discretion in
determining whether to advise an individual of the arrest process.
(a) When advising any individual regarding the right to make a private person's arrest,
officers should refrain from encouraging or dissuading any individual from making such
an arrest, and should instead limit advice to the legal requirements for such an arrest,
as listed below.
(b) Private individuals should be discouraged from using force to effect a private person's
arrest. Absent immediate threat to their own safety or the safety of others, private
individuals should be encouraged to refer matters to law enforcement officials for
further investigation or arrest.
(c) Private individuals shall be informed of the requirement to take the arrested person
before a judge or to a peace officer without unnecessary delay (Minn. Stat. § 629.39).
330.3 ARRESTS BY PRIVATE PERSONS

A private person may arrest another under the following circumstances (Minn. Stat. § 629.37):
(a) For a public offense committed or attempted in his/her presence.
(b) When the person arrested has committed a felony, although not in his/her presence.
(c) When a felony has been committed, and he/she has reasonable cause for believing
the person to be arrested committed the felony.
(d) When directed by a judge or a peace officer to arrest another person (Minn. Stat. §
629.403).

Any officer presented with a private person wishing to make an arrest must determine whether
there is reasonable cause to believe that such an arrest would be lawful.
(a) Should any officer determine that there is no reasonable cause to believe that a private
person's arrest is lawful, the officer should take no action to further detain or restrain
the individual beyond that which reasonably appears necessary to investigate the
matter, determine the lawfulness of the arrest, and protect the public safety.
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Department
Private Persons/Citizen's Arrests
1. Any officer who determines that a private person's arrest appears to be unlawful
should promptly release the arrested individual. The officer must include the
basis of such a determination in a related report.
2. Absent reasonable cause to support a private person's arrest or other lawful
grounds to support an independent arrest by the officer, the officer should
advise the parties that no arrest will be made and that the circumstances will
be documented.
(b) Whenever an officer determines that there is reasonable cause to believe that a private
person's arrest is lawful, the officer may exercise any of the following options:
1. Take the individual into physical custody for booking.
2. Release the individual upon a misdemeanor citation or pending formal charges.
330.5 REPORTING REQUIREMENTS

In all circumstances in which a private person is claiming to have made an arrest, the individual
must complete and sign a Department Citizen's Arrest Form. If the person fails or refuses to do
so, the arrest subject shall be released unless the officer has an independent reason to take the
person into custody.
In addition to the Citizen's Arrest Form (and any other related documents, such as citations
and booking forms), officers shall complete a narrative report regarding the circumstances and
disposition of the incident.
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Department
Limited English Proficiency Services

This policy provides guidance to members when communicating with individuals with limited
English proficiency (LEP) (42 USC § 2000d).
331.1.1 DEFINITIONS
Authorized interpreter - A person who has been screened and authorized by the Department to
act as an interpreter and/or translator for others.
Interpret or interpretation - The act of listening to a communication in one language (source
language) and orally converting it to another language (target language), while retaining the same
meaning.
Limited English proficient (LEP) - Any individual whose primary language is not English and
who has a limited ability to read, write, speak, or understand English. These individuals may be
competent in certain types of communication (e.g., speaking or understanding), but still be LEP
for other purposes (e.g., reading or writing). Similarly, LEP designations are context-specific; an
individual may possess sufficient English language skills to function in one setting, but these
skills may be insufficient in other situations. This includes individuals who, because of difficulty
in speaking or comprehending the English language, cannot fully understand any charges made
against them, the seizure of their property, or they are incapable of presenting or assisting in the
presentation of a defense (Minn. Stat. § 611.31).
Qualified bilingual member - A member of the Brooklyn Center Police Department, designated
by the Department, who has the ability to communicate fluently, directly, and accurately in both
English and another language. Bilingual members may be fluent enough to communicate in a non-
English language, but may not be sufficiently fluent to interpret or translate from one language
into another.
Translate or translation - The replacement of written text from one language (source language)
into an equivalent written text (target language).
331.2 POLICY
It is the policy of the Brooklyn Center Police Department to reasonably ensure that LEP individuals
have meaningful access to law enforcement services, programs, and activities, while not imposing
undue burdens on its members.
The Department will not discriminate against or deny any individual access to services, rights, or
programs based upon national origin or any other protected interest or right.
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Department
331.3 FOUR-FACTOR ANALYSIS

Since there are many different languages that members could encounter, the Department will
utilize the four-factor analysis outlined in the U.S. Department of Justice (DOJ) Guidance to
Federal Financial Assistance Recipients, available at the DOJ website, to determine which
measures will provide meaningful access to its services and programs. It is recognized that law
enforcement contacts and circumstances will vary considerably. This analysis, therefore, must
remain flexible and will require an ongoing balance of four factors, which are:
(a) The number or proportion of LEP individuals eligible to be served or likely to be
encountered by Department members, or who may benefit from programs or services
within the jurisdiction of the Department or a particular geographic area.
(b) The frequency with which LEP individuals are likely to come in contact with Department
members, programs, or services.
(c) The nature and importance of the contact, program, information, or service provided.
(d) The cost of providing LEP assistance and the resources available.
331.4 TYPES OF LEP ASSISTANCE AVAILABLE

Brooklyn Center Police Department members should never refuse service to an LEP individual
who is requesting assistance, nor should they require an LEP individual to furnish an interpreter as
a condition for receiving assistance. The Department will make every reasonable effort to provide
meaningful and timely assistance to LEP individuals through a variety of services.
The Department will utilize all reasonably available tools, such as language identification cards,
when attempting to determine an LEP individual's primary language.
LEP individuals may choose to accept Department-provided LEP services at no cost, or they may
choose to provide their own.
Department-provided LEP services may include, but are not limited to, the assistance methods
described in this policy.
331.5 WRITTEN FORMS AND GUIDELINES

Vital documents or those that are frequently used should be translated into languages most likely
to be encountered. The Department will arrange to make these translated documents available to
members and other appropriate individuals, as necessary.
331.6 AUDIO RECORDINGS

The Department may develop audio recordings of important or frequently requested information
in a language most likely to be understood by those LEP individuals who are representative of
the community being served.
331.7 QUALIFIED BILINGUAL MEMBERS
Department
Bilingual members may be qualified to provide LEP services when they have demonstrated
through established Department procedures a sufficient level of skill and competence to fluently
communicate in both English and a non-English language. Members utilized for LEP services
must demonstrate knowledge of the functions of an interpreter/translator, and the ethical issues
involved when acting as a language conduit. Additionally, bilingual members must be able to
communicate technical and law enforcement terminology, and be sufficiently proficient in the
non-English language to perform complicated tasks, such as conducting interrogations, taking
statements, collecting evidence, or conveying rights or responsibilities.
When a qualified bilingual member from this department is not available, personnel from
other city departments, who have been identified by the Department as having the requisite skills
and competence may be requested.
331.8 AUTHORIZED INTERPRETERS

Any person designated by the Department to act as an authorized interpreter and/or translator
must have demonstrated competence in both English and the involved non-English language,
must have an understanding of the functions of an interpreter that allows for correct and effective
translation, and should not be a person with an interest in the department case or investigation
involving the LEP individual. A person providing interpretation or translation services may be
required to establish the accuracy and trustworthiness of the interpretation or translation in a court
proceeding.
Authorized interpreters must pass a screening process which demonstrates that their skills and
abilities include:
(a) The competence and ability to communicate information accurately in both English
and in the target language.
(b) Knowledge, in both languages, of any specialized terms or concepts peculiar to this
department and of any particularized vocabulary or phraseology used by the LEP
individual.
(c) The ability to understand and adhere to the interpreter role without deviating into other
roles, such as counselor or legal adviser.
(d) Knowledge of the ethical issues involved when acting as a language conduit.
331.8.1 SOURCES OF AUTHORIZED INTERPRETERS

The Department may contract with authorized interpreters who are available over the telephone.
Members may use these services in compliance with established procedures.
Other sources may include:
• Qualified bilingual members of this department or personnel from other City
departments.
• Individuals employed exclusively to perform interpretation services.
Department
• Contracted in-person interpreters, such as state or federal court interpreters, among

others.
• Interpreters from other agencies who have been qualified as interpreters by this
department, and with whom the Department has a resource-sharing or other
arrangement that they will interpret according to department guidelines.
331.8.2 COMMUNITY VOLUNTEERS AND OTHER SOURCES OF LANGUAGE

ASSISTANCE
Language assistance may be available from community volunteers who have demonstrated
competence in either monolingual (direct) communication and/or in interpretation or translation (as
noted in above), and have been approved by the Department to communicate with LEP individuals.
Where qualified bilingual members or other authorized interpreters are unavailable to assist,
approved community volunteers who have demonstrated competence may be called upon when
appropriate. However, department members must carefully consider the nature of the contact and
the relationship between the LEP individual and the volunteer to ensure that the volunteer can
provide neutral and unbiased assistance.
While family or friends of an LEP individual may offer to assist with communication or
interpretation, members should carefully consider the circumstances before relying on such
individuals. For example, children should not be relied upon except in exigent or very informal and
non-confrontational situations.
331.9 CONTACT AND REPORTING

While all law enforcement contacts, services, and individual rights are important, this department
will utilize the four-factor analysis to prioritize service to LEP individuals so that such services may
be targeted where they are most needed, according to the nature and importance of the particular
law enforcement activity involved.
Whenever any member of this department is required to complete a report or other documentation,
and interpretation services are provided to any involved LEP individual, such services should be
noted in the related report. Members should document the type of interpretation services utilized,
and whether the individual elected to use services provided by the Department or some other
identified source.
331.10 RECEIVING AND RESPONDING TO REQUESTS FOR ASSISTANCE

The Brooklyn Center Police Department will take reasonable steps, and will work with the
Department of Human Resources to develop in-house language capacity by hiring or appointing
qualified members proficient in languages representative of the community being served.
331.11 FIELD ENFORCEMENT

Field enforcement will generally include such contacts as traffic stops, pedestrian stops, serving
warrants and restraining orders, crowd/traffic control, and other routine field contacts that may
involve LEP individuals. The scope and nature of these activities and contacts will inevitably vary.
Department
Members or supervisors must assess each situation to determine the need and availability of
language assistance to all involved LEP individuals, and utilize the methods outlined in this policy
to provide such assistance.
Although not every situation can be addressed in this policy, it is important that members are able
to effectively communicate the reason for a contact, the need for information, and the meaning
or consequences of any enforcement action. For example, it would be meaningless to request
consent to search if the officer is unable to effectively communicate with an LEP individual.
If available, officers should obtain the assistance of a qualified bilingual member or an authorized
interpreter before placing an LEP individual under arrest.
331.12 INVESTIGATIVE FIELD INTERVIEWS

In any situation where an interview may reveal information that could be used as the basis for
arrest or prosecution of an LEP individual, and a qualified bilingual member is unavailable or
lacks the skills to directly communicate with the LEP individual, an authorized interpreter should
be used. This includes interviews conducted during an investigation with victims, witnesses, and
suspects. In such situations, audio recordings of the interviews should be made when reasonably
possible. Identification and contact information for the interpreter (e.g., name, address) should be
documented so that the person can be subpoenaed for trial if necessary.
If an authorized interpreter is needed, officers should consider calling for an authorized interpreter
in the following order:
• An authorized Department member or allied agency interpreter
• An authorized telephone interpreter
• Any other authorized interpreter
Any Miranda warnings shall be provided to suspects in their primary language by an authorized
interpreter or, if the suspect is literate, by providing a translated Miranda warning card.
The use of an LEP individual's bilingual friends, family members, children, neighbors, or
bystanders may be used only when a qualified bilingual member or authorized interpreter is
unavailable and there is an immediate need to interview an LEP individual.
331.13 CUSTODIAL INTERROGATIONS

Miscommunication during custodial interrogations may have a substantial impact on the evidence
presented in a criminal prosecution. Only qualified bilingual members or, if none is available
or appropriate, authorized interpreters shall be used during custodial interrogations. Miranda
warnings shall be provided to suspects in their primary language by the qualified bilingual member
or an authorized interpreter.
In order to ensure that translations during custodial interrogations are accurately documented and
are admissible as evidence, interrogations should be recorded whenever reasonably possible.
See guidance on recording custodial interrogations in the Investigation and Prosecution Policy.
Department
331.13.1 OTHER TIMING AND NOTIFICATION MANDATES

The investigating or arresting officer shall immediately make necessary contacts to get an
authorized interpreter for an in-custody LEP person at the earliest possible time in order to assist
the person throughout the interrogation or taking of a statement. This applies even when the
interrogation will be conducted by a bilingual member (Minn. Stat. § 611.32).
The following shall be explained to the LEP person with the assistance of the authorized interpreter
(Minn. Stat. § 611.32):
(a) All charges filed against the person
(b) All procedures relating to the person's detainment and release
(c) In the case of any seizure under the provisions of the Asset Forfeiture Policy:
1. The possible consequences of the seizure
2. The person's right to judicial review
331.13.2 OATH
Every authorized interpreter shall be administered and take the following oath prior to assisting in
taking a statement related to a criminal matter from an in-custody LEP person (Min. Stat. § 611.33):
"I will make, to the best of my skill and judgment, a true interpretation to the disabled person being
examined of all the proceedings, in a language which said person understands, and to repeat the
statements, in the English language, of said person to the officials before whom the proceeding
is taking place."
331.14 BOOKINGS
When gathering information during the booking process, members should remain alert to the
impediments that language barriers can create. In the interest of the arrestee's health and welfare,
the safety and security of the facility, and to protect individual rights, it is important that accurate
medical screening and booking information be obtained. Members should seek the assistance
of a qualified bilingual member whenever there is concern that accurate information cannot be
obtained, or that booking instructions may not be properly understood by an LEP individual.
331.15 COMPLAINTS
The Department shall ensure that LEP individuals who wish to file a complaint regarding members
of this department are able to do so. The Department may provide an authorized interpreter or
translated forms, as appropriate. Complaints will be referred to the LEP coordinator.
Investigations into such complaints shall be handled in accordance with the Personnel Complaints
Policy. Authorized interpreters used for any interview with an LEP individual during an investigation
should not be members of this department.
Any notice required to be sent to an LEP individual as a complaining party, pursuant to the
Personnel Complaints Policy, should be translated or otherwise communicated in a language-
accessible manner.
Department
331.16 COMMUNITY OUTREACH

Community outreach programs and other such services offered by this department are important
to the ultimate success of more traditional law enforcement duties. This department will continue
to work with community groups, local businesses, and neighborhoods to provide equal access to
such programs and services.
331.17 TRAINING
To ensure that all members who may have contact with LEP individuals are properly trained,
the Department will provide periodic training on this policy and related procedures, including
how to access Department-authorized telephonic and in-person interpreters and other available
resources.
The training sergeant shall be responsible for ensuring new members receive LEP training. Those
who may have contact with LEP individuals should receive refresher training at least once every
two years thereafter. The training sergeant shall maintain records of all LEP training provided, and
will retain a copy in each member's training file in accordance with established records retention
schedules.
331.17.1 TRAINING FOR AUTHORIZED INTERPRETERS

All members on the authorized interpreter list must successfully complete prescribed interpreter
training. To complete interpreter training successfully, an interpreter must demonstrate proficiency
in and ability to communicate information accurately in both English and in the target language,
demonstrate knowledge in both languages of any specialized terms or phraseology, and
understand and adhere to the interpreter role without deviating into other roles, such as counselor
or legal adviser.
Members on the authorized interpreter list must receive refresher training annually or they will be
removed from the authorized interpreter list. This annual training should include language skills
competency (including specialized terminology) and ethical considerations.
Department
Communications with Persons with Disabilities

This policy provides guidance to members when communicating with individuals with disabilities,
including those who are deaf or hard of hearing, have impaired speech or vision, or are blind.
332.1.1 DEFINITIONS
Auxiliary aids - Tools used to communicate with people who have a disability or impairment. They
include, but are not limited to, the use of gestures or visual aids to supplement oral communication;
a notepad and pen or pencil to exchange written notes; a computer or typewriter; an assistive
listening system or device to amplify sound; a teletypewriter (TTY) or videophones (video relay
service or VRS); taped text; qualified readers; or a qualified interpreter.
Disability or impairment - A physical or mental impairment that substantially limits a major life
activity, including hearing or seeing, regardless of whether the disabled person uses assistive or
adaptive devices or auxiliary aids. Individuals who wear ordinary eyeglasses or contact lenses
are not considered to have a disability (42 USC § 12102). This includes those who, because of
a hearing, speech or other communication disorder, cannot fully understand any charges made
against them, the seizure of their property or they are incapable of presenting or assisting in the
presentation of a defense (Minn. Stat. § 611.31).
Qualified Interpreter - A person who is able to interpret effectively, accurately and impartially,
both receptively and expressively, using any necessary specialized vocabulary. Qualified
interpreters include oral interpreters, transliterators, sign language interpreters and intermediary
interpreters.
332.2 POLICY
It is the policy of the Brooklyn Center Police Department to reasonably ensure that people
with disabilities, including victims, witnesses, suspects, and arrestees have equal access to law
enforcement services, programs, and activities. Members must make efforts to communicate
effectively with individuals with disabilities.
The Department will not discriminate against or deny any individual access to services, rights, or
programs based upon disabilities.
332.3 AMERICANS WITH DISABILITIES (ADA) COORDINATOR

The Chief of Police shall delegate certain responsibilities to an ADA coordinator (28
CFR 35.107). The ADA coordinator shall be appointed by and directly responsible to
the Community Services division commander, or the authorized designee.
The responsibilities of the ADA coordinator shall include, but not be limited to:
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(a) Working with the City ADA coordinator regarding the Brooklyn Center Police
Department's efforts to ensure equal access to services, programs, and activities.
(b) Developing reports, new procedures, or recommending modifications to this policy.
(c) Acting as a liaison with local disability advocacy groups or other disability groups
regarding access to Department services, programs, and activities.
(d) Ensuring that a list of qualified interpreter services is maintained and available to
each Department member. The list should include information regarding the following:
1. Contact information
2. Availability
3. Type of services provided
(e) Developing procedures that will enable members to access auxiliary aids or services,
including qualified interpreters, and ensure the procedures are available to all
members.
(f) Ensuring signage is posted in appropriate areas, indicating that auxiliary aids are
available free of charge to people with disabilities.
(g) Ensuring appropriate processes are in place to provide for the prompt and
equitable resolution of complaints and inquiries regarding discrimination in access
to Department services, programs, and activities.
332.4 FACTORS TO CONSIDER

Because the nature of any law enforcement contact may vary substantially from one situation
to the next, members of this department should consider all information reasonably available to
them when determining how to communicate with an individual with a disability. Members should
carefully balance all known factors in an effort to reasonably ensure people who are disabled
have equal access to services, programs, and activities. These factors may include, but are not
limited to:
(a) Members should not always assume that effective communication is being achieved.
The fact that an individual appears to be nodding in agreement does not always mean
he/she completely understands the message. When there is any doubt, members
should ask the individual to communicate back or otherwise demonstrate their
understanding.
(b) The nature of the disability (e.g., deafness or blindness vs. hard of hearing or low
vision).
(c) The nature of the law enforcement contact (e.g., emergency vs. non-emergency,
custodial vs. consensual contact).
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(d) The availability of auxiliary aids. The fact that a particular aid is not available does
not eliminate the obligation to reasonably ensure access. However, in an emergency,
availability may factor into the type of aid used.
332.5 INITIAL AND IMMEDIATE CONSIDERATIONS

Recognizing that various law enforcement encounters may be potentially volatile and/or
emotionally charged, members should remain alert to the possibility of communication problems.
Members should exercise special care in the use of all gestures and verbal and written
communication to minimize initial confusion and misunderstanding when dealing with any
individual with known or suspected disabilities.
In a non-emergency situation when a member knows or suspects an individual requires assistance
to effectively communicate, the member shall identify the individual's choice of auxiliary aid or
service.
The individual's preferred communication method must be honored unless another effective
method of communication exists under the circumstances (28 CFR 35.160).
Factors to consider when determining whether an alternative method is effective include:
(a) The methods of communication usually used by the individual.
(b) The nature, length, and complexity of the communication involved.
(c) The context of the communication.
In emergency situations involving an imminent threat to the safety or welfare of any person,
members may use whatever auxiliary aids and services that reasonably appear effective under
the circumstances. This may include, for example, exchanging written notes or using the services
of a person who knows sign language but is not a qualified interpreter, even if the person who is
deaf or hard of hearing would prefer a qualified sign language interpreter or another appropriate
auxiliary aid or service. Once the emergency has ended, the continued method of communication
should be reconsidered. The member should inquire as to the individual's preference, and give
primary consideration to that preference.
If an individual who is deaf, hard of hearing, or has impaired speech must be handcuffed while
in the custody of the Brooklyn Center Police Department, consideration should be given, safety
permitting, to placing the handcuffs in the front of the body to facilitate communication using sign
language or writing.
332.6 TYPES OF ASSISTANCE AVAILABLE

Brooklyn Center Police Department members shall never refuse to assist an individual with
disabilities who is requesting assistance. The Department will not charge anyone to receive
auxiliary aids, nor shall they require anyone to furnish their own auxiliary aid or service as a
condition for receiving assistance. The Department will make every reasonable effort to provide
equal access and timely assistance to individuals who are disabled through a variety of services.
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A person who is disabled may choose to accept Department-provided auxiliary aids or services,
or they may choose to provide their own.
Department-provided auxiliary aids or services may include, but are not limited to, the assistance
methods described in this policy.
332.7 AUDIO RECORDINGS AND ENLARGED PRINT

The Department may develop audio recordings to assist people who are blind or have a visual
impairment with accessing important information. If such a recording is not available, members
may read aloud from the appropriate form; for example, a personnel complaint form, or provide
forms with enlarged print.
332.8 QUALIFIED INTERPRETERS

A qualified interpreter may be needed in lengthy or complex transactions (e.g., interviewing a
victim, witness, suspect, or arrestee), if the individual to be interviewed normally relies on sign
language or speechreading (lip-reading) to understand what others are saying. The qualified
interpreter should not be a person with an interest in the case or the investigation. A person
providing interpretation services may be required to establish the accuracy and trustworthiness
of the interpretation in a court proceeding.
Qualified interpreters should be:
(a) Available by some means, even remotely, within a reasonable amount of time, but in
no event longer than one hour if requested.
(b) Experienced in providing interpretation services related to law enforcement matters.
(c) Familiar with the use of VRS or video remote interpreting services.
(d) Certified in either American Sign Language (ASL) or Signed English (SE).
(e) Able to understand and adhere to the interpreter role without deviating into other roles,
such as counselor or legal adviser.
(f) Knowledgeable of the ethical issues involved when providing interpreter services.
Members should use Department-approved procedures to request a qualified interpreter at the
earliest reasonable opportunity, and generally not more than 15 minutes after a request for an
interpreter has been made, or it is reasonably apparent that an interpreter is needed. No individual
who is disabled shall be required to provide his/her own interpreter (28 CFR 35.160).
332.9 TTY AND RELAY SERVICES

In situations where an individual without a disability would have access to a telephone (e.g.,
booking or attorney contacts), members must also provide those who are deaf, hard of hearing,
or have impaired speech the opportunity to place calls using an available TTY (also known as a
telecommunications device for deaf people, or TDD). Members shall provide additional time as
needed for effective communication due to the slower nature of TTY and TDD communications.
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The Department will accept all TTY or TDD calls placed by those who are deaf or hard of hearing,
and received via a telecommunications relay service (28 CFR 35.162).
Note that relay services translate verbatim, so the conversation must be conducted as if speaking
directly to the caller.
332.10 COMMUNITY VOLUNTEERS

Interpreter services may be available from community volunteers who have demonstrated
competence in communication services such as ASL or SE, and have been approved by the
Department to provide interpreter services.
Where qualified interpreters are unavailable to assist, approved community volunteers
who have demonstrated competence may be called upon when appropriate.
However, Department members must carefully consider the nature of the contact, and the
relationship between the individual with the disability and the volunteer to ensure that the volunteer
can provide neutral and unbiased assistance.
332.11 FAMILY AND FRIENDS

While family or friends may offer to assist with interpretation, members should carefully consider
the circumstances before relying on such individuals. The nature of the contact, and relationship
between the individual with the disability and the person offering services must be carefully
considered (e.g., victim/suspect).
Children shall not be relied upon, except in emergency or critical situations, when there is no
qualified interpreter reasonably available.
Adults may be relied upon when (28 CFR 35.160):
(a) There is an emergency or critical situation and there is no qualified interpreter
reasonably available.
(b) The person with the disability requests that the adult interpret or facilitate
communication and the adult agrees to provide such assistance, and reliance on that
adult for such assistance is reasonable under the circumstances.
332.12 REPORTING
Whenever any member of this department is required to complete a report or other documentation
and communication assistance has been provided, such services should be noted in the related
report. Members should document the type of communication services utilized, and whether the
individual elected to use services provided by the Department or some other identified source.
If the individual's express preference is not honored, the member must document why another
method of communication was used.
All written communications exchanged in a criminal case shall be attached to the report or placed
into evidence.
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332.13 FIELD ENFORCEMENT

Field enforcement will generally include such contacts as traffic stops, pedestrian stops, serving
warrants and restraining orders, crowd/traffic control, and other routine field contacts that may
involve individuals with disabilities. The scope and nature of these activities and contacts will
inevitably vary.
The Department recognizes it would be virtually impossible to provide immediate access to
complete communication services to every member of this department. Members and supervisors
must assess each situation and consider the length, complexity, and importance of the
communication, as well as the individual's preferred method of communication, when determining
the type of resources to use and whether a qualified interpreter is needed.
Although not every situation can be addressed in this policy, it is important that members are able
to effectively communicate the reason for a contact, the need for information, and the meaning
or consequences of any enforcement action. For example, it would be meaningless to verbally
request consent to search if the officer is unable to effectively communicate with an individual who
is deaf or hard of hearing and requires communications assistance.
If available, officers should obtain the assistance of a qualified interpreter before placing an
individual with a disability under arrest. Individuals who are arrested and are assisted by service
animals should be permitted to make arrangements for the care of such animals prior to transport.
332.13.1 FIELD RESOURCES

Examples of methods that may be sufficient for transactions such as checking a license or giving
directions to a location or for urgent situations such as responding to a violent crime in progress
may, depending on the circumstances, include such simple things as:
(a) Hand gestures or visual aids with an individual who is deaf, hard of hearing or has
impaired speech.
(b) Exchange of written notes or communications.
(c) Verbal communication with an individual who can speechread by facing the individual
and speaking slowly and clearly.
(d) Use of computer, word processing, personal communication device or similar device
to exchange texts or notes.
(e) Slowly and clearly speaking or reading simple terms to individuals who have a visual
or mental impairment.
Members should be aware that these techniques may not provide effective communication as
required by law and this policy depending on the circumstances.
332.14 CUSTODIAL INTERROGATIONS

In an effort to ensure the rights of individuals who are deaf, hard of hearing, or have speech
impairment are protected during a custodial interrogation, this department will provide interpreter
services before beginning an interrogation, unless exigent circumstances exist. The use of a video
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remote interpreting service should be considered, where appropriate, if a live interpreter is not
available. Miranda warnings shall be provided to suspects who are deaf or hard of hearing by a
qualified interpreter, or by providing a written Miranda warning card.
To ensure that communications during custodial investigations are accurately documented
and are admissible as evidence, as with all custodial interviews, interrogations should be
recorded whenever reasonably possible. See guidance on recording custodial interrogations in
the Investigation and Prosecution Policy.
332.14.1 OTHER TIMING AND NOTIFICATION MANDATES

The investigating or arresting officer shall immediately make necessary contacts to get a qualified
interpreter for a person in custody at the earliest possible time (Minn. Stat. § 611.32).
The following shall be explained with the assistance of the qualified interpreter (Minn. Stat. §
611.32):
(a) All charges filed against the person
(b) All procedures relating to the person's detainment and release
(c) In the case of any seizure under the Asset Forfeiture Policy:
1. The possible consequences of the seizure
2. The person's right to judicial review
332.14.2 OATH
Every qualified interpreter shall be administered and take the following oath prior to assisting in
taking a statement related to a criminal matter from an in-custody deaf or hard of hearing person
(Minn. Stat. § 611.33):
"I will make, to the best of my skill and judgment, a true interpretation to the disabled person being
examined of all the proceedings, in a language which said person understands, and to repeat the
statements, in the English language, of said person to the officials before whom the proceeding
is taking place."
332.15 ARRESTS AND BOOKINGS

If an individual with speech or hearing disabilities is arrested, the arresting officer shall use
department-approved procedures to provide a qualified interpreter at the place of arrest or
booking as soon as reasonably practicable, unless the individual indicates that he/she prefers a
different auxiliary aid or service or the officer reasonably determines another effective method of
communication exists under the circumstances.
When gathering information during the booking process members should remain alert to the
impediments that often exist when communicating with those who are deaf, hard of hearing,
who have impaired speech or vision, are blind, or have other disabilities. In the interest of the
arrestee’s health and welfare, the safety and security of the facility and to protect individual
rights, it is important that accurate medical screening and booking information be obtained. If
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necessary, members should seek the assistance of a qualified interpreter whenever there is
concern that accurate information cannot be obtained or that booking instructions may not be
properly understood by the individual.
Individuals who require and possess personally owned communication aids (e.g., hearing aids,
cochlear processors) should be permitted to retain them while in custody.
332.16 COMPLAINTS
The Department shall ensure that individuals with disabilities who wish to file a complaint regarding
members of this department are able to do so. The Department may provide a qualified interpreter
or forms in enlarged print, as appropriate. Complaints will be referred to the department ADA
Coordinator.
Investigations into such complaints shall be handled in accordance with the Personnel Complaints
Policy. Qualified interpreters used during the investigation of a complaint should not be members
of this Department.
332.17 COMMUNITY OUTREACH

Community outreach programs and other such services offered by this department are important
to the ultimate success of more traditional law enforcement duties. This department will continue
to work with community groups, local businesses, and neighborhoods to provide equal access to
such programs and services.
332.18 TRAINING
To ensure that all members who may have contact with individuals who are disabled are properly
trained, the Department will provide periodic training that should include:
(a) Awareness and understanding of this policy and related procedures, related forms,
and available resources.
(b) Procedures for accessing qualified interpreters and other available resources.
(c) Working with in-person and telephone interpreters and related equipment.
The training sergeant shall be responsible for ensuring new members receive training related
to interacting with individuals who have disabilities, including individuals who are deaf, hard
of hearing, who have impaired speech or vision, or are blind. Those who may have contact
with such individuals should receive refresher training at least once every two years thereafter.
The training supervisor shall maintain records of all training provided, and will retain a copy in
each member's training file in accordance with established records retention schedules.
332.18.1 CALL-TAKER TRAINING

Emergency call-takers shall be trained in the use of TTY equipment protocols for communicating
with individuals who are deaf, hard of hearing or who have speech impairments. Such training
and information should include:
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(a) The requirements of the ADA and Section 504 of the Rehabilitation Act for telephone
emergency service providers.
(b) ASL syntax and accepted abbreviations.
(c) Practical instruction on identifying and processing TTY or TDD calls, including the
importance of recognizing silent TTY or TDD calls, using proper syntax, abbreviations
and protocol when responding to TTY or TDD calls.
(d) Hands-on experience in TTY and TDD communications, including identification of TTY
or TDD tones.
Training should be mandatory for all Dispatch members who may have contact with individuals
from the public who are deaf, hard of hearing or have impaired speech. Refresher training should
occur every six months.
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School Employee Arrest Reporting

The purpose of this policy is to describe the procedures to follow when a public or private school
employee, teacher, and non-teacher, has been arrested under certain circumstances.
333.2 SCHOOL EMPLOYEE ARREST REPORTING

In the event a school employee is arrested for any controlled substance offense, a felony involving
moral turpitude, child abuse, or sexual abuse offense, the Chief of Police or designee should
report the arrest as follows:
333.2.1 ARREST OF PUBLIC SCHOOL TEACHER

Upon arrest for one of the above crimes, the Chief of Police or designee may notify by telephone
the superintendent of the school district employing the teacher, and give written notice of the arrest
to the superintendent of schools in the county where the person is employed.
333.2.2 ARREST OF PUBLIC SCHOOL NON-TEACHER EMPLOYEE

the superintendent of the school district employing the non-teacher, and may give written notice
of the arrest to the governing board of the school district employing the person.
333.2.3 ARREST OF PRIVATE SCHOOL OR LICENSED DAY-CARE TEACHER

the private school or licensed day-care authority employing the teacher, and may give written
notice of the arrest to the private school authority employing the teacher.
333.2.4 ARREST OF PRIVATE SCHOOL OR LICENSED DAY-CARE EMPLOYEE

the private school or licensed day-care authority employing the non-teacher, and may give written
notice of the arrest to the private school authority employing the person.
333.2.5 ALL OTHER LICENSED CHILD CARE WORKERS

the licensing authority.
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Department
Pupil Arrest Reporting

The purpose of this policy is to describe the procedures to follow when a pupil is arrested on
school grounds and during school hours.
334.2 PUPIL ARREST REPORTING

In the event a school pupil is arrested, the arresting officer shall include the necessary information
in the report to ensure that the Support Services notifies the chief administrative officer of the
school, or an appropriate designee, of the pupil's arrest.
If there is probable cause to believe an incident involved alcohol or a controlled substance, the
Support Services shall complete the appropriate form and submit the form with the report. The
Support Services shall ensure the form is distributed to the chemical abuse pre-assessment team
of the school within two weeks of the occurrence (Minn. Stat. § 121A.28).
334.2.1 PUPIL ARREST AFTER NOTIFICATION

Based upon the circumstances of the investigation, it may be appropriate to notify the school prior
to the arrest. Prior notification and assistance from the school may reduce disruption to school
operations and other students.
334.2.2 PUPIL ARREST BEFORE NOTIFICATION

Based upon the circumstances of the investigation, it may be appropriate to arrest the pupil before
notifying the school. This may be appropriate if the pupil is a flight risk, if prior notification will
impede the investigation, or if notification creates additional risks to students, faculty, the officer,
or the public.
Proper notification to the school after the pupil's arrest should then be made when circumstances
reasonably allow.
334.2.3 PARENTAL NOTIFICATION

Upon arrest, it is the arresting officer's responsibility to ensure the parents of the arrested pupil are
properly notified. Notification shall be made by the officer, regardless of subsequent notifications
by the juvenile detention facility. Notifications should be documented, and include the charges
against the pupil and where the pupil will be taken.
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Department
Biological Samples
This policy provides guidelines for the collection of biological samples from those individuals
required to provide samples upon conviction for certain offenses. This policy does not apply to
biological samples collected at a crime scene or taken from a person in conjunction with a criminal
investigation. Nor does it apply to biological samples collected from those required to register, for
example, as sex offenders.
335.2 POLICY
The Brooklyn Center Police Department will assist in the expeditious collection of required
biological samples from offenders in accordance with the laws of this state, and with as little
reliance on force as practicable.
335.3 PERSONS SUBJECT TO BIOLOGICAL SAMPLE COLLECTION

The following persons must submit a biological sample:
(a) Adults who are subject to a court order requiring a biological sample after sentencing
(Minn. Stat. § 609.117).
(b) Juveniles who are subject to a court order requiring a biological sample after being
adjudicated delinquent (Minn. Stat. § 609.117).
335.4 PROCEDURE
When an individual is required to provide a biological sample, a trained employee shall attempt
to obtain the sample in accordance with this policy.
335.4.1 COLLECTION
The following steps should be taken to collect a sample:
(a) Verify that the individual is required to provide a sample pursuant to Minn. Stat. §
609.117.
(b) Verify that a biological sample has not been previously collected from the offender by
querying the person's criminal history. There is no need to obtain a biological sample
if one has been previously obtained.
(c) Use the designated collection kit provided by the Minnesota Bureau of Criminal
Apprehension to perform the collection, and take steps to avoid cross contamination.
335.5 USE OF FORCE TO OBTAIN SAMPLES

If a person refuses to cooperate with the sample collection process, officers should attempt to
identify the reason for refusal and seek voluntary compliance without resorting to using force.
Force will not be used in the collection of samples except as authorized by court order or approval
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Department
Biological Samples
of legal counsel and only with the approval of a supervisor. Methods to consider when seeking
voluntary compliance include contacting:
(a) The person’s parole or probation officer when applicable.
(b) The prosecuting attorney to seek additional charges against the person for failure to
comply or to otherwise bring the refusal before a judge.
(c) The judge at the person’s next court appearance.
(d) The person’s attorney.
(e) A chaplain.
(f) Another custody facility with additional resources, where an arrestee can be
transferred to better facilitate sample collection.
(g) A supervisor who may be able to authorize custodial disciplinary actions to compel
compliance, if any are available.
The supervisor shall review and approve any plan to use force and be present to document the
process.
335.5.1 VIDEO RECORDING

A video recording should be made any time force is used to obtain a biological sample. The
recording should document all staff participating in the process, in addition to the methods and all
force used during the collection. The recording should be part of the investigation file, if any, or
otherwise retained in accordance with the department’s records retention schedule.
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Department
Chaplains
The Brooklyn Center Police Department Chaplain Program is established for the purposes of
providing spiritual and emotional support to all members of the Department, their families, and
members of the public.
336.2 POLICY
It is the policy of this department that the Chaplain Program shall be a nondenominational,
ecumenical ministry provided by volunteer clergy without financial compensation.
336.3 GOALS
Members of the Chaplain Program shall fulfill the program's purpose in the following manner:
(a) By serving as a resource for Department personnel when dealing with the public in
such incidents as accidental deaths, suicides, suicidal subjects, serious accidents,
drug and alcohol abuse, and other such situations that may arise.
(b) By providing an additional link between the community, other chaplain programs, and
the Department.
(c) By providing counseling, spiritual guidance, and insight for Department personnel and
their families.
(d) By being alert to the spiritual and emotional needs of Department personnel and their
families.
(e) By familiarizing themselves with the role of law enforcement in the community.
336.4 REQUIREMENTS
Candidates for the Chaplain Program shall meet the following requirements before formally being
designated as a Law Enforcement Chaplain:
(a) Must be ecclesiastically certified and/or endorsed, ordained, licensed, or
commissioned by a recognized religious body.
(b) Must have at least five years of successful ministry experience within a recognized
faith community.
336.4.1 RECRUITMENT
Chaplains should be recruited on a continuous and ongoing basis consistent with department
policy on equal opportunity and nondiscriminatory employment. A primary qualification for
participation in the application process should be an interest in and an ability to assist
the Department in serving the public. Chaplain candidates are encouraged to participate in ride-
alongs with department members before and during the selection process.
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Department
Chaplains
336.4.2 SELECTION AND APPOINTMENT

Chaplain candidates shall successfully complete the following process prior to appointment as a
chaplain:
(a) Submit the appropriate written application.
(b) Include a recommendation from employers or volunteer programs.
(c) Interview with the Chief of Police and the chaplain coordinator.
(d) Successfully complete an appropriate-level background investigation.
(e) Complete an appropriate probationary period as designated by the Chief of Police.
Chaplains are volunteers and serve at the discretion of the Chief of Police. Chaplains shall have
no property interest in continued appointment. However, if a chaplain is removed for alleged
misconduct, the chaplain will be afforded an opportunity solely to clear his/her name through a
liberty interest hearing, which shall be limited to a single appearance before the Chief of Police
or the authorized designee.
336.5 SELECTION PROCESS

Chaplain candidates are encouraged to participate in the ride-along program before and during
the selection process. Chaplain candidates shall successfully complete the following process prior
to deployment as a chaplain:
(a) Appropriate written application.
(b) Recommendation from their faith's community elders, board, or council.
(c) Interview with Chief of Police and chaplain supervisor
(d) Successfully complete an appropriate level background investigation.
(e) Complete an appropriate probationary period as designated by the Chief of Police.
336.6 DUTIES AND RESPONSIBILITIES

Chaplains are volunteer members of the Department, and except as otherwise specified within
this policy, are required to comply with the Volunteer Program Policy in this manual, and other
applicable Department policies. The duties of a chaplain may include, but are not limited to, the
following:
(a) Assisting in making notification to families of Department members who have been
seriously injured or killed.
(b) After notification, responding to the hospital or home of the Department member.
(c) Visiting sick or injured law enforcement personnel in the hospital or at home.
(d) Attending and participating, when requested, in funerals of active or retired members
of the Department.

Department
Chaplains
(e) Assisting other personnel in the diffusion of a conflict or incident when requested to
by on-scene staff.
(f) Responding to natural and accidental deaths, suicides and attempted suicides, family
disturbances, and any other incident that, in the judgment of the shift sergeant or
supervisor, aids in accomplishing the mission of the Department.
(g) Being on call, and if possible on duty, during major demonstrations or any public
function that requires the presence of a large number of Department personnel.
(h) Attending Department and academy graduations, ceremonies, and social events, and
offering invocations and benedictions, as requested.
(i) Responding to all major disasters, such as floods, bombings, and similar critical
incidents.
(j) Providing liaison with various religious leaders of the community.
(k) Assisting public safety personnel and the community in any other function of the clergy
profession as requested.
(l) Participating in in-service training classes.
(m) Willing to train to enhance effectiveness.
(n) Promptly facilitating requests for representatives or leaders of other denominations.
(o) Making referrals in cases where specialized attention is needed, or in those cases that
are beyond the chaplain's ability to assist.
Chaplains may not proselytize or attempt to recruit members of the Department or the public into
a religious affiliation while on duty, unless the receiving person has solicited spiritual guidance or
teaching. If there is any question as to the receiving person's intent, chaplains should verify that
the person is desirous of spiritual counseling or guidance before engaging in such discussion.
Chaplains may not accept gratuities for any service, or any subsequent actions and follow-up
provided, while functioning as a chaplain for the Brooklyn Center Police Department.
336.7 CLERGY-PENITENT CONFIDENTIALITY

No person who provides chaplain services to members of the Department may work or volunteer
for the Brooklyn Center Police Department in any capacity other than that of chaplain.
Department chaplains shall be familiar with state evidentiary laws and rules pertaining to the limits
of the clergy-penitent privilege, and shall inform Department members when it appears reasonably
likely that the Department member is discussing matters that are not subject to the clergy-penitent
privilege. In such cases, the Department chaplain should consider referring the member to a
non-Department counseling resource.

Department
Chaplains
No chaplain shall provide counsel to or receive confidential communications from any Brooklyn
Center Police Department employees concerning an incident personally witnessed by the chaplain
or concerning an incident involving the chaplain.
336.7.1 COMPLIANCE
Chaplains are volunteer members of this department, and except as otherwise specified within
this policy, are required to comply with the Volunteer Program Policy and other applicable policies.
336.7.2 OPERATIONAL GUIDELINES
(a) Chaplains will be scheduled to be on-call for a period of seven consecutive days during
each month, beginning on Monday and ending on the following Sunday.
(b) Generally, each chaplain will serve with Brooklyn Center Police Department personnel
a minimum of eight hours per month.
(c) At the end of each watch the chaplain will complete a chaplain shift report and submit
it to the Chief of Police or the authorized designee.
(d) Chaplains shall be permitted to ride with officers during any shift and observe Brooklyn
Center Police Department operations, provided the Shift Sergeant has been notified
and has approved the activity.
(e) Chaplains shall not be evaluators of members of the Department.
(f) In responding to incidents a chaplain shall never function as an officer.
(g) When responding to in-progress calls for service chaplains may be required to stand-
by in a secure area until the situation has been deemed safe.
(h) Chaplains shall serve only within the jurisdiction of the Brooklyn Center Police
Department unless otherwise authorized by the Chief of Police or the authorized
designee.
(i) Each chaplain shall have access to current department member rosters, addresses,
telephone numbers, duty assignments and other information that may assist in his/her
duties. Such information will be considered private personnel data and each chaplain
will exercise appropriate security measures to prevent distribution of the data.
336.7.3 ASSISTING DEPARTMENT/OFFICE MEMBERS

The responsibilities of a chaplain related to department members include, but are not limited to:
(a) Assisting in making notification to families of members who have been seriously
injured or killed and after notification responding to the hospital or home of the member.
(b) Visiting sick or injured members in the hospital or at home.
(c) Attending and participating, when requested, in funerals of active or retired members.
(d) Serving as a resource for members when dealing with the public in incidents, such
as accidental deaths, suicides, suicidal subjects, serious accidents, drug and alcohol
abuse and other such situations that may arise.

Department
Chaplains
(e) Providing counseling and support for members and their families.
(f) Being alert to the needs of members and their families.
336.7.4 ASSISTING THE DEPARTMENT/OFFICE

The responsibilities of a chaplain related to this department include, but are not limited to:
(a) Assisting members in the diffusion of a conflict or incident when requested.
(b) Responding to natural and accidental deaths, suicides and attempted suicides, family
disturbances and any other incident that in the judgment of the Shift Sergeant or
supervisor aids in accomplishing the mission of the Department.
(c) Responding to all major disasters, such as natural disasters, bombings and similar
critical incidents.
(d) Being on-call and, if reasonably possible, on-duty during major demonstrations or any
public function that requires the presence of a large number of department members.
(e) Attending department and academy graduations, ceremonies and social events and
offering invocations and benedictions, as requested.
(f) Participating in in-service training classes.
(g) Willingness to train others to enhance the effectiveness of the Department.
336.7.5 ASSISTING THE COMMUNITY

The duties of a chaplain related to the community include, but are not limited to:
(a) Fostering familiarity with the role of law enforcement in the community.
(b) Providing an additional link between the community, other chaplain coordinators and
the Department.
(c) Providing liaison with various civic, business and religious organizations.
(d) Promptly facilitating requests for representatives or leaders of various denominations.
(e) Assisting the community in any other function as needed or requested.
(f) Making referrals in cases where specialized attention is needed or in cases that are
beyond the chaplain's ability to assist.
336.7.6 CHAPLAIN MEETINGS

All chaplains are required to attend scheduled meetings. Any absences must be satisfactorily
explained to the chaplain coordinator.
336.8 COMMAND STRUCTURE

(a) Under the general direction of the Chief of Police or designee, chaplains shall report
to the Senior Chaplain and/or shift sergeant.
(b) The Chief of Police shall make all appointments to the Chaplain Program, and will
designate a Senior Chaplain/Chaplain Commander.

Department
Chaplains
(c) The Senior Chaplain shall serve as the liaison between the Chaplain Unit and the Chief
of Police. He/she will arrange for meetings, act as chairman of all chaplain meetings,
prepare schedules, maintain records on all activities of the Chaplain Unit, coordinate
activities that may concern the members of the Chaplain Unit, and arrange for training
classes for chaplains.
336.9 OPERATIONAL GUIDELINES

(a) Chaplains will be scheduled to be on call for a period of seven days at a time during
each month, beginning on Monday and ending on the following Sunday.
(b) Chaplains shall be permitted to ride with officers during any shift and observe Brooklyn
Center Police Department operations, provided the shift sergeant has been notified
and has approved the activity.
(c) Chaplains shall not be evaluators of employees.
(d) In responding to incidents, a chaplain shall never function as an officer.
(e) When responding to in-progress calls for service, chaplains may be required to
standby in a secure area until the situation has been deemed safe.
(f) Chaplains shall serve only within the jurisdiction of the Brooklyn Center Police
Department unless otherwise authorized by the Chief of Police or designee.
336.9.1 UNIFORMS AND BADGES

A distinct uniform, identification, and the necessary safety equipment will be provided for the
chaplains. This uniform may be similar to that worn by the personnel of this department.

Department
Child and Dependent Adult Safety

This policy provides guidelines to ensure that children and dependent adults are not left without
appropriate care in the event their caregiver or guardian is arrested or otherwise prevented from
providing care due to actions taken by members of this department.
This policy does not address the actions to be taken during the course of a child abuse or
vulnerable adult investigation. These are covered in the Child Abuse and Adult Abuse.
337.2 POLICY
It is the policy of this department to mitigate, to the extent reasonably possible, the stressful
experience individuals may have when a parent or caregiver is arrested. The Brooklyn Center
Police Department will endeavor to create a strong cooperative relationship with local, state and
community-based social services to ensure an effective, collaborative response that addresses
the needs of those affected.
337.3 PROCEDURES DURING AN ARREST

When encountering an arrest or prolonged detention situation, officers should make reasonable
attempts to determine if the arrestee is responsible for children or dependent adults. In some
cases this may be obvious, such as when children or dependent adults are present. However,
officers should inquire if the arrestee has caregiver responsibilities for any children or dependent
adults who are without appropriate supervision. The following steps should be taken:
(a) Inquire about and confirm the location of any children or dependent adults.
(b) Look for evidence of children and dependent adults. Officers should be mindful that
some arrestees may conceal the fact that they have a dependent for fear the individual
may be taken from them.
(c) Consider inquiring of witnesses, neighbors, friends and relatives of the arrestee as to
whether the person is responsible for a child or dependent adult.
Whenever reasonably possible, officers should take reasonable steps to accomplish the arrest of
a parent, guardian or caregiver out of the presence of his/her child or dependent adult. Removing
children or dependent adults from the scene in advance of the arrest will generally ensure the
best outcome for the individual.
Whenever it is safe to do so, officers should allow the parent or caregiver to assure children or
dependent adults that they will be provided care. If this is not safe or if the demeanor of the parent
or caregiver suggests this conversation would be nonproductive, the officer at the scene should
explain the reason for the arrest in age-appropriate language and offer reassurance to the child
or dependent adult that he/she will receive appropriate care.
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Department
337.3.1 AFTER AN ARREST

Whenever an arrest is made, the officer should take all reasonable steps to ensure the safety of
the arrestee’s disclosed or discovered children or dependent adults.
Officers should allow the arrestee reasonable time to arrange for care of children and dependent
adults. Temporary placement with family or friends may be appropriate. However, any decision
should give priority to a care solution that is in the best interest of the child or dependent adult. In
such cases the following guidelines should be followed:
(a) Allow the person reasonable time to arrange for the care of children and dependent
adults with a responsible party, as appropriate.
1. Officers should consider allowing the person to use his/her cell phone to facilitate
arrangements through access to contact phone numbers, and to lessen the
likelihood of call screening by the recipients due to calls from unknown sources.
(b) Unless there is evidence to the contrary (e.g., signs of abuse, drug use, unsafe
environment), officers should respect the parent or caregiver’s judgment regarding
arrangements for care. It is generally best if the child or dependent adult remains
with relatives or family friends that he/she knows and trusts because familiarity with
surroundings and consideration for comfort, emotional state and safety are important.
1. Except when a court order exists limiting contact, the officer should attempt
to locate and place children or dependent adults with the non-arrested parent,
guardian or caregiver.
(c) Provide for the immediate supervision of children or dependent adults until an
appropriate caregiver arrives.
(d) Notify the county social services agency, if appropriate.
(e) Notify the field supervisor or Shift Sergeant of the disposition of children or dependent
adults.
If children or dependent adults are at school or another known location outside the household
at the time of arrest, the arresting officer should attempt to contact the school or other known
location and inform the principal or appropriate responsible adult of the caregiver’s arrest and of
the arrangements being made for the care of the arrestee’s dependent. The result of such actions
should be documented in the associated report.
337.3.2 DURING THE BOOKING PROCESS

During the booking process, the arrestee shall be allowed to make additional telephone calls to
relatives or other responsible individuals as is reasonably necessary to arrange for the care of any
child or dependent adult. These telephone calls should be given as soon as practicable and are
in addition to any other telephone calls allowed by law.
Department
If an arrestee is unable to resolve the care of any child or dependent adult through this process,
a supervisor should be contacted to determine the appropriate steps to arrange for care. These
steps may include additional telephone calls or contacting a local, county or state services agency.
337.3.3 REPORTING
(a) For all arrests where children are present or living in the household, the reporting
employee will document the following information:
1. Name
2. Sex
3. Age
4. How, where and with whom or which agency the child was placed
(b) For all arrests where dependent adults are present or living in the household, the
reporting employee should document the following information about the dependent
adult:
1. Name
2. Sex
3. Age
4. Whether he/she reasonably appears able to care for him/herself
5. Disposition or placement information if he/she is unable to care for him/herself
337.3.4 SUPPORT AND COUNSELING REFERRAL

If, in the judgment of the handling officers, the child or dependent adult would benefit from
additional assistance, such as counseling services, contact with a victim advocate or a crisis
telephone number, the appropriate referral information may be provided.
337.4 DEPENDENT WELFARE SERVICES

Whenever an arrestee is unwilling or incapable of arranging for the appropriate care of any child
or dependent adult, the handling officer should contact the appropriate welfare service or other
department-approved social service entity to determine whether protective custody is appropriate
(Minn. Stat. § 260C.007; Minn. Stat. § 260C.175 ).
Only when other reasonable options are exhausted should a child or dependent adult be
transported to the police facility, transported in a marked patrol car or taken into formal protective
custody.
Under no circumstances should a child or dependent adult be left unattended or without
appropriate care.
Department
337.5 TRAINING
The Training Sergeant is responsible to ensure that all personnel of this department who may be
involved in arrests affecting children or dependent adults receive approved training on effective
safety measures when a parent, guardian or caregiver is arrested.
Department
Service Animals
Service animals play an important role in helping to overcome the limitations often faced by people
with disabilities. The Brooklyn Center Police Department recognizes this need and is committed
to making reasonable modifications to its policies, practices and procedures in accordance with
Title II of the Americans with Disabilities Act (ADA) to permit the use of service animals that are
individually trained to assist a person with a disability.
338.1.1 DEFINITIONS
Service animal - A dog that is trained to do work or perform tasks for the benefit of an individual
with a disability, including a physical, sensory, psychiatric, intellectual or other mental disability.
The work or tasks performed by a service animal must be directly related to the individual's
disability (28 CFR 35.104).
Service animal also includes a miniature horse if the horse is trained to do work or perform tasks
for people with disabilities, provided the horse is housebroken, is under the handler’s control, the
facility can accommodate the horse’s type, size and weight, and the horse’s presence will not
compromise legitimate safety requirements necessary for safe operation of the facility (28 CFR
35.136(i)).
338.2 POLICY
It is the policy of the Brooklyn Center Police Department to provide services and access to persons
with service animals in the same manner as those without service animals. Department members
shall protect the rights of persons assisted by service animals in accordance with state and federal
law.
338.3 MEMBER RESPONSIBILITIES

Service animals that are assisting individuals with disabilities are permitted in all public facilities
and areas where the public is allowed. Department members are expected to treat individuals with
service animals with the same courtesy and respect that the Brooklyn Center Police Department
affords to all members of the public (see generally Minn. Stat. § 256C.02; Minn. Stat. § 363A.19).
338.3.1 REMOVAL
If an animal exhibits vicious behavior, poses a direct threat to the health of others or unreasonably
disrupts or interferes with normal business operations, an officer may direct the owner to remove
the animal from the premises. Barking alone is not a threat nor does a direct threat exist if the
person takes prompt, effective action to control the animal. Each incident must be considered
individually. Past incidents alone are not cause for excluding a service animal. Removal of a
service animal may not be used as a reason to refuse service to an individual with disabilities.
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Department
Service Animals
Members of this department are expected to provide all services as are reasonably available to
an individual with the disability.
338.3.2 INQUIRY
If it is apparent or if an officer is aware the animal is a service animal, the owner should not be
asked any questions as to the status of the animal. If it is unclear whether an animal meets the
definition of a service animal, the officer should ask the individual only the following questions:
• Is the animal required because of a disability?
• What task or service has the animal been trained to perform?
If the individual explains that the animal is required because of a disability and has been trained
to work or perform at least one task, the animal meets the definition of a service animal, and no
further question as to the animal’s status should be asked. The person should not be questioned
about his/her disabilities nor should the person be asked to provide any license, certification or
identification card for the service animal.
338.3.3 CONTACT
Service animals are not pets. Department members should not interfere with the important work
performed by a service animal by talking to, petting or otherwise initiating contact with a service
animal.
338.3.4 COMPLAINTS
When handling calls of a complaint regarding a service animal, members of this department
should remain neutral and should be prepared to explain the ADA requirements concerning service
animals to the concerned parties. Businesses are required to allow service animals to accompany
their owner into all areas that other customers or members of the public are allowed.
Absent a violation of law independent of the ADA, officers should take no enforcement action
beyond keeping the peace. Individuals who believe they have been discriminated against as a
result of a disability should be referred to the Civil Rights Division of the U.S. Department of Justice
or the Minnesota Department of Human Rights.
338.4 IDENTIFICATION AND USE OF SERVICE ANIMALS

Some service animals may be readily identifiable. However, many do not have a distinctive
symbol, harness or collar. Service animals are not pets and may be trained by an individual or
organization to assist people with disabilities.
Examples of the ways service animals may be used to provide assistance include:
• Guiding people who are blind or have low vision.
• Alerting people who are deaf or hard of hearing.
• Retrieving or picking up items, opening doors or flipping switches for people who have
limited use of their hands, arms or legs.
• Pulling wheelchairs.
Department
Service Animals
• Providing physical support and assisting with stability and balance.

• Doing work or performing tasks for persons with traumatic brain injury, intellectual
disabilities or psychiatric disabilities, such as reminding a person with depression to
take medication.
• Alerting a person with anxiety to the onset of panic attacks, providing tactile
stimulation to calm a person with post-traumatic stress disorder, assisting people with
schizophrenia to distinguish between hallucinations and reality, and helping people
with traumatic brain injury to locate misplaced items or follow daily routines.
Department
Volunteer Program
It is the policy of this department to use qualified volunteers for specified tasks and duties in order
to create efficiencies for the Department and improve services to the community. Volunteers are
intended to supplement and support, rather than supplant, licensed officers and civilian personnel.
Volunteers can be an important part of any organization and have proven to be a valuable asset
to law enforcement agencies. Volunteers help to increase department responsiveness, delivery
of services and information input, and provide new program opportunities. In addition, volunteers
bring new skills and expertise to the Department and prompt new enthusiasm.
339.1.1 DEFINITION OF VOLUNTEER

An individual who performs a service for the Department without promise, expectation or receipt of
compensation for services rendered. This may include unpaid chaplains, unpaid officers, interns,
persons providing administrative support and youth involved in a law enforcement Explorer Post,
among others.
339.1.2 VOLUNTEER ELIGIBILITY

Requirements for participation as a Brooklyn Center Police Department volunteer include:
(a) Residency in the City of Brooklyn Center, or approval of the Chief of Police.
(b) At least 18 years of age for all positions other than Explorer.
(c) At least 14 years of age for Explorer.
(d) A valid driver's license if the position requires vehicle operation.
(e) Liability insurance for any personally owned equipment or vehicles utilized during
volunteer work.
(f) No conviction of a felony, any crime of a sexual nature, any crime related to
assault, any crime related to dishonesty, or any crime related to impersonating a law
(g) No conviction of a misdemeanor or gross misdemeanor crime within the past 10 years,
excluding petty misdemeanor traffic offenses.
(h) The applicant must not have any mental illness or chemical dependency condition that
may adversely affect the person's ability to serve in the position.
(i) Physical requirements reasonably appropriate to the assignment.
(j) A personal background history and character suitable for a person representing the
Department, as validated by a background investigation.
The Chief of Police may apply exceptions for eligibility based on organizational needs and the
qualification of the individual.
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Department
Volunteer Program
339.2 VOLUNTEER MANAGEMENT
339.2.1 VOLUNTEER COORDINATOR

The function of the Volunteer Coordinator is to provide a central coordinating point for effective
volunteer management within the Department, and to direct and assist staff and volunteer efforts
to jointly provide more productive services. The Volunteer Coordinator or designee shall be
responsible for the following:
(a) Recruiting, selecting and training qualified volunteers for various positions.
(b) Maintaining records for each volunteer.
(c) Tracking and evaluating the contribution of volunteers.
(d) Maintaining the volunteer handbook and outlining expectations, policies and
responsibilities for all volunteers.
(e) Maintaining a record of volunteer schedules and work hours.
(f) Completion and dissemination as appropriate of all necessary paperwork and
information.
(g) Planning periodic recognition events.
(h) Administering discipline when warranted.
(i) Maintaining liaison with other volunteer-utilizing programs in the community and
assisting in community-wide efforts to recognize and promote volunteering.
339.2.2 RECRUITMENT
Volunteers should be recruited on a continuous and ongoing basis in accordance with department
policy on equal opportunity nondiscriminatory employment. A primary qualification for participation
in the application process should be an interest in, and an ability to assist the Department in
serving the public.
Requests for volunteers should be submitted in writing by interested staff to the Volunteer
Coordinator through the requester’s immediate supervisor. A complete position description and
a requested time frame should be included in the request. All parties should understand that the
recruitment of volunteers is enhanced by creative and interesting assignments. The Volunteer
Coordinator may withhold assignment of any volunteer until such time as the requesting unit is
prepared to make effective use of volunteer resources.
339.2.3 SCREENING
All prospective volunteers should complete the volunteer application form. The Volunteer
Coordinator or designee should conduct a face-to-face interview with the applicant.
A documented background investigation shall be completed on each volunteer applicant and shall
include, but not necessarily be limited to, the following:
(a) Traffic and criminal background check
Department
Volunteer Program
(b) Employment
(c) References
A volunteer whose assignment requires the use of, access to or places him/her in the vicinity of
criminal histories, investigative files or information portals, shall require submission of prints and
clearance through the Bureau of Criminal Apprehension (BCA).
339.2.4 SELECTION AND PLACEMENT

Service as a volunteer shall begin with an official notice of acceptance or appointment to a
volunteer position. Notice may only be given by an authorized representative of the Department,
who will normally be the Volunteer Program Manager. No volunteer should begin performance of
any position until he/she has been officially accepted for that position and completed all necessary
screening and paperwork. At the time of final acceptance, each volunteer should complete all
necessary enrollment paperwork and will receive a copy of the job description and agreement of
service with the Department. All volunteers shall receive a copy of the volunteer handbook and
shall be required to sign a volunteer agreement.
Volunteers should be placed only in assignments or programs that are consistent with their
knowledge, skills, abilities and the needs of the Department.
339.2.5 TRAINING
Volunteers will be provided with an orientation program to acquaint them with the Department,
personnel, policies, and procedures that have a direct impact on their work assignment.
Volunteers should receive position-specific training to ensure they have adequate knowledge and
skills to complete tasks required by the position, and should receive periodic ongoing training as
deemed appropriate by their supervisor or the volunteer coordinator.
Depending on the assignment, training may include:
(a) Role of the volunteer.
(b) Department policies.
(c) Training specific to the procedure manual for the volunteer position.
(d) Discrimination and harassment training.
(e) CPR/first aid.
(f) CERT/Citizens Emergency Response Training.
(g) Search and rescue techniques.
(h) Scenario-based searching methods.
(i) Evidence preservation.
(j) Basic traffic direction and control.
(k) Roadway incursion safety.
Department
Volunteer Program
(l) Self-defense techniques.

(m) Vehicle operations, including specialized vehicles.
Training should reinforce to volunteers that they should not intentionally represent themselves as,
or by omission infer that they are, licensed officers or other full-time members of the Department.
They shall always represent themselves as volunteers.
All volunteers shall comply with the rules of conduct and with all orders and directives, either oral
or written, issued by the Department. Whenever a rule, regulation, or guideline in this manual
refers to a licensed officer, it shall also apply to a volunteer unless by its nature it is inapplicable.
339.2.6 FITNESS FOR DUTY

No volunteer shall report to work or be on-duty when his/her judgment or physical condition has
been impaired by alcohol, medication, other substances, illness or injury.
Volunteers shall report to their supervisor any changes in status that may affect their ability to fulfill
their duties. This includes, but is not limited to, the following:
(a) Driver's license
(b) Medical condition
(c) Arrests
(d) Criminal investigations
(e) All law enforcement contacts
All volunteers shall adhere to the guidelines set forth by this department regarding drug and alcohol
use.
339.2.7 DRESS CODE

As representatives of the Department, volunteers are responsible for presenting a professional
image to the community. Volunteers shall dress appropriately for the conditions and performance
of their duties.
Volunteers shall conform to approved dress consistent with their duty assignment. Uniforms
authorized for volunteers should be readily distinguishable from those worn by licensed officers.
No volunteer shall wear his/her uniform or identifiable parts of that uniform while off-duty.
Volunteers shall be required to return any issued uniform or department property at the termination
of service.
339.3 SUPERVISION OF VOLUNTEERS

Each volunteer who is accepted to a position with the Department must have a clearly identified
supervisor who is responsible for direct management of that volunteer. This supervisor will be
responsible for day-to-day management and guidance of the work of the volunteer, and should
be available to the volunteer for consultation and assistance.
Department
Volunteer Program
A volunteer may be assigned as, and act as, a supervisor of other volunteers provided that the
supervising volunteer is under the direct supervision of a paid staff member.
Functional supervision of volunteers is the responsibility of the supervisor in charge of the unit
where the volunteer is assigned. Following are some considerations to keep in mind while
supervising volunteers:
(a) Take the time to introduce volunteers to employees on all levels.
339.4 DATA PRACTICES

With appropriate security clearance, volunteers may have access to private and confidential
information, such as criminal histories or investigative files. Unless otherwise directed by a
supervisor, the duties of the position or department policy, all information shall be considered
confidential. Only that information specifically identified and approved by authorized personnel
shall be released. Confidential information shall be given only to persons who have a need and a
right to know as determined by department policy and supervisory personnel.
Each volunteer will receive training in data practices and be required to sign a nondisclosure
agreement before being given an assignment with the Department. Subsequent unauthorized
disclosure of any private or confidential information, verbally, in writing or by any other means, by
the volunteer is grounds for immediate dismissal and possible criminal prosecution.
Volunteers shall not address public gatherings, appear on radio or television, prepare any article
for publication, act as correspondents to a newspaper or other periodical, release or divulge
any information concerning the activities of the Department, or maintain that they represent the
Department in such matters without permission from the proper department personnel.
339.5 PROPERTY AND EQUIPMENT

Volunteers will not operate City-owned vehicles without the approval of the Chief of Police.
339.5.1 VEHICLE USE

Volunteers assigned to duties such as vacation house checks or other assignments that require
the use of a vehicle must first complete the following:
(a) A driving safety briefing.
(b) Verification that the volunteer possesses a valid driver’s license.
(c) Verification that the volunteer carries current vehicle insurance.
The Volunteer Coordinator should ensure that all volunteers receive safety briefing updates and
license and insurance verification at least once a year.
When operating a Department vehicle, volunteers shall obey all rules of the road, including seat
belt requirements.
Volunteers should not operate a marked patrol car unless there is a prominently placed sign
indicating that it is out of service and is being operated for maintenance purposes only; that it is
Department
Volunteer Program
operated during a POST-approved skills course; that it is being used to transports prisoners or
equipment; or is being used to provide supplementary assistance under the direction of an on-
duty licensed officer (Minn. Stat. § 169.98 Subd. 1b. Volunteers are not authorized to operate a
Department vehicle under emergency conditions (lights and siren).
339.5.2 RADIO AND MDC USAGE

Volunteers shall successfully complete state and federal database access training and radio
procedures training prior to using the law enforcement radio or MDT and shall comply with all
related provisions. The Volunteer Coordinator should ensure that radio and database access
training is provided for volunteers whenever necessary.
339.6 DISCIPLINARY PROCEDURES/TERMINATION

A volunteer may be removed from the volunteer program at the discretion of the Chief of Police
or the Volunteer Coordinator. Volunteers shall have no property interests in their continued
appointment.
Volunteers may resign from volunteer service with this department at any time. It is requested
that volunteers who intend to resign provide advance notice of their departure and a reason for
their decision.
339.6.1 EXIT INTERVIEWS

Exit interviews, where possible, should be conducted with volunteers who are leaving their
positions. The interview should ascertain why the volunteer is leaving the position and solicit the
volunteer’s suggestions on improving the position. When appropriate, the interview should also
include a discussion on the possibility of involvement in some other capacity with the Department.
339.7 EVALUATION
An evaluation of the overall volunteer program will be conducted on an annual basis by the
Volunteer Coordinator. Regular evaluations should be conducted with volunteers to ensure the
best use of human resources available, to ensure personnel problems can be identified and dealt
with promptly and fairly and to ensure optimum job satisfaction on the part of volunteers.
339.8 EMERGENCY CALL-OUT FOR VOLUNTEER PERSONNEL

The Volunteer Coordinator shall develop a plan outlining an emergency call-out procedure for
volunteer personnel.
Department
Native American Graves Protection and

Repatriation
This policy is intended ensure the protection and security of ancient or historic grave sites,
including notification of personnel responsible for cultural items, in compliance with the Native
American Graves Protection and Repatriation Act (NAGPRA) (25 USC § 3001 et seq.).
340.1.1 DEFINITIONS
Definitions related to this policy include (43 CFR 10.2):
Funerary objects and associated funerary objects - Objects that, as part of the death rite or
ceremony of a culture, are reasonably believed to have been placed intentionally at the time of
death or later with or near individual human remains, or that were made exclusively for burial
purposes or to contain human remains.
Native American human remains - The physical remains of the body of a person of Native
American ancestry.
Objects of cultural patrimony - Objects having ongoing historical, traditional or cultural
importance that is central to the Native American group or culture itself and therefore cannot be
appropriated or conveyed by any individual, including members of the Native American group or
Native Hawaiian organization. Such objects must have been considered inalienable by the Native
American group at the time the object was separated from the group.
Sacred objects - Specific ceremonial objects needed by traditional Native American religious
leaders for the practice of traditional Native American religions.
340.2 POLICY
It is the policy of the Brooklyn Center Police Department that the protection of Native American
human remains, funerary objects, associated funerary objects, sacred objects or objects of cultural
patrimony is the responsibility of all members. Such protection includes minimizing destruction,
contamination, inadvertent disruption or complicated custody transfer processes.
340.3 COMPLIANCE WITH THE NATIVE AMERICAN GRAVES PROTECTION AND

REPATRIATION ACT
Upon discovery or arrival upon a scene where it reasonably appears that a Native American grave,
human remains, funerary objects, associated funerary objects, sacred objects or objects of cultural
patrimony are exposed or otherwise unsecured, members shall secure the site in the same manner
as a crime scene. All activity at the scene, other than scene preservation activity, must cease (43
CFR 10.4).
No photography or video recording may be permitted by the media or any group or individual who
may wish to exhibit the remains.
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Native American Graves Protection and Repatriation
Without delay, the appropriate agency or group shall be notified to respond and take control of
the scene. These include the following (43 CFR 10.4):
• Federal land - Appropriate agency at the U.S. Department of the Interior.
• State land - State archaeologist (Minn. Stat. § 307.08, Subd. 7)
• Tribal land - Responsible Indian tribal official.
340.4 EVIDENCE AND PROPERTY

If the location has been investigated as a possible homicide scene prior to identification as a
NAGPRA site, investigators shall work with other appropriate agencies and individuals to ensure
the proper transfer and repatriation of any material collected. Members shall ensure that any
remains or artifacts located at the site are expediently processed (43 CFR 10.6).
340.5 BURIAL GROUNDS

All human burials, human remains and human burial grounds shall be afforded equal treatment
and respect for human dignity, regardless of ethnic origins, cultural backgrounds or religious
affiliations (Minn. Stat. § 307.08, Subd. 1).
This department shall cooperate with other government agencies, the Minnesota Office of the
State Archaeologist and the Minnesota Indian Affairs Council to carry out any provisions of state
law (Minn. Stat. § 307.08, Subd. 9).
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Off-Duty Law Enforcement Actions

The decision to become involved in a law enforcement action when off-duty can place an officer
as well as others at great risk and must be done with careful consideration. This policy is intended
to provide guidelines for officers of the Brooklyn Center Police Department with respect to taking
law enforcement action while off-duty.
341.2 POLICY
Officers generally should not initiate law enforcement action while off-duty. Officers should
not attempt to initiate enforcement action when witnessing minor crimes, such as suspected
intoxicated drivers, reckless driving or minor property crimes. Such incidents should be promptly
reported to the appropriate law enforcement agency.
When the safety of the public or the prevention of major property damage requires immediate
action, officers should first consider reporting and monitoring the activity and only take direct action
as a last resort.
Officers are not expected to place themselves in unreasonable peril. However, any licensed
member of this department who becomes aware of an incident or circumstance that he/she
reasonably believes poses an imminent threat of serious bodily injury or death or significant
property damage may take reasonable action to minimize the threat.
341.3 FIREARMS
Officers of this department may carry firearms while off-duty in accordance with federal
regulations, state law and department policy. All firearms and ammunition must meet guidelines
as described in the Firearms Policy. When carrying firearms while off-duty, officers shall also carry
their department-issued badge and identification.
Officers should refrain from carrying firearms when the consumption of alcohol is likely or when
the need to carry a firearm is outweighed by safety considerations. Firearms shall not be carried
by any officer who has consumed an amount of an alcoholic beverage or taken any drugs that
would tend to adversely affect the officer’s senses or judgment.
341.4 DECISION TO INTERVENE

There is no legal requirement for off-duty officers to take law enforcement action. However, should
officers decide to intervene, they must evaluate whether the action is necessary or desirable, and
should take into consideration:
(a) The tactical disadvantage of being alone, and the fact there may be multiple or hidden
suspects.
(b) The inability to communicate with responding units.
(c) The lack of equipment, such as handcuffs, chemical restraint, or a baton.
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Department
Off-Duty Law Enforcement Actions
(d) The lack of cover.

(e) The potential for increased risk to bystanders if the off-duty officer were to intervene.
(f) Unfamiliarity with the surroundings.
(g) The potential for the off-duty officer to be misidentified by other peace officers or
members of the public.
Officers should consider waiting for on-duty uniformed officers to arrive, and gather as much
accurate intelligence as possible instead of immediately intervening.
341.4.1 INTERVENTION PROCEDURE

If involvement is reasonably necessary, the officer should attempt to call or have someone else call
9-1-1 to request immediate assistance. The operator should be informed that an off-duty officer
is on-scene and should be provided a description of the officer if reasonably possible.
Whenever reasonably practicable, the officer should loudly and repeatedly identify him/herself as
a Brooklyn Center Police Department officer until acknowledged. Official identification should also
be displayed.
341.4.2 INCIDENTS OF PERSONAL INTEREST

Officers should refrain from handling incidents of personal interest (e.g., family or neighbor
disputes) and should remain neutral. In such circumstances, officers should call the responsible
agency to handle the matter.
341.4.3 CIVILIAN RESPONSIBILITIES

Non-sworn personnel should not become involved in any law enforcement actions while off duty,
except to notify the local law enforcement authority and remain at the scene, if safe and reasonably
practicable.
341.4.4 OTHER CONSIDERATIONS

When encountering a non-uniformed officer in public, uniformed officers should wait for
acknowledgement by the non-uniformed officer in case he/she needs to maintain an undercover
capability.
341.5 REPORTING
Officers should cooperate fully with the agency having jurisdiction in providing statements or
reports, as requested or as appropriate.
When an officer becomes physically involved in the event, an on-duty sergeant or
the duty command officer shall be notified as soon as practical.
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Department
Medicine Collection Program

343.1 PURPOSE
The purpose of this policy is to establish guidelines whereby citizens can safely dispose of
unwanted, unused, or expired medicines that can present a substantial risk to the community by
either falling into the wrong hands, or by damaging our environment through improper disposal.
343.2 POLICY
It is the policy of the Brooklyn Center Police Department to install a secure medicine drop box in the
main lobby of the police department where unwanted medication may be turned in anonymously.
The area surrounding the medicine drop box will remain under continuous video surveillance. This
service is provided free of charge to citizens and is not intended to be used by businesses, clinics,
healthcare facilities, pharmacies, pharmaceutical representatives, doctors' offices or veterinary
clinics. Medications will be secured and transported to the Hennepin Energy Recovery Center
(HERC), or any other legally designated location, for destruction.
343.3 DEFINITIONS
Acceptable Medicines - Prescriptions (including controlled substances), ointments, patches,
over-the-counter, vitamins and supplements, samples, and pet medicines can be brought in by
residents in either their original containers or in other non-leaking containers. Labels on medicines
are not required.
Unacceptable Medicines - Sharps, needles, syringes, IV bags, thermometers. Medicines
from businesses and clinics including healthcare facilities, pharmacies, pharmaceutical
representatives, doctors' offices or veterinary clinics will not be accepted.
Program Coordinator - A Brooklyn Center Police Department Sergeant, and/or any other
department personnel designated by the Chief of Police, will be assigned as the person
responsible for the overall administration of the Medication Collection Program.
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Department
Medicine Collection Program
343.4 PROCEDURES
(a) The Sergeant and/or any other person designated by the Chief of Police will check
and maintain the medicine drop box a minimum of once a week or as needed. During
these inspections a two-person rule will apply consisting of the Program Coordinator
and an employee of his/her choosing.
(b) Proper safety precautions, including the use of appropriate personal protective
equipment will be utilized when handling or collecting pharmaceutical waste.
(c) Retrieval will consist of removing the medicines from the drop box and sealing it with
tape in the proper plastic lined cardboard container. Both employees will sign the tape
along with the date, time of collection, sealed-box weight, and incident number.
(d) An incident number for Found Property will be generated. A written incident report
will be completed by the collecting officer that will include the date, time time the
medicine was collected, and sealed-box weight. Data will also be kept on the report
and pharmaceutical waste log.
(e) Collected unsorted medicines should be transported to the Hennepin Energy
Recovery Center (HERC), or any other legally designated location, by a sworn law
enforcement personnel and all packaging will be secured and/or monitored at all times.
Monitoring may be done through the continuous use of Body-worn cameras, squad-
mounted cameras or both.
(f) All collected medicines will be stored in the secure property inventory room until
transported for destruction.
(g) The collection and management of the medicine collection program will meet all state
and federal guidelines.
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Department
Response to Drug Overdoses

In order to provide a clear and consistent response, the Brooklyn Center Police Department has
adopted the following guidelines when responding to suspected drug overdoses (non-fatal and
fatal). Along with providing a consistent response it is also the goal of the Brooklyn Center Police
Department to treat all overdoses as potential criminal investigations until determined otherwise.
344.1.1 DEFINITIONS
Drug Related Overdose - Any acute condition, including mania, hysteria, extreme physical
illness, or coma, resulting from the consumption or use of a controlled substance, or another
substance with which a controlled substance was combined, and that a person would reasonably
believe to be a drug overdose that requires immediate medical attention.
344.2 POLICY
When responding to all medicals and suspected overdoses, officers should place a priority on
employing life saving measures consistent with their training and department policies. In order
to ensure that all available resources are utilized a supervisor shall respond to the scene of all
suspected overdoses, if available.
344.3 VICTIM INFORMATION

When responding to overdoses officers should attempt to voluntarily obtain the following
information regarding the victim(s):
• Their full name and contact information to include current telephone number(s) and
address(es).
• Information about the drug they used (how much they used, how often they use it,
how they administer the drug, etc.).
• Who did they get the drug from? Including any street names of suppliers.
• Contact information regarding their supplier (phone number(s), vehicle information,
street address(es), social media information, frequency in which they buy from this
person, etc.).
• What medical facility the victim(s) were transported to and by whom.
• Officers should also document in their reports the results of any life-saving measures
such as CPR, AED or Narcan usage and their effect on the victim(s).
• Officers should document in their reports any noticeable trauma on the victim(s) and
additional observations such as needle marks, injuries, bruising or bleeding.
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Department
• If the victim(s) dies at the hospital, investigative staff will coordinate with the Medical
Examiner's Office to retrieve any of the victim(s) personal property that may be of
evidentiary value.
If the victim is unable or unwilling to provide detailed information, officers should attempt to obtain
a name and telephone information from the victim(s) so an investigator may attempt to obtain a
voluntary statement later.
344.4 911 CALLER AND WITNESS INFORMATION

Officers should interview any 9-1-1 callers and all available witnesses to obtain the following
information:
• Name and contact information of all callers/witnesses.
• Observations of the victim(s) behavior prior to the overdose.
• Any information related to where and who the victim(s) obtained the drugs from (see
previously listed victim questions).
• Any information on other narcotics (prescribed and non-prescribed) the victim may
have taken and in what amounts.
• Did anyone else use the same narcotics?
• In the event that the incident occurred in a public place, officers should attempt to
obtain a statement from additional identified witnesses who may have left the scene.
• Victim's drug history, rehabilitation efforts and method of ingestion.
• Without disclosing the drug that caused the overdose, determine what friends and
family thought the victim(s) knew what he/she was using.
• What is the impression of friends and family regarding the victim(s) drug of choice
(help determine whether victim(s) knew what he/she was using).
• What is the witness' knowledge of victim's financial situation, employment, personal
affairs, etc.? This information will help determine the possibility of an intentional vs.
accidental overdose.
The Minnesota Good Samaritan Law (Minn. Stat 604A.05) provides immunity for any person, who
summons medical assistance for someone suffering from a "drug-related overdose" so long as
the person provides their full name, stays on scene and cooperates with authorities. Immunity is
provided up to a 2nd Degree Controlled Substance Crime.
344.5 CRIME SCENE AND EVIDENCE COLLECTION

Officers should make every attempt to document and collect evidence relevant to the investigation
pursuant to department policies. Potential evidence should include but is not limited to:
• Any illegal controlled substances, including any special packaging or markings on the
narcotics.
Department
• Any drug paraphernalia at the scene.

• Document the presence of any other medications at the scene.
• In most non-fatal cases cell phones may not be seized without the consent of the
victim. If necessary, attempt to obtain consent to retrieve useful data from cell phones
and any other electronic devices. If it is suspected that the phone contains evidence
of the crime of possession or distribution of a controlled substance, cellular phones
should be collected as evidence and the evidentiary value can be assessed at a later
time.
• If necessary, contact the on-call detective and DTF investigator to obtain a search
warrant for the premise and associated vehicle(s).
344.5.1 FATAL OVERDOSES

In the event of a fatal overdose, officers/detectives should employ the following measures in order
to preserve the crime scene and evidence:
• When reasonable to do so, and without disturbing the crime scene, attempt to obtain
preliminary photographs via department issued cameras of the scene and evidence.
• Contact HCCL and the Hennepin County Medical Examiner for processing of the crime
scene.
• HCCL will process and package suspected narcotics and paraphernalia, and sign
those items over to the Brooklyn Center Police Department. These items will be sent
to the MN BCA for testing.
• Collect all available cell phones in addition to obtaining pass codes (if possible), the
owner(s) information, cell phone number and provider.
• Officers/Detectives must communicate with HCCL and Medical Examiner staff
regarding what evidence they will collect vs. what evidence Brooklyn Center Police
Department staff will collect.
Note: Medical Examiner staff will not collect drug evidence.
344.6 CASE HANDLING PROCEDURES

The following section will outline the follow-up response to the initial investigation:
• All suspected non-fatal drug overdoses will be forwarded to the Investigative
Commander for review.
• In all non-fatal cases the DTF investigator will attempt to follow-up on information
obtained from the voluntary statements given by the victim(s). In the event the victim(s)
did not provide a voluntary statement the assigned investigator will attempt to contact
the victim(s) in order to obtain a statement.
• In non-fatal cases if there is immediate follow-up that can be completed the DTF
investigator shall be contacted. If the DTF investigator is unavailable the on-call
detective should be contacted. Immediate follow-up may include, but is not limited to:
o Immediate ability to recover additional narcotics at other locations.
Department
o Immediate ability to locate and arrest any drug suppliers related to the
investigation.
o Potential to lose further cooperation of any victims or witnesses.
o Cooperation of witnesses or other evidence recovered that may lead to
the immediate identification and location of the supplier(s) who may have
contributed to the death (if applicable).
o Any arrests made by officers related to the investigation (excluding warrant
arrests; if applicable).
• Fatal overdoses will be jointly run by the Investigative Division and the DTF investigator
with detectives focusing on the circumstances and causes surrounding the death (if
applicable) and DTF focusing on the identification and location of any supplier(s).
All non-fatal overdoses shall be classified as MEDOD Medical Overdose.
Any instances of fatal overdoses should primarily be considered a death investigation with a
narcotics investigation being secondary. Response to fatal overdoses should include all instances
where the victim(s) dies on scene as a result of the overdose or dies after being transported to
the hospital.
Department
Chapter 4 - Patrol Operations
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Department
Patrol Function
The purpose of this policy is to define the functions of the patrol unit of the Department to ensure
intra-organization cooperation and information sharing.
400.1.1 FUNCTION
Officers will generally patrol in clearly marked vehicles, patrol assigned jurisdictional areas of
Brooklyn Center, respond to calls for assistance, act as a deterrent to crime, enforce state, local
and, when authorized or empowered by agreement or statute, federal laws, and respond to
emergencies 24 hours per day, 7 days per week.
Patrol will generally provide the following services within the limits of available resources:
(a) Patrol that is directed at the prevention of criminal acts, traffic violations and collisions,
the maintenance of public order, and the discovery of hazardous situations or
conditions.
(b) Crime prevention activities, such as residential inspections, business inspections, and
community presentations.
(c) Calls for service, both routine and emergency.
(d) Investigation of both criminal and non-criminal acts.
(e) The apprehension of criminal offenders.
(f) Community Oriented Policing and problem-solving activities, such as citizen assists
and individual citizen contacts of a positive nature.
(g) The application of resources to specific problems or situations within the community
that may be improved or resolved by Community Oriented Policing and problem-
solving strategies.
The sharing of information between the Patrol and other divisions within the
Department, as well as other government agencies.
(h) Traffic direction and control.
400.1.2 TERRORISM
It is the goal of the Brooklyn Center Police Department to make every reasonable effort to
accurately and appropriately gather and report any information that may relate to either foreign
or domestic terrorism. Officers should advise a supervisor as soon as practicable of any activity
believed to be terrorism related and should document such incidents with a written report. The
supervisor should ensure that all terrorism-related reports are forwarded to the Investigations
Division Supervisor in a timely fashion.
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Department
Patrol Function
400.2 PATROL INFORMATION SHARING PROCEDURES

The following guidelines are intended to develop and maintain intra-organization cooperation and
information flow between the various divisions of the Brooklyn Center Police Department.
400.2.1 CRIME ANALYSIS UNIT

The Crime Analysis Unit will be the central unit for information exchange. Criminal information
and reports can be submitted to the Support Services for distribution to all divisions within the
Department.
400.2.2 CRIME REPORTS

A crime report may be completed by any patrol officer who receives criminal information. The
report will be processed and forwarded to the appropriate division for retention or follow-up
investigation.
400.2.3 PATROL BRIEFINGS

Patrol supervisors, detectives, and officers assigned to other assignments are encouraged to
share information as much as reasonably possible. All supervisors and/or officers will be provided
an opportunity to share information through daily patrol briefings as time permits.
400.3 CROWDS, EVENTS AND GATHERINGS

Officers may encounter gatherings of people, including but not limited to, civil demonstrations,
civic, social and business events, public displays, parades, and sporting events. Officers should
monitor such events as time permits in an effort to keep the peace and protect the safety and rights
of those present. A patrol supervisor should be notified when it becomes reasonably foreseeable
that such an event may require increased monitoring, contact, or intervention.
Officers responding to an event or gathering that warrants law enforcement involvement should
carefully balance the speech and association rights of those present with applicable public safety
concerns before taking enforcement action. Officers are encouraged to contact organizers or
responsible persons to seek voluntary compliance that may address relevant public safety/order
concerns.
Officers should consider enforcement of applicable state and local laws, when the activity blocks
the entrance or egress of a facility or location, and when voluntary compliance with the law is not
achieved.
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Department
Racial- or Bias-Based Profiling

This policy provides guidance to department members that affirms the Brooklyn Center Police
Department 's commitment to policing that is fair and objective.
Nothing in this policy prohibits the use of specified characteristics in law enforcement activities
designed to strengthen the department’s relationship with its diverse communities (e.g., cultural
and ethnicity awareness training, youth programs, community group outreach, partnerships).
401.1.1 DEFINITIONS
Bias-based policing - An inappropriate reliance on characteristics such as race, ethnicity,
national origin, religion, sex, sexual orientation, gender identity or expression, economic status,
age, cultural group, disability or affiliation with any non-criminal group (protected characteristics)
as the basis for providing differing law enforcement service or enforcement.
This includes use of racial or ethnic stereotypes as factors in selecting whom to stop and search.
It does not include law enforcement’s use of race or ethnicity to determine whether a person
matches a specific description of a particular subject (Minn. Stat. § 626.8471).
401.2 POLICY
The Brooklyn Center Police Department is committed to providing law enforcement services to
the community with due regard for the racial, cultural or other differences of those served. It is
the policy of this department to provide law enforcement services and to enforce the law equally,
fairly, objectively and without discrimination toward any individual or group (Minn. Stat. § 626.8471,
Subd. 3).
401.3 BIAS-BASED POLICING PROHIBITED

Bias-based policing is strictly prohibited.
However, nothing in this policy is intended to prohibit an officer from considering protected
characteristics in combination with credible, timely and distinct information connecting a person or
people of a specific characteristic to a specific unlawful incident, or to specific unlawful incidents,
specific criminal patterns or specific schemes.

Every member of this department shall perform his/her duties in a fair and objective manner and
is responsible for promptly reporting any suspected or known instances of bias-based policing to
a supervisor. Members should, when reasonable to do so, intervene to prevent any biased-based
actions by another member.
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Department
401.4.1 REASON FOR CONTACT

Officers contacting a person shall be prepared to articulate sufficient reason for the
contact, independent of the protected characteristics of the individual.
To the extent that written documentation would otherwise be completed (e.g., arrest report), the
involved officer should include those facts giving rise to the contact, as applicable.
Except for required data-collection forms or methods, nothing in this policy shall require any officer
to document a contact that would not otherwise require reporting.
401.4.2 INFORMATION TO BE PROVIDED

Officers shall (Minn. Stat. § 626.8471, Subd. 3):
(a) Introduce or identify themselves and state the reason for a contact as soon as
practicable unless providing the information could compromise officer or public safety.
(b) Attempt to answer questions the person may have regarding the contact, including
relevant referrals to other agencies when appropriate.
(c) Explain the reason for the contact if it is determined the reasonable suspicion was
unfounded.
(d) When requested, provide their name and badge number and identify this department
during routine stops.
(e) When requested, officers should inform a member of the public of the process
to file a misconduct complaint for bias-based policing against a member of the
Department, and that bias-based policing complaints may be made by calling the
Attorney General’s office (Minn. Stat. § 626.9514).

Supervisors should monitor those individuals under their command for compliance with this policy
and shall handle any alleged or observed violations in accordance with the Personnel Complaints
Policy.
(a) Supervisors should discuss any issues with the involved officer and his/her supervisor
in a timely manner.
1. Supervisors should document these discussions, in the prescribed manner.
(b) Supervisors should periodically review MAV recordings, portable audio/video
recordings, Mobile Digital Computer (MDC) data and any other available resource
used to document contact between officers and the public to ensure compliance with
this policy.
1. Supervisors should document these periodic reviews.
2. Recordings that capture a potential instance of bias-based policing should be
appropriately retained for administrative investigation purposes.
Department
(c) Supervisors shall initiate investigations of any actual or alleged violations of this policy.
(d) Supervisors should take prompt and reasonable steps to address any retaliatory action
taken against any member of this department who discloses information concerning
bias-based policing.
401.6 ADMINISTRATION
Each year, the Patrol Division Commander shall review the efforts of the Department to prevent
racial- or bias-based profiling.
401.7 TRAINING
Training on fair and objective policing and review of this policy should be conducted as directed
by the training coordinator.
The Chief of Police and supervisors should receive and review training materials prepared by the
Board of Peace Officer Standards and Training (POST) (Minn. Stat. § 626.8471, Subd. 7).
Department
Roll Call Training

Roll Call training is generally conducted at the beginning of the officer's assigned shift. Roll Call
provides an opportunity for important exchange between employees and supervisors. A supervisor
generally will conduct Roll Call. However, officers may conduct Roll Call in the absence of a
supervisor or for training purposes with supervisor approval.
Roll Call should accomplish, at a minimum, the following basic tasks:
(a) Briefing officers with information regarding daily patrol activity, with particular attention
given to unusual situations and changes in the status of wanted persons, stolen
vehicles and major investigations.
(b) Notifying officers of changes in schedules and assignments.
(c) Notifying officers of new Departmental Directives or changes in Departmental
Directives.
(d) Reviewing recent incidents for training purposes.
(e) Providing training on a variety of subjects.
402.2 PREPARATION OF MATERIALS

The supervisor conducting Roll Call, or the officer if the supervisor is unable to participate in a
group briefing session, is responsible for collection and preparation of the materials necessary for
a constructive briefing. Supervisors may delegate this responsibility to a subordinate officer in his/
her absence or for training purposes.
402.3 RETENTION OF BRIEFING TRAINING RECORDS

Roll Call training materials and a curriculum or summary shall be forwarded to the Training
Sergeant for inclusion in training records as appropriate.
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Department
Crime and Disaster Scene Integrity

The purpose of this policy is to provide guidance in handling a major crime or disaster.
403.2 CRIME SCENE RESPONSIBILITIES

The first officer at the scene of a crime or major incident is generally responsible for the
preservation of the scene. Officers shall also consider officer safety and public safety issues,
including rendering medical aid to any injured parties. Once an officer has assumed or been
assigned to maintain the integrity of the crime/disaster scene, it shall be maintained until the officer
is relieved by a supervisor.
403.2.1 FIRST RESPONDER CONSIDERATIONS

The following list generally describes the first responder's function at a crime or disaster scene.
This list is not intended to be all-inclusive, is not necessarily in order, and may be altered according
to the demands of each situation:
(a) Ensure no suspects are still in the area.
(b) Broadcast emergency information including all requests for additional assistance.
(c) Provide first aid to injured parties if it can be done safely.
(d) Secure the inner perimeter with crime scene tape.
(e) Protect items of apparent evidentiary value.
(f) Start a chronological log noting critical times and personnel allowed access.
403.2.2 EXECUTION OF HEALTH ORDERS

Any licensed member of this department may assist in the enforcement of all directives of the
local health officer issued for the purpose of preventing the spread of any contagious, infectious,
or communicable disease (Minn. Stat. § 144.4195 Subd. 2).
403.3 SEARCHES AT CRIME OR DISASTER SCENES

Officers arriving at crime or disaster scenes are often faced with the immediate need to search
for and render aid to victims and to determine if suspects are present and pose a threat. Once
officers are satisfied that no additional suspects are present and/or there are no injured persons
to be treated, those exigent circumstances will likely no longer exist. Officers should thereafter
secure the scene and conduct no further search until proper authority for the search is obtained.
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Department
Emergency Operations Unit

The Emergency Operations Unit (EOU) is comprised of two specialized teams: the Crisis
Negotiation Team (CNT) and the Special Weapons and Tactics team (SWAT). The unit has
been established to provide specialized support in handling critical field operations where intense
negotiations and/or special tactical deployment methods beyond the capacity of field officers
appear to be necessary.
404.1.1 OPERATIONAL AND ADMINISTRATIVE POLICY

The Policy Manual sections pertaining to the Emergency Operations Unit are divided into
Administrative and Operational Policy and Procedures. Since situations that necessitate the need
for such a law enforcement response vary greatly from incident to incident and such events often
demand on-the-scene evaluation, the Operational Policy outlined in this manual section serves
as a guideline to department personnel, allowing for appropriate on-scene decision-making as
required. The Administrative Procedures, however, are more restrictive and few exceptions should
be taken.
404.1.2 SWAT TEAM DEFINED

SWAT team - A designated unit of law enforcement officers, including a multi-jurisdictional team,
that is specifically trained and equipped to work as a coordinated team to resolve critical incidents
that are so hazardous, complex or unusual that they may exceed the capabilities of first responders
or investigative units. This includes, but is not limited to, hostage taking, barricaded suspects,
snipers, terrorist acts and other high-risk incidents. As a matter of department policy, such a unit
may also be used to serve high-risk warrants, both search and arrest, where public and officer
safety issues warrant the use of such a unit.
404.2 LEVELS OF CAPABILITY/TRAINING
404.2.1 LEVEL I
Level I SWAT team - Is a basic team capable of providing containment and intervention with
critical incidents that exceed the training and resources available to line-level officers. This does
not include ad hoc teams of officers that are formed around a specific mission, detail or incident
(e.g. active shooter response). Generally 5 percent of the basic team’s on-duty time should be
devoted to training.
404.2.2 LEVEL II
Level II SWAT team - Is an intermediate level team capable of providing containment and
intervention. These teams possess tactical capabilities above the Level I teams. These teams
may or may not work together on a daily basis, but are intended to respond to incidents as a team.
At least 5 percent of their on-duty time should be devoted to training, with supplemental training
for tactical capabilities above the Level I team.
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Department
404.2.3 LEVEL III

Level III SWAT team - Is an advanced level team whose personnel function as a full-time unit.
Generally 25 percent of their on-duty time is devoted to training. Level III teams operate in
accordance with contemporary best practices. Such units possess both skills and equipment to
utilize tactics beyond the capabilities of Level I and Level II teams.
404.3 POLICY
It is the policy of this department to maintain a SWAT team and to provide the equipment,
manpower and training necessary to maintain a SWAT team. The SWAT team should develop
sufficient resources to perform three basic operational functions:
(a) Command and control
(b) Containment
(c) Entry/apprehension/rescue
It is understood it is difficult to categorize specific capabilities for critical incidents. Training needs
may vary based on the experience level of the team personnel, team administrators and potential
incident commanders. Nothing in this policy shall prohibit individual teams from responding to
a situation that exceeds their training levels due to the exigency of the circumstances. The
preservation of innocent human life is paramount.
404.3.1 POLICY CONSIDERATIONS

A needs assessment should be conducted to determine the type and extent of SWAT missions
and operations appropriate to this department. The assessment should consider the team’s
capabilities and limitations and should be reviewed annually by the SWAT commander or
designee.
404.3.2 ORGANIZATIONAL PROCEDURES

This department shall develop a separate written set of organizational procedures that should
address, at minimum, the following:
(a) Locally identified specific missions the team is capable of performing.
(b) Team organization and function.
(c) Personnel selection and retention criteria.
(d) Training and required competencies.
(e) Procedures for activation and deployment.
(f) Command and control issues, including a clearly defined command structure.
(g) Multi-agency response.
(h) Out-of-jurisdiction response.
(i) Specialized functions and supporting resources.
Department
404.3.3 OPERATIONAL PROCEDURES

This department shall develop a separate written set of operational procedures, in accordance
with its level of capability, using sound risk reduction practices. The operational procedures should
be patterned after the National Tactical Officers Association Suggested SWAT Best Practices.
Because such procedures are specific to EOU members and will outline tactical and officer safety
issues, they are classified as confidential security data and are not included within this policy. The
operational procedures should include, at minimum, the following:
(a) Designated personnel responsible for developing an operational or tactical plan prior
to, and/or during SWAT operations (time permitting).
1. All SWAT team members should have an understanding of operational planning.
2. SWAT team training should consider planning for both spontaneous and planned
events.
3. SWAT teams should incorporate medical emergency contingency planning as
part of the SWAT operational plan.
(b) Plans for mission briefings should be conducted prior to an operation, unless
circumstances require immediate deployment.
1. When reasonably possible, briefings should include the specialized units and
supporting resources.
(c) Protocols for a sustained operation should be developed. These may include relief,
rotation of personnel and augmentation of resources.
(d) A generic checklist to be worked through prior to initiating a tactical action, as a
means of conducting a threat assessment to determine the appropriate response and
resources necessary, including the use of SWAT.
(e) The appropriate role for a trained negotiator.
(f) A standard method of determining whether a warrant should be regarded as high risk.
(g) A method for deciding how best to serve a high-risk warrant with all reasonably
foreseeable alternatives being reviewed in accordance with risk/benefit criteria prior
to selecting the method of response.
(h) Post-incident scene management including:
1. Documentation of the incident.
2. Transition to investigations and/or other units.
3. Debriefing after every deployment of the SWAT team.
(a) After-action team debriefing provides evaluation and analysis of critical
incidents and affords the opportunity for individual and team assessments,
Department
helps to identify training needs and reinforces sound risk management

practices.
(b) Such debriefing should not be conducted until involved officers have
had the opportunity to individually complete necessary reports or provide
formal statements.
(c) To maintain candor and a meaningful exchange, debriefing will generally
not be recorded.
(d) When appropriate, debriefing should include specialized units and
resources.
(i) Sound risk management analysis.
(j) Standardization of equipment.
404.4 TRAINING NEEDS ASSESSMENT

The SWAT/EOU commander shall conduct an annual SWAT training needs assessment to ensure
that training is conducted within team capabilities and department policy.
404.4.1 INITIAL TRAINING

SWAT team operators and SWAT supervisors/team leaders should not be deployed until
successful completion of an approved Basic SWAT Course or its equivalent.
(a) To avoid unnecessary or redundant training, previous training completed by members
may be considered equivalent when the hours and content or topics meet or exceed
requirements determined by the Department.
404.4.2 UPDATED TRAINING

Appropriate team training for the specialized SWAT functions and other supporting resources
should be completed prior to full deployment of the team.
SWAT team operators and SWAT supervisors/team leaders should complete update or refresher
training.
404.4.3 SUPERVISION AND MANAGEMENT TRAINING

Command and executive personnel are encouraged to attend training for managing the SWAT
function at the organizational level. This is to ensure personnel who provide active oversight at
the scene of SWAT operations understand the purpose and capabilities of the teams.
Command personnel who may assume incident command responsibilities should attend a SWAT
or Critical Incident Commander course or its equivalent. SWAT command personnel should attend
a department-approved SWAT commander or tactical commander course or its equivalent.
Department
404.4.4 SWAT ONGOING TRAINING

Training shall be coordinated by the EOU commander. The EOU commander may conduct
monthly training exercises that include a review and critique of personnel and their performance
in the exercise in addition to specialized training. Training shall consist of the following:
(a) Annually each SWAT team member shall perform the mandatory SWAT handgun
qualification course. The qualification course shall consist of the SWAT Basic Drill for
the handgun. Failure to qualify will require the officer to seek remedial training from a
Armorer approved by the EOU commander. Team members who fail to qualify will not
be used in SWAT operations until qualified. Team members who fail to qualify must
retest within 30 days. Failure to qualify within 30 days with or without remedial training
may result in dismissal from the team.
(b) Annually each SWAT team member shall perform a mandatory SWAT qualification
course for any specialty weapon issued to or used by the officer during SWAT
operations. Failure to qualify will require the officer to seek remedial training from
a Armorerapproved by the EOU commander. Team members who fail to qualify on
their specialty weapon may not utilize the specialty weapon on SWAT operations until
qualified. Team members who fail to qualify must retest within 30 days. Failure to
qualify with specialty weapons within 30 days may result in the team member being
removed from the team or permanently disqualified from use of that particular specialty
weapon.
404.4.5 TRAINING SAFETY

Use of a designated safety officer should be considered for all tactical training.
404.4.6 SCENARIO-BASED TRAINING

SWAT teams should participate in scenario-based training that simulates the tactical operational
environment. Such training is an established method of improving performance during an actual
deployment.
404.4.7 TRAINING DOCUMENTATION

Individual and team training shall be documented and records maintained by the Training Services.
Such documentation shall be maintained in each member's individual training file. A separate
agency SWAT training file shall be maintained with documentation and records of all team training.
404.5 UNIFORMS, EQUIPMENT AND FIREARMS
404.5.1 UNIFORMS
SWAT teams from this department should wear uniforms that clearly identify team members as law
enforcement officers. It is recognized that certain tactical conditions may require covert movement.
Attire may be selected appropriate to the specific mission.
Department
404.5.2 EQUIPMENT
SWAT teams from this department should be adequately equipped to meet the specific mission(s)
identified by the Department.
404.5.3 FIREARMS
Weapons and equipment used by SWAT, the specialized units and the supporting resources
should be Department-issued or approved, including any modifications, additions or attachments.
404.5.4 OPERATIONAL READINESS INSPECTION

The commander of the EOU shall appoint a EOU Supervisor to perform an operational readiness
inspection of all unit equipment at least annually. The results of the inspection will be forwarded
to the EOU commander. The inspections will include personal equipment issued to members of
the unit as well as special use equipment maintained for periodic or occasional use in the SWAT
vehicle.
404.6 MANAGEMENT/SUPERVISION OF EMERGENCY OPERATIONS UNIT

The commander of the EOU shall be selected by the Chief of Police upon recommendation of Staff.
404.6.1 PRIMARY UNIT MANAGER

Under the direction of the Chief of Police, through the EOU Commander, the Emergency
Operations Unit shall be managed by a sergeant.
404.6.2 TEAM SUPERVISORS

The Crisis Negotiation Team and each SWAT team will be supervised by a sergeant.
The team supervisors shall be selected by the Chief of Police upon specific recommendation by
Staff and the EOU Commander.
The following represent the supervisor responsibilities for the Emergency Operations Unit.
(a) The Crisis Negotiation Team supervisor's primary responsibility is to supervise the
operations of the team, to include deployment, training, first-line participation, and
other duties as directed by the EOU Commander.
(b) The SWAT team supervisor's primary responsibility is to supervise the operations
of the team, which will include deployment, training, first-line participation, and other
duties as directed by the EOU Commander.
404.7 CRISIS NEGOTIATION TEAM ADMINISTRATIVE PROCEDURES

The Crisis Negotiation Team has been established to provide skilled verbal communicators who
may be utilized to attempt to de-escalate and effect surrender in critical situations where suspects
have taken hostages, barricaded themselves or have suicidal tendencies.
The following procedures serve as directives for the administrative operation of the Crisis
Negotiation Team.
Department
404.7.1 SELECTION OF PERSONNEL

Interested licensed personnel who are off probation shall submit a request to their appropriate
Division Commander. A copy will be forwarded to the EOU Commander and the Crisis Negotiation
Team supervisor. Qualified applicants will then be asked to submit a Letter of Interest. Interested
personnel shall be evaluated by the following criteria:
(a) Recognized competence and ability as evidenced by performance.
(b) Demonstrated good judgment and understanding of critical role of negotiator and
negotiation process.
(c) Effective communication skills to ensure success as a negotiator.
(d) Special skills, training, or appropriate education as it pertains to the assignment.
(e) Commitment to the unit, realizing that the assignment may necessitate unusual
working hours, conditions, and training obligations.
Recommendation of personnel selected shall be submitted to the Chief of Police for approval.
404.7.2 TRAINING OF NEGOTIATORS

Those officers selected as members of the Crisis Negotiation Team should attend a department-
approved Basic Negotiators Course prior to deployment in an actual crisis situation. Untrained
officers may be used in a support or training capacity. Additional training will be coordinated by
the team supervisor.
A minimum of one training day per 6 months will be required to provide the opportunity for role
playing and situational training that is necessary to maintain proper skills. This will be coordinated
by the team supervisor.
Continual evaluation of a team member's performance and efficiency as it relates to the positive
operation of the unit shall be conducted by the team supervisor. Performance and efficiency levels
established by the team supervisor will be met and maintained by all team members. Any member
of the Crisis Negotiation Team who performs or functions at a level less than satisfactory shall be
subject to dismissal from the unit.
404.8 SWAT TEAM ADMINISTRATIVE PROCEDURES

The SWAT team was established to provide a skilled and trained team that may be deployed
during events requiring specialized tactics, in situations where suspects have taken hostages and/
or barricaded themselves, as well as prolonged or predictable situations in which persons who
are armed or suspected of being armed pose a danger to themselves or others.
The following procedures serve as directives for the administrative operation of the SWAT team.
Department
404.8.1 SELECTION OF PERSONNEL

Interested licensed personnel who are off probation shall submit a request to their appropriate
Division Commander, a copy of which will be forwarded to the EOU Commander and other SWAT
supervisors. Those qualifying applicants will then be invited to participate in the process.
• Recognized competence and ability as evidenced by performance.
• Demonstrated good judgment and understanding of the critical role of a SWAT

member.
• Special skills, training, or appropriate education as it pertains to this assignment.
• Commitment to the unit, realizing that the additional assignment may necessitate
unusual working hours, conditions and training obligations. EOU Team evaluation:
Current team members will evaluate each candidate on field tactical skills, teamwork,
ability to work under stress, communication skills, judgment, and any special skills that
could benefit the team
• A list of successful applicants shall be submitted to staff by the EOU Commander for
final selection.
404.8.2 TEAM EVALUATION

Continual evaluation of a team member’s performance and efficiency as it relates to the positive
operation of the unit shall be conducted by the EOU Commander. The performance and efficiency
level, as established by the team supervisor, will be met and maintained by all SWAT team
members. Any member of the SWAT team who performs or functions at a level less than
satisfactory shall be subject to dismissal from the team.
404.9 OPERATIONAL GUIDELINES FOR EMERGENCY OPERATIONS UNIT

The following procedures serve as guidelines for the operational deployment of
the Emergency Operations Unit. Generally, the SWAT team and the Crisis Negotiation Team will
be activated together. It is recognized, however, that a tactical team may be used in a situation
not requiring the physical presence of the Crisis Negotiation Team, such as warrant service
operations. This shall be at the discretion of the EOU Commander.
404.9.1 ON-SCENE DETERMINATION

The supervisor in charge at the scene of a particular event will assess whether
the Emergency Operations Unit should respond. Upon final determination, whevever possible, he/
she will notify the Duty Command Officer.
404.9.2 APPROPRIATE SITUATIONS FOR USE OF EMERGENCY OPERATIONS UNIT

The following are examples of incidents that may result in the activation of
the Emergency Operations Unit:
Department
(a) Barricaded suspects who refuse an order to surrender.

(b) Incidents where hostages have been taken.
(c) Cases of suicide threats.
(d) Arrests of dangerous persons.
(e) Any situation where a EOU response could enhance the ability to preserve life,
maintain social order, and ensure the protection of property.
404.9.3 OUTSIDE AGENCY REQUESTS

Requests by field personnel for assistance from outside agency crisis
units must be approved by the Shift Sergeant. Deployment of
the Brooklyn Center Police Department Emergency Operations Unit in response to requests by
other agencies must be authorized by a Division Commander.
404.9.4 MULTI-JURISDICTIONAL SWAT OPERATIONS

The SWAT team, including relevant specialized units and supporting resources, should develop
protocols, agreements, memorandums of understanding, collective bargaining agreements or
working relationships to support multi-jurisdictional or regional responses.
(a) If it is anticipated that multi-jurisdictional SWAT operations will regularly be conducted,
SWAT multi-agency and multidisciplinary joint training exercises are encouraged.
(b) Members of the Brooklyn Center Police Department SWAT team shall operate under
the policies, procedures and command of the Brooklyn Center Police Department
when working in a multi-agency situation.
404.9.5 MOBILIZATION OF EMERGENCY OPERATIONS UNIT

The on-scene supervisor shall make a request to the Duty Command Officer when possible for the
Emergency Operations Unit to respond. The Shift Sergeant shall then notify the EOU Commander.
If unavailable, a team supervisor shall be notified. A current mobilization list shall be maintained
in the Sergeant's office by the EOU Commander.
The Shift Sergeant should advise the EOU Commander/DCO with as much of the following
information as is available at the time:
(a) The number of suspects, known weapons, and resources.
(b) If the suspect is in control of hostages.
(c) If the suspect is barricaded.
(d) The type of crime involved.
(e) If the suspect has threatened or attempted suicide.
(f) The location and safe approach to the command post.
(g) The extent of any perimeter and the number of officers involved.
Department
(h) Any other important facts critical to the immediate situation and whether the suspect
has refused an order to surrender.
The DCO or Sergeant shall then initiate a team call out if warranted.
404.9.6 FIELD UNIT RESPONSIBILITIES

While waiting for the Emergency Operations Unit, field personnel should if safe, practicable, and
if sufficient resources exist:
(a) Establish an inner and outer perimeter.
(b) Establish a command post outside of the inner perimeter.
(c) Establish an arrest/response team. The team's actions may include:
1. Securing any subject or suspect who may surrender.
2. Taking action to mitigate a deadly threat or behavior.
(d) Evacuate any injured persons or citizens in the zone of danger.
(e) Attempt to establish preliminary communication with the suspect. Once the EOU has
arrived, all negotiations should generally be halted to allow the negotiators and SWAT
time to set up.
(f) Be prepared to brief the EOU Commander/Team Leaders on the situation.
(g) Plan for and stage anticipated resources.
404.9.7 ON-SCENE COMMAND RESPONSIBILITIES

Upon arrival of the Emergency Operations Unit, the DCO shall brief the EOU Commander and
team supervisors. Upon review, it will be the DCO's decision, with input from the EOU Commander,
whether to deploy the Critical Response Unit. Once the DCO or EOU Commander authorizes
deployment, the EOU Commander will be responsible for the tactical portion of the operation. The
Incident Commander shall continue supervision of the command post operation, outer perimeter
security, and support for the Critical Response Unit. The Incident Commander and the EOU
Commander or designee shall maintain communications at all times.
404.9.8 COMMUNICATION WITH EMERGENCY OPERATIONS UNIT PERSONNEL

All of those persons who are non-Emergency Operations Unit personnel should refrain from
any non-emergency contact or from interference with any member of the unit during active
negotiations. Operations require the utmost in concentration by involved personnel. No one should
interrupt or communicate with EOU personnel directly. All non-emergency communications shall
be channeled through the DCO or designee.
Department
Ride-Along Policy
The Ride-Along Program provides an opportunity for persons to experience the law enforcement
function first hand. This policy provides the requirements, approval process, and hours of operation
for the Ride-Along Program.
405.1.1 ELIGIBILITY
The Brooklyn Center Police Department Ride-Along Program is offered to residents, those
employed within the City, and requests by members of the department. Every reasonable attempt
will be made to accommodate interested persons. Any applicant may be disqualified with or without
cause from participating in the program.
The following factors may be considered in disqualifying an applicant and are not limited to:
• Being under 18 years of age (without parental consent).
• Prior criminal history.
• Pending criminal action.
• Pending lawsuit against the Department.
• Denial by any supervisor.
405.1.2 AVAILABILITY
The Ride-Along Program is available on most days of the week. The ride-along times are to be
determined by the Shift Supervisor. Exceptions to this schedule may be made as approved by
the Chief of Police, Division Commander, or Shift Sergeant. All ride along participants must be
a minimum of 14 years of age or older.
405.1.3 OFFICER'S IMMEDIATE FAMILY

During the calendar year, each member of an officer's immediate family may ride along once.
Family members are subject to the same conditions listed in section 405.1.1.
405.2 PROCEDURE TO REQUEST A RIDE-ALONG

Generally, ride-along requests will be scheduled by the Patrol Division Commander. The
participant will complete and sign a ride-along waiver form. Information requested will include a
valid driver's license, address, and telephone number.
A Sergeant will schedule a date, based on availability, at least one week after the date of
application. If approved, a copy of the ride-along waiver form will be forwarded to the respective
Shift Sergeant as soon as possible for his/her scheduling considerations.
If the ride-along is denied after the request has been made, a representative of the Department
will contact the applicant and advise him/her of the denial.
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Department
Ride-Along Policy
405.2.1 PROGRAM REQUIREMENTS

Once approved, civilian ride-alongs will be allowed to ride no more than once every year. An
exception would apply to the following: cadets, Explorers, chaplains, police applicants, and all
others with approval of the Shift Sergeant.
An effort will be made to ensure that no more than one citizen will participate in a ride-along during
any given time period.
Ride-along requirements for police cadets are covered in Policy Manual § 1048 "Police Cadet
Program."
405.2.2 SUITABLE ATTIRE

Any person approved to ride-along is required to be suitably dressed. Sandals, tank tops, and
ripped or torn blue jeans are not permitted. The Shift Sergeant or field supervisor may refuse a
ride-along to anyone not properly dressed.
405.2.3 PEACE OFFICER RIDE-ALONGS

Off-duty members of this department or any other law enforcement agency will not be permitted
to ride-along with on-duty officers without the express consent of the Patrol Division Commander.
405.2.4 RIDE-ALONG CRIMINAL HISTORY CHECK

All ride-along applicants are subject to a criminal history check. The criminal history check may
include a local records check and a Minnesota Bureau of Criminal Apprehension Criminal History
System check prior to approval (provided that the ride-along is not an employee of the Brooklyn
Center Police Department).
405.3 OFFICER'S RESPONSIBILITIES

Officers shall consider the safety of the ride-along at all times.
Officers should use sound discretion when encountering a potentially dangerous situation, and
if necessary let the participant out of the vehicle in a place of safety. The ride-along may be
continued or terminated at this time.
Conduct by a person participating in a ride-along that results in termination of the ride or is
otherwise inappropriate should be immediately reported to the Shift Sergeant or senior officer.
The Patrol Division Commander is responsible for maintaining and scheduling ride-alongs. Upon
completion of the ride-along, a copy of the ride-along waiver form shall be returned to the Patrol
Division Commander with any comments that may be offered by the officer.
405.4 CONTROL OF RIDE-ALONG

The assigned employee shall maintain control over the ride-along at all times and instruct him/her
in the conditions that necessarily limit participation. These instructions should include:
(a) The ride-along will follow the directions of the officer.
Department
Ride-Along Policy
(b) The ride-along will not become involved in any investigation, handling of evidence,
discussions with victims or suspects, or handling any police equipment.
(c) The ride-along may terminate the ride at any time, and the officer may return the
observer to his/her home or to the station.
(d) The officer may terminate the ride-along and return the observer to their home or to
the station if the ride-along interferes with the performance of any officer's duties.
(e) Ride-alongs may be allowed to continue riding during the transportation and booking
process provided this does not jeopardize their safety.
(f) Officers will not allow any ride-alongs to be present in any residence or situation that
would jeopardize their safety or cause undue stress or embarrassment to a victim or
any other person.
(g) Under no circumstance shall a civilian ride-along be permitted to enter a private
residence with an officer without the expressed consent of the resident or other
authorized person.
405.5 OFFICER PARTICIPATION

Participation in the Ride-Along Program is optional. Officers shall exercise their option annually.
(a) Officers participating in the Ride-Along Program shall sign the Ride-Along waiver form
and return it to the shift supervisor upon completion of the ride-along.
(b) Officers who decline participation in the program shall not have riders or Explorer
Scouts assigned to them. Officers who do not participate shall not be allowed to have
family members ride with them.
(c) Probationary patrol officers shall not participate in the Ride-Along Program.
Department
Hazardous Material Response

Hazardous materials present a potential harm to employees as a result of their exposure. To
comply with Minnesota law, the following represents the policy of this department.
406.1.1 HAZARDOUS MATERIAL DEFINED

Hazardous material - Any refuse, sludge or other waste material or combinations of refuse,
sludge or other waste materials in solid, semisolid, liquid or contained gaseous form, which,
because of its quantity, concentration, or chemical, physical or infectious characteristics may
(Minn. Stat. § 116.06 Subd. 11):
(a) Cause or significantly contribute to an increase in mortality or an increase in serious
irreversible or incapacitating reversible illness.
(b) Pose a substantial present or potential hazard to human health or the environment
when improperly treated, stored, transported, disposed of or otherwise managed.
406.2 HAZARDOUS MATERIAL RESPONSE

Employees may encounter situations involving suspected hazardous materials, such as at the
scene of a traffic collision, chemical spill or fire. When employees come into contact with a
suspected hazardous material, certain steps should be taken to protect themselves and other
persons.
The fire department is the agency trained and equipped to properly respond and mitigate most
hazardous materials and biohazards.
Responders should not perform tasks or use equipment absent proper training. A responder
entering the area may require decontamination before he/she is allowed to depart the scene and
should be evaluated by appropriate technicians and medical professionals for signs of exposure.
The following steps should be considered at any scene involving suspected hazardous materials:
(a) Attempt to identify the type of hazardous material. Identification can be determined by
placard, driver's manifest or statements from the person transporting the material
(b) Notify the appropriate fire department.
(c) Provide first aid to injured parties if it can be done safely and without contamination.
(d) Begin evacuation of the immediate and surrounding areas dependent on the material.
Voluntary evacuation should be considered. Depending on the material, mandatory
evacuation may be necessary.
(e) Contact the Minnesota Duty Officer (800-422-0798).
(f) Responders should remain uphill and upwind of the hazard until a zone of entry and
a decontamination area are established.
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Department
Hazardous Material Response
406.3 REPORTING EXPOSURE(S)

Department personnel who believe that they have been exposed to a hazardous material shall
immediately report the exposure to a supervisor. Each exposure shall be documented by the
employee in a report that shall be forwarded via chain of command to their Division Commander.
Should the affected employee be unable to document the exposure for any reason, it shall be the
responsibility of the notified supervisor to complete the report.
Injury or illness caused or believed to be caused from exposure to hazardous materials shall be
reported the same as any other on-duty injury or illness, in addition to a crime report or incident
report.

When a supervisor has been informed that an employee has been exposed to a hazardous
material, he/she shall ensure that immediate medical treatment is obtained and appropriate action
is taken to lessen the exposure.
To ensure the safety of employees, safety equipment is available through supervisory personnel.
Safety items not maintained by the Department will be obtained through the appropriate fire
department.
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Department
Hostage and Barricade Incidents

The purpose of this policy is to provide guidelines for situations where officers have legal cause
to contact, detain or arrest a person, and the person refuses to submit to the lawful requests of
the officers by remaining in a structure or vehicle and/or by taking a hostage.
The scope of this policy is not intended to address all variables that officers encounter during
their initial response or when a hostage or barricade situation has developed. This policy does
not require or purport to recommend specific strategies or tactics for resolution as each incident
is a dynamic and rapidly evolving event.
407.1.1 DEFINITIONS
Barricade situation - An incident where a person maintains a position of cover or concealment
and ignores or resists law enforcement personnel, and it is reasonable to believe the subject is
armed with a dangerous or deadly weapon.
Hostage situation - An incident where it is reasonable to believe a person is unlawfully held by
a hostage-taker as security so that specified terms or conditions will be met.
407.2 POLICY
It is the policy of the Brooklyn Center Police Department to address hostage and barricade
situations with due regard for the preservation of life and balancing the risk of injury, while obtaining
the safe release of hostages, apprehending offenders and securing available evidence.
407.3 COMMUNICATION
When circumstances permit, initial responding officers should try to establish and maintain lines
of communication with a barricaded person or hostage-taker. Officers should attempt to identify
any additional subjects, inquire about victims and injuries, seek the release of hostages, gather
intelligence information, identify time-sensitive demands or conditions and obtain the suspect’s
surrender.
When available, department-authorized negotiators should respond to the scene as soon as
practicable and assume communication responsibilities. Negotiators are permitted to exercise
flexibility in each situation based upon their training, the circumstances presented, suspect actions
or demands and the available resources.
407.3.1 EMERGENCY COMMUNICATION

A supervisor with probable cause to believe that a person is being unlawfully confined may order
a telephone company to cut, reroute, or divert telephone lines for the purpose of establishing and
controlling communications with a suspect (Minn. Stat. § 609.774).
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Department
407.4 FIRST RESPONDER CONSIDERATION

First responding officers should promptly and carefully evaluate all available information to
determine whether an incident involves, or may later develop into, a hostage or barricade situation.
The first responding officer should immediately request a supervisor’s response as soon as it is
determined that a hostage or barricade situation exists. The first responding officer shall assume
the duties of the supervisor until relieved by a supervisor or a more qualified responder. The officer
shall continually evaluate the situation, including the level of risk to officers, to the persons involved
and to bystanders, and the resources currently available.
The handling officer should brief the arriving supervisor of the incident, including information about
suspects and victims, the extent of any injuries, additional resources or equipment that may be
needed, and current perimeters and evacuation areas.
407.4.1 BARRICADE SITUATION

Unless circumstances require otherwise, officers handling a barricade situation should attempt to
avoid a forceful confrontation in favor of stabilizing the incident by establishing and maintaining
lines of communication while awaiting the arrival of specialized personnel and trained negotiators.
During the interim the following options, while not all-inclusive or in any particular order, should
be considered:
(a) Ensure injured persons are evacuated from the immediate threat area if it is reasonably
safe to do so. Request medical assistance.
(b) Assign personnel to a contact team to control the subject should he/she attempt to
exit the building, structure or vehicle, and attack, use deadly force, attempt to escape
or surrender prior to additional resources arriving.
(c) Request additional personnel, resources and equipment as needed (e.g., canine team,
air support).
(d) Provide responding emergency personnel with a safe arrival route to the location.
(e) Evacuate non-injured persons in the immediate threat area if it is reasonably safe to
do so.
(f) Attempt or obtain a line of communication and gather as much information on the
subject as possible, including weapons, other involved parties, additional hazards or
injuries.
(g) Establish an inner and outer perimeter as circumstances require and resources permit
to prevent unauthorized access.
(h) Evacuate bystanders, residents and businesses within the inner and then outer
perimeter as appropriate. Check for injuries, the presence of other involved subjects,
witnesses, evidence or additional information.
(i) Determine the need for and notify the appropriate persons within and outside the
Department, such as command officers and the Public Information Officer.
Department
(j) If necessary and available, establish a tactical or exclusive radio frequency for the
incident.
(k) Establish a command post.
407.4.2 HOSTAGE SITUATION

Officers presented with a hostage situation should attempt to avoid a forceful confrontation in favor
of controlling the incident in anticipation of the arrival of specialized personnel and trained hostage
negotiators. However, it is understood that hostage situations are dynamic and can require that
officers react quickly to developing or changing threats. The following options while not all-inclusive
or in any particular order, should be considered:
• Ensure injured persons are evacuated from the immediate threat area if it is reasonably
safe to do so. Request medical assistance.
• Assign personnel to a contact team to control the subject should he/she attempt to
exit the building, structure or vehicle, and attack, use deadly force, attempt to escape
or surrender prior to additional resources arriving.
• Establish a rapid response team in the event it becomes necessary to rapidly enter a
building, structure or vehicle, such as when the suspect is using deadly force against
any hostages (see the Rapid Response and Deployment Policy).
• Assist hostages or potential hostages to escape if it is reasonably safe to do so.
Hostages should be kept separated if practicable pending further interview.
• Request additional personnel, resources and equipment as needed (e.g., canine team,
air support).
• Provide responding emergency personnel with a safe arrival route to the location.
• Evacuate non-injured persons in the immediate threat area if it is reasonably safe to
do so.
• Coordinate pursuit or surveillance vehicles and control of travel routes.
• Attempt or obtain a line of communication and gather as much information about
the suspect as possible, including any weapons, victims and their injuries, additional
hazards, other involved parties and any other relevant intelligence information.
• Establish an inner and outer perimeter as resources and circumstances permit to
prevent unauthorized access.
• Evacuate bystanders, residents and businesses within the inner and then outer
perimeter as appropriate. Check for injuries, the presence of other involved subjects,
witnesses, evidence or additional information.
• Determine the need for and notify the appropriate persons within and outside the
Department, such as command officers and the Public Information Officer.
Department
• If necessary and available, establish a tactical or exclusive radio frequency for the
incident.
407.5 SUPERVISOR RESPONSIBILITY

Upon being notified that a hostage or barricade situation exists, the supervisor should immediately
respond to the scene, assess the risk level of the situation, establish a proper chain of command
and assume the role of Incident Commander until properly relieved. This includes requesting a
EOU response if appropriate and apprising the EOU Commander of the circumstances. In addition,
the following options, listed here in no particular order, should be considered:
(a) Ensure injured persons are evacuated and treated by medical personnel.
(b) Ensure the completion of necessary first responder responsibilities or assignments.
(c) Request crisis negotiators, specialized units, additional personnel, resources or
equipment as appropriate.
(d) Establish a command post location as resources and circumstances permit.
(e) Designate assistants who can help with intelligence information and documentation
of the incident.
(f) If it is practicable to do so, arrange for video documentation of the operation.
(g) Consider contacting utility and communication providers when restricting such
services (e.g., restricting electric power, gas, telephone service).
(h) Ensure adequate law enforcement coverage for the remainder of the City during the
incident. The supervisor should direct non-essential personnel away from the scene
unless they have been summoned by the supervisor or Dispatch.
(i) Identify a media staging area outside the outer perimeter and have the department
Public Information Officer or a designated temporary media representative provide
media access in accordance with the News Media Relations Policy
(j) Identify the need for mutual aid and the transition or relief of personnel for incidents
of extended duration.
(k) Debrief personnel and review documentation as appropriate.
407.6 CRISIS RESPONSE UNIT

It will be the Incident Commander’s decision, with input from the EOU Commander, whether to
deploy the EOU during a hostage or barricade situation. Once the Incident Commander authorizes
deployment, the EOU Commander or the authorized designee will be responsible for the tactical
portion of the operation. The Incident Commander shall continue supervision of the command
post operation, outer perimeter security and evacuation, media access and support for the EOU.
The Incident Commander and the EOU Commander or the authorized designee shall maintain
communications at all times.
Department
407.7 REPORTING
Unless otherwise relieved by a supervisor or Incident Commander, the handling officer at the
scene is responsible for completion and/or coordination of incident reports.
Department
Response to Bomb Calls

The purpose of this policy is to provide guidelines to assist members of the Brooklyn Center Police
Department in their initial response to incidents involving explosives, explosive devices, explosion/
bombing incidents or threats of such incidents. Under no circumstances should these guidelines
be interpreted as compromising the safety of first responders or the public. When confronted with
an incident involving explosives, safety should always be the primary consideration.
408.2 FOUND EXPLOSIVES/SUSPECT DEVICES

When an officer responds to a call of a suspected explosive device, the following guidelines shall
be followed:
(a) The device should not be touched or transported to any other location.
(b) No known or suspected explosive item should be considered safe regardless of its size
or apparent packaging. The appropriate bomb squad or military explosive ordnance
disposal team should be summoned for assistance.
(c) A perimeter should be secured for a minimum of 300 feet around the location or
an otherwise safe distance depending on the surrounding physical environment and
allowing for an entrance for support personnel.
(d) As much initial information as possible should be relayed to a supervisor without
touching the device, including:
1. The stated threat
2. Exact comments
3. Time of discovery
4. Exact location of the device
5. Full description (e.g., size, shape, markings, construction).
(e) Officers should not transmit on any equipment that produces radio frequency energy
within 300 feet. Consideration should be given to the possibility of evacuation if a
device is located within a building.
(f) An additional perimeter should be secured around any suspected device.
(g) Officers should give consideration for the ingress/egress of additional support
personnel, such as paramedics and fire department personnel.
(h) A search of the area should be conducted for secondary devices or other objects that
are either hazardous or foreign to the area.
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Department
(i) Explosive or military ordnance of any type should be handled only by bomb squad
technicians.
(j) When in doubt, call for assistance from the bomb squad.
408.3 EXPLOSION/BOMBING INCIDENTS

When an explosion has occurred, there are multiple considerations that may confront an officer.
As in other catastrophic incidents, a rapid response will help to minimize such things as further
injury to victims, contamination of the scene by gathering crowds, additional damage from resulting
fires, or unstable structures.
Whether the explosion was the result of an accident or a criminal act, the following concerns may
confront the officer:
• Injury to victims
• First aid
• Evacuation of victims
When an explosion has occurred, the following people shall be notified as soon as practicable if
their assistance is needed:
(a) Fire department and/or state fire marshal
(b) Bomb squad
(c) Additional officers
(d) Shift Sergeant/Senior Officer
(e) Duty Command Officer (DCO)
(f) Investigators
(g) Hennepin County Crime Lab
(h) Bureau of Criminal Apprehension (BCA)
408.3.2 CROWD CONTROL

Scene access should be restricted to those with a legitimate public safety purpose.
408.3.3 SCENE OF INCIDENT

As in any other crime scene, steps should immediately be taken to preserve the scene. The scene
could extend over a wide area. Evidence may be imbedded in nearby structures or hanging in
trees and bushes.
408.4 BOMB THREATS AT POLICE FACILITY

This procedure shall be followed should a bomb threat be received at a police facility and a search
made for a destructive device.
Department
408.4.1 BOMB THREATS RECEIVED BY TELEPHONE

The following questions shall be asked if a call of a bomb threat is received at a Police facility:
• When is the bomb going to explode?
• When did you place the bomb?
• What would cause the bomb to explode?
• Where is the bomb?
• What kind of bomb is it?
• What does it look like?
• Why did you place the bomb?
• Who are you? To avoid possible termination of the call, this should be asked after the
preceding questions.
Attempt to keep the caller on the line as long as possible and obtain expanded answers to these
prior eight questions. Additionally, during this time, document the following:
• Time of the call
• Exact words of the person as accurately as possible
• Estimated age and gender of the caller
• Speech patterns and/or accents
• Background noises
If the threat is received at a police facility on a recorded line, steps should be taken to ensure that
the recording is preserved in accordance with current Department evidence procedures. If at all
possible attempts should be made to record the call.
408.4.2 RESPONSIBILITIES
As soon as a bomb threat has been received, the Duty Command Officer (DCO) or Sergeant will
be advised and fully informed of the details. The Duty Command Officer (DCO) or Sergeant will
then direct and assign officers as required for coordinating a general building search or evacuation
as deemed appropriate.
408.5 BOMB THREATS AT PUBLIC OR PRIVATE FACILITY

This procedure shall be followed should a bomb threat occur at a private facility or another public
facility and the Department is informed of the threat.
408.5.1 BOMB THREAT RESPONSE OPTIONS

The options available to the person in charge of the facility are generally:
(a) No search and no evacuation
Department
(b) Search without evacuation

(c) Evacuation without search
(d) Evacuation and search
408.5.2 REQUEST FOR ASSISTANCE

Should the person in charge of the facility request assistance, the Sergeant or DCO shall be
notified and will make the decision whether the Department renders assistance and to what
level. Should the information and circumstances indicate a reasonably apparent imminent threat
to safety, a more active approach, including law enforcement control over the facility, may be
considered.
408.5.3 EVACUATION OR SEARCH ASSISTANCE

Should the Sergeant or DCO determine that the Department will assist or control a bomb threat
incident, the Sergeant or DCO will determine:
(a) The level of assistance
(b) The plan for assistance
(c) Whether to evacuate and/or search
(d) The appropriate support necessary
Considerations regarding the involvement of the facility staff in searching and evacuating is
important. A search or evacuation can be difficult without a working familiarity of the facility. The
person in charge of the facility should be made aware of the possibility of damage to the facility
as a product of a search. The safety of all participants is the paramount concern.
Support consideration should include notification and response, or standby notice, for fire, medical,
and ambulance.
408.6 SECTION TITLE
Department
Civil Commitments
This policy provides guidelines for when officers may place an individual in protective custody
and request a 72-hour hold under the Minnesota Commitment and Treatment Act (Minn. Stat. §
253B.05).
409.2 POLICY
It is the policy of the Brooklyn Center Police Department to protect the public and individuals
through legal and appropriate use of the 72-hour hold process.
409.3 AUTHORITY
An officer, having probable cause to believe that any individual because of mental illness, chemical
dependency, or public intoxication is in danger of injuring him/herself or others if not immediately
detained, may take, or cause to be taken, the individual to a treatment facility for a 72-hour
evaluation (Minn. Stat. § 253B.05, Subd. 2).
The officer shall make written application for admission of the individual to a treatment facility. The
application shall contain the officer’s reasons for and circumstances under which the individual was
taken into custody. If danger to specific individuals is a basis for the requested emergency hold,
the statement must include identifying information for those individuals to the extent reasonably
practicable. The officer shall also provide the department contact information for purposes of
receiving notice if the individual is released prior to the 72-hour admission or leaves the facility
without consent. The facility shall make a copy of the statement available to the individual taken
into custody (Minn. Stat. § 253B.05, Subd. 2).
409.3.1 VOLUNTARY EVALUATION

If officers encounter an individual who may qualify for a 72-hour hold, they may inquire as to
whether the person desires to voluntarily be evaluated at an appropriate facility. If the individual
so desires, the officers should:
(a) Request the appropriate ambulance service. Transport the individual to an appropriate
facility that is able to conduct the evaluation and admit the person pursuant to the
Minnesota Commitment and Treatment Act.
(b) If at any point the individual changes his/her mind regarding voluntary evaluation,
officers should proceed with the application for a 72-hour hold, if appropriate.
(c) Document the circumstances surrounding the individual's desire to pursue voluntary
evaluation and/or admission.
409.4 CONSIDERATIONS AND RESPONSIBILITIES

Any officer handling a call involving an individual who may qualify for a 72-hour hold should
consider, as time and circumstances reasonably permit:
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Civil Commitments
(a) Available information that might assist in determining the cause and nature of the
individual's action or stated intentions.
(b) When appropriate forward a report to Hennepin County Adult/Child Protection (First
Response).
(c) Conflict resolution and de-escalation techniques.
(d) Community or other resources available to assist in dealing with mental health issues.
While these steps are encouraged, nothing in this section is intended to dissuade officers from
taking reasonable action to ensure the safety of the officers and others.
409.5 TRANSPORTATION
Absent exigent circumstances or Sergeant/DCO approval, all transports for mental health holds
shall be conducted by medical personnel.
Officers may transport intoxicated individuals to a hospital or detox facility unless the individual
is in need of immediate medical care.
409.5.1 TYPE OF TRANSPORTATION

When transporting any individual on a Minn. Stat. § 253B.05 admission, and if reasonably
practicable, officers should not be in uniform and should not use a vehicle visibly marked as a law
enforcement vehicle (Minn. Stat. § 253B.05, Subd. 2(b)).
409.6 TRANSFER TO APPROPRIATE FACILITY

Upon arrival at the facility, the officer will escort the individual into a treatment area designated
by a facility staff member. If the individual is not seeking treatment voluntarily, the officer should
provide the staff member with the written application for a 72-hour hold and remain present to
provide clarification of the grounds for detention, upon request.
Absent exigent circumstances, the transporting officer should not assist facility staff with the
admission process, including restraint of the individual. However, if the individual is transported
and delivered while restrained, the officer may assist with transferring the individual to facility
restraints and will be available to assist during the admission process, if requested. Under normal
circumstances, officers will not apply facility-ordered restraints.
409.7 DOCUMENTATION
The officer should complete an application for emergency admission, provide it to the facility staff
member assigned to that patient and retain a copy of the application for inclusion in the case report.
The officer should also provide a verbal summary to any evaluating staff member regarding the
circumstances leading to the involuntary detention.
Department
Civil Commitments
409.8 CRIMINAL OFFENSES

Officers investigating an individual who is suspected of committing a minor criminal offense and
who is being taken into custody for purposes of a 72-hour hold should resolve the criminal matter
by issuing a warning or a citation, as appropriate.
When an individual who may qualify for a 72-hour hold has committed a serious criminal offense
that would normally result in an arrest and transfer to a jail facility, the officer should:
(a) Arrest the individual when there is probable cause to do so.
(b) Notify the appropriate supervisor of the facts supporting the arrest and the facts that
would support the 72-hour hold.
(c) Facilitate the individual’s transfer to jail.
(d) Thoroughly document in the related reports the circumstances that indicate the
individual may qualify for a 72-hour hold.
In the supervisor’s judgment, the individual may instead be arrested or booked and transported
to the appropriate mental health facility. The supervisor should consider the seriousness of the
offense, the treatment options available, the ability of this department to regain custody of the
individual, department resources (e.g., posting a guard) and other relevant factors in making this
decision.
409.9 FIREARMS AND OTHER WEAPONS

Whenever an individual is taken into custody for a 72-hour hold, the handling officers should seek
to determine if the individual owns or has access to any firearm or other deadly weapon. Officers
should consider whether it is appropriate and consistent with current search and seizure law under
the circumstances to seize any such firearms or other dangerous weapons (e.g., safekeeping,
evidence, consent).
Officers are cautioned that a search warrant may be needed before seizing weapons or entering
a residence or other place to search unless lawful warrantless entry has already been made (e.g.,
exigent circumstances, consent).
The handling officers should further advise the individual of the procedure for the return of any
firearm or other weapon that has been taken into custody.
409.10 TRAINING
This department will endeavor to provide department-approved training on interaction with
mentally disabled persons, 72-hour holds and crisis intervention.
Department
Cite and Release Policy

The purpose of this policy is to provide members of the Brooklyn Center Police Department with
guidance on when to release adults who are suspected offenders on a citation for a criminal
offense, rather than having the person held in custody for a court appearance or released on bail.
This policy also provides guidance on when a court orders that a person be released.
Additional release restrictions may apply to those detained for domestic violence, as outlined in
the Domestic Abuse Policy.
410.2 POLICY
The Brooklyn Center Police Department will consider its resources and its mission of protecting
the community when exercising any discretion to release suspected offenders on a citation, when
authorized to do so.
410.3 RELEASE
A suspected offender shall be released on issuance of a citation:
(a) When the offender has been arrested without a warrant and either a prosecutor or
district court judge orders that the offender should be released (Minn. R. Crim. P. 4.02;
Minn. R. Crim. P. 6.01).
1. Release is not required if a reviewing supervisor determines that the offender
should be held pursuant to Minn. R. Crim. P. 6.01 Subd. 1.
(b) When the offender is charged with a petty or fine-only misdemeanor (Minn. R. Crim.
P. 6.01).
(c) In misdemeanor cases unless it reasonably appears to the arresting officer that the
offender will (Minn. R. Crim. P. 6.01):
1. Cause bodily injury to him/herself or another if he/she is not detained.
2. Continue engaging in criminal conduct.
3. Not respond to a citation.
(d) When the offender is from another state which has a reciprocal agreement with
Minnesota unless the offense is (Minn. Stat. § 169.91):
1. One which would result in the revocation of the offender’s driver’s license under
Minnesota law upon conviction.
2. A violation of a highway weight limitation.
3. A violation of a law governing the transportation of hazardous materials.
4. That the offender was driving without a valid driver’s license.
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Department
Cite and Release Policy
410.4 PROHIBITIONS
The release of a suspected offender on a citation is not permitted when:
(a) The offender has committed a driving while impaired (DWI) offense (Minn. Stat. §
169A.40; Minn. Stat. § 169.91).
(b) The offender is arrested for a violation of state law or an ordinance related to the
operation or registration of a vehicle punishable as a misdemeanor or felony and
(Minn. Stat. § 169.91):
1. The offender demands an immediate appearance before a judge.
2. The offender is charged with:
(a) An offense involving an accident that resulted in injury or death.
(b) Criminal vehicular homicide.
(c) Failure to stop after being involved in an accident that resulted in death,
personal injuries or damage to property.
3. There is reasonable cause to believe that the offender may leave the state.
See the Domestic Abuse Policy for release restrictions related to those investigations.
410.5 REQUESTING CASE NUMBERS

Many cases involving a criminal citation release can be handled without requesting a case number.
Traffic situations and local code violations can be documented on the reverse side of the records
copy of the citation. Most Minnesota statute sections will require a case number to document the
incident properly in a report. This section does not preclude an officer from requesting a case
number if he/she feels the situation should be documented more thoroughly in a case report.
410.6 FISH AND GAME AND ENVIRONMENT-RELATED OFFENSES

In the case of game and fish laws or other environment-related offenses, as specified in Minn.
Stat. § 97A.211, officers should release the offender unless there is reason to believe that criminal
conduct will continue or that the offender will not respond as required by the citation (Minn. Stat.
§ 97A.211).
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Department
Foreign Diplomatic and Consular

Representatives
This policy provides guidelines to ensure that members of the Brooklyn Center Police Department
extend appropriate privileges and immunities to foreign diplomatic and consular representatives
in accordance with international law.
411.1.1 DEFINITIONS
Foreign National - Anyone who is not a citizen of the United States. A person with dual U.S. and
foreign citizenship is not a foreign national.
Immunity - Refers to various protections and privileges extended to the employees of foreign
governments who are present in the U.S. as official representatives of their home governments.
These privileges are embodied in international law and are intended to ensure the efficient
and effective performance of their official missions (i.e., embassies and consulates) in foreign
countries. Proper respect for the immunity to which an individual is entitled is necessary to ensure
that U.S. diplomatic relations are not jeopardized and to maintain reciprocal treatment of U.S.
personnel abroad.
Although immunity may preclude U.S. courts from exercising jurisdiction, it is not intended to
excuse unlawful activity. It is the policy of the DOS Office of Foreign Missions (OFM) that illegal
acts by foreign service personnel should always be pursued through proper channels. Additionally,
the host country's right to protect its citizens supersedes immunity privileges. Peace officers may
intervene to the extent necessary to prevent the endangerment of public safety or the commission
of a serious crime, regardless of immunity claims.
411.2 POLICY
The Brooklyn Center Police Department respects international laws related to the special
privileges and immunities afforded foreign diplomatic and consular representatives assigned to
the United States.
All foreign diplomatic and consular representatives shall be treated with respect and courtesy,
regardless of any privileges or immunities afforded them.
411.3 CLAIMS OF IMMUNITY

If a member comes into contact with a person where law enforcement action may be warranted and
the person claims diplomatic or consular privileges and immunities, the member should, without
delay:
(a) Notify a supervisor.
(b) Advise the person that his/her claim will be investigated and he/she may be released
in accordance with the law upon confirmation of the person’s status.
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Foreign Diplomatic and Consular Representatives
(c) Request the person’s identification card, either issued by the U.S. Department of State
(DOS), Office of the Chief of Protocol, or in the case of persons accredited to the
United Nations, by the U.S. Mission to the United Nations. These are the only reliable
documents for purposes of determining privileges and immunities.
(d) Contact the DOS Diplomatic Security Command Center at 571-345-3146 or toll free
at 866-217-2089, or at another current telephone number and inform the center of the
circumstances.
(e) Verify the immunity status with DOS and follow any instructions regarding further
detention, arrest, prosecution and/or release, as indicated by the DOS representative.
This may require immediate release, even if a crime has been committed.
Identity or immunity status should not be presumed from the type of license plates displayed on a
vehicle. If there is a question as to the status or the legitimate possession of a Diplomat or Consul
license plate, a query should be run via the National Law Enforcement Telecommunications
System (NLETS), designating “US” as the state.
411.4 ENFORCEMENT ACTION

If the DOS is not immediately available for consultation regarding law enforcement action,
members shall be aware of the following:
(a) Generally, all persons with diplomatic and consular privileges and immunities may be
issued a citation or notice to appear. However, the person may not be compelled to
sign the citation.
(b) All persons, even those with a valid privilege or immunity, may be reasonably
restrained in exigent circumstances for purposes of self-defense, public safety or the
prevention of serious criminal acts.
(c) An impaired foreign diplomatic or consular representative may be prevented from
driving a vehicle, even if the person may not be arrested due to privileges and
immunities.
1. Investigations, including the request for field sobriety tests, chemical tests and
any other tests regarding impaired driving may proceed but they shall not be
compelled.
(d) The following persons may not be detained or arrested, and any property or vehicle
owned by these persons may not be searched or seized:
1. Diplomatic-level staff of missions to international organizations and recognized
family members
2. Diplomatic agents and recognized family members
3. Members of administrative and technical staff of a diplomatic mission and
recognized family members
4. Career consular officers, unless the person is the subject of a felony warrant
(e) The following persons may generally be detained and arrested:
Department
1. International organization staff; however, some senior officers are entitled to the
same treatment as diplomatic agents.
2. Support staff of missions to international organizations.
3. Diplomatic service staff and consular employees; however, special bilateral
agreements may exclude employees of certain foreign countries.
4. Honorary consular officers.
411.5 DOCUMENTATION
All contacts with persons who have claimed privileges and immunities afforded foreign diplomatic
and consular representatives should be thoroughly documented and the related reports forwarded
to DOS.
411.6 DIPLOMATIC IMMUNITY TABLE

Reference table on diplomatic immunity:
Category Arrested or Enter Issued Subpoenaed Prosecuted Recognized
Detained Residence Traffic as Witness Family
Subject to Citation Members
Ordinary
Procedures
Diplomatic No (note b) No Yes No No Same as
Agent sponsor
(full
immunity &
inviolability)
Member of No (note b) No Yes No No Same as
Admin and sponsor
Tech Staff (full
immunity &
inviolability)
Service Staff Yes (note a) Yes Yes Yes No for official No immunity
acts or inviolability
Yes (note a)
otherwise
(note a)
Career Yes if for a Yes (note d) Yes Yes No for official No immunity
Consul felony and acts or
Officer pursuant to a Yes inviolability
warrant otherwise
(note a) (note a)
Honorable Yes Yes Yes No for official No for official No immunity
Consul acts acts or inviolability
Officer Yes Yes
otherwise otherwise
Department
Consulate Yes (note a) Yes Yes No for official No for official No immunity
Employees acts acts or inviolability
Yes Yes (note a)
otherwise otherwise
(note a)
Int'l Org Yes (note c) Yes (note c) Yes Yes (note c) No for official No immunity
Staff (note b) acts or inviolability
Yes
otherwise
(note c)
Diplomatic- No (note b) No Yes No No Same as
Level Staff sponsor
of Missions (full
to Int’l Org immunity &
inviolability)
Support Yes Yes Yes Yes No for official No immunity

Staff of acts or inviolability
Missions to Yes
Int’l Orgs otherwise
Notes for diplomatic immunity table:

(a) This table presents general rules. The employees of certain foreign countries may
enjoy higher levels of privileges and immunities on the basis of special bilateral
agreements.
(b) Reasonable constraints, however, may be applied in emergency circumstances
involving self-defense, public safety, or in the prevention of serious criminal acts.
(c) A small number of senior officers are entitled to be treated identically to diplomatic
agents.
(d) Note that consul residences are sometimes located within the official consular
premises. In such cases, only the official office space is protected from police entry.
Department
Rapid Response and Deployment

Violence in schools, workplaces, and other locations by any individual or group of individuals
presents a difficult situation for law enforcement. The purpose of this policy is to identify guidelines
and factors that will assist officers implement rapid response and deployment to such situations.
412.2 POLICY
The policy of this department in dealing with a crisis situation shall be:
(a) To obtain and maintain complete operative control of the incident.
(b) To explore every reasonably available source of intelligence regarding the
circumstances, location, and suspect(s) in the incident.
(c) To attempt, by every means available, to attain any tactical advantage over the
responsible individual(s).
(d) To attempt, whenever feasible, a negotiated surrender of the suspect(s) and release
of the hostages through the expertise of the members of this department and others.
Nothing in this policy shall preclude the use of necessary force, deadly or otherwise, by members
of this department in protecting themselves or others from death or injury.
412.3 PROCEDURE
If there is a reasonable belief that acts or threats by a suspect are placing lives in imminent
danger, first responding officers should consider reasonable options to immediately eliminate the
threat. Officers must decide, often under a multitude of difficult and rapidly evolving circumstances,
whether to advance on the suspect, take other actions to deal with the threat, or wait for additional
resources.
When deciding on a course of action officers should consider the following:
(a) Whether sufficient personnel are available on-scene to advance on the suspect. Any
advance on a suspect should be made using teams of two or more officers whenever
reasonably possible.
(b) Whether individuals who are under imminent threat can be moved out of danger with
reasonable safety.
(c) Whether the officers have the ability to effectively communicate with others in the field.
(d) Whether planned tactics can be effectively deployed.
(e) The availability of rifles, shields, control devices, and any other appropriate tools, and
whether the deployment of these tools will provide a tactical advantage.
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Department
Rapid Response and Deployment
(f) In a case of a barricaded suspect with no hostages and no immediate threat to others,
officers should consider summoning and waiting for additional assistance (Emergency
Operations Unit (EOU) and/or hostage negotiation team response).
(g) If a suspect is actively engaged in the infliction of serious bodily harm or other
life-threatening activity toward others, the officer should take immediate action if
reasonably possible to stop the threat presented by the suspect while calling for
additional assistance.
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Department
Reporting Law Enforcement Activity Outside of

Jurisdiction
This policy provides general guidelines for reporting law enforcement activity while on- or off-duty
that is occurring outside the jurisdiction of the Brooklyn Center Police Department.
413.1.1 ASSISTANCE TO AGENCIES OUTSIDE THE CITY

When an officer is on-duty and is requested by an outside agency to participate in law enforcement
activity in another jurisdiction, he/she shall obtain prior approval from a supervisor. If the request
is of an emergency nature, the officer shall notify Dispatch before responding and thereafter notify
a supervisor as soon as practicable.
413.1.2 LAW ENFORCEMENT ACTIVITY OUTSIDE THE CITY

Any on-duty officer who engages in law enforcement activities of any type outside the immediate
jurisdiction of the Brooklyn Center shall notify a supervisor at the earliest possible opportunity.
Any off-duty officer who engages in any law enforcement activities, regardless of jurisdiction, shall
notify a supervisor as soon as reasonably practicable.
The supervisor shall determine if a case report or other documentation of the officer's activity
is required. The report or other documentation shall be forwarded to the officer's Division
Commander.
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Immigration Violations
The purpose of this policy is to provide guidelines to members of the Brooklyn Center Police
Department relating to immigration and interacting with federal immigration officials.
414.2 POLICY
It is the policy of the Brooklyn Center Police Department that all members make personal and
professional commitments to equal enforcement of the law and equal service to the public.
Confidence in this commitment will increase the effectiveness of this department in protecting and
serving the entire community and recognizing the dignity of all persons, regardless of their national
origin or immigration status.
414.3 VICTIMS AND WITNESSES

To encourage crime reporting and cooperation in the investigation of criminal activity, all
individuals, regardless of their immigration status, must feel secure that contacting or being
addressed by members of law enforcement will not automatically lead to immigration inquiry and/
or deportation. While it may be necessary to determine the identity of a victim or witness, members
shall treat all individuals equally and without regard to race, ethnicity, or national origin in any way
that would violate the United States or Minnesota constitutions.
414.3.1 BASIS FOR CONTACT

Unless immigration status is relevant to another criminal offense or investigation (e.g., harboring,
smuggling, terrorism), the fact that an individual is suspected of being an undocumented alien
shall not be the sole basis for contact, detention, or arrest.
414.3.2 SWEEPS
The Brooklyn Center Police Department does not conduct sweeps or other concentrated efforts
to detain suspected undocumented aliens.
When enforcement efforts are increased in a particular area, equal consideration should be given
to all suspected violations and not just those affecting a particular race, ethnicity, age, gender,
sexual orientation, religion, socioeconomic status, or other group.
The disposition of each contact (e.g., warning, citation, or arrest), while discretionary in each case,
should not be affected by such factors as race, ethnicity, age, gender, sexual orientation, religion,
or socioeconomic status.
414.3.3 ICE REQUEST FOR ASSISTANCE

If a specific request is made by ICE or any other federal agency, this department will provide
available support services, such as traffic control or peacekeeping efforts, during the federal
operation.
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Department
Members of this department should not participate in such federal operations as part of any
detention team unless it is in direct response to a request for assistance on a temporary basis
or for officer safety. Any detention by a member of this department should be based upon the
reasonable belief that an individual is involved in criminal activity.
414.3.4 IDENTIFICATION
Whenever any individual is reasonably suspected of a criminal violation (e.g., infraction,
misdemeanor, or felony), the investigating officer should take reasonable steps to determine the
individual's identity through valid identification or other reliable sources.
If an individual would have otherwise been released for an infraction or misdemeanor on a citation,
the person should be taken to the station and given a reasonable opportunity to verify his/her
true identity (e.g., telephone calls). If the person's identity is thereafter reasonably established,
the original citation release should be completed without consideration of immigration status.
414.3.5 ARREST
If the officer intends to take enforcement action and the individual is unable to reasonably establish
his/her true identity, the officer may take the person into custody on the suspected criminal violation
if there is a substantial likelihood that the individual will not show up at a later date (Minn. R. Crim.
P. § 6.01).
414.3.6 BOOKING
If there is a substantial likelihood that a person will not show up at a later date because he/she
cannot reasonably establish his/her true identity, the individual may be booked into jail for the
suspected criminal violation and held for bail (Minn. R. Crim. P. § 6.01).
414.3.7 DETENTION
A person detained exclusively for a misdemeanor should not be detained beyond what is
reasonably necessary for establishing his/her identity. Regardless of the status of the person's
identity, he/she should be released on a notice to appear in court for the violation or misdemeanor
violation or be taken into custody as authorized by statute or court rule.
414.3.8 NOTIFICATION OF IMMIGRATION AND CUSTOMS ENFORCEMENT

Whenever an officer has reason to believe that any person arrested for any offense under the
Minnesota law or any other felony may not be a citizen of the United States and the individual
is not going to be booked into jail, ICE may be notified by the arresting officer so that ICE may
consider placing an immigration hold on the individual.
If an officer has an articulable belief that an individual taken into custody for any misdemeanor
is an undocumented alien, and after he/she is formally booked there is no intention to transport
to the county jail, ICE may be informed by the arresting officer so that ICE may consider placing
an immigration hold on the individual.
Department
In making the determination whether to notify ICE in such circumstances, the officer should, in
consultation with a supervisor, consider the totality of circumstances of each case including, but
not limited to:
(a) Seriousness of the offense
(b) Community safety
(c) Impact on the immigrant community
Generally, officers will not need to notify ICE when booking arrestees at the county jail. Immigration
officials routinely interview suspected undocumented aliens who are booked into the county jail
on criminal charges and notification will be handled according to jail operation procedures.
414.4 DETENTIONS
An officer should not detain any individual, for any length of time, for a civil violation of federal
immigration laws or a related civil warrant.
An officer who has a reasonable suspicion that an individual already lawfully contacted or
detained has committed a criminal violation of federal immigration law may detain the person for
a reasonable period of time in order to contact federal immigration officials to verify whether an
immigration violation is a federal civil violation or a criminal violation. If the violation is a criminal
violation, the officer may continue to detain the person for a reasonable period of time if requested
by federal immigration officials (8 USC § 1357(g)(10)). No individual who is otherwise ready to
be released should continue to be detained only because questions about the individual’s status
are unresolved.
If the officer has facts that establish probable cause to believe that a person already lawfully
detained has committed a criminal immigration offense, he/she may continue the detention and
may request a federal immigration official to respond to the location to take custody of the detained
person (8 USC § 1357(g)(10)).
An officer is encouraged to forgo detentions made solely on the basis of a misdemeanor offense
when time limitations, availability of personnel, issues of officer safety, communication capabilities,
or the potential to obstruct a separate investigation outweigh the need for the detention.
An officer should notify a supervisor as soon as practicable whenever an individual is being
detained for a criminal immigration violation.

When notified that an officer has detained an individual and established reasonable suspicion or
probable cause to believe the person has violated a criminal immigration offense, the supervisor
should determine whether it is appropriate to:
(a) Transfer the person to federal authorities.
(b) Lawfully arrest the person for a criminal offense or pursuant to a judicial warrant (see
the Law Enforcement Authority Policy).
Department
414.5 TRAINING
The Training Sergeant shall ensure that all appropriate members receive immigration training.
414.6 U VISA AND T VISA NONIMMIGRANT STATUS

Under certain circumstances, federal law allows temporary immigration benefits, known as a U
visa, to victims and witnesses of certain qualifying crimes (8 USC § 1101(a)(15)(U)).
Similar immigration protection, known as a T visa, is available for certain qualifying victims of
human trafficking (8 USC § 1101(a)(15)(T)).
Any request for assistance in applying for U visa or T visa status should be forwarded in a timely
manner to the Chief of Police. The Chief of Police should:
(a) Consult with the assigned investigator to determine the current status of any related
case and whether further documentation is warranted.
(b) Contact the appropriate prosecutor assigned to the case, if applicable, to ensure the
certification or declaration has not already been completed and whether a certification
or declaration is warranted.
(c) Address the request and complete the certification or declaration, if appropriate, in a
timely manner.
1. The instructions for completing certification and declaration forms can be found
on the U.S. Department of Homeland Security (DHS) website.
(d) Ensure that any decision to complete, or not complete, a certification or declaration
form is documented in the case file and forwarded to the appropriate prosecutor.
Include a copy of any completed form in the case file.
414.7 INFORMATION SHARING

No member of this department will prohibit, or in any way restrict, any other member from doing
any of the following regarding the citizenship or immigration status, lawful or unlawful, of any
individual (8 USC § 1373):
(a) Sending information to, or requesting or receiving such information from federal
immigration officials
(b) Maintaining such information in department records
(c) Exchanging such information with any other federal, state, or local government entity
414.7.1 IMMIGRATION DETAINERS

No individual should be held based solely on a federal immigration detainer under 8 CFR 287.7
unless the person has been charged with a federal crime or the detainer is accompanied by a
warrant, affidavit of probable cause, or removal order. Notification to the federal authority issuing
the detainer should be made prior to the release.
Department
414.8 ARREST NOTIFICATION TO IMMIGRATION AND CUSTOMS ENFORCEMENT

Generally, an officer should not notify federal immigration officials when booking arrestees at a
county jail facility. Any required notification will be handled according to jail operation procedures.
No individual who is otherwise ready to be released should continue to be detained solely for the
purpose of notification.
414.9 FEDERAL REQUESTS FOR ASSISTANCE

Requests by federal immigration officials for assistance from this department should be directed
to a supervisor. The Department may provide available support services, such as traffic control
or peacekeeping efforts.
Department
Emergency Utility Service

The City Public Works Department has personnel available to handle emergency calls 24
hours per day. Calls for service during non-business hours are frequently directed to the Police
Department. Requests for such service received by this department should be handled in the
following manner.
415.1.1 BROKEN WATER LINES

Patrol staff and CSOs need to properly notify City utility staff when emergencies arise. In situations
where Hennepin Dispatch airs a call of an emergency sewer or water issue afterhours the following
procedure must be followed. The responding officer or CSO must immediately notify Dispatch to
contact the on-call utility person. They can be reached by pager at 612-648-9707. Dispatch will
not notify the on-call unless instructed to do so by the assigned officer.
415.1.2 ELECTRICAL LINES

City Public Works does not maintain electrical lines to street light poles. When a power line poses
a hazard, an officer should be dispatched to protect against personal injury or property damage
that might be caused by power lines. The electric company or Public Works should be promptly
notified, as appropriate.
415.1.3 RESERVOIRS, PUMPS AND WELLS

Public Works maintains the reservoirs and public water equipment, as well as several underpass
and other street drainage pumps. In the event of flooding or equipment malfunctions, emergency
personnel should be contacted as soon as possible.
415.1.4 EMERGENCY NUMBERS

A current list of emergency personnel who are to be called for municipal utility emergencies will
be maintained by Dispatch.
415.2 TRAFFIC SIGNAL MAINTENANCE

The City of Brooklyn Center contracts with a private maintenance company to furnish maintenance
for all traffic signals within the City, other than those maintained by the Minnesota Department of
Transportation (Mn/DOT).
415.2.1 OFFICER’S RESPONSIBILITIES

Upon observing a damaged or malfunctioning signal, the officer will advise Dispatch of the location
and problem with the signal. The dispatcher should make the necessary notification to the proper
maintenance agency.
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Department
Patrol Rifles
To more effectively and accurately address the increasing level of firepower and body armor
utilized by criminal suspects, the Brooklyn Center Police Department will make patrol rifles
available to qualified officers as an additional and more immediate tactical resource.
416.2 PATROL RIFLE
416.2.1 DEFINITION
Patrol Rifle - An authorized weapon which is owned by the Department and which is made
available to properly trained and qualified officers as a supplemental resource to their duty
handgun. No personally owned rifles may be carried for patrol duty unless pre-approved in writing
by the Chief of Police.
416.3 SPECIFICATIONS
Only weapons and ammunition that meet agency authorized specifications, approved by the
Chief of Police and issued by the Department, may be used by officers in their law enforcement
responsibilities. The authorized patrol rifle issued by the Department is the Smith and Wesson
M&P 15.
416.4 RIFLE MAINTENANCE

(a) Primary responsibility for maintenance of patrol rifles shall fall on the armorer, who
shall inspect and service each patrol rifle on a monthly basis.
(b) Each patrol officer shall be responsible for promptly reporting any damage or
malfunction of an assigned patrol rifle to a supervisor or armorer.
(c) Any patrol rifle found to be unserviceable shall also be clearly identified as non-
serviceable, including details regarding the unserviceable condition.
(d) Each patrol rifle shall be subject to inspection by a supervisor or armorer at any time.
(e) No modification shall be made to any patrol rifle without approval of the Chief of Police
or Division Commander and modification must be made by a department armorer.
416.5 TRAINING
Officers shall not carry or utilize the patrol rifle unless they have successfully completed
Department training. This training shall consist of an initial patrol rifle user's course and
qualification score with a certified patrol rifle instructor. Officers shall thereafter be required to
successfully complete training and yearly firearms proficiency qualification conducted by a certified
patrol rifle instructor.
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Department
Patrol Rifles
416.6 DEPLOYMENT OF THE PATROL RIFLE

Officers may deploy the patrol rifle in any circumstance where the officer can articulate a
reasonable expectation that the rifle may be needed. Examples of some general guidelines for
deploying the patrol rifle may include, but are not limited to:
(a) Situations where the officer reasonably anticipates an armed encounter.
(b) When an officer is faced with a situation that may require the delivery of accurate and
effective fire at long range.
(c) Situations where an officer reasonably expects the need to meet or exceed a suspect’s
firepower.
(d) When an officer reasonably believes that there may be a need to deliver fire on a
barricaded suspect or a suspect with a hostage.
(e) When an officer reasonably believes that a suspect may be wearing body armor.
(f) When authorized or requested by a supervisor.
(g) When appropriate to aid in the dispatch of an animal.
416.7 DISCHARGE OF THE PATROL RIFLE

The discharge of the patrol rifle shall be governed by the Use of Force Policy and the Shooting
Policy.
416.8 PATROL READY

Any qualified officer carrying a patrol rifle in the field shall maintain the weapon in a patrol ready
condition until deployed. A rifle is considered in a patrol ready condition when it has been inspected
by the assigned officer, the fire selector switch is in the safe position, the chamber is empty, and
a fully loaded magazine is inserted into the magazine well.
416.9 RIFLE STORAGE

(a) When not in use, patrol rifles will be stored in the Department armory in rifle racks.
(b) In-service patrol rifles should be secured in the vehicle gun lock or case.
(c) At the end of the assigned officer's shift, the patrol rifle will be returned and secured
in the Department armory.
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Department
Aircraft Crashes
The purpose of this policy is to provide department members with guidelines for handling aircraft
accidents.
417.1.1 DEFINITIONS
Aircraft - Any fixed wing aircraft, rotorcraft, balloon, blimp/dirigible or glider that is capable of
carrying a person or any unmanned aerial vehicle other than those intended for non-commercial
recreational use.
417.2 POLICY
It is the policy of the Brooklyn Center Police Department to provide an appropriate emergency
response to aircraft accidents. This includes emergency medical care and scene management.
417.2.1 OFFICER RESPONSIBILITY

Officers should treat an aircraft crash site as a crime scene until it is determined that such is not
the case. If a military aircraft is involved, additional dangers, such as live ordnance or hazardous
materials, may be present. The scene may require additional security due to the potential presence
of confidential equipment or information.
The duties of the responding officers at the scene of an aircraft crash include the following:
(a) Determine the nature and extent of the crash.
(b) Request additional personnel and other resources to respond as needed.
(c) Provide assistance for the injured parties until the arrival of emergency medical
services.
(d) Cordon off and contain the area to exclude unauthorized individuals as soon as
practicable.
(e) Provide crowd control and other assistance until directed otherwise by a supervisor.
(f) Ensure the Medical Examiner's Office is notified if a death occurs.
(g) Notify Hennepin County Crime Lab for assistance with documentation.
Entering an aircraft or tampering with parts or debris is only permissible for the purpose of removing
injured or trapped occupants, protecting the wreckage from further damage, or protecting the
public from danger. If reasonably possible, the investigating authority should first be consulted
before entering or moving any aircraft or any crash debris. Photographs or sketches of the original
positions should be made whenever feasible.
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Department
Aircraft Crashes
The fire department will be responsible for control of the crash scene until the injured parties
are cared for and the crash scene has been rendered safe for containment. Thereafter, police
personnel will be responsible for preserving the scene until relieved by the investigating authority.
Once the scene is relinquished to the investigating authority, personnel from this agency may
assist in containment of the scene until the investigation is completed or assistance is no longer
needed.
An airport service worker or the airport manager may respond to the scene to assist the on-scene
commander with technical expertise, should it be needed during the operation.
417.2.2 NATIONAL TRANSPORTATION SAFETY BOARD

The National Transportation Safety Board (NTSB) has the primary responsibility for investigating
crashes involving civil aircraft. In the case of a military aircraft incident, the appropriate branch of
the military will be involved in the investigation. The NTSB is concerned with several aspects of
a crash as described in this section.
Every effort should be made to preserve the scene to the extent reasonably possible in the
condition in which it was found until such time as NTSB or other authorized personnel arrive to
take charge of the scene.
Military personnel will respond to take charge of any military aircraft involved, regardless of any
injury or death.
If the crash did not result in a death or injury and the NTSB elects not to respond, the pilot or
owner may assume control of the aircraft.
Removal of the wreckage shall be done under the guidance of the NTSB or military authorities or,
if the NTSB is not responding for an on-site investigation, at the discretion of the pilot or the owner.
417.2.3 SUPPORT SERVICES MANAGER RESPONSIBILITIES

The Support Services Supervisor is responsible for the following:
(a) Forward and maintain an approved copy of the crash report to the Minnesota
Department of Transportation Aeronautics and Aviation Section.
(b) Forward a copy of the report to the Patrol Division Commander and the manager of
the affected airport.
417.2.4 PUBLIC INFORMATION OFFICER RESPONSIBILITIES

The Police Department Public Information Officer is responsible for the following:
(a) Obtain information for a press release from the on-scene commander or designee.
(b) When practicable, the Department Public Information Officer should coordinate with
the FAA Press Information Officer to prepare a press release for distribution to the
media.
Department
Aircraft Crashes
Information released to the press regarding any aircraft crash should be handled by the
Department Public Information Officer or in accordance with existing policy.
417.3 DOCUMENTATION
Any aircraft crash within the City, regardless of whether injuries or deaths occur, shall be
documented.
Department
Field Training Officer Program

The Field Training Officer Program is intended to provide a standardized program to facilitate the
officer's transition from the academic setting to the actual performance of general law enforcement
duties of the Brooklyn Center Police Department.
It is the policy of this department to assign all new police officers to a structured Field Training
Officer Program that is designed to prepare the new officer to perform in a patrol assignment, and
to acquire all of the skills needed to operate in a safe, productive, and professional manner.
418.2 FIELD TRAINING OFFICER - SELECTION AND TRAINING

The Field Training Officer (FTO) is an experienced officer trained in the art of supervising, training,
and evaluating entry-level and lateral police officers in the application of their previously acquired
knowledge and skills.
418.2.1 SELECTION PROCESS

FTOs will be selected based on the following requirements:
(a) Desire to be an FTO.
(b) Minimum of three years of patrol experience, two of which shall be with this
department.
(c) Demonstrated ability as a positive role model.
(d) Participate and pass an internal selection process.
(e) Evaluation by supervisors and current FTOs.
(f) Possess an FTO certificate of completion from a Minnesota POST Board-approved
course.
418.2.2 CONTINUED TRAINING

All FTOs should complete a POST-approved FTO update course every five years while assigned
to the position of FTO.
418.3 FIELD TRAINING OFFICER PROGRAM SUPERVISOR

The Field Training Officer Program supervisor will be selected by the division commander or
designee.
The responsibilities of the FTO Program supervisor include the following:
(a) Assignment of trainees to FTOs.
(b) Conduct FTO meetings.
(c) Maintain and ensure FTO/trainee performance evaluations are completed.
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(d) Maintain, update, and issue the Field Training Manual to each trainee.
(e) Monitor individual FTO performance.
(f) Monitor overall FTO Program.
(g) Maintain liaison with FTO coordinators of other agencies.
(h) Develop ongoing training for FTOs.
The FTO Program supervisor will be required to obtain a Field Training Officer supervisory
certificate from a Minnesota POST Board-approved course within one year of appointment to this
position.
418.4 TRAINEE DEFINED

Trainee - Any entry level or lateral police officer newly appointed to the Brooklyn Center Police
Department who possesses a Minnesota POST license, or is eligible to be licensed.
418.5 REQUIRED TRAINING

Entry level officers shall be required to successfully complete the Field Training Program.
The training period for lateral officers may be modified depending on the trainee's demonstrated
performance and level of experience, but shall consist of a minimum of eight weeks.
The required training will take place on at least two different shifts and with at least two different
FTOs, if reasonably possible.
418.5.1 FIELD TRAINING MANUAL

Each new officer will be issued a Field Training Manual at the beginning of his/her Primary Training
Phase. This manual is an outline of the subject matter and skills necessary to properly function as
an officer with the Brooklyn Center Police Department. The officer shall become knowledgeable
of the subject matter as outlined. He/she shall also become proficient with those skills as set forth
in the manual.
The Field Training Manual will specifically cover those policies, procedures, rules, and regulations
enacted by the Brooklyn Center Police Department.
418.6 EVALUATIONS
Evaluations are an important component of the training process and shall be completed as outlined
below.
418.6.1 FIELD TRAINING OFFICER

The FTO will be responsible for the following:
(a) Completing and submitting a written evaluation on the performance of the assigned
trainee to the trainee's immediate FTO on a daily basis.
(b) Reviewing the Daily Trainee Performance Evaluations with the trainee each day.
Department
(c) Completing a detailed end-of-phase performance evaluation on the assigned trainee

at the end of each phase of training.
(d) Signing off all completed topics contained in the Field Training Manual, noting the
method of learning and evaluating the performance of the assigned trainee.
418.6.2 IMMEDIATE SUPERVISOR

The Field Training Supervisor shall review the Daily Trainee Performance Evaluations.
418.6.3 FIELD TRAINING ADMINISTRATOR

The Field Training Supervisor will review and approve the Daily Trainee Performance Evaluations
submitted by the FTO.
The Field Training Administrator will hold periodic meetings with all FTOs to ensure understanding
and compliance with the requirements of the Field Training Program. At least annually, the Field
Training Administrator will hold a process review meeting with all FTOs to discuss changes needed
in the FTO Program. A summary of this meeting, with any recommendations or changes made,
will be documented and forward to the Patrol Division Commander.
418.7 DOCUMENTATION
All documentation of the Field Training Program will be retained in the officer's training files, and
will consist of the following:
(a) Daily Trainee Performance Evaluations.
(b) End of phase evaluations.
(c) A Certificate of Completion, certifying that the trainee has successfully completed the
field training program.
Department
Obtaining Air Support

The use of air support can be invaluable in certain situations. This policy specifies potential
situations where the use of air support may be requested, and the responsibilities for making a
request.
419.2 REQUEST FOR AIR SUPPORT ASSISTANCE

If a supervisor or officer in charge of an incident determines that the use of air support would be
beneficial, a request to obtain air support assistance may be made.
419.2.1 REQUEST FOR ASSISTANCE FROM ANOTHER AGENCY

After consideration and approval of the request for air support, the supervisor or officer in charge
will call the closest agency having air support available. The supervisor or officer in charge will
apprise that agency of the specific details of the incident prompting the request.
419.2.2 CIRCUMSTANCES UNDER WHICH AID MAY BE REQUESTED

Law enforcement air support may be requested under any of the following conditions:
(a) When the aircraft is activated under existing mutual aid agreements.
(b) Whenever the safety of law enforcement personnel is in jeopardy and the presence
of the aircraft may reduce such hazard.
(c) When the use of aircraft will aid in the capture of a suspected fleeing felon whose
continued freedom represents an ongoing threat to the community.
(d) When an aircraft is needed to locate a person who has strayed or is lost, and whose
continued absence constitutes a serious health or safety hazard.
(e) Vehicle pursuits (Minn. Stat. § 626.8458).
(f) When the shift supervisor or equivalent authority determines a reasonable need exists.
While it is recognized that the availability of air support will generally provide valuable assistance
to ground personnel, the presence of air support will rarely replace the need for officers on the
ground.
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Department
Contacts and Temporary Detentions

The purpose of this policy is to establish guidelines for temporarily detaining but not arresting
persons in the field, conducting field interviews (FI) and pat-down searches, and the taking and
disposition of photographs.
420.1.1 DEFINITIONS
Consensual encounter - When an officer contacts an individual but does not create a detention
through words, actions, or other means. In other words, a reasonable individual would believe that
his/her contact with the officer is voluntary.
Field interview (FI) - The brief detainment of an individual, whether on foot or in a vehicle, based
on reasonable suspicion for the purpose of determining the individual's identity and resolving the
officer's suspicions.
Field photographs - Posed photographs taken of a person during a contact, temporary detention,
or arrest in the field. Undercover surveillance photographs of an individual and recordings captured
by the normal operation of a Mobile Video Recorder (MVR) system, body-worn camera, or public
safety camera when persons are not posed for the purpose of photographing are not considered
field photographs.
Pat-down search - A type of search used by officers in the field to check an individual for
dangerous weapons. It involves a thorough patting-down of clothing to locate any weapons or
dangerous items that could pose a danger to the [officer_deputy], the detainee, or others.
Reasonable suspicion - When, under the totality of the circumstances, an officer has articulable
facts that criminal activity may be afoot and a particular person is connected with that possible
criminal activity.
Temporary detention - When an officer intentionally, through words, actions, or physical force,
causes an individual to reasonably believe he/she is required to restrict his/her movement without
an actual arrest. Temporary detentions also occur when an officer actually restrains a person’s
freedom of movement.
420.2 FIELD INTERVIEWS

Based on observance of suspicious circumstances or upon information from investigation, an
officer may initiate the stop of a person, and conduct an FI, when there is articulable, reasonable
suspicion to do so. A person, however, shall not be detained longer than is reasonably necessary
to resolve the officer’s suspicion.
Nothing in this policy is intended to discourage consensual contacts. Frequent casual contact with
consenting individuals is encouraged by the Brooklyn Center Police Department to strengthen
community involvement, community awareness, and problem identification.
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Department
420.2.1 INITIATING A FIELD INTERVIEW

When initiating the stop, the officer should be able to point to specific facts which, when considered
with the totality of the circumstances, reasonably warrant the stop. Such facts include but are not
limited to an individual’s:
(a) Appearance or demeanor suggesting that he/she is part of a criminal enterprise or is
engaged in a criminal act.
(b) Actions suggesting that he/she is engaged in a criminal activity.
(c) Presence in an area at an inappropriate hour of the day or night.
(d) Presence in a particular area is suspicious.
(e) Carrying of suspicious objects or items.
(f) Excessive clothes for the climate or clothes bulging in a manner that suggest he/she
is carrying a dangerous weapon.
(g) Location in proximate time and place to an alleged crime.
(h) Physical description or clothing worn that matches a suspect in a recent crime.
(i) Prior criminal record or involvement in criminal activity as known by the officer.
420.3 PAT-DOWN SEARCHES

Once a valid stop has been made, and consistent with the officer’s training and experience, an
officer may pat a suspect’s outer clothing for weapons if the officer has a reasonable, articulable
suspicion the suspect may pose a safety risk. The purpose of this limited search is not to discover
evidence of a crime, but to allow the officer to pursue the investigation without fear of violence.
Circumstances that may establish justification for performing a pat-down search include but are
not limited to:
(a) The type of crime suspected, particularly in crimes of violence where the use or threat
of weapons is involved.
(b) Where more than one suspect must be handled by a single officer.
(c) The hour of the day and the location or area where the stop takes place.
(d) Prior knowledge of the suspect's use of force and/or propensity to carry weapons.
(e) The actions and demeanor of the suspect.
(f) Visual indications which suggest that the suspect is carrying a firearm or other
dangerous weapon.
Whenever practicable, a pat-down search should not be conducted by a lone officer. A cover
officer should be positioned to ensure safety and should not be involved in the search.
420.4 FIELD PHOTOGRAPHS

Before photographing any field detainee, the officer shall carefully consider, among other things,
the factors listed below.
Department
420.4.1 FIELD PHOTOGRAPHS TAKEN WITH CONSENT

Field photographs may be taken when the subject of the photograph knowingly and voluntarily
gives consent.
420.4.2 FIELD PHOTOGRAPHS TAKEN WITHOUT CONSENT

Field photographs may be taken without consent only if they are taken during a detention that
is based upon reasonable suspicion of criminal activity, and the photograph serves a legitimate
law enforcement purpose related to the detention. The officer must be able to articulate facts that
reasonably indicate that the subject was involved in, or was about to become involved in, criminal
conduct.
If, prior to taking a photograph, the officer's reasonable suspicion of criminal activity has been
dispelled, the detention must cease and the photograph should not be taken.
All field photographs and related reports shall be retained in compliance with this policy.

While it is recognized that field photographs often become valuable investigative tools, supervisors
should monitor such practices in view of the above listed considerations. This is not to imply
that supervisor approval is required before each photograph is taken. Field photographs shall be
classified as law enforcement data under Minn. Stat. § 13.82, and shall be collected, maintained,
and disseminated consistent with the Minnesota Government Data Practices Act. Access to, and
use of, field photographs shall be strictly limited to law enforcement purposes.
420.4.4 DISPOSITION OF PHOTOGRAPHS

All detainee photographs must be adequately labeled and submitted to the Shift Sergeant with
either an associated FI card or other documentation explaining the nature of the contact. If an
individual is photographed as a suspect in a particular crime, the photograph should be submitted
as an evidence item in the related case, following standard evidence procedures.
If a photograph is not associated with an investigation where a case number has been issued, the
Shift Sergeant should review and forward the photograph to one of the following locations:
(a) If the photograph and associated FI or documentation is relevant to criminal
organization/enterprise enforcement, the Shift Sergeant will forward the photograph
and documents to the designated criminal intelligence system supervisor. The
supervisor will ensure the photograph and supporting documents are retained as
prescribed in the Criminal Organizations Policy.
(b) Photographs that do not qualify for retention in a criminal intelligence system or
temporary information file shall be forwarded to the Support Services.
When a photograph is taken in association with a particular case, the investigator may use such
photograph in a photo lineup. Thereafter, the individual photograph should be retained as a part
of the case file. All other photographs shall be retained in accordance with the established records
retention schedule.
Department
420.5 WITNESS IDENTIFICATION AND INTERVIEWS

Because potential witnesses to an incident may become unavailable or the integrity of their
statements compromised with the passage of time, officers should, when warranted by the
seriousness of the case, take reasonable steps to promptly coordinate with an on-scene supervisor
and/or criminal investigator to utilize available members for the following:
(a) Identifying all persons present at the scene and in the immediate area.
1. When feasible, a recorded statement should be obtained from those who claim
not to have witnessed the incident but who were present at the time it occurred.
2. Any potential witness who is unwilling or unable to remain available for a formal
interview should not be detained absent reasonable suspicion to detain or
probable cause to arrest. Without detaining the individual for the sole purpose
of identification, officers should attempt to identify the witness prior to his/her
departure.
(b) Witnesses who are willing to provide a formal interview should be asked to meet at a
suitable location where criminal investigators may obtain a recorded statement. Such
witnesses, if willing, may be transported by department members.
1. A written, verbal, or recorded statement of consent should be obtained prior to
transporting a witness. When the witness is a minor, consent should be obtained
from the parent or guardian, if reasonably available, prior to transport.
420.6 POLICY
The Brooklyn Center Police Department respects the right of the public to be free from
unreasonable searches or seizures. Due to an unlimited variety of situations confronting the
officer, the decision to temporarily detain a person and complete an FI, pat-down search, or field
photograph shall be left to the officer based on the totality of the circumstances, officer safety
considerations, and constitutional safeguards.
Department
Criminal Gangs
The purpose of this policy is to ensure that the Brooklyn Center Police Department appropriately
utilizes criminal intelligence systems and temporary information files to support investigations of
criminal organizations and enterprises.
421.1.1 DEFINITIONS
Criminal intelligence system - Any record system that receives, stores, exchanges or
disseminates information that has been evaluated and determined to be relevant to the
identification of a criminal organization or enterprise, its members or affiliates. This does not
include temporary information files.
421.2 POLICY
The Brooklyn Center Police Department recognizes that certain criminal activities, including but
not limited to gang crimes and drug trafficking, often involve some degree of regular coordination
and may involve a large number of participants over a broad geographical area.
It is the policy of this department to collect and share relevant information while respecting the
privacy and legal rights of the public.
421.3 CRIMINAL INTELLIGENCE SYSTEMS

No Department member may create, submit to, or obtain information from a criminal intelligence
system unless the Chief of Police has approved the system for Department use.
Any criminal intelligence system approved for Department use should meet or exceed the
standards of 28 CFR 23.20.
A supervisor or designee will be responsible for maintaining each criminal intelligence system
that has been approved for Department use. The supervisor or the authorized designee should
ensure the following:
(a) Members using any such system are appropriately selected and trained.
(b) Use of every criminal intelligence system is appropriately reviewed and audited.
(c) Any system security issues are reasonably addressed.
421.3.1 SYSTEM ENTRIES

It is the designated supervisor's responsibility to approve the entry of any information from a report,
photo, or other relevant document into an authorized criminal intelligence system. If entries are
made based upon information that is not on file with this department, such as open or public
source documents or documents that are on file at another agency, the designated supervisor
should ensure copies of those documents are retained by the Support Services. Any supporting
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Department
Criminal Gangs
documentation for an entry shall be retained by the Support Services in accordance with the
established records retention schedule, and for at least as long as the entry is maintained in the
system.
The designated supervisor should ensure that any documents retained by the Support Services
are appropriately marked as intelligence information. The support services manager may not
purge such documents without the approval of the designated supervisor.
421.3.2 ENTRIES INTO CRIMINAL GANG INVESTIGATIVE DATA SYSTEM

It is the designated supervisor’s responsibility to approve the entry of any information into
the criminal gang investigative data system maintained by the Minnesota Bureau of Criminal
Apprehension and authorized by Minn. Stat. § 299C.091. Entries may be made if the individual is
14 years of age or older and the Department documents the following:
(a) The Department has reasonable suspicion to believe that the individual has met at
least three of the criteria or identifying characteristics of gang membership, developed
by the Violent Crime Coordinating Council.
(b) The individual has been convicted of a gross misdemeanor or felony, or has been
adjudicated or has a stayed adjudication as a juvenile for an offense that would be a
gross misdemeanor or felony if committed by an adult.
421.4 TEMPORARY INFORMATION FILE

No member may create or keep files on individuals that are separate from the approved criminal
intelligence system. However, members may maintain temporary information that is necessary to
actively investigate whether a person or group qualifies for entry into the department-approved
CIS only as provided in this section. Once information qualifies for inclusion, it should be submitted
to the supervisor responsible for consideration of CIS entries.
421.4.1 FILE CONTENTS

A temporary information file may only contain information and documents that, within one year, will
have a reasonable likelihood to meet the criteria for entry into an authorized criminal intelligence
system.
Information and documents contained in a temporary information file:
(a) Must only be included upon documented authorization of the responsible department
supervisor.
(b) Should not be originals that would ordinarily be retained by the Support Services or
Property Room, but should be copies of, or references to, retained documents such
as copies of reports, Dispatch records, or booking forms.
(c) Shall not include opinions. No person, organization, or enterprise shall be labeled as
being involved in crime beyond what is already in the document or information.
Department
Criminal Gangs
(d) May include information collected from publicly available sources or references to
documents on file with another government agency. Attribution identifying the source
should be retained with the information.
421.4.2 FILE REVIEW AND PURGING

The contents of a temporary information file shall not be retained longer than one year. At the
end of one year, the contents must be purged or entered in an authorized criminal intelligence
system, as applicable.
The designated supervisor shall periodically review the temporary information files to verify that
the contents meet the criteria for retention. Validation and purging of files is the responsibility of
the supervisor.
421.5 INFORMATION RECOGNITION

Department members should document facts that suggest an individual, organization, or
enterprise is involved in criminal activity, and should forward that information appropriately.
Examples include, but are not limited to:
(a) Gang indicia associated with a person or residence.
(b) Information related to a drug-trafficking operation.
(c) Vandalism indicating an animus for a particular group.
(d) Information related to an illegal gambling operation.
Department supervisors who utilize an authorized criminal intelligence system should train
members to identify information that may be particularly relevant for inclusion.
421.6 RELEASE OF INFORMATION

Department members shall comply with the rules of an authorized criminal intelligence system
regarding inquiries and release of information.
Information from a temporary information file may only be furnished to Department members and
other law enforcement agencies on a need-to-know basis and consistent with the Records Release
and Security Policy.
When an inquiry is made by the parent or guardian of a juvenile as to whether that juvenile's
name is in a temporary information file, such information should be provided by the supervisor
responsible for the temporary information file, unless there is good cause to believe that the
release of such information might jeopardize an ongoing criminal investigation.
421.7 CRIMINAL STREET GANGS
The Investigations Division supervisor should ensure that there are an appropriate number
of Department members who can:
Department
Criminal Gangs
(a) Coordinate with other agencies in the region regarding criminal street gang crimes
and information.
421.8 TRAINING
The Department should provide training on best practices in the use of each authorized criminal
intelligence system to those tasked with investigating criminal organizations and enterprises.
Training should include:
(a) The protection of civil liberties.
(b) Participation in a multi-agency criminal intelligence system.
(c) Submission of information into a multi-agency criminal intelligence system or the
receipt of information from such a system, including any governing federal and state
rules and statutes.
(d) The type of information appropriate for entry into a criminal intelligence system or
temporary information file.
(e) The review and purging of temporary information files.
Department
Shift Supervision
Each patrol shift must be directed by a supervisor who is capable of making decisions and
communicating in a manner consistent with Department policies, procedures, practices, functions,
and objectives.
422.2 DESIGNATION AS ACTING SHIFT SERGEANT

When a sergeant is unavailable for duty as shift sergeant, in most instances the senior officer shall
be designated as acting shift supervisor.
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Department
Mobile Video Recorders

The Brooklyn Center Police Department has equipped patrol vehicles and law enforcement
operators with Mobile Video Recording (MVR) systems. The purpose of this policy is to provide
department members with guidelines for the use, management, access, storage, retrieval and
retention of audio-visual media recorded by MVR systems.
423.1.1 DEFINITIONS
• Activate – Any process that causes the MVR system to transmit or store video or audio
in an active mode.
• Mobile Video Recorder (MVR) – Any system that captures audio-visual signals that
is capable of installation in a vehicle or worn by a law enforcement operator and that
includes at a minimum, a camera, a microphone and recorder.
• Law Enforcement Operator (LEO) – Primarily a licensed peace officer but on occasion
may be a non-licensed representative such as a Community Service Officer who is
trained, authorized and assigned to operate MVR equipment.
• MGDPA – The Minnesota Government Data Practices Act, Minnesota Statutes
Chapter 13.
• PODPA – The Peace Officers Discipline Procedures Act, Minnesota Statutes Section
626.89.
• Property and Evidence Technician – Personnel certified or trained in receiving and
storing evidence and property, maintaining property inventory records with proper
“chain of custody” notations and any and all actions associated with the property or
evidence.
• MVR Administrator – A member of this department, who assigns, tracks and maintains
MVR equipment, oversees needed repairs, or replacement equipment through the
vendor, controls user rights and access, and acts as a liaison with the vendor.
• MVR Technician – Personnel certified or trained in the operational use and repair of
MVR's, duplicating methods, storage and retrieval methods and procedures and who
possesses a working knowledge of video forensics and evidentiary procedures.
• Recorded Media – Audio-visual signals that are recorded or stored.
423.2 POLICY
The Brooklyn Center Police Department may equip officers with access to Mobile Video Recorders
for use during their official duties. Use of recorders is intended to enhance the department’s
mission by accurately documenting contacts between members of the department and the public.
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Department
423.2.1 MOBILE VIDEO RECORDER OBJECTIVES

The Brooklyn Center Police Department has adopted the use of MVR's to accomplish the following
objectives:
(a) To enhance officer safety;
(b) To document statements and events during the course of an incident;
(c) To enhance the officer’s ability to document and review statements and actions for
both internal reporting requirements and for courtroom preparation;
(d) To preserve audio and visual information for use in current and future investigations;
(e) To provide a tool for self-critique and field evaluation during officer training;
(f) To enhance the public trust by preserving factual representations, and interactions
between officers and citizens in the form of audio/video recordings;
(g) To assist with the defense of civil actions against law enforcement officers and the
City of Brooklyn Center;
(h) To assist with training and evaluation of officers.

Officers who are issued a MVR will, as part of their uniform, wear and activate the MVR consistent
with this policy. Prior to going into service each officer will also ensure that all assigned MVR
equipment is working properly. If the MVR is not working properly the shift supervisor shall be
notified as soon as possible. If the device is body worn, a functioning device should be obtained
as soon as reasonably practicable. Each officer should have adequate recording media for the
entire duty assignment.
At the start of each shift, officers will confirm the MVR system is operational in accordance with
manufacturer specifications and department operating procedures and training.
System documentation is accomplished by the officer verifying his/her name, and date/time
accuracy.
During their shift, officers will follow the established policies and procedures for documenting,
categorizing and retaining any recorded media.
Any member assigned to a non-uniformed position may carry an approved MVR at any time the
member believes that such a device may be useful. If a non-uniformed member decides to carry
an approved MVR it should be worn in a conspicuous manner.
Damage to, loss or theft of MVR equipment shall immediately be reported to the shift supervisor.
423.4 ACTIVATING THE MVR

Vehicle mounted MVR's and body worn MVRs may be activated manually or automatically
whenever the vehicle’s emergency lights are fully activated or when the vehicle’s speed reaches
Department
80 mph. Other automatic triggers to event recording may be activated at the discretion of Police
Administration.
423.4.1 REQUIRED ACTIVATION OF THE MVR

This policy is not intended to describe every situation in which the MVR system may be used,
although there are many situations where its use is appropriate. An officer may activate the
system any time the officer believes its use would be appropriate and/or valuable to document
the incident.
In some circumstances it may not be possible to capture images of the incident due to conditions
or the location of the camera; however, the audio portion may still be used as valuable evidence.
At no time is an officer expected to compromise officer safety in order to activate an MVR; however,
the MVR should be activated in the following situations as soon as practicable:
(a) All field contacts involving actual or potential criminal conduct, including but not limited
to:
1. Traffic encounters (to include but not limited to, traffic violations, motorist assists
and all vehicle interdiction stops);
2. Emergency vehicle responses;
3. Vehicle pursuits;
4. Suspicious vehicles;
5. Arrests;
6. Vehicle searches;
7. Physical or verbal confrontations;
8. Use of force;
9. Prisoner or non-custody transports;
10. Subjects stops of pedestrians or bicyclists;
11. DWI investigations including field sobriety tests;
12. Crimes in progress;
13. Mental health or persons in crisis related calls;
14. Taking a statement from a witness or suspect;
15. Whenever ordered to by a supervisor;
16. Any situation or incident that the officer, through training and experience,
believes should be audibly and/or visually recorded.
(b) All self-initiated activity where an officer would normally notify Hennepin County
Dispatch.
Department
(c) Any call for service involving a crime where the MVR may aid in the apprehension
and/or prosecution of a suspect.
(d) Any other contact that becomes adversarial after the initial contact, in situations that
would otherwise not require recording.
Officers are required to notify those being recorded by a MVR whenever asked by the subject
being recorded.
Department members should remain sensitive to the dignity of all individuals being recorded
and exercise sound discretion to respect privacy by discontinuing recording whenever it
reasonably appears to the department member that such privacy may outweigh any legitimate
law enforcement interest in recording.
423.4.2 CESSATION OF RECORDING

(a) Once activated the MVR system should remain on continuously until the officer’s direct
participation in the incident is complete or the situation no longer fits the activation.
(b) Recording may be temporarily ceased to exchange information with other officers. In
such instances officers may actively record video and mute the audio portion of the
MVR.
(c) Recording may cease during non-enforcement activities such as waiting for a tow truck
or a family member to arrive, or in other similar situations.
(d) Cessation of recording may also occur at the direction of a supervisor.
(e) Department members will cease recording of body worn devices when entering the
Hennepin County Jail.
423.4.3 WHEN ACTIVATION IS NOT REQUIRED

Activation of the MVR system is not required:
(a) During encounters with undercover officers or informants;
(b) When an officer is on break or is otherwise engaged in personal activities;
(c) In any locations where a reasonable expectation of privacy exists, such as a restroom,
locker room or break room;
(d) When not in service or actively on patrol.

Shift supervisors should determine if non-functioning squad mounted MVR systems should be
placed into service. If these MVR’s are placed into service, the appropriate documentation should
be made. Supervisors should determine corrective action for all non-functioning MVR equipment.
Supervisors should ensure officers are using their MVR equipment per policy.
Department
When an incident arises that requires the immediate retrieval of the recorded media (e.g. serious
crime scenes, officer involved shootings, department vehicle involved accidents), a supervisor
shall respond to the scene and ensure the MVR is properly uploaded.
When conducting use of force reviews supervisors shall view any available MVR recordings as
part of their review.
Supervisors are authorized to stream live audio and video feeds to ensure officer safety and
equipment serviceability, or at the request of the officer. Officers will be advised of the streaming
operation verbally by the supervisor and visually on the MCD screen by a blue streaming indicator
light.
At reasonable intervals, supervisors should validate that:
(a) Beginning and end of shift recording procedures are being followed;
(b) The operation of MVR systems by new employees is assessed and reviewed no less
than monthly.
423.5 USE OF RECORDERS

Minnesota law permits an individual to record any conversation in which one party to the
conversation has given his/her permission (Minn. Stat. 626A.02).
Members of this department may record any conversation during the course of a criminal
investigation in which the officer reasonably believes that such a recording will be lawful and
beneficial to the investigation.
Members of this department shall not record another member of the department without a court
order unless lawfully authorized by the Chief of Police, or authorized designee, for the purposes
of conducting a criminal investigation.
423.6 PROHIBITED USE OF RECORDERS

Intentional interference with the MVR systems is strictly prohibited.
Officers are prohibited from using department-issued MVR equipment for personal use and are
prohibited from making personal copies of recordings created while on-duty or while acting in their
official capacity.
The MVR will not be intentionally activated to record conversations of fellow employees without
their knowledge during routine, non-enforcement related activities.
There shall be no audio or video recordings made in any court of law, unless authorized by a judge
(Minn. Court Rule 4, General Rules of Practice).
423.7 RETENTION OF MVR DATA

Arbitrator System Classification and Retention
Classification Retention Period
Department
AOA/Emergency Vehicle Response 90 Days (3 months)

Arrest 730 Days (2 years)
Citation 730 Days (2 years)
Critical Incident/Flag for Review 180 Days (6 months)
Field Contact/Routine Call/Warning 90 Days (3 months)
Death/Death Statement Permanent
Homicide/Homicide Statement Permanent
Statement - All Others 730 Days (2 years)
Statement - CSC / Arson Permanent
Transport 90 Days (3 months)
Test/Accidental 90 Days (3 months)
Use of Force 2190 Days (6 years)
Internal Investigation 2190 Days (6 years)
Videos Not Classified 90 Days (3 months)
423.7.1 CLASSIFICATION OF MVR DATA

Nothing in this policy shall be interpreted as changing the underlying classification of data collected
by MVR systems. The classification of data collected by MVR systems will need to be determined
on a case-by-case basis upon application and interpretation of the MGDPA.
It is the responsibility of the individual department member to accurately classify/tag their MVR
data.
423.8 DOCUMENTING MVR USE

Officers who reasonably believe that an MVR recording is likely to contain evidence relevant
to a criminal offense, potential claim against an officer or against the Brooklyn Center Police
Department should indicate this in a report. Officers should ensure relevant recordings are
preserved.
A video statement is not a replacement for a written or audio tape-recorded statement.
If a citation is issued, the officer shall make a notation on the citation indicating that the incident
was recorded.
423.9 MEDIA STORAGE AND INTEGRITY

At the end of their shift, officers shall place the body worn MVR in the docking station. This will
allow the data to be transferred from the MVR through the docking station to the storage site.
423.9.1 COPIES OF RECORDED MEDIA

Evidentiary copies of digital recordings will be accessed and copied for official law enforcement
purposes only. Access rights may be given to the Hennepin County Attorney, the Brooklyn Center
Department
City Attorney, or other prosecutorial agencies associated with any future prosecution arising from
an incident where a MVR was utilized.
MVR data may be shared with other law enforcement agencies only for legitimate law enforcement
purposes that are documented at the time of the disclosure.
Officers shall ensure relevant recordings are preserved. Officers and MVR administrators may
prevent automatic deletion or extend retention by changing video/audio classification of the media
any time prior to the automatic deletion date.
423.9.2 ACCESS TO RECORDINGS

Except as provided by Minn. Stat. 13.825, Subd. 2 audio/video recordings are considered private
or nonpublic data.
Any person captured in a recording may have access to the recording. If the individual requests
a copy of the recording and does not have the consent of other non-law enforcement individuals
captured on the recording, the identity of those individuals must be blurred or obscured sufficiently
to render the subject unidentifiable prior to release. The identity of on-duty peace officers may
not be obscured unless their identity is protected under Minn. Stat. 13.82, Subd. 17.
All recordings should be reviewed by the Support Services Manager prior to public
release. Recordings that are clearly offensive to common sensibilities should not be publicly
released unless disclosure is required by law or court order (Minn. Stat. 13.82 Subd. 7).
423.10 SYSTEM OPERATIONAL STANDARDS

(a) MVR systems use should be based on officer safety requirements and device manufacturer
recommendations;
(b) Officers shall classify each digital MVR recording;
(c) The MVR system should be configured to minimally record video 30 seconds prior to an event;
(d) The MVR system may not be configured to record audio data prior to activation;
(e) Digital recordings shall be retained according to the Department’s retention schedule or as
required by the rules of evidence, unless a specific request is made to store them for a longer
period of time by an authorized person;
(f) With the exception of law enforcement radios or other emergency equipment, other electronic
devices should not be used within the law enforcement vehicle in order to intentionally interfere
with the capability of the MVR system to record data;
(g) Officers shall not attempt to delete, alter, reuse, modify or tamper with MVR recordings.
423.11 MVR ADMINISTRATOR RESPONSIBILITIES

The Chief of Police or an authorized designee should designate an administrator responsible for:
(Minn. Stat. 626.9473; Minn Stat. 13.825).
Department
(a) Establishing procedures for the security, storage and maintenance of data and
recordings.
1. The administrator should work with the Support Services Manager to coordinate
the use, access and release of protected information to ensure that procedures
comply with requirements of the Minnesota Government Data Practices Act
(Minn. Stat. 13.01 et seq.) and other applicable laws.
(b) Establishing procedures for logging and auditing access.
(c) Deleting media:
1. Pursuant to a court order;
2. In accordance with established records retention policies, including all other
media deemed to be of no evidentiary value;
3. In instances where privacy issues are noted.
(d) Ordering, issuing, retrieving and storing all MVR equipment.
(e) Maintaining logs reflecting the following information:
1. MVR equipment assignments;
2. Serial number of all MVR equipment;
3. The date it was issued and the officer to which it was issued;
4. The total number of MVR's owned and maintained by the department;
5. A daily record of the actual number of MVR devices deployed and used by the
officers;
6. The total amount of recorded audio and video data collected by the MVR's and
maintained by the agency.
(f) Preparing the biennial audit required by Minn. Stat. 13.825, Subd. 9.
(g) Notifying the Bureau of Criminal Apprehension (BCA) in a timely manner when
new equipment is obtained by the department that expands the type or scope of
surveillance capabilities of the department’s MVR’s as required by Minn. Stat 13.825,
Subd. 10.
423.12 TRAINING
Users of the MVR systems and supervisors shall successfully complete an approved course of
instruction prior to being deployed with MVR systems in operational settings. Documents related
to this training shall be retained by the department.
423.13 USE AND REVIEW OF MVR RECORDINGS

All recordings are the property of the agency and subject to the provisions of the MGDPA.
Dissemination outside of the agency is strictly prohibited except to the extent permitted or
required under the MGDPA, Peace Officer Discipline Procedure Act (Minn. Stat. 626.89), or other
Department
applicable law. Members of the Department shall have no expectation of privacy or ownership
interest in the content of these recordings.
To prevent damage to, or alteration of the original recorded media, it shall not be copied, viewed
or otherwise inserted into any device not approved by the department. When reasonably possible
a copy of the original media shall be used for viewing (unless otherwise directed by the courts)
to preserve the original media.
Recorded files may also be reviewed:
(a) To review for court preparation;
(b) When preparing written reports or statements;
(c) In instances of officer-involved shootings or deaths related to actions of an officer (see
the Officer Involved Shooting and Deaths Policy for guidelines in those incidents);
(d) By a supervisor investigating a specific act of officer conduct;
(e) By a supervisor to assess officer performance;
(f) By department investigators assigned to a related criminal investigation, or after
approval by a supervisor, for official investigations;
(g) By an officer who is captured on or referenced to in the audio or video data and reviews
and uses the data for any purpose relating to any legitimate law enforcement purpose;
(h) To assess proper functioning of MVR systems;
(i) By department personnel who are participating in an official investigation such as a
personnel complaint, administrative inquiry, or a criminal or civil litigation;
(j) To determine applicable City Ordinance violations for subsequent actions;
(k) By court or prosecutorial personnel through proper process or with permission of the
Chief of Police or Division Commander;
(l) By the media through the proper MGDPA request (Minn. Stat. 13.01 et seq.);
(m) To assess possible training value;
(n) The department shall restrict by password protection access to all audio and video
data and shall maintain an electronic record of the date, time and person with regard
to each access to data;
(o) Officers will be notified if their recordings may be shown for staff training purposes. If
an involved officer objects to showing a recording, his/her objection will be submitted
to the Division Commander to determine if the training value outweighs the officer’s
objection;
Department
(p) In no event shall any recording be used or shown for the purpose of ridiculing,
embarrassing or intimidating any employee; this includes submission of any portion
of a video recording to a media organization.
(q) Employees desiring to view any previously uploaded or archived MVR recording
should submit a request in writing to the Patrol Commander. Approved requests
should be forwarded to the Property Room Technician for processing.
423.14 ACCOUNTABILITY
Any member who accesses or releases recordings without authorization may be subject to
discipline (Minn. Stat. 626.8473).
423.15 SCHOOL RESOURCE OFFICERS

Philosophy:
The Brooklyn Center Police Department recognizes that the duties and working environment for
School Resource Officers (SRO) are unique within law enforcement. It is recognized that SRO’s
are required to maintain school safety while keeping the sanctity of the learning environment that
the school provides. SRO’s are expected to continuously build trusting relationships with students
and staff. They also often have impromptu interventions with students to deescalate arguments
and/or conflicts. It is with this understanding that the Brooklyn Center Police Department provides
special regulations to SRO’s and their use of Body Worn Cameras (BWC).
The recorder should be activated in any of the following situations:
(a) When summoned by any individual to respond to an incident where it is likely that law
enforcement action will occur when you arrive.
(b) Any self-initiated activity where it is previously known that you will make a custodial
arrest.
(c) Any self-initiated activity where it is previously known that your questioning/
investigation will be used later in criminal charges
(d) When feasible an SRO shall activate the BWC when the contact becomes adversarial
or the subject exhibits unusual behaviors.
(e) While transporting a student to or from school.
Nothing in this policy undermines the fact that in many instances SRO’s are suddenly forced to
take law enforcement action and have no opportunity to activate the BWC. It is also recognized
that SRO’s often have private (confidential) conversations with juveniles. It is not appropriate to
record these conversations as it diminishes the trust between the individual and the SRO.
Department
Mobile Digital Computer Use

The Mobile Computer Display (MCD) accesses confidential records from the State of Minnesota,
Bureau of Criminal Apprehension (BCA) databases. Employees using the MCD shall comply with
all appropriate federal and state rules and regulations.
424.2 MDC USE

The MCD shall be used for official police communications only. Messages that are of a sexual,
racist, offensive nature, or are otherwise critical of any member of the Department are strictly
forbidden. MCD use is also subject to the Department Technology Use Policy.
Messages may be reviewed by supervisors at any time without prior notification. Employees
generating or transmitting messages not in compliance with this policy are subject to discipline.
424.2.1 USE WHILE DRIVING

Use of the MCD by the vehicle operator should generally be limited to times when the vehicle
is stopped. When the vehicle is in motion, the operator should only attempt to read messages
that are likely to contain information that is required for immediate enforcement, investigative, or
safety needs.
Short transmissions, such as a license plate check, are permitted if it reasonably appears that
it can be done safely. In no case shall an operator attempt to send or review lengthy messages
while the vehicle is in motion.
424.2.2 DOCUMENTATION OF ACTIVITY

MCDs and voice transmissions are used to record the officer's daily activity. To ensure the most
accurate recording of these activities, the following are required:
(a) All contacts or activity shall be documented at the time of the contact.
(b) Whenever the activity or contact is not initiated by voice, the officer shall record it on
the MCD.
424.2.3 STATUS CHANGES

All changes in status (e.g., arrival at scene, meal periods, in service) will be transmitted verbally
over the police radio or through the MCD system.
Officers responding to in-progress calls shall advise changes in status verbally over the radio to
assist other officers responding to the same incident.
Other changes in status may be entered by depressing the appropriate keys on the MCD.
424.3 MDC CONSIDERATIONS
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Mobile Digital Computer Use
424.3.1 BOMB CALLS

When investigating reports of possible bombs, officers will turn off their MCDs. Operating
the MCD may cause some devices to detonate.
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Department
Foot Pursuits
Foot pursuits are inherently dangerous and require common sense, sound tactics and heightened
officer safety awareness. This policy sets forth guidelines to assist officers in making the decision
to initiate or continue the pursuit of suspects on foot by balancing the objective of apprehending
the suspect with the risk of potential injury to the officer, the public or the suspect.
425.1.1 POLICY
It is the policy of this department when deciding to initiate or continue a foot pursuit that officers
must continuously balance the objective of apprehending the suspect with the risk and potential
for injury to Department personnel, the public or the suspect.
Officers are expected to act reasonably, based on the totality of the circumstances. Absent
exigent circumstances, the safety of Department personnel and the public should be the primary
consideration when determining whether a foot pursuit should be initiated or continued. Officers
must be mindful that immediate apprehension of a suspect is rarely more important than the safety
of the public and Department personnel.
425.2 DECISION TO PURSUE

Officers may be justified in initiating a foot pursuit of any individual the officer reasonably believes
is about to engage in, is engaging in or has engaged in criminal activity. However, this decision
must be continuously reevaluated in light of the circumstances presented at the time.
Mere flight by a person who is not suspected of criminal activity shall not serve as the sole
justification for engaging in an extended foot pursuit without the development of reasonable
suspicion regarding the individual’s involvement in criminal activity.
Deciding to initiate or continue a foot pursuit is a decision that an officer must make quickly and
under unpredictable and dynamic circumstances. It is recognized that foot pursuits potentially
place Department personnel and the public at significant risk. Therefore, no officer or supervisor
shall be criticized or disciplined for deciding not to engage in a foot pursuit because of the
perceived risk involved.
If circumstances reasonably permit, surveillance and containment are generally the safest tactics
for apprehending fleeing persons. In deciding whether to initiate or continue a foot pursuit,
an officer should continuously consider reasonable alternatives to pursuit based upon the
circumstances and resources available, such as the following:
(a) Containment of the area
(b) Canine search
(c) Saturation of the area with patrol personnel
(d) Aerial support
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Department
Foot Pursuits
(e) Apprehension at another time, when the identity of the suspect is known or there is
information available that would likely allow for later apprehension and the need to
immediately apprehend the suspect does not reasonably appear to outweigh the risk
of continuing the pursuit.
425.3 GUIDELINES FOR FOOT PURSUIT

Unless the officer reasonably believes that exigent circumstances exist (e.g. a serious threat to the
safety of personnel or members of the public), officers should consider alternatives to engaging
in or continuing a foot pursuit under the following conditions:
(a) When directed by a supervisor to terminate the foot pursuit. Such an order shall be
considered mandatory.
(b) When the officer is acting alone.
(c) When two or more officers become separated, lose visual contact with one another or
obstacles separate them to the degree that they cannot immediately assist each other
should a confrontation take place. In such circumstances, it is generally recommended
that a single officer keep the suspect in sight from a safe distance and coordinate the
containment effort.
(d) The officer is unsure of his/her location and direction of travel.
(e) When pursuing multiple suspects and the pursuing officers do not reasonably believe
that they would be able to control the suspect should a confrontation occur.
(f) When the physical condition of the officers renders them incapable of controlling the
suspect if apprehended.
(g) When the officer loses radio contact with Dispatch or with backup officers.
(h) When the suspect enters a building, structure, confined space or a wooded or
otherwise isolated area and there are insufficient officers to provide backup and
containment. The primary officer should consider discontinuing the pursuit and
coordinating containment pending the arrival of sufficient officers.
(i) The officer becomes aware of unanticipated or unforeseen circumstances that
unreasonably increase the risk to officers or the public.
(j) The officer reasonably believes that the danger to the pursuing officers or public
outweighs the objective of immediate apprehension.
(k) The officer loses possession of his/her firearm or other essential equipment.
(l) The officer or a third party is injured during the pursuit, requiring immediate assistance
and there are no other emergency personnel available to render assistance.
(m) The suspect’s location is no longer definitely known.
Department
Foot Pursuits
(n) The identity of the suspect is established or other information exists that will allow
for the suspect’s apprehension at a later time, and it reasonably appears that there
is no immediate threat to Department personnel or the public if the suspect is not
immediately apprehended.
(o) The officer’s ability to safely continue the pursuit is impaired by inclement weather,
darkness or other conditions.
425.4 RESPONSIBILITIES IN FOOT PURSUITS
425.4.1 INITIATING OFFICER RESPONSIBILITIES

Unless relieved by another officer or a supervisor, the initiating officer shall be responsible for
coordinating the progress of the pursuit. When acting alone and when practicable, the initiating
officer should attempt to keep the suspect in sight until sufficient officers are present to safely
apprehend the suspect.
Early communication of available information from the involved officers is essential so that
adequate resources can be coordinated and deployed to bring a foot pursuit to a safe conclusion.
Officers initiating a foot pursuit should broadcast the following information as soon as it becomes
practicable and available:
(a) Unit identifier
(b) Location and direction of travel
(c) Reason for the foot pursuit
(d) Number of suspects and description
(e) Whether the suspect is known or believed to be armed
Officers should be mindful that radio transmissions made while running may be difficult to
understand and may need to be repeated.
Absent extenuating circumstances, any officer unable to promptly and effectively broadcast
this information should terminate the pursuit. If the foot pursuit is discontinued for any reason,
immediate efforts for containment should be established and alternatives considered based upon
the circumstances and available resources.
When a foot pursuit terminates, the officer will notify Dispatch of his/her location and the status
of the pursuit termination (e.g., suspect in custody, lost sight of suspect), and will direct further
actions as reasonably appear necessary.
425.4.2 ASSISTING OFFICER_DEPUTY RESPONSIBILITIES

Whenever any officer announces that he/she is engaged in a foot pursuit, all other officers should
minimize nonessential radio traffic to permit the involved officers maximum access to the radio
frequency.
Department
Foot Pursuits
Any officer who is in a position to intercept a fleeing suspect or who can assist the primary officer
with the apprehension of the suspect, shall act reasonably and in accordance with Department
policy, based upon available information and his/her own observations.

Upon becoming aware of a foot pursuit, the supervisor shall make every reasonable effort
to ascertain sufficient information to direct responding resources and to take command and
coordination of the foot pursuit. The supervisor should respond to the area whenever reasonably
possible. The supervisor does not, however, need to be physically present to exercise control over
the pursuit. The supervisor should continuously assess the situation in order to ensure the foot
pursuit is conducted within established Department guidelines.
The supervisor should terminate the foot pursuit when the danger to pursuing officers or the public
appears to unreasonably outweigh the objective of immediate apprehension of the suspect.
Upon apprehension of the suspect, the supervisor should promptly proceed to the termination
point to direct the post-pursuit activity.
425.5 REPORTING
The initiating officer shall complete the appropriate crime/arrest reports documenting, at minimum,
the following:
(a) The reason for initiating the foot pursuit.
(b) The identity of involved personnel.
(c) The course and approximate distance of the pursuit.
(d) Whether a suspect was apprehended, as well as the means and methods used.
1. Any use of force shall be reported and documented in compliance with the Use
of Force Policy.
(e) Any injuries or property damage.
Assisting officers taking an active role in the apprehension of the suspect shall complete
supplemental reports as necessary, or as directed.
In any case in which a suspect is not apprehended and there is insufficient information to warrant
further investigation, a supervisor may authorize that the initiating officer need not complete a
report in addition to the data normally created during the event.
Department
Automated License Plate Readers (ALPR)

The purpose of this policy is to provide guidance for the capture, storage and use of digital data
obtained through the use of Automated License Plate Reader (ALPR) technology (Minn. Stat. §
626.8472).
426.2 ADMINISTRATION
The ALPR technology, also known as License Plate Recognition (LPR), allows for the automated
detection of license plates. It is used by the Brooklyn Center Police Department to convert data
associated with vehicle license plates for official law enforcement purposes, including identifying
stolen or wanted vehicles, stolen license plates and missing persons. It may also be used to
gather information related to active warrants, homeland security, electronic surveillance, suspect
interdiction and stolen property recovery.
All installation and maintenance of ALPR equipment, as well as ALPR data retention and
access, shall be managed by the Investigation Division Commander. The Investigation Division
Commander will assign members under his/her command to administer the day-to-day operation
of the ALPR equipment and data.
426.3 ALPR OPERATION

Use of an ALPR is restricted to the purposes outlined below. Department personnel shall not use,
or allow others to use, the equipment or database records for any unauthorized purpose.
(a) No member of this department shall operate ALPR equipment, or access ALPR data
without first completing Department-approved training.
(b) An ALPR shall only be used for official and legitimate law enforcement business.
(c) An ALPR may be used in conjunction with any patrol operation or official Department
investigation. Reasonable suspicion or probable cause is not necessary before using
an ALPR.
(d) While an ALPR may be used to canvass license plates around any crime scene,
particular consideration should be given to using ALPR-equipped cars to canvass
areas around homicides, shootings, and other major incidents. Partial license plates
reported during major crimes should be entered into the ALPR system in an attempt
to identify suspect vehicles.
(e) If practicable, the officer should verify an ALPR response through the
Minnesota Justice Information Services (MNJIS) and National Law Enforcement
Telecommunications System (NLETS) databases before taking enforcement action
that is based solely upon an ALPR alert.
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(f) No ALPR operator may access MNJIS or NLETS data unless otherwise authorized
to do so. ALPR operators must obtain clearance through the Bureau of Criminal
Apprehension (BCA) prior to operating ALPR equipment or accessing ALPR data.
426.3.1 RESTRICTIONS, NOTIFICATIONS AND AUDITS

The Brooklyn Center Police Department will observe the following guidelines regarding ALPR use
(Minn. Stat. § 13.824):
(a) Data collected by an ALPR will be limited to:
1. License plate numbers.
2. Date, time and location of data captured.
3. Pictures of license plates, vehicles and areas surrounding the vehicle captured.
(b) ALPR data may only be matched with the Minnesota license plate data file, unless
additional sources are needed for an active criminal investigation.
(c) ALPRs shall not be used to monitor or track an individual unless done so under a
search warrant or because of exigent circumstances.
(d) The Bureau of Criminal Apprehension shall be notified within 10 days of any installation
or use and of any fixed location of an ALPR.
426.4 DATA COLLECTION AND RETENTION

The Support Services Supervisor is responsible for ensuring systems and processes are in place
for the proper collection and retention of ALPR data. Data will be transferred from vehicles to the
designated storage in accordance with department procedures.
ALPR data received from another agency shall be maintained securely and released in the same
manner as ALPR data collected by this department (Minn. Stat. § 13.824).
ALPR data not related to an active criminal investigation must be destroyed no later than 30 days
from the date of collection with the following exceptions (Minn. Stat. § 13.824):
(a) Exculpatory evidence - Data must be retained until a criminal matter is resolved if a
written request is made from a person who is the subject of a criminal investigation
asserting that ALPR data may be used as exculpatory evidence.
(b) Address Confidentiality Program - Data related to a participant of the Address
Confidentiality Program must be destroyed upon the written request of the participant.
ALPR data already collected at the time of the request shall be destroyed and future
related ALPR data must be destroyed at the time of collection. Destruction can be
deferred if it relates to an active criminal investigation.
All other ALPR data should be retained in accordance with the established records retention
schedule.
426.4.1 LOG OF USE

A public log of ALPR use will be maintained that includes (Minn. Stat. § 13.824):
(a) Specific times of day that the ALPR collected data.
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327
(b) The aggregate number of vehicles or license plates on which data are collected for
each period of active use and a list of all state and federal public databases with which
the data were compared.
(c) For each period of active use, the number of vehicles or license plates related to:
1. A vehicle or license plate that has been stolen.
2. A warrant for the arrest of the owner of the vehicle.
3. An owner with a suspended or revoked driver’s license or similar category.
4. Active investigative data.
(d) For an ALPR at a stationary or fixed location, the location at which the ALPR actively
collected data and is installed and used.
A publicly accessible list of the current and previous locations, including dates at those locations,
of any fixed ALPR or other surveillance devices with ALPR capability shall be maintained. The
list may be kept from the public if the data is security information as provided in Minn. Stat. §
13.37, Subd. 2.
All saved data will be closely safeguarded and protected by both procedural and technological
means. The Brooklyn Center Police Department will observe the following safeguards regarding
access to and use of stored data (Minn. Stat. § 13.824; Minn. Stat. § 13.05):
(a) All ALPR data downloaded to the mobile workstation and in storage shall be accessible
only through a login/password-protected system capable of documenting all access
of information by name, date and time.
(b) Members approved to access ALPR data under these guidelines are permitted to
access the data for legitimate law enforcement purposes only, such as when the data
relate to a specific criminal investigation or department-related civil or administrative
action.
(c) Biennial audits and reports shall be completed pursuant to Minn. Stat. § 13.824, Subd.
6.
(d) Breaches of personal data are addressed as set forth in the Protected Information
Policy (Minn. Stat. § 13.055).
(e) All queries and responses, and all actions, in which data are entered, updated,
accessed, shared or disseminated, must be recorded in a data audit trail.
(f) Any member who violates Minn. Stat. § 13.09 through the unauthorized acquisition or
use of ALPR data will face discipline and possible criminal prosecution (Minn. Stat.
§ 626.8472).
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426.6 POLICY
The policy of the Brooklyn Center Police Department is to utilize ALPR technology to capture and
store digital license plate data and images while recognizing the established privacy rights of the
public.
All data and images gathered by the ALPR are for the official use of this department. Because
such data may contain confidential information, it is not open to public review.
426.7 RELEASING ALPR DATA

The ALPR data shall be classified as private data, with specified exceptions per Minn. Stat. 13.824
The ALPR data may be shared only with other law enforcement or prosecutorial agencies for
official law enforcement purposes or as otherwise permitted by law, using the following procedures
(Minn. Stat. § 13.824):
(a) The agency makes a written request for the ALPR data that includes:
1. The name of the agency.
2. The name of the person requesting.
3. The intended purpose of obtaining the information.
4. A record of the factual basis for the access and any associated case number,
complaint or incident that is the basis for the access.
5. A statement that the request is authorized by the head of the requesting law
enforcement agency or his/her designee.
(b) The request is reviewed by the Support Services Supervisor or the authorized
designee and approved before the request is fulfilled.
1. A release must be based on a reasonable suspicion that the data is pertinent
to an active criminal investigation.
(c) The approved request is retained on file.
Requests for ALPR data by non-law enforcement or non-prosecutorial agencies will be processed
as provided in the Records Maintenance and Release Policy.
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Homeless Persons
The purpose of this policy is to ensure that personnel understand the needs and rights of the
homeless and to establish procedures to guide officers during all contacts with the homeless,
whether consensual or for enforcement purposes. The Brooklyn Center Police Department
recognizes that members of the homeless community are often in need of special protection and
services. The Brooklyn Center Police Department will address these needs in balance with the
overall missions of this department. Therefore, officers will consider the following policy when
serving the homeless community.
427.1.1 POLICY
It is the policy of the Brooklyn Center Police Department to provide law enforcement services
to all members of the community while protecting the rights, dignity, and private property of
the homeless. Homelessness is not a crime, and members of this department will not use
homelessness solely as a basis for detention or law enforcement action.
427.2 FIELD CONTACTS

Officers are encouraged to contact the homeless for purposes of rendering aid, support and
for community-oriented policing purposes. Nothing in this policy is meant to dissuade an officer
from taking reasonable enforcement action when facts support a reasonable suspicion of criminal
activity. However, when encountering a homeless person who has committed a non-violent
misdemeanor and continued freedom is not likely to result in a continuation of the offense or a
breach of the peace, officers are encouraged to consider long-term solutions to problems that
may relate to the homeless, such as shelter referrals and counseling in lieu of physical arrest.
Officers should provide homeless persons with resource and assistance information whenever it
is reasonably apparent such services may be appropriate.
427.2.1 OTHER CONSIDERATIONS

Homeless members of the community will receive the same level and quality of service provided
to other members of our community. The fact that a victim or witness is homeless can, however,
require special considerations for a successful investigation and prosecution. Officers should
consider the following when handling investigations involving homeless victims, witnesses, or
suspects:
(a) Documenting alternate contact information. This may include obtaining addresses and
telephone numbers of relatives and friends.
(b) Document places the homeless person may frequent.
(c) Provide homeless victims with victim/witness resources when appropriate.
(d) Obtain statements from all available witnesses in the event a homeless victim is
unavailable for a court appearance.
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Homeless Persons
(e) Consider whether the person may be a dependent adult or elder, and if so proceed in
accordance with the Abuse of Vulnerable Persons Policy.
(f) Arrange for transportation for investigation-related matters.
(g) Consider whether a crime should be reported and submitted for prosecution, even
when a homeless victim indicates he/she does not desire prosecution.

The personal property of homeless persons must not be treated differently than the property
of other members of the public. Officers should use reasonable care when handling, collecting,
and retaining the personal property of homeless persons, and should not destroy or discard the
personal property of a homeless person.
When a homeless person is arrested or otherwise removed from a public place, officers should
make reasonable accommodations to permit the person to lawfully secure his/her personal
property. Otherwise, the arrestee's personal property should be collected for safekeeping. If the
arrestee has more personal property than can reasonably be collected and transported by the
officer, a supervisor should be consulted. The property should be photographed and measures
should be taken to remove or secure the property. It will be the supervisor's responsibility to
coordinate the removal and safekeeping of the property.
Officers should not conduct or assist in clean-up operations of belongings that reasonably appear
to be the property of homeless persons without the prior authorization of a supervisor.
Officers who encounter unattended encampments, bedding, or other personal property in public
areas that reasonably appears to belong to a homeless person should not remove or destroy such
property unless such property appears to involve a trespass, blight to the community, or is the
subject of a complaint.
427.4 MENTAL ILLNESSES AND MENTAL IMPAIRMENTS

Some homeless persons may suffer from a mental illness or a mental impairment. Officers
shall not detain a homeless person under a 72-hour emergency medical hold unless facts and
circumstances warrant such a detention.
427.5 ECOLOGICAL ISSUES

Sometimes homeless encampments can affect the ecology and natural resources of the
community and may involve criminal offenses beyond mere littering. Officers are encouraged to
notify other appropriate agencies or departments when a significant impact to the environment
has or is likely to occur. Significant impacts to the environment may warrant a crime report,
investigation, supporting photographs and supervisor notification.
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Department
Criminal Conduct on School Buses

Criminal conduct on school buses has been identified by the legislature as a critical component for
the safety and security of the community. The primary purpose of this policy is to provide officers
guidance in responding to reports of alleged criminal conduct on school buses. This department,
in cooperation with any other law enforcement agency that may have concurrent jurisdiction over
the alleged offense, is responsible for responding to all reports of criminal misconduct on school
buses in this jurisdiction.
This policy is not intended to interfere with or replace school disciplinary policies that relate to
student misconduct on school buses (Minn. Stat. § 169.4581).
428.2 COMMUNITY COOPERATION

The Brooklyn Center Police Department shall work with and consult with school officials,
transportation personnel, parents, and students to respond to these incidents to protect student
safety and deal appropriately with those who violate the law.
428.3 PROCEDURE
This department shall respond to all criminal misconduct on school buses within the jurisdiction
of this department regardless of the source of the report. Officers should take reasonable actions
to complete the following:
(a) Provide for the safety of any person involved in the incident or present at the incident.
(b) Coordinate any appropriate care.
(c) Investigate reports of crimes committed on school buses using the same procedures
as followed in other criminal investigations as appropriate for juveniles and/or adults.
(d) Issue citations, release pending further investigation, or apprehend and transport
individuals committing crimes on school buses to the extent authorized by law.
(e) Submit reports regarding the incident for review, approval and consideration for
prosecution.
(f) Complete follow-up and additional investigation as reasonably necessary to prepare
a case pertaining to criminal conduct on school buses as required for prosecution.
(g) Provide information to the relevant school regarding the incident as required or
authorized by law.
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Department
Public Recording of Law Enforcement Activity

This policy provides guidelines for handling situations in which members of the public photograph
or audio/video record law enforcement actions and other public activities that involve members
of this department. In addition, this policy provides guidelines for situations where the recordings
may be evidence.
430.2 POLICY
The Brooklyn Center Police Department recognizes the right of persons to lawfully record
members of this department who are performing their official duties. Members of this department
will not prohibit or intentionally interfere with such lawful recordings. Any recordings that are
deemed to be evidence of a crime or relevant to an investigation will only be collected or seized
lawfully.
Officers should exercise restraint and should not resort to highly discretionary arrests for offenses
such as interference, failure to comply or disorderly conduct as a means of preventing someone
from exercising the right to record members performing their official duties.
430.3 RECORDING LAW ENFORCEMENT ACTIVITY

Members of the public who wish to record law enforcement activities are limited only in certain
aspects.
(a) Recordings may be made from any public place or any private property where the
individual has the legal right to be present.
(b) Beyond the act of photographing or recording, individuals may not interfere with the
law enforcement activity. Examples of interference include, but are not limited to:
1. Tampering with a witness or suspect.
2. Inciting others to violate the law.
3. Being so close to the activity as to present a clear safety hazard to the officers.
4. Being so close to the activity as to interfere with an officer’s effective
communication with a suspect or witness.
(c) The individual may not present an undue safety risk to the officers, him/herself or
others.
430.4 OFFICER RESPONSE

Officers should promptly request a supervisor respond to the scene whenever it appears that
anyone recording activities may be interfering with an investigation or it is believed that the
recording may be evidence. If practicable, officers should wait for the supervisor to arrive before
taking enforcement action or seizing any cameras or recording media.
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Whenever practicable, officers or supervisors should give clear and concise warnings to
individuals who are conducting themselves in a manner that would cause their recording or
behavior to be unlawful. Accompanying the warnings should be clear directions on what an
individual can do to be compliant; directions should be specific enough to allow compliance. For
example, rather than directing an individual to clear the area, an officer could advise the person
that he/she may continue observing and recording from the sidewalk across the street.
If an arrest or other significant enforcement activity is taken as the result of a recording that
interferes with law enforcement activity, officers shall document in a report the nature and extent
of the interference or other unlawful behavior and the warnings that were issued.

A supervisor should respond to the scene when requested or any time the circumstances indicate
a likelihood of interference or other unlawful behavior.
The supervisor should review the situation with the officer and:
(a) Request any additional assistance as needed to ensure a safe environment.
(b) Take a lead role in communicating with individuals who are observing or recording
regarding any appropriate limitations on their location or behavior. When practical, the
encounter should be recorded.
(c) When practicable, allow adequate time for individuals to respond to requests for a
change of location or behavior.
(d) Ensure that any enforcement, seizure or other actions are consistent with this policy
and constitutional and state law.
(e) Explain alternatives for individuals who wish to express concern about the conduct
of department members, such as how and where to file a complaint.
430.6 SEIZING RECORDINGS AS EVIDENCE

Officers should not seize recording devices or media unless (42 USC § 2000aa):
(a) There is probable cause to believe the person recording has committed or is
committing a crime to which the recording relates, and the recording is reasonably
necessary for prosecution of the person.
1. Absent exigency or consent, a warrant should be sought before seizing or
viewing such recordings. Reasonable steps may be taken to prevent erasure of
the recording.
(b) There is reason to believe that the immediate seizure of such recordings is necessary
to prevent serious bodily injury or death of any person.
(c) The person consents.
1. To ensure that the consent is voluntary, the request should not be made in a
threatening or coercive manner.
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2. If the original recording is provided, a copy of the recording should be provided

to the recording party, if practicable. The recording party should be permitted to
be present while the copy is being made, if feasible. Another way to obtain the
evidence is to transmit a copy of the recording from a device to a department-
owned device.
Recording devices and media that are seized will be submitted within the guidelines of the Property
and Evidence Policy.
Department
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Bicycle Patrol Unit

The Brooklyn Center Police Department has established the Bicycle Patrol Unit (BPU) for the
purpose of enhancing patrol efforts in the community. Bicycle patrol has been shown to be an
effective way to increase officer visibility in congested areas. A bicycle's quiet operation can
provide a tactical approach to crimes in progress. The purpose of this policy is to provide guidelines
for the safe and effective operation of the patrol bicycle.
431.2 POLICY
Patrol bicycles may be used for regular patrol duty, traffic enforcement, parking control or special
events. The use of the patrol bicycle will emphasize its mobility and visibility to the community.
Bicycles may be deployed to any area at all hours of the day or night, according to Department
needs and as staffing levels allow.
Requests for specific deployment of bicycle patrol officers shall be coordinated through the BPU
supervisor or the Shift Sergeant.
431.3 SELECTION OF PERSONNEL
A copy will be forwarded to the BPU supervisor. Qualified applicants will then be invited to
an oral interview. The oral board will consist of the BPU supervisor and a second person to
be selected by the BPU supervisor. Interested personnel shall be evaluated by the following
criteria:
(a) Recognized competence and ability as evidenced by performance.
(b) Special skills or training as it pertains to the assignment.
(c) Good physical condition.
(d) Willingness to perform duties using the bicycle as a mode of transportation.
431.3.1 BICYCLE PATROL UNIT SUPERVISOR

The BPU supervisor will be selected by the Patrol Division Commander or designee.
The BPU supervisor shall have responsibility for the following:
(a) Organizing bicycle patrol training.
(b) Inspecting and maintaining inventory of patrol bicycles and program equipment.
(c) Scheduling maintenance and repairs.
(d) Evaluating the performance of bicycle officers.
(e) Coordinating activities with the Patrol Division.
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Department
Bicycle Patrol Unit
(f) Inspection and documentation no less than every three months that bicycles not in
active service are in a serviceable condition.
(g) Other activities as required to maintain the efficient operation of the unit.
431.4 TRAINING
Participants in the program must complete an initial Department-approved bicycle-training course
after acceptance into the program. Thereafter, bicycle patrol officers should receive yearly in-
service training to improve skills and refresh safety, health and operational procedures. The initial
training shall minimally include the following:
• Bicycle patrol strategies
• Bicycle safety and accident prevention
• Operational tactics using bicycles
431.5 UNIFORMS AND EQUIPMENT

Officers shall wear the department-approved uniform and safety equipment while operating
the department bicycle. Safety equipment includes department-approved helmet, riding gloves,
protective eyewear and approved footwear.
The bicycle patrol uniform consists of the standard short-sleeve uniform shirt or other department-
approved shirt with department badge and patches, and department-approved bicycle patrol pants
or shorts.
Optional equipment includes a radio head set and microphone and jackets in colder weather.
Turtleneck shirts or sweaters are permitted when worn under the uniform shirt.
Bicycle patrol officers shall carry the same equipment on the bicycle patrol duty belt as they would
on a regular patrol assignment.
Officers will be responsible for obtaining the necessary forms, citation books and other department
equipment needed while on bicycle patrol.
431.6 CARE AND USE OF PATROL BICYCLES

Specially marked and equipped patrol bicycles, attached gear
bag, a headlight and a flashing rear light will be provided for use by [Officers_Deputies].
Bicycles utilized for uniformed bicycle patrol shall be primarily black or white with a “Police” decal
affixed to each side of the crossbar or the bike’s saddlebag.
Bicycles utilized for uniformed bicycle patrol shall be equipped with a rear rack and/or saddle
bag(s) sufficient to carry the necessary equipment for handling routine patrol calls, including report
writing, vehicle storage and citations.
Department
Bicycle Patrol Unit
Bicycle officers shall conduct an inspection of the bicycle and equipment prior to use to ensure
proper working order of the equipment. Officers are responsible for the routine care and
maintenance of Department bicycles (e.g., tire pressure, chain lubrication, overall cleaning).
If a needed repair is beyond the ability of the bicycle officer,
an email should be sent to the BPU supervisor.
Officers shall not modify the patrol bicycle, remove, modify or add components except with the
express approval of the bicycle supervisor.
Vehicle bicycle racks are available should the officer need to transport the patrol bicycle. Due to
possible component damage, transportation of the patrol bicycle in a trunk or on a patrol car push-
bumper is discouraged.
Bicycles shall be properly secured when not in the officer’s immediate presence.

Officers are exempt from operating the bicycle in compliance with Minnesota law while performing
their duties (Minn. Stat. § 169.222 Subd. 11). Officers may operate the bicycle without lighting
equipment during hours of darkness, when such operation reasonably appears necessary for
officer safety and tactical considerations. Officers must use caution and care when operating the
bicycle without lighting equipment.
Department
Medical Cannabis
The purpose of this policy is to provide members of this department with guidelines for investigating
the possession or use of medical cannabis under Minnesota’s medical cannabis laws.
433.1.1 DEFINITIONS
Medical cannabis - Any species of the genus cannabis plant, or any mixture or preparation of
them, including whole plant extracts and resins in the form of a liquid, oil or pill, that is properly
packaged and labeled with:
(a) The name and address of the authorized manufacturer.
(b) The patient’s registry identification number, name, date of birth and address.
(c) The chemical composition of medical cannabis.
(d) Recommended dosage.
(e) Directions for use.
(f) Batch number.
(g) Date of manufacture.
Raw leaves, flowers and edibles are not included.
Patient - A Minnesota resident who has been diagnosed with a qualifying medical condition by a
health care practitioner and who has met any other requirements for patients under Minn. Stat.
§ 152.22 et seq.
Caregiver - A person who has been approved by the Minnesota Commissioner of Health to
assist a patient who is unable to self-administer medication or acquire medical cannabis from a
distribution facility due to a disability, and who is authorized to assist the patient with the use of
medical cannabis.
433.2 POLICY
It is the policy of the Brooklyn Center Police Department to prioritize resources to avoid making
arrests related to medical cannabis that the arresting officer reasonably believes would not be
prosecuted by state or federal authorities.
Minnesota medical cannabis laws are intended to provide protection from prosecution to those who
use or possess medical cannabis for medical purposes. The Brooklyn Center Police Department
will exercise discretion to ensure laws are appropriately enforced without unreasonably burdening
both those individuals protected under Minnesota law and the resources of the Department.
433.3 INVESTIGATION
Investigations involving the possession or use of cannabis generally fall into one of two categories:
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Department
Medical Cannabis
(a) Investigations when no person makes a medicinal claim.

(b) Investigations when a person claims to be a patient or caregiver.
433.3.1 INVESTIGATIONS WITH NO MEDICAL CLAIM

In any investigation involving the possession, delivery, production or use of a cannabis product
or drug paraphernalia where no person claims that the cannabis is used for medicinal purposes,
the officer should proceed with a criminal investigation. A medicinal claim may be raised at any
time, so officers should document any statements and observations that may be relevant to
whether the cannabis was possessed or produced for medicinal purposes.
433.3.2 INVESTIGATIONS INVOLVING A PATIENT OR CAREGIVER

Arrest shall not be made for the possession of medical cannabis by a patient, a caregiver or the
parent or legal guardian of a patient (Minn. Stat. § 152.32).
Possession of medical cannabis properly packaged and labeled by an authorized manufacturer
should suffice for verification of a person’s status as a patient. The possession of medical cannabis
registry verification from the Minnesota Department of Health should also suffice for verification a
person’s status as a patient or caregiver (Minn. Stat. § 152.22; Minn. Stat. § 152.27).
433.3.3 EXCEPTIONS
This policy does not apply to the following offenses. Officers may take enforcement action if the
person (Minn. Stat. § 152.23):
(a) Possesses or engages in the use of medical cannabis on a school bus or van, on the
grounds of any preschool or primary or secondary school, in any correctional facility,
or on the grounds of any child care facility or home daycare.
(b) Vaporizes medical cannabis on any form of public transportation, where the vapor
would be inhaled by a non-patient minor child, or in any public place or a place of
employment.
(c) Operates any motor vehicle, aircraft, train or motorboat, or works on transportation
property, equipment or facilities while under the influence of medical cannabis.
433.4 FEDERAL LAW ENFORCEMENT

Officers should provide information regarding a medical cannabis investigation to federal law
enforcement authorities when it is requested by federal law enforcement authorities or whenever
the officer believes those authorities would have a particular interest in the information.
433.5 PROPERTY ROOM SUPERVISOR RESPONSIBILITIES

The Property Room supervisor shall ensure that medical cannabis, drug paraphernalia or other
related property seized from a person engaged or assisting in the use of medical cannabis is not
destroyed. Upon the prosecutor’s decision to forgo prosecution, or the dismissal of charges or an
acquittal, the Property Room supervisor shall as soon as practicable return to the person from
whom it was seized any medical cannabis, drug paraphernalia or other related property.
Department
Medical Cannabis
The Property Room supervisor may not destroy medical cannabis except upon receipt of a court
order.
The Property Room supervisor may release medical cannabis to federal law enforcement
authorities upon presentation of a valid court order or by a written order of the Investigations
Division supervisor.
433.6 REPORTING
Officers aware of a person experiencing a negative medical condition or a death related to a
cannabis overdose, including as a result of an unauthorized access to medical cannabis, must
contact the Minnesota Department of Health’s Office of Medical Cannabis within five business
days. If discovered as part of an ongoing investigation, the report must be made within 72 hours
of the conclusion of the investigation (Minn. R. 4770.4002; Minn. R. 4770.4004).
Officers having reasonable suspicion of unauthorized possession of medical cannabis or of
violations of cannabis laws by individuals authorized to possess medical cannabis, must report to
the Office of Medical Cannabis using the designated online form. Reports related to unauthorized
possession must be submitted within 72 hours, unless discovered as part of an ongoing
investigation, in which case reporting must be made within 72 hours of the conclusion of the
investigation. Reports of violations by persons authorized to possess medical cannabis must be
submitted within 15 days (Minn. R. 4770.4010).
Department
Civil Disputes
This policy provides members of the Brooklyn Center Police Department with guidance for
addressing conflicts between persons when no criminal investigation or enforcement action is
warranted (e.g., civil matters), with the goal of minimizing any potential for violence or criminal
acts.
The Domestic Abuse Policy will address specific legal mandates related to domestic violence
court orders. References in this policy to “court orders” apply to any order of a court that does not
require arrest or enforcement by the terms of the order or by Minnesota law.
435.2 POLICY
The Brooklyn Center Police Department recognizes that a law enforcement presence at a civil
dispute can play an important role in the peace and safety of the community. Subject to available
resources, members of this department will assist at the scene of civil disputes with the primary
goal of safeguarding persons and property, preventing criminal activity and maintaining the peace.
When handling civil disputes, members will remain impartial, maintain a calm presence, give
consideration to all sides and refrain from giving legal or inappropriate advice.
435.3 GENERAL CONSIDERATIONS

When appropriate, members handling a civil dispute should encourage the involved parties to
seek the assistance of resolution services or take the matter to the civil courts. Members must not
become personally involved in disputes and shall at all times remain impartial.
While not intended to be an exhaustive list, members should give considerations to the following
when handling civil disputes:
(a) Civil disputes tend to be confrontational and members should be alert that they can
escalate to violence very quickly. De-escalation techniques should be used when
appropriate.
(b) Members should not dismiss alleged or observed criminal violations as a civil matter
and should initiate the appropriate investigation and report when criminal activity is
apparent.
(c) Members shall not provide legal advice, however, when appropriate, members should
inform the parties when they are at risk of violating criminal laws.
(d) Members are reminded that they shall not enter a residence or other non-public
location without legal authority including valid consent.
(e) Members should not take an unreasonable amount of time assisting in these matters.
435.4 COURT ORDERS

Disputes involving court orders can be complex. Where no mandate exists for an
officer to make an arrest for a violation of a court order, the matter should be
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Department
Civil Disputes
addressed by documenting any apparent court order violation in a report. If there

appears to be a more immediate need for enforcement action, the investigating officer
should act in accordance with any applicable law,statute and/or ordinance.
If a person appears to be violating the terms of a court order but is disputing the validity of the
order or its applicability, the investigating officer should document the following:
(a) The person’s knowledge of the court order or whether proof of service exists.
(b) Any specific reason or rationale the involved person offers for not complying with the
terms of the order.
A copy of the court order should be attached to the report when available. The report should be
forwarded to the appropriate prosecutor. The report should also be forwarded to the court issuing
the order with a notice that the report was also forwarded to the prosecutor for review.
435.4.1 STANDBY REQUESTS

Officers responding to a call for standby assistance to retrieve property should meet the person
requesting assistance at a neutral location to discuss the process. The person should be advised
that items that are disputed will not be allowed to be removed. The member may advise the person
to seek private legal advice as to the distribution of disputed property.
Members should accompany the person to the location of the property. Members should ask if the
other party will allow removal of the property or whether the other party would remove the property.
If the other party is uncooperative, the person requesting standby assistance should be instructed
to seek private legal advice and obtain a court order to obtain the items. Officers should not order
the other party to allow entry or the removal of any items. If there is a restraining or similar order
against the person requesting standby assistance, that person should be asked to leave the scene
or they may be subject to arrest for violation of the order.
435.5 REAL PROPERTY

Disputes over possession or occupancy of real property (e.g., land, homes, apartments) should
generally be handled through a person seeking a court order.
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Department
Crisis Intervention Incidents

This policy provides guidelines for interacting with those who may be experiencing a mental health
or emotional crisis. Interaction with such individuals has the potential for miscommunication and
violence. It often requires an officer to make difficult judgments about a person’s mental state and
intent in order to effectively and legally interact with the individual.
436.1.1 DEFINITIONS
Person in crisis - A person whose level of distress or mental health symptoms have exceeded
the person’s internal ability to manage his/her behavior or emotions. A crisis can be precipitated by
any number of things, including an increase in the symptoms of mental illness despite treatment
compliance; non-compliance with treatment, including a failure to take prescribed medications
appropriately; or any other circumstance or event that causes the person to engage in erratic,
disruptive or dangerous behavior that may be accompanied by impaired judgment.
436.2 POLICY
The Brooklyn Center Police Department is committed to providing a consistently high level of
service to all members of the community and recognizes that persons in crisis may benefit from
intervention. The Department will collaborate, where feasible, with mental health professionals
436.3 SIGNS
Members should be alert to any of the following possible signs of mental health issues or crises:
(a) A known history of mental illness
(b) Threats of or attempted suicide
(c) Loss of memory
(d) Incoherence, disorientation or slow response
(e) Delusions, hallucinations, perceptions unrelated to reality or grandiose ideas
(f) Depression, pronounced feelings of hopelessness or uselessness, extreme sadness
or guilt
(g) Social withdrawal
(h) Manic or impulsive behavior, extreme agitation, lack of control
(i) Lack of fear
(j) Anxiety, aggression, rigidity, inflexibility or paranoia
Members should be aware that this list is not exhaustive. The presence or absence of any of these
should not be treated as proof of the presence or absence of a mental health issue or crisis.
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Department
436.4 FIRST RESPONDERS

Safety is a priority for first responders. It is important to recognize that individuals under the
influence of alcohol, drugs or both may exhibit symptoms that are similar to those of a person in a
mental health crisis. These individuals may still present a serious threat to officers; such a threat
should be addressed with reasonable tactics. Nothing in this policy shall be construed to limit an
officer’s authority to use reasonable force when interacting with a person in crisis.
Officers are reminded that mental health issues, mental health crises and unusual behavior alone
are not criminal offenses. Individuals may benefit from treatment as opposed to incarceration.
An officer responding to a call involving a person in crisis should:
(a) Promptly assess the situation independent of reported information and make a
preliminary determination regarding whether a mental health crisis may be a factor.
(b) Request available backup officers and specialized resources as deemed necessary
and, if it is reasonably believed that the person is in a crisis situation use conflict
resolution and de-escalation techniques to stabilize the incident as appropriate.
(c) If feasible, and without compromising safety, turn off flashing lights, bright lights or
sirens.
(d) Attempt to determine if weapons are present or available.
(e) Take into account the person’s mental and emotional state and potential inability to
understand commands or to appreciate the consequences of his/her action or inaction,
as perceived by the officer.
(f) Secure the scene and clear the immediate area as necessary.
(g) Employ tactics to preserve the safety of all participants.
(h) Determine the nature of any crime.
(i) Request a supervisor, if warranted.
(j) Evaluate any available information that might assist in determining cause or motivation
for the person’s actions or stated intentions.
436.5 DE-ESCALATION
Officers should consider that taking no action or passively monitoring the situation may be the
most reasonable response to a mental health crisis.
Once it is determined that a situation is a mental health crisis and immediate safety concerns
have been addressed responding members should be aware of the following considerations and
should generally:
• Evaluate safety conditions.
• Introduce themselves and attempt to obtain the person’s name.
• Be patient, polite, calm, courteous and avoid overreacting.
• Speak and move slowly and in a non-threatening manner.
Department
• Moderate the level of direct eye contact.

• If possible remove distractions or disruptive people from the area.
• Demonstrate active listening skills (e.g., summarize the person’s verbal
communication).
436.6 INCIDENT ORIENTATION

When responding to an incident that may involve mental illness or a mental health crisis, the officer
should request that the dispatcher provide critical information as it becomes available. police

When requested responding supervisors should:
(a) Attempt to secure appropriate and sufficient resources.
(b) Closely monitor any use of force, including the use of restraints, and ensure that those
subjected to the use of force are provided with timely access to medical care (see the
Handcuffing and Restraints Policy).
(c) Ensure that all reports are completed and that incident documentation uses
appropriate terminology and language.
436.8 INCIDENT REPORTING

Members engaging in any oral or written communication associated with a mental health crisis
should be mindful of the sensitive nature of such communications and should exercise appropriate
discretion when referring to or describing persons and circumstances.
Members having contact with a person in crisis should keep related information confidential,
except to the extent that revealing information is necessary to conform to department reporting
procedures or other official mental health or medical proceedings.
436.8.1 DIVERSION
Individuals who are not being arrested should be processed in accordance with the Civil
Commitments Policy.
436.9 NON-SWORN INTERACTION WITH PEOPLE IN CRISIS

Non-sworn members may be required to interact with persons in crisis in an administrative
capacity, such records request, and animal control issues.
(a) Members should treat all individuals equally and with dignity and respect.
(b) If a member believes that he/she is interacting with a person in crisis, he/she should
proceed patiently and in a calm manner.
(c) Members should be aware and understand that the person may make unusual or
bizarre claims or requests.
If a person’s behavior makes the member feel unsafe, if the person is or becomes disruptive or
violent, or if the person acts in such a manner as to cause the member to believe that the person
Department
may be harmful to him/herself or others, an officer should be promptly summoned to provide

assistance.
436.10 TRAINING
In coordination with the mental health community and appropriate stakeholders, the Department
will develop and provide comprehensive education and training to all department members to
enable them to effectively interact with persons in crisis.
Additionally, the Training Sergeant will provide officers with in-service training in crisis intervention
and mental illness crises as required by Minn. Stat. § 626.8469.
Department
First Amendment Assemblies

This policy provides guidance for responding to public assemblies or demonstrations.
437.2 POLICY
The Brooklyn Center Police Department respects the rights of people to peaceably assemble. It is
the policy of this department not to unreasonably interfere with, harass, intimidate or discriminate
against persons engaged in the lawful exercise of their rights, while also preserving the peace,
protecting life and preventing the destruction of property.

Individuals or groups present on the public way, such as public facilities, streets or walkways,
generally have the right to assemble, rally, demonstrate, protest or otherwise express their views
and opinions through varying forms of communication, including the distribution of printed matter.
These rights may be limited by laws or ordinances regulating such matters as the obstruction of
individual or vehicle access or egress, trespass, noise, picketing, distribution of handbills, leafleting
and loitering. However, officers shall not take action or fail to take action based on the opinions
being expressed.
Participant behavior during a demonstration or other public assembly can vary. This may include,
but is not limited to:
• Lawful, constitutionally protected actions and speech.
• Civil disobedience (typically involving minor criminal acts).
• Rioting.
All of these behaviors may be present during the same event. Therefore, it is imperative that law
enforcement actions are measured and appropriate for the behaviors officers may encounter. This
is particularly critical if force is being used. Adaptable strategies and tactics are essential. The
purpose of a law enforcement presence at the scene of public assemblies and demonstrations
should be to preserve the peace, to protect life and prevent the destruction of property.
Officers should not:
(a) Harass, confront or intimidate participants.
(b) Seize the cameras, cell phones or materials of participants or
observers unless an officer is placing a person under lawful
arrest or any of the aforementioned items contains evidence of a crime.
437.3.1 PHOTOGRAPHS AND VIDEO RECORDINGS

Photographs and video recording, when appropriate, can serve a number of purposes,
including support of criminal prosecutions by documenting criminal acts; assistance in
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Department
evaluating department performance; serving as training material; recording the use of dispersal
orders; and facilitating a response to allegations of improper law enforcement conduct.
Photographs and videos will not be used or retained for the sole purpose of collecting or
maintaining information about the political, religious or social views of associations, or the activities
of any individual, group, association, organization, corporation, business or partnership, unless
such information directly relates to an investigation of criminal activities and there is reasonable
suspicion that the subject of the information is involved in criminal conduct.
437.4 UNPLANNED EVENTS

When responding to an unplanned or spontaneous public gathering, the first responding officer
should conduct an assessment of conditions, including, but not limited to, the following:
• Location
• Number of participants
• Apparent purpose of the event
• Leadership (whether it is apparent and/or whether it is effective)
• Any initial indicators of unlawful or disruptive activity
• Indicators that lawful use of public facilities, streets or walkways will be impacted
• Ability and/or need to continue monitoring the incident
Initial assessment information should be promptly communicated to the on duty supervisor.
Additional resources should be requested as appropriate. The responding supervisor shall
assume command of the incident until command is expressly assumed by another, and the
assumption of command is communicated to the involved members. A clearly defined command
structure that is consistent with the Incident Command System (ICS) should be established as
resources are deployed.
437.5 PLANNED EVENT PREPARATION

For planned events, comprehensive, incident-specific operational plans should be developed. The
ICS should be considered for such events.
437.5.1 INFORMATION GATHERING AND ASSESSMENT

In order to properly assess the potential impact of a public assembly or demonstration on public
safety and order, relevant information should be collected and vetted. This may include:
• Information obtained from outreach to group organizers or leaders.
• Information about past and potential unlawful conduct associated with the event or
similar events.
• The potential time, duration, scope and type of planned activities.
• Any other information related to the goal of providing a balanced response to criminal
activity and the protection of public safety interests.
Department
Information should be obtained in a transparent manner, and the sources documented. Relevant
information should be communicated to the appropriate parties in a timely manner.
Information will be obtained in a lawful manner and will not be based solely on the purpose or
content of the assembly or demonstration, or the race, ethnicity, national origin or religion of the
participants (or any other characteristic that is unrelated to criminal conduct or the identification
of a criminal subject).
437.5.2 OPERATIONAL PLANS

An operational planning team with responsibility for event planning and management should be
established. The planning team should develop an operational plan for the event.
The operational plan will minimally provide for the following:
(a) Command assignments, chain of command structure, roles and responsibilities
(b) Staffing and resource allocation
(c) Management of criminal investigations
(d) Designation of uniform of the day and related safety equipment
(e) Deployment of specialized resources
(f) Event communications and interoperability in a multijurisdictional event
(g) Liaison with demonstration leaders and external agencies
(h) Liaison with City government and legal staff
(i) Media relations
(j) Logistics: food, fuel, replacement equipment, duty hours, relief and transportation
(k) Traffic management plans
(l) First aid and emergency medical service provider availability
(m) Prisoner transport and detention
(n) Review of policies regarding public assemblies and use of force in crowd control
(o) Parameters for declaring an unlawful assembly
(p) Arrest protocol, including management of mass arrests
(q) Protocol for recording information flow and decisions
(r) Rules of engagement, including rules of conduct, protocols for field force extraction
and arrests, and any authorization required for the use of force
(s) Protocol for handling complaints during the event
437.5.3 MUTUAL AID AND EXTERNAL RESOURCES

The magnitude and anticipated duration of an event may necessitate interagency cooperation and
coordination. The assigned Incident Commander should ensure that any required memorandums
Department
of understanding or other agreements are properly executed, and that any anticipated mutual aid
is requested and facilitated (see the Mutual Aid and Outside Agency Assistance Policy).
437.6 UNLAWFUL ASSEMBLY DISPERSAL ORDERS

If a public gathering or demonstration remains peaceful and nonviolent, and there is no reasonably
imminent threat to persons or property, the Incident Commander should generally authorize
continued monitoring of the event.
Should the Incident Commander make a determination that public safety is presently or is about
to be jeopardized, he/she or the authorized designee should attempt to verbally persuade event
organizers or participants to disperse of their own accord. Warnings and advisements may be
communicated through established communications links with leaders and/or participants or to
the group.
When initial attempts at verbal persuasion are unsuccessful, the Incident Commander or the
authorized designee should make a clear standardized announcement to the gathering that
the event is an unlawful assembly, and should order the dispersal of the participants. The
announcement should be communicated by whatever methods are reasonably available to ensure
that the content of the message is clear and that it has been heard by the participants. The
announcement should be amplified, made in different languages as appropriate and documented
by audio and video. The announcement should provide information about what law enforcement
actions will take place if illegal behavior continues and should identify routes for egress. A
reasonable time to disperse should be allowed following a dispersal order.
437.7 USE OF FORCE

Use of force is governed by current department policy and applicable law (see the Use of Force,
Handcuffing and Restraints, Control Devices and Techniques, and Conducted Energy Device
policies).
Individuals refusing to comply with lawful orders (e.g., nonviolent refusal to disperse) should be
given a clear verbal warning and a reasonable opportunity to comply. If an individual refuses
to comply with lawful orders, the Incident Commander should, if reasonably able to do so,
evaluate the type of resistance and adopt a reasonable response in order to accomplish the law
enforcement mission (such as dispersal or arrest of those acting in violation of the law). Control
devices and TASER (TM) devices should be considered only when the participants’ conduct
reasonably appears to present the potential to harm officers, themselves or others, or will result in
substantial property loss or damage (see the Control Devices and Techniques and the Conducted
Energy Device policies).
Force or control devices, including )chemical restraint, should be directed toward individuals and
not toward groups or crowds, unless specific individuals cannot reasonably be targeted due to
extreme circumstances, such as a riotous crowd.
Department
Any use of force by a member of this department shall be documented promptly, completely and
accurately in an appropriate report. The type of report required may depend on the nature of the
incident.
437.8 ARRESTS
The Brooklyn Center Police Department should respond to unlawful behavior in a manner
that is consistent with the operational plan. If practicable, warnings or advisements should be
communicated prior to arrest.
Mass arrests should be employed only when alternate tactics and strategies have been, or
reasonably appear likely to be, unsuccessful. Mass arrests shall only be undertaken upon the
order of the Incident Commander or the authorized designee. There must be probable cause for
each arrest.
If employed, mass arrest protocols should fully integrate:
(a) Reasonable measures to address the safety of officers and arrestees.
(b) Dedicated arrest, booking and report writing teams.
(c) Timely access to medical care.
(d) Timely access to legal resources (if requested).
(e) Timely processing of arrestees.
(f) Full accountability for arrestees and evidence.
(g) Coordination and cooperation with the prosecuting authority, jail and courts (see the
Cite and Release Policy).
437.9 MEDIA RELATIONS

The Public Information Officer should use all available avenues of communication, including
press releases, briefings, press conferences and social media to maintain open channels of
communication with media representatives and the public about the status and progress of the
event, taking all opportunities to reassure the public about the professional management of the
event (see the News Media Relations Policy).
437.10 DEMOBILIZATION
When appropriate, the Incident Commander or the authorized designee should implement a
phased and orderly withdrawal of law enforcement resources. All relieved personnel should
promptly complete any required reports, including use of force reports, and account for all issued
equipment and vehicles.
437.11 POST EVENT

The Incident Commander should designate a member to assemble full documentation of the event,
to include the following:
Department
(a) Operational plan

(b) Any incident logs
(c) Any assignment logs
(d) Vehicle, fuel, equipment and supply records
(e) Incident, arrest, use of force, injury and property damage reports
(f) Photographs, audio/video recordings, Dispatch records/tapes
(g) Media accounts (print and broadcast media)
437.11.1 AFTER-ACTION REPORTING

The Incident Commander should work with City legal counsel, as appropriate, to prepare a
comprehensive after-action report of the event, explaining all incidents where force was used
including the following when applicable:
(a) Date, time and description of the event
(b) Actions taken and outcomes (e.g., injuries, property damage, arrests)
(c) Problems identified
(d) Significant events
(e) Recommendations for improvement; opportunities for training should be documented
in a generic manner, without identifying individuals or specific incidents, facts or
circumstances.
437.12 TRAINING
Department members should receive periodic training regarding this policy, as well as the
dynamics of crowd control and incident management. The Department should, when practicable,
train with its external and mutual aid partners.
Department
Chapter 5 - Traffic Operations
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Department
Traffic Function and Responsibility

The ultimate goal of traffic law enforcement is to reduce traffic collisions. This may be achieved
through the application of such techniques as geographic/temporal assignment of personnel and
equipment and the establishment of preventative patrols to deal with specific categories of unlawful
driving behavior. Traffic enforcement techniques are based on collision data, enforcement activity
records, traffic volume and traffic conditions. This department provides enforcement efforts toward
violations, not only in proportion to the frequency of their occurrence in collision situations but also
in terms of traffic-related needs.
500.2 TRAFFIC OFFICER DEPLOYMENT

All officers assigned to patrol or traffic enforcement functions will emphasize enforcement
of collision-causing violations during periods of high-collision incidence and at locations of
occurrence. All officers will take directed enforcement action on request and random enforcement
action when appropriate against violators as a matter of routine. All officers shall maintain high
visibility while working general enforcement, especially at high-collision incidence locations.
Other factors to be considered for deployment are citizen requests, construction zones, or special
events.
500.3 ENFORCEMENT
Enforcement actions are commensurate with applicable laws and take into account the degree
and severity of the violation committed. This department does not establish ticket quotas
and the number of citations issued by any officer shall not be used when evaluating officer
performance (Minn. Stat. § 169.985; Minn. Stat. § 299D.08). The visibility and quality of an officer’s
work effort will be commensurate with the philosophy of this policy. Several methods are effective
in the reduction of collisions:
500.3.1 WARNINGS
Warnings or other non-punitive enforcement actions should be considered in each situation and
substituted for arrests or citations when circumstances warrant.
500.3.2 TRAFFIC CITATIONS

Traffic citations may be issued when an officer believes it is appropriate. It is essential that officers
fully explain the rights and requirements imposed on motorists upon issuance of a citation for a
traffic violation. Officers should provide the following information at a minimum:
(a) Explanation of the violation or charge.
(b) Court appearance procedure, including the optional or mandatory appearance by the
motorist.
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Department
(c) Notice of whether the motorist can enter a plea and pay the fine by mail or at the court.
(d) The court contact information.
500.3.3 TRAFFIC CITATION COURT JURISDICTION

An officer who issues a traffic citation shall ensure that the citation is properly directed to the court
having jurisdiction (Minn. Stat. § 169.91 Subd. 3).
500.3.4 PHYSICAL ARREST

Physical arrest can be made on a number of criminal traffic offenses. These physical arrest cases
usually deal with, but are not limited to (Minn. Stat. § 169.91):
(a) Negligent homicide.
(b) Driving under the influence of alcohol/drugs.
(c) Hit-and-run resulting in serious injury or death.
(d) Hit-and-run resulting in damage to any vehicle or property.
500.4 HIGH-VISIBILITY VESTS

The Department has provided American National Standards Institute (ANSI) Class II high-visibility
vests to increase the visibility of department members who may be exposed to hazards presented
by passing traffic, maneuvering or operating vehicles, machinery and equipment (23 CFR 655.601;
Minn. R. 5205.0030).
Although intended primarily for use while performing traffic-related assignments, high-visibility
vests should be worn at any time increased visibility would improve the safety or efficiency of the
member.
500.4.1 REQUIRED USE

Except when working in a potentially adversarial or confrontational role, such as during vehicle
stops, high-visibility vests should be worn at any time it is anticipated that an employee will be
exposed to the hazards of approaching traffic or construction and recovery equipment. Examples
of when high-visibility vests should be worn include traffic control duties, collision investigations,
lane closures and while at disaster scenes, or any time high visibility is desirable. When emergency
conditions preclude the immediate donning of the vest, officers should retrieve and wear the vest
as soon as conditions reasonably permit. Use of the vests shall also be mandatory when directed
by a supervisor.
Vests maintained in the investigation units may be used any time a plain clothes officer might
benefit from being readily identified as an officer.
500.4.2 CARE AND STORAGE OF HIGH-VISIBILITY VESTS

All employees shall be issued a high visibility vest and are responsible for the care and
maintenance.
Department
An employee with a damaged or unusable vest shall notify their supervisor as soon as possible
to obtain a replacement.
Department
Traffic Collisions
This policy provides guidelines for responding to and investigating traffic collisions.
501.2 POLICY
It is the policy of the Brooklyn Center Police Department to respond to traffic collisions and
render or summon aid to injured victims as needed. The Department will investigate and prepare
reports according to the established minimum reporting requirements with the goal of reducing the
occurrence of collisions by attempting to identify the cause of the collision and through enforcing
applicable laws. Unless restricted by law, traffic collision reports will be made available to the
public upon request.
501.2.1 RESPONSE CONSIDERATIONS

An officer responding to and upon arrival at a collision, should consider the following:
(a) The most appropriate route to the incident.
(b) Proper placement of the emergency vehicle to provide protection for officers and the
scene.
(c) Potential for involvement of hazardous materials.
(d) Additional support that may be necessary (e.g., traffic control, medical aid, HazMat,
ambulance, and tow vehicles).
(e) Provide first aid to any injured parties if it can be done safely and obtain medical
assistance as necessary.
(f) Provision of traffic control and protection of the scene.
(g) Clearance of the roadway.
501.3 RESPONSE
Upon arriving at the scene, the responding member should assess the need for additional
resources and summon assistance as appropriate. Generally, the member initially dispatched to
the scene will be responsible for the investigation and report, if required, unless responsibility is
reassigned by a supervisor.
A supervisor should be called to the scene when the incident:
(a) Is within the jurisdiction of this department and there is:
1. A life-threatening injury.
2. A fatality.
3. A Cityvehicle involved.
4. A City official or employee involved.
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Department
Traffic Collisions
5. Involvement of an on- or off-duty member of this department.

(b) Is within another jurisdiction and there is:
1. A City of Brooklyn Center vehicle involved.
2. A City of Brooklyn Center official involved.
3. Involvement of an on-duty member of this department.
501.3.1 MEMBER RESPONSIBILITIES

Upon arriving at the scene, the responding member should consider and appropriately address:
(a) Traffic direction and control
(b) Proper placement of emergency vehicles, cones, roadway flares or other devices if
available to provide protection for members, the public and the scene.
(c) First aid for any injured parties if it can be done safely.
(d) The potential for involvement of hazardous materials.
(e) The need for additional support as necessary (e.g., traffic control, emergency medical
services, fire department, HAZMAT, tow vehicles).
(f) Clearance and cleanup of the roadway.
501.4 NOTIFICATION
If a traffic collision involves a life-threatening injury or fatality, the responding officer shall notify a
supervisor, or if unavailable, the Shift Sergeant. The Shift Sergeant or any supervisor may assign
a traffic investigator or other appropriate personnel to investigate the incident. The Shift Sergeant
will ensure notification is made to the Patrol Commander, department command staff and City
Manager in accordance with the Major Incident Notification Policy.
501.5 MINIMUM REPORTING REQUIREMENTS

A collision report shall be taken when:
(a) A fatality, any injury (including complaint of pain), impaired driving or hit and run is
involved.
(b) An on-duty member of the City of Brooklyn Center is involved.
(c) The collision results in any damage to any City-owned or leased vehicle.
(d) The collision involves any other public agency driver or vehicle.
(e) There is damage to public property.
(f) There is damage to any vehicle to the extent that towing is required.
(g) Prosecution or follow-up investigation is contemplated.
(h) Directed by a supervisor.
Department
Traffic Collisions
501.5.1 PRIVATE PROPERTY

Generally, reports should not be taken when a traffic collision occurs on private property unless
there is an injury or fatality, a hit-and-run violation or other traffic law violation involved. Members
may provide assistance to motorists as a public service, such as exchanging information and
arranging for the removal of the vehicles.
501.5.2 CITY VEHICLE INVOLVED

A traffic collision report shall be taken when a City vehicle is involved in a traffic collision that
results in property damage or injury.
A general information report may be taken in lieu of a traffic collision report at the direction of
a supervisor when the incident occurs entirely on private property or does not involve another
vehicle.
Whenever there is damage to a City vehicle, a vehicle damage report shall be completed and
forwarded to the appropriate Division Commander. The traffic investigator or supervisor at the
scene should determine what photographs should be taken of the scene and the vehicle damage.
501.5.3 INJURED ANIMALS

Department members should refer to the Animal Control Policy when a traffic collision involves
the disposition of an injured animal.
501.6 INVESTIGATION
When a traffic collision meets minimum reporting requirements the investigation should include,
at a minimum:
(a) Identification and interview of all involved parties.
(b) Identification and interview of any witnesses.
(c) A determination of whether a violation of law has occurred and the appropriate
enforcement action.
(d) Identification and protection of items of apparent evidentiary value.
(e) Documentation of the incident as necessary (e.g., statements, measurements,
photographs, collection of evidence and reporting) on the appropriate forms.
501.6.1 INVESTIGATION BY OUTSIDE LAW ENFORCEMENT AGENCY

The Patrol Commander or on-duty Shift Sergeant should request that the Minnesota Department of
Public Safety or other outside law enforcement agency investigate and complete a traffic collision
investigation when a life-threatening injury or fatal traffic collision occurs within the jurisdiction of
the Brooklyn Center Police Department and involves:
(a) An on- or off-duty member of the Department.
1. The involved member shall complete the department traffic collision form. If the
member is unable to complete the form, the supervisor shall complete it.
(b) An on-or off-duty official or employee of the City of Brooklyn Center.
Department
Traffic Collisions
Department members shall promptly notify a supervisor when any department vehicle is involved
in a traffic collision. The collision investigation and report shall be completed by the agency having
jurisdiction.
501.6.2 COMMERCIAL VEHICLE COLLISIONS

Commercial vehicle collisions additionally require notification to the Minnesota State Patrol if the
collision results in (Minn. Stat. § 169.783):
(a) A fatality.
(b) Bodily injury to a person who, as a result of the injury, immediately receives medical
treatment away from the scene of the collision.
(c) One or more vehicles incurring disabling damage as a result of the collision, requiring
the vehicle to be transported away from the scene by tow truck or other motor vehicle.
A waiver or inspection by a state trooper or other authorized person is required before a person
may drive a commercial motor vehicle that was involved in such a collision (Minn. Stat. § 169.783).
501.7 ENFORCEMENT ACTION

After a thorough investigation in which physical evidence or independent witness statements
indicate that a violation of a traffic law contributed to the collision, authorized members should
issue a citation or arrest the offending driver, as appropriate.
More serious violations, such as driving under the influence of drugs or alcohol, vehicular
manslaughter or other felonies, shall be enforced. If a driver who is subject to enforcement action
is admitted to a hospital, a supervisor shall be contacted to determine the best enforcement option.
501.8 REPORTS
Department members shall utilize forms approved by the Minnesota Department of Public Safety
as required for the reporting of traffic collisions (Minn. Stat. § 169.09, Subd. 9). All such reports
shall be forwarded to the Patrol Commander for approval and filing.
501.8.1 REPORT MODIFICATON

A change or modification of a written report that alters a material fact in the report may be made
only by the member who prepared the report, and only prior to its approval and distribution. Once
a report has been approved and distributed, corrections shall only be made by way of a written
supplemental report. A written supplemental report may be made by any authorized member.
Department
Vehicle Towing
This policy provides the procedures for towing a vehicle by or at the direction of the Brooklyn
Center Police Department and under the authority of Minn. Stat. § 168B.035.
502.2 STORAGE AND IMPOUNDS

Vehicles may be towed for violations of Minn. Stat. § 168B.035, including parking, registration and
snow emergency violations.
Vehicles may be moved or removed from a highway when in violation of Minn. Stat. § 169.32(a)
or when left unattended upon any street or highway or upon any bridge or causeway or in any
tunnel where such vehicle constitutes an obstruction to traffic (Minn. Stat. § 169.33).
The responsibilities of those employees storing or impounding a vehicle are as follows:
502.2.1 COMPLETION OF VEHICLE IMPOUND AND INVENTORY REPORT

Department members requesting towing of a vehicle shall complete a Vehicle Impound and
Inventory Report, including a description of property within the vehicle. A copy is to be given to
the tow truck operator and the original is to be submitted to the Support Services as soon as
practicable after the vehicle is stored.
The Support Services shall promptly enter pertinent data from the completed Vehicle Impound
and Inventory Report into the Minnesota Justice Information Services (MNJIS) and return the form
to the Shift Sergeant for approval.
Approved Vehicle Impound and Inventory Report forms shall be promptly placed into the auto-file
so that they are immediately available for release or for information, should inquiries be made.
Within 48 hours, excluding weekends and holidays, of the towing of any such vehicle, it shall be
the responsibility of the Support Services to determine through MNJIS the names and addresses
of any individuals having an interest in the vehicle. Notice to all such individuals shall be sent by
certified mail within five business days of impound (Minn. Stat. § 168B.06 Subd. 1).
502.2.2 REMOVAL OF VEHICLE DISABLED IN A TRAFFIC COLLISION

When a vehicle has been involved in a traffic collision and must be removed from the scene,
the officer shall request the authorized daily tow company to respond. Department to assume
responsibility for a vehicle involved in a collision, the officer shall request the dispatcher to call a
company selected from the rotational list of towing companies. The officer will then conduct an
inventory and store the vehicle using a Vehicle Impound and Inventory Report.
502.2.3 DRIVING A NON-CITY VEHICLE

Vehicles that have been towed by or at the direction of the Department should not be driven by
police personnel unless it is necessary to move a vehicle a short distance to eliminate a hazard,
prevent the obstruction of a fire hydrant or to comply with posted signs.
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Department
Vehicle Towing
502.2.4 RECORDS DIVISION RESPONSIBILITIES

Support Services personnel shall promptly enter pertinent data from the completed Vehicle
Impound and Inventory Report form into the stolen vehicle system. Approved forms shall be
promptly filed so that they are immediately available for release or review should inquiries be
made.
Within 48 hours of recovering a stolen vehicle or receiving notification that a vehicle reported stolen
through this department has been recovered, the Support Services shall make a reasonable and
good faith effort to notify the victim of the recovery. The notice must specify when the recovering
law enforcement agency expects to release the vehicle to the owner and where the owner may
pick up the vehicle. Upon recovery of a vehicle reported stolen to another agency, the Support
Services is to promptly inform the agency that the vehicle is recovered, where it is located, and
when it can be released to the owner (Minn. Stat. § 169.042 Subd. 1).
502.3 TOWING SERVICES

The City of Brooklyn Center periodically selects one or more firms to act as official tow services
and awards contracts to those firms. Those firms will be used in the following situations:
(a) When it is necessary to safeguard a vehicle due to the inability of the owner or operator
to take the required action.
(b) When a vehicle is being held as evidence in connection with an investigation.
(c) When it is otherwise necessary to store a motor vehicle. This would include situations
involving the recovery of stolen or abandoned vehicles and the removal of vehicles
obstructing traffic in violation of state or local regulations.
If more than one firm has been awarded contracts, they shall be placed on a rotation list. Nothing
in this policy shall require the Department to tow a vehicle.
502.4 TOWING AT ARREST SCENES

Whenever a person in charge or in control of a vehicle is arrested, it is the policy of this department
to provide reasonable safekeeping by towing the arrestee’s vehicle subject to the exceptions
described below. However, a vehicle shall be towed whenever it is needed for the furtherance
of an investigation or prosecution of the case, or when the community caretaker doctrine would
reasonably suggest that the vehicle should be towed. For example, the vehicle would present a
traffic hazard if it were not removed, or the vehicle is located in a high-crime area and is susceptible
to theft or damage if left at the scene.
The following are examples of situations where consideration should be given to leaving a vehicle
at the scene in lieu of towing, provided the vehicle can be lawfully parked and left in a reasonably
secured and safe condition:
• Traffic-related warrant arrest.
• Situations where the vehicle was not used to further the offense for which the occupant
was arrested nor may be subject to forfeiture proceedings.
Department
Vehicle Towing
• Whenever the vehicle otherwise does not need to be stored and the owner requests
that it be left at the scene.
In such cases, the handling employee shall note in the report that the owner was informed that
the Department will not be responsible for theft or damages.
502.5 VEHICLE INVENTORY

All property in a stored or impounded vehicle shall be inventoried and listed on the vehicle
storage form. This includes the trunk and any compartments or containers, even if they are closed
and/or locked. Members conducting inventory searches should be as thorough and accurate as
practicable in preparing an itemized inventory. These inventory procedures are for the purpose
of protecting an owner's property while the owner is in police custody, to provide for the safety
of officers and the public, and to protect the Department against fraudulent claims of lost, stolen
or damaged property.
502.6 PRESERVATION OF EVIDENCE

An officer who removes a vehicle pursuant to Minn. Stat. § 168B.035 is required to take reasonable
and necessary steps to preserve evidence. If there is probable cause to believe that a vehicle or its
contents constitute any evidence which tends to show that a criminal offense has been committed,
or that a particular person has committed a criminal offense, officers shall ensure that all legally
required and reasonably necessary efforts are taken to preserve the evidence. Such evidence is
to be provided safe storage and preserved until released to the owner or otherwise disposed of
according to law.
502.7 SECURITY OF VEHICLES AND PROPERTY

Unless it would cause an unreasonable delay in the completion of a vehicle impound/storage
or create an issue of officer safety, officer should make reasonable accommodations to permit
a driver/owner to retrieve small items of value or personal need (e.g., cash, jewelry, cellular
telephone, prescriptions) that are not considered evidence or contraband.
If a search of a vehicle leaves the vehicle or any property contained therein vulnerable to
unauthorized entry, theft or damage, personnel conducting the search shall take such steps as
are reasonably necessary to secure and/or preserve the vehicle or property from such hazards.
Department
Vehicle Impound Hearings

This policy establishes a procedure for the requirement to provide vehicle storage or impound
hearings.
503.2 STORED OR IMPOUND HEARING

When a vehicle is stored or impounded by any member of the Brooklyn Center Police Department,
a hearing will be conducted upon the request of the owner or operator of the vehicle to determine
if probable cause existed for the removal and placement of the vehicle.
The hearing shall be conducted within 48 hours of the request, excluding weekends and holidays.
The hearing officer must be a person other than the person who directed the storage or impound
of the vehicle.
503.2.1 HEARING PROCEDURES

The vehicle storage hearing is an informal process to evaluate the validity of an order to store
or impound a vehicle. The employee who caused the storage or removal of the vehicle does not
need to be present for this hearing.
All requests for a hearing on a stored or impounded vehicle shall be submitted in person, in writing,
or by telephone, within 10 days of the date appearing on the notice. The Patrol Commander will
generally serve as the hearing officer. The person requesting the hearing may record the hearing
at his/her own expense.
The failure of either the registered or legal owner or interested person or his/her agent to request
a hearing in a timely manner or to attend a scheduled hearing shall be considered a waiver of and
satisfaction of the post-storage hearing.
Any relevant evidence may be submitted and reviewed by the hearing officer to determine if
reasonable grounds have been established for the storage or impound of the vehicle. The initial
burden of proof established by a preponderance of the evidence that the storage/impound was
based on probable cause rests with the Department.
After consideration of all information, the hearing officer shall determine the validity of the storage
or impound of the vehicle in question and then render a decision. The hearing officer shall also
consider any mitigating circumstances attendant to the storage that reasonably would warrant the
release of the vehicle or a mediation or reduction of the period the vehicle is impounded.
(a) If a decision is made that reasonable grounds for storage or impound have been
established, the hearing officer shall advise the inquiring party of the decision that the
inquiring party may pursue further civil remedies if desired.
1. If mitigating circumstances are found to be relevant, the hearing officer may
make reasonable adjustments to the impound period, storage, or assessment
fees as warranted.
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Department
Vehicle Impound Hearings
(b) If a decision is made that reasonable grounds for storage or impound have not been
established or sufficient mitigating circumstances exist, the vehicle in storage shall be
released immediately. Towing and storage fees will be at the Department's expense.
(c) If a decision is made that reasonable grounds for storage have not been established
or sufficient mitigating circumstances exist, and the vehicle has been released with
fees having been paid, the receipt for such fees will be forwarded to the appropriate
Division Commander. The hearing officer will recommend to the appropriate Division
Commander that the fees paid by the registered or legal owner of the vehicle in
question or the owner's agent be reimbursed by the Department.
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Department
Impaired Driving
This policy provides guidance to those department members who play a role in the detection and
investigation of driving while impaired (DWI).
504.2 POLICY
The Brooklyn Center Police Department is committed to the safety of the roadways and the
community and will pursue fair but aggressive enforcement of Minnesota’s impaired driving laws.
Officers should not enforce DWI laws to the exclusion of their other duties unless specifically
assigned to DWI enforcement. All officers are expected to enforce these laws with due diligence.
504.4 FIELD TESTS

The Patrol Commander or designee should identify the primary field sobriety tests (FSTs) and any
approved alternate tests for officers to use when investigating violations of DWI laws.
504.5 CHEMICAL TESTS

A person implies consent under Minnesota law to a chemical test or tests, and to providing the
associated chemical sample, under any of the following (Minn. Stat. § 169A.51, Subd. 1):
(a) The arresting officer has probable cause to believe the person was driving, operating
or in physical control of a vehicle while impaired as defined by Minn. Stat. § 169A.20.
(b) The officer has probable cause to believe that the person is DWI and has been involved
in a vehicle accident resulting in property damage, personal injury or death.
(c) The officer has probable cause to believe that the person is DWI and the person has
refused to take the preliminary screening test provided for by Minn. Stat. § 169A.41.
(d) The person was administered a preliminary screening test and the results indicated
an alcohol concentration of 0.08 or more.
(e) The officer has probable cause to believe the person was driving, operating or in
physical control of a commercial motor vehicle with the presence of any alcohol in the
person’s body.
If a person withdraws this implied consent, or is unable to withdraw consent (e.g., the person is
unconscious), the officer should consider implied consent revoked and proceed as though the
person has refused to provide a chemical sample.
504.5.1 BREATH SAMPLES

The Patrol Commander or designee should ensure that all devices used for the collection and
analysis of breath samples are properly serviced and tested, and that a record of such service
and testing is properly maintained.
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Department
Impaired Driving
Officers obtaining a breath sample should monitor the device for any sign of malfunction. Any
anomalies or equipment failures should be noted in the appropriate report and promptly reported
to the shift supervisor.
504.5.2 BLOOD SAMPLES

Only persons authorized by law to draw blood shall collect blood samples (Minn. Stat. § 169A.51,
Subd. 7). The blood draw should be witnessed by the assigned officer. No officer, even if properly
certified, should perform this task.
Officers should inform an arrestee that if he/she chooses to provide a blood sample, a separate
sample can be collected for alternate testing. Unless medical personnel object, two samples
should be collected and retained as evidence, so long as only one puncture is required.
The blood sample shall be packaged, marked, handled, stored and transported as required by
the testing facility.
If an arrestee cannot submit to a blood test because he/she has a bleeding disorder or has taken
medication that inhibits coagulation, he/she shall not be required to take a blood test. Such inability
to take a blood test should not be considered a refusal. However, that arrestee may be required
to complete another available and viable test.
504.5.3 URINE SAMPLES

If a urine test will be performed, the arrestee should be promptly transported to the appropriate
testing site. The officer shall follow any directions accompanying the urine evidence collection kit.
Urine samples shall be collected and witnessed by an officer or jail staff member of the same
sex as the person giving the sample. The arrestee tested should be allowed sufficient privacy to
maintain his/her dignity, to the extent possible, while still ensuring the accuracy of the sample.
The sample shall be packaged, marked, handled, stored and transported as required by the testing
facility.
504.6 REFUSALS
When an arrestee refuses to provide a chemical sample officers should:
(a) Advise the arrestee of the requirement to provide a sample (Minn. Stat. §
169A.51; Minn. Stat. § 171.177, Subd. 1).
(b) Audio- and/or video-record the admonishment and the response when it is legal and
practicable.
(c) Document the refusal in the appropriate report.
504.6.1 STATUTORY NOTIFICATIONS UPON REFUSAL

Upon refusal to submit to a chemical test as required by law, officers shall personally serve the
notice of intention to revoke upon the person and invalidate the person’s license in such a way
that no identifying information is destroyed and immediately return the license to the person (Minn.
Stat. § 169A.52, Subd. 7; Minn. Stat. § 171.177, Subd. 8).
Department
Impaired Driving
504.6.2 BLOOD SAMPLE WITHOUT CONSENT

A blood sample may be obtained from a person who does not consent to a chemical test when
any of the following conditions exist (Minn. Stat. § 169A.51, Subd. 3):
(a) A search warrant has been obtained.
(b) The officer can articulate that exigent circumstances exist and the officer has probable
cause to believe that the person has committed DWI, including vehicular homicide or
injury (Minn. Stat. § 169A.52, Subd. 1; Minn. Stat. § 171.177, Subd. 13). Exigency does
not exist solely because of the short time period associated with the natural dissipation
of alcohol or controlled or prohibited substances in the person’s bloodstream. Exigency
can be established by the existence of special facts, such as a lengthy delay in
obtaining a blood sample due to a collision investigation or medical treatment of the
person.
504.6.3 FORCED BLOOD SAMPLE

A forced sample may not be taken except in DWI cases involving vehicular homicide or injury
(Minn. Stat. § 171.177, Subd. 13). In those cases, if a person indicates by word or action that he/
she will physically resist a blood draw, the officer should request a supervisor to respond.
The responding supervisor should:
(a) Evaluate whether using force to obtain a blood sample is appropriate under the
circumstances.
(b) Ensure that all attempts to obtain a blood sample through force cease if the person
agrees to, and completes, a viable form of testing in a timely manner.
(c) Advise the person of his/her duty to provide a sample (even if this advisement was
previously done by another officer), and attempt to persuade the person to submit to
such a sample without physical resistance.
1. This dialogue should be recorded on audio and/or video when reasonably
practicable.
(d) Ensure that the blood sample is taken in a medically approved manner.
(e) Ensure that the forced blood draw is recorded on audio and/or video when reasonably
practicable.
(f) Monitor and ensure that the type and level of force applied appears reasonable under
the circumstances:
1. Unless otherwise provided in a warrant, force should generally be limited to
handcuffing or similar restraint methods.
2. In misdemeanor cases, if the arrestee becomes violent or more resistant, no
additional force will be used and a refusal should be noted in the report.
3. In felony cases, force which reasonably appears necessary to overcome the
resistance to the blood draw may be permitted.
Department
Impaired Driving
(g) Ensure the use of force and methods used to accomplish the collection of the blood
sample are documented in the related report.
If a supervisor is unavailable, officers are expected to use sound judgment and perform the duties
of a supervisor, as set forth above.
504.6.4 WARRANTS FOR CONTROLLED SUBSTANCES OR INCAPACITATION

A blood or urine test may be required pursuant to a warrant if the officer has probable cause to
believe that (Minn. Stat. § 169A.51, Subd. 4):
(a) The person’s impairment is due to a controlled substance or an intoxicating substance
that is not subject to testing by a breath test.
(b) A controlled substance listed in Schedule I or II or its metabolite (other than marijuana
or tetrahydrocannabinols), is present in the person’s body.
(c) The person is unconscious or incapacitated to the point that the officer providing the
breath test advisory, administering the breath test, or serving the search warrant has
a good faith belief that the person is mentally or physically unable to comprehend the
advisory or otherwise voluntarily submit to the chemical tests.
If a person objects to the blood or urine test as directed by the warrant or officer, the officer should
offer the other type of test if the person is conscious. Action may be taken against a person refusing
to submit to a blood or urine test only if an alternate test of blood or urine, as applicable, was
offered (Minn. Stat. § 169A.51, Subd. 4; Minn. Stat. § 171.177, Subd. 2).
504.7 ARREST AND INVESTIGATION
504.7.1 RIGHT TO ATTORNEY CONTACTS

A person has a limited right to consult with an attorney prior to submitting to a chemical test. This
right is limited to the extent that it cannot unreasonably delay administration of the test (Minn.
Stat. § 169A.51, Subd. 2).
504.7.2 ARREST AUTHORITY

An officer may arrest a person without a warrant and without regard to whether the offense was
committed in the officer’s presence if there is probable cause to believe the person committed
(Minn. Stat. § 169A.40):
(a) A DWI offense (Minn. Stat. § 169A.20).
(b) An alcohol-related driving offense involving a school bus or a Head Start bus (Minn.
Stat. § 169A.31).
(c) An underage drinking and driving offense (Minn. Stat. § 169A.33).

If an officer requests that a person submit to a chemical test and the person refuses such request,
the officer shall report such refusal to the Commissioner of the Department of Public Safety (DPS)
and the appropriate prosecuting attorney (Minn. Stat. § 169A.52, Subd. 1; Minn. Stat. § 171.177,
Subd. 3).
Department
Impaired Driving
If a person refuses to submit to a test or in the alternative submits to a test and the results indicate
a prohibited alcohol concentration, the officer shall immediately give notice to the person that
his/her driving privilege will be revoked and shall (Minn. Stat. § 169A.52, Subd. 7; Minn. Stat. §
171.177, Subd. 8):
(a) Issue the person a temporary license effective for only seven days.
1. Officers are not required to issue a person a temporary license if the person’s
driving privilege is under withdrawal by DPS or if the person is unlicensed.
(b) Send the notification of this action to the Commissioner of the DPS along with the
certification that there was probable cause to believe the person had been driving,
operating or in physical control of a motor vehicle while impaired, and that the person
either refused to submit to a test or submitted to a test and the results indicated a
prohibited alcohol concentration or drug presence.
Test results of a person that indicate a prohibited alcohol concentration or drug presence shall
be forwarded to the Commissioner of the DPS and the appropriate prosecuting attorney (Minn.
Stat. § 169A.52, Subd. 2).
504.7.4 STATUTORY WARNING

At the time that the officer requests the person to submit to a chemical test the officer must inform
the person that (Minn. Stat. § 169A.51, Subd. 2):
(a) Minnesota law requires that he/she take the test.
(b) Refusal to take the test is a crime.
(c) If he/she was arrested for a violation of vehicular homicide and injury, the test will be
taken with or without consent (Minn. Stat. § 169A.52, Subd. 1).
(d) He/she has the right to consult with an attorney unless it would unreasonably delay
administration of the test.
An officer investigating a DWI involving criminal vehicular operation is not required to make the
above mentioned notice if license revocation will not be pursued.
504.7.5 PRELIMINARY SCREENING TEST

An officer who has reason to believe the person was driving, operating or in physical control of a
motor vehicle while impaired, may require the person to provide a sample of the person’s breath
for a preliminary screening test using a device approved by the DPS Commissioner (Minn. Stat.
§ 169A.41, Subd. 1).
The officer must use the results of the preliminary screening test for the purpose of deciding
whether to arrest the person and require further chemical testing pursuant to Minn. Stat. § 169A.51
(Minn. Stat. § 169A.41, Subd. 2).
Department
Impaired Driving
504.7.6 OFFENSE FOR REFUSAL

A person who refuses to submit to a chemical test pursuant to Minn. Stat. § 169A.51 or Minn. Stat.
§ 169A.52 may also be charged with a separate criminal offense for such refusal (Minn. Stat. §
169A.20, Subd. 2).
504.7.7 ADDITIONAL TESTING

An officer shall permit a person required to submit to a chemical test to have a qualified person
of his/her own choosing administer a separate chemical test (Minn. Stat. § 169A.51, Subd. 7(b)).
The separate chemical test shall:
(a) Be conducted at the place where the person is in custody.
(b) Be conducted after the officer has administered the statutorily mandated test.
(c) Impose no expense to the state.
504.7.8 ADDITIONAL REQUIREMENTS FOR BREATH SAMPLES

All breath samples requested in accordance with this policy shall be obtained in accordance with
Minn. Stat. § 169A.51, Subd. 5.
504.7.9 REPORTING
The Patrol Commander shall ensure that the Department complies with all state reporting
requirements.
504.8 SUPPORT SERVICES RESPONSIBILITIES

The Support Services Supervisor will ensure that all case-related records are transmitted
according to current records procedures and as required by the prosecuting attorney’s office.
504.9 ADMINISTRATIVE HEARINGS

The Support Services Manager will ensure that all appropriate reports and documents related to
administrative license suspensions are reviewed and forwarded to the Driver and Vehicle Services
Division of the Department of Public Safety (DVS).
Any officers who receive notice of required attendance to an administrative license suspension
hearing should promptly notify the prosecuting attorney when requested or required.
Specific details of the hearing generally should not be included in the report unless errors,
additional evidence, or witnesses are identified. The Records Division should forward this to the
prosecuting attorney as part of the case file.
504.10 TRAINING
The Training Sergeant should ensure that officers participating in the enforcement of DWI laws
receive regular training. Training should include at minimum current laws on impaired driving,
investigative techniques and rules of evidence pertaining to DWI investigations. The Training
Sergeant should confer with the prosecuting attorney’s office and update training topics as needed.
Department
Traffic Citations
This policy outlines the responsibility for traffic citations, the collection of data, the procedure for
dismissal, correction and voiding of traffic citations.
Hennepin County Court Administration shall be responsible for the development and design of
all Departmental Directive traffic citations in compliance with state law (Minn. Stat. § 169.99 and
Minn. Stat. § 169.999 Subd. 3).
The Support Services shall be responsible for the supply and accounting of all traffic citations.
Citations will be kept in a secure location. Officers will sign for the citation books when issued.
505.2.1 DATA COLLECTION

The Support Services should maintain information relating to traffic stops in which a citation is
issued and to arrests resulting from those traffic stops, including information relating to:
(a) The race or ethnicity of the individual detained.
(b) Whether a search was conducted and, if so, whether the person detained consented
to the search.
The Support Services should submit an annual report to the Chief of Police of the information
collected to assist in the implementation and administration of the Department’s Racial- or Bias-
Based Profiling Policy required by state law (Minn. Stat. § 626.8471 Subd. 4).
505.3 DISMISSAL OF TRAFFIC CITATIONS

Employees of this department do not have the authority to dismiss a citation once it has been
issued. Only the court has the authority to dismiss a citation that has been issued. Any request from
a recipient to dismiss a citation shall be referred to the issuing officer or officer's supervisor. Upon
a review of the circumstances involving the issuance of the traffic citation, the officer or supervisor
may recommend dismissal of the traffic citation. If approved, the citation will be forwarded to the
appropriate prosecutor with a request for dismissal. All recipients of traffic citations whose request
for dismissal of a traffic citation has been denied shall be referred to the appropriate court.
Should an officer determine during a court proceeding that a traffic citation should be dismissed
in the interest of justice or where prosecution is deemed inappropriate, the officer may request
the prosecutor to dismiss the citation. Upon dismissal of the traffic citation by the court, the officer
shall notify his/her immediate supervisor of the circumstances surrounding the dismissal and shall
complete any paperwork as directed or required.
Members of the Department shall provide a report or other verification to the owner of a stolen
vehicle that may have received a citation during the time of the theft for the purpose of dismissing
the citation (Minn. Stat. § 169.042 Subd. 2).
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Department
Traffic Citations
505.4 VOIDING TRAFFIC CITATIONS

Voiding a traffic citation may occur when a traffic citation has not been completed or where it is
completed but not issued. All copies of the citation shall be presented to a supervisor to approve
the voiding of the citation. The citation and copies shall then be forwarded to the Support Services
Manager. A request to void an electronic citation needs to have a copy included with the void
request.
505.5 CORRECTION OF TRAFFIC CITATIONS

When a traffic citation is issued and in need of correction, the officer issuing the citation shall
submit the citation and a letter requesting a specific correction to his/her immediate supervisor.
The citation and letter shall then be forwarded to the Support Services Manager. The SSM or
designee shall prepare a letter of correction to the court having jurisdiction and to the recipient
of the citation.
505.6 DISPOSITION OF TRAFFIC CITATIONS

The citation copies shall then be filed with the Support Services.
Upon separation from employment with this department, all employees issued traffic citation books
shall return any unused citations.
505.7 NOTICE OF PARKING VIOLATION APPEAL PROCEDURE

Disposition of notice of parking violation appeals is conducted pursuant to Minnesota state law
and local regulations (Minn. Stat. § 169.04 (a) (1)).
505.7.1 APPEAL STAGES

Appeals may be pursued sequentially at three different levels:
(a) Administrative reviews are conducted by a supervisor, which will review written/
documentary data. Requests for administrative reviews are available at the front desk.
These requests are informal written or verbal statements outlining why the notice of
parking violation should be dismissed.
(b) If the appellant wishes to pursue the matter beyond administrative review, an
administrative hearing may be conducted in person or by written application at the
election of the appellant. Independent referees review the existent administrative file,
amendments and/or testimonial material provided by the appellant, and may conduct
further investigation or follow-up on their own.
(c) If the appellant wishes to pursue the matter beyond an administrative hearing, an
appellant may petition a municipal court for a hearing by filing with the clerk of the
municipal court and posting fees as required.
Department
Traffic Citations
505.7.2 TIME REQUIREMENTS

Administrative review or appearance before a hearing examiner will not be provided if the
mandated time limits are not adhered to by the violator.
(a) Requests for an administrative review must be postmarked within 21 days of issuance
of the notice of parking violation, or within 10 days of mailing the Notice of Delinquent
Parking Violation.
(b) Requests for administrative hearings must be postmarked within 15 days of the
notification mailing of the results of the administrative review.
(c) Requests for appeal to the District Court must be made within 20 days of the mailing
of the administrative hearing results.
(d) Registered owners of leased or rented vehicles may transfer responsibility for the
violation to the lessee or renter of the vehicle at the time of the violation if the name,
address, and driver's license number of the lessee/renter is provided to the processing
agency within 30 days of the mail date of the delinquent notice.
505.7.3 COSTS
(a) There is no cost for an administrative review.
(b) Appellants must pay the full amount due for the citation, or provide satisfactory proof
of their inability to pay, before receiving an administrative hearing.
(c) An appeal through District Court requires prior payment of filing costs, including
applicable court charges and fees. These costs will be reimbursed to the appellant in
addition to any previously paid fines if appellant's liability is overruled by the District
Court.
505.8 JUVENILE CITATIONS

Completion of traffic citation forms for juveniles may vary slightly from the procedure for adults.
The juvenile’s age, place of residency and the type of offense should be considered before issuing
the juvenile a citation.
(a) When any juvenile is issued a citation for a drug or alcohol violation, or a juvenile 16
years of age or older is issued a citation for an adult court traffic offense, the officer
shall follow the arrest procedures prescribed in Minn. Stat. § 169.91 and shall make
reasonable effort to notify the child's parent or guardian of the violation and the nature
of the charge. Notifications should be documented (Minn. Stat. § 260B.225 Subd. 3).
(b) When any juvenile is issued a citation for a major traffic offense, the officer is required
to file a signed copy of the citation, as provided in Minn. Stat. § 169.91, with the juvenile
court of the county in which the violation occurred. The citation serves as a petition
providing the juvenile court jurisdiction (Minn. Stat. § 260B.225 Subd. 5).
Department
Disabled Vehicles
Law enforcement and other public agencies may develop and adopt a written policy to provide
assistance to motorists in disabled vehicles within their primary jurisdiction.

When an on-duty officer observes a disabled vehicle on the roadway, the officer should make a
reasonable effort to provide assistance. If that officer is assigned to a call of higher priority, the
dispatcher, community service officer, or other officer should be advised of the location of the
disabled vehicle and the need for assistance.
506.3 EXTENT OF ASSISTANCE

In most cases, a disabled motorist will require assistance. After arrangements for assistance are
made, continued involvement by Department personnel will be contingent on the time of day, the
location, the availability of Department resources, and the vulnerability of the disabled motorist.
506.3.1 MECHANICAL REPAIRS

Department personnel shall not make mechanical repairs to a disabled vehicle. The use of push
bumpers to relocate vehicles to a position of safety is not considered a mechanical repair.
506.3.2 RELOCATION OF DISABLED VEHICLES

The relocation of disabled vehicles by members of this department by pushing or pulling a vehicle
should only occur when the conditions reasonably indicate that immediate movement is necessary
to reduce a hazard presented by the disabled vehicle.
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Department
Abandoned Vehicle Violations

This policy provides procedures for the removal, recording, and storage of vehicles abandoned in
violation of abandoned vehicle laws, under the authority of Minn. Stat. § 168B.04.
507.1.1 DEFINITION
Pursuant to Minnesota statutes, a vehicle is abandoned if:
(a) The motor vehicle has remained illegally for more than 48 hours on any government-
owned or government-controlled property, or for more than 4 hours on that property
when properly posted (Minn. Stat. § 168B.011 Subd. 2 (1)).
(b) The motor vehicle has been properly tagged by an officer and abandoned for 4 hours
on any highway (Minn. Stat. § 168B.04, Subd. 2 (b) (1)).
(c) The motor vehicle has been abandoned and located so as to constitute a collision or
traffic hazard (Minn. Stat. § 168B.04 Subd. 2 (b) (1)).
(d) The motor vehicle is unattended on private residential property, that is a single-family
or duplex, without permission of the property caretaker (Minn. Stat. § 168B.04 Subd.
2 (b) (2)).
(e) The motor vehicle can be immediately removed if on private non-residential property if
properly posted, or after 24 hours if not posted (Minn. Stat. § 168B 04 Subd. 2 (b) (2)).
(f) The motor vehicle remains at a service, repair, or maintenance establishment of
motor vehicles 5 days after notifying the vehicle owner by certified mail, return receipt
requested, of the property owner's intention to have the vehicle removed from the
property (Minn. Stat. § 168B.04 Subd. 2 (b) (2)).
507.2 MARKING VEHICLES

Vehicles on public roadways suspected of being abandoned in violation of Minnesota abandoned
vehicle laws shall be marked and noted. No case number is required at this time.
A visible chalk, crayon, or paint mark should be placed on the tire tread at the fender level unless
the vehicle is missing tires or other vehicle conditions or weather prevent marking. Any deviation
in markings shall be noted.
If a marked vehicle has been moved or the markings have been removed during a 4-hour or
24-hour investigation period, the vehicle shall be marked again for either the 4-hour or 24-hour
abandonment violation.
507.2.1 MARKED VEHICLE FILE

Community service officers assigned to the Patrol Division shall be responsible for the follow-up
investigation of all abandonment violations.
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Department
Abandoned Vehicle Violations
507.2.2 VEHICLE STORAGE

Any vehicle in violation shall be stored by the authorized towing service, and a vehicle impound
form shall be completed by the officer authorizing the storage of the vehicle.
The impound form shall be submitted to the Support Services immediately following the storage
of the vehicle. It shall be the responsibility of the Support Services to immediately notify the
Minnesota Criminal Justice Information Services (MNJIS). Notification may also be made to the
National Law Enforcement Telecommunications System (NLETS).
Within 48 hours of the storage of any such vehicle, excluding weekends and holidays, it shall be
the responsibility of the Support Services to immediately notify MNJIS. Notification may also be
made to the NLETS.
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Department
Snow Emergency Parking Prohibited

This policy provides the procedures for the police department’s response to a snow event and the
resulting parking restrictions.
508.1.1 DEFINITIONS
Snow Event - Any instance where a snowfall of 2.5 inches or more occurs in the City of Brooklyn
Center (Brooklyn Center City Ordinance 27-120.2).
508.2 NOTIFICATIONS
A snow event resulting in parking restrictions will be declared by Brooklyn Center Public Works.
Staff from Public Works will notify the police department’s on-duty supervisor as soon as practical,
to include the anticipated time that plowing will begin.
The community will be notified of the event by the City of Brooklyn Center’s Communication
Coordinator. Residents should be directed towards the City of Brooklyn Center website, the City
of Brooklyn Center social media sites, along with the notify me system for event updates.
508.3 SUPERVISOR DUTIES

Upon receiving notification of a snow event resulting in parking restrictions, the on-duty supervisor
shall:
(a) Ensure the DCO is aware of the upcoming event and work with the DCO to plan for
availability of necessary police resources
(b) Review the schedule for the upcoming shift during which the snow event will occur. If
staff resources do not appear to be adequate, supervisors should call in CSOs,
Cadets, and potentially Officers, to assist.
(c) Notify all authorized towing services of the upcoming snow event and potential for
vehicle impounds.
On-duty police supervisors will be responsible for directing staff resources towards the
enforcement of the parking restrictions imposed during a snow event.
508.4 CITATIONS AND IMPOUNDS

Any vehicle parked in violation of Brooklyn Center City Ordinance 27-120.2 during a snow event
shall be issued a citation and impounded immediately by an authorized towing service.
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Department
Citations will be issued at the time the vehicle is being impounded.
If the owner/operator of a vehicle is present at the vehicle prior to the towing service taking custody
of the vehicle, the vehicle will be released, if able to be immediately removed from the street. If
the vehicle is not able to be immediately removed from the street, it shall be impounded.
508.4.1 VEHICLE INVENTORY AND CONDITION

Vehicles being impounded due to a snow event will be inventoried in the following manner:
(a) Unlocked vehicles- Shall be inventoried and property shall be listed on the Auto
Impound and Inventory form as outlined in Brooklyn Center Police Department Policy
502 (Vehicle Towing).
(b) Locked vehicles- Shall be visually inspected from the exterior and any property
observed shall be listed on the Auto Impound and Inventory form. Locked vehicles
may be opened by officers if it is believed there are additional items of value to be
logged or items of significant value to be removed and held for safe keeping at the
police department (such as firearms or cash).
Vehicles impounded for any reason other than a snow event shall be inventoried in a manner
consistent with Brooklyn Center Police Department Policy 502 (Vehicle Towing). This includes
vehicles which are impounded during a snow event but are not being impounded solely because
of a snow event. This may include but is not limited to; accidents, recovered stolen vehicles,
abandoned vehicles, hazards, forfeitures, or arrest incidents.
Vehicle condition and any damage shall be noted on the Auto Impound and Inventory form.
508.4.2 REPORTS
A citation and an Auto Impound and Inventory form shall be completed for each vehicle impound. A
long form report may be completed for further documentation if unusual circumstances occur
during the impound process.
508.4.3 RELEASE OF IMPOUNDED VEHICLE

The release of all impounded vehicles shall be consistent with the procedures established in
Brooklyn Center Police Department Policy 502 (Vehicle Towing).
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508.5 PRIORITY OF ENFORCEMENT

The parking prohibited by a snow event will apply to all public streets and alleys until that particular
street or alley has been plowed and the snow removed to the curb line. Enforcement will be
conducted city wide and include all publicly owned streets and alleys. Priority may be given to
streets designated by Public Works as being “mains” or “secondary” roadways. Priority may also
be given to streets and areas which have been identified by plow truck drivers as historically
difficult to plow or often congested.
The parking prohibited by a snow event does not apply to privately owned roads or parking lots.
508.6 AUTHORIZED TOWING SERVICES

The towing services authorized for vehicle impounds for violations of parking restrictions imposed
by a snow event, are the same towing services that have been awarded contracts for normal police
department related tows, and are on a rotation list for those impounds.
The previously established “tow service of the day” will still be responsible for all police impounds
not related to snow event violations during their previously assigned days.
Police staff members who are impounding vehicles because of parking restrictions imposed by a
snow event will rotate through all authorized tow services for the vehicles being impounded solely
because of a snow event as each vehicle is subsequently impounded.
508.7 TERMINATION OF THE SNOW EMERGENCY PROHIBITED PARKING

The prohibited parking imposed by a snow event remains in effect on all public streets and alleys
until that particular street or alley has been plowed and the snow removed to the curb line.
508.8 COMPLAINT HANDLING

Any complaints arising from a snow event should be handled through the following process:
(a) Complaints regarding conduct of police staff or towing contractors will be handled by
the on-duty supervisor.
(b) Complaints related to the quality or timeliness of snow removal will be forwarded to
the Brooklyn Center Public Works Department.
(c) Complaints related to the general disagreement of Brooklyn Center City Ordinance
27-120.2 may be forwarded to the City Hall.
Department
Chapter 6 - Investigation Operations
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Department
Investigation and Prosecution

When assigned to a case for initial or follow-up investigation, officers shall proceed with due
diligence in evaluating and preparing the case for appropriate clearance or presentation to a
prosecutor for filing criminal charges.
600.2 INITIAL INVESTIGATIONS

An officer responsible for an initial investigation shall complete no less than the following:
(a) Make a preliminary determination if a crime has been committed by completing, at a
minimum, the following:
1. Obtain an initial statement from any witnesses or complainants.
2. Conduct a cursory examination for possible evidence.
(b) If information indicates a crime has occurred:
1. Preserve the scene and any evidence as required to complete the initial and
follow-up investigation.
2. Determine if additional investigative resources (e.g., investigators or scene
processing) assistance is necessary and request assistance as required.
3. If assistance is warranted, or if the incident is not routine, notify a supervisor
or shift sergeant .
4. Interview all available victims, informants, complainants, witnesses, and
suspects.
5. Make reasonable attempts to locate, identify, and interview all available victims,
complainants, witnesses, and suspects.
6. Collect any evidence.
7. Take any appropriate law enforcement action.
8. Complete and submit the appropriate reports and documentation.
(c) If the preliminary determination is that no crime occurred, determine what other
action may be necessary and what other resources may be available, and advise the
informant or complainant of this information.
An employee who is not an officer assigned to any preliminary investigation is responsible for
all investigative steps except making any attempt to locate, contact, or interview a suspect or
take any enforcement action. Should an initial investigation indicate those steps are required, the
assistance of an officer shall be requested.
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600.3 RECORDING OF CUSTODIAL INTERROGATIONS

Any custodial interrogation of a person who is suspected of having committed a criminal offense
should be electronically recorded (audio, video, or both, as available) in its entirety, including any
information or discussion about the person's rights and any waiver of those rights. Regardless
of where the interrogation occurs, every reasonable effort should be made to secure functional
recording equipment to accomplish such recordings.
Officers should also consider electronically recording a custodial interrogation, or any investigative
interview, for any offense when the officer reasonably believes it would be appropriate and
beneficial to the investigation and is otherwise allowed by law.
No recording of an interrogation should be destroyed or altered without written authorization from
the prosecuting attorney and the Investigation supervisor or pursuant to the Department records
retention policy after closure of the case file. Copies of recorded interrogations or interviews may
be made in the same or different format, provided they are true, accurate, and complete copies and
are made only for authorized and legitimate law enforcement purposes, or otherwise authorized
or required by law.
Officers should continue to prepare written summaries of custodial questioning and investigative
interviews, and continue to obtain written statements from suspects when applicable.
600.4 FOLLOW-UP INVESTIGATIONS

Follow-up investigations on all cases are evaluated and assigned by the Investigations Division
commander, designee, or sergeant based upon caseload, case assignment, and an evaluation
of case solvability factors.
600.4.1 CASE SOLVABILITY FACTORS

Case solvability factors include, but are not limited to, the following:
(a) Reliability of witnesses.
(b) Suspect is named.
(c) Suspect is described.
(d) Suspect's location is known.
(e) Suspect is identified.
(f) Suspect has been previously seen.
(g) Suspect vehicle is described.
(h) Suspect vehicle is identified.
(i) Property is traceable.
(j) Modus operandi is significant.
(k) There is usable physical evidence.
Department
(l) There was limited opportunity for anyone other than the suspect to commit the crime.
(m) The case may be solved with reasonable additional investigative effort.
(n) Other factors that are applicable only in exceptional circumstances:
1. The case is of significant importance to the community.
2. There is potential imminent danger to victims or witnesses.
3. The seriousness of offense.
4. There is a characteristic pattern, frequency, or modus operandi related to the
case.
5. Management decisions to pursue a case, regardless of solvability factors.
600.5 MODIFICATION OF CHARGES FILED

Employees are not authorized to recommend to the prosecuting attorney, City Attorney, or to any
other official of the court that charges on a pending case be altered or the case dismissed. In
all cases resulting in court prosecution, any request to modify the charges filed or to recommend
dismissal of charges in a pending case shall be made to the prosecuting attorney's office or City
Attorney's Office only as authorized by a division commander, the Chief of Police, or designee.
600.6 TRAINING
Officers shall receive training in preliminary investigations prior to assignment to any investigative
duties. Officers assigned to any follow-up or advanced investigations, or upon assignment to
investigations, shall have completed training in follow-up investigations.
600.7 ELECTRONIC BENEFIT TRANSFER (EBT) CARDS

Officers shall make a report any time they arrest a person who possesses more than one welfare
Electronic Benefit Transfer (EBT) card. The investigating officer shall forward this report to the
Minnesota Department of Human Services within 30 days of the arrest. The report shall include
all of the following (Minn. Stat. § 626.5533):
(a) The name, address, and driver's license or state identification card number of the
suspect
(b) The number on each EBT card and name, if any
(c) The date and location of any alleged offense
(d) Any other information the Minnesota Department of Human Services may require on
related state forms
600.8 SCRAP METAL THEFT INVESTIGATION

The Investigations Division commander shall ensure the Department complies with the
implementation and use of the Automated Pawn System (APS), as well as the investigative
Department
requirements regarding scrap metal dealers (Minn. Stat. § 168; Minn. Stat. § 168A.1501; Minn.
Stat. § 325E.21).
Department
Sexual Assault Investigations

The purpose of this policy is to establish guidelines for the investigation of sexual assaults.
601.1.1 Definitions
Consent:
(a) Words or overt actions by a person indicating a freely given present agreement to
perform a particular sexual act with the actor. Consent does not mean the existence
of a prior social relationship between the actor and the complainant of that the
complainant failed to resist a particular sexual act. (Minn. Stat. 609.34(a)).
(b) A person who is mentally incapacitated or physically helpless as defined by Minnesota
Statute 609.341 cannot consent to a sexual act (Minn. Stat. 609.341(b)).
(c) Corroboration of the victim's testimony is not required to show lack of consent (Minn.
Stat. 609.341(c)).
Family or Household Member: As defined in Minn. Stat. 518b.01(2)(b) to include:
(a) Spouses or former spouses;
(b) Parents and children;
(c) Persons related by blood;
(d) Persons who are presently residing together or who have resided together in the past;
(e) Persons who have a child in common regardless of whether they have been married
or have lived together at any time; and
(f) Persons involved in a significant romantic or sexual relationship.
HART -Hennepin Assault Response Team
Restricted Sexual Assault Kit- Any kit that does not have an accompanying release form signed
by the victim authorizing law enforcement to submit the kit to a forensic laboratory (Minn. Stat.
299C.106).
Sexual Assault- A person who engages in sexual contact or penetration with another person in a
criminal manner as identified in Minn. Stat. 609.342 to 609.3451.
Sex Trafficking- Any offenses as defined in Minn. Stat. 609.321 and Minn. Stat. 609.322.
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Unrestricted Sexual Assault Kit- A kit that has an accompanying release form signed by the patient
allowing law enforcement to submit the kit to a forensic laboratory (Minn. Stat. 299C.106).
601.2 PHILOSOPHY
Initial officers responding to a sexual assault usually provide the bulk of evidence necessary for
criminal prosecution. Officers play a significant role in both the victim’s willingness to cooperate
and the ability to manage the emotional and psychological effects after the crime.It is important
that these crimes be handled from a non-judgmental perspective.
601.3 RESPONSIBILITY
The primary responding officer should assess the victim’s health, safety, need for medical
attention. The officer shall, with the consent of the victim, provide or arrange for transportation to
a hospital for medical treatment and/or evidence collection. Officers are not required to remain
with the victim during the entire forensic-medical exam as this process may take several hours.
If the situation requires additional officers, the primary officer shall assume responsibility of
attending to the victim while additional officers should assume responsibility for preserving the
scene, gathering/identifying evidence, interviewing all potential witnesses, searching for the
suspect and other tasks as necessary.
During the initial response, it is important for officers to understand that the victim is likely to be
traumatized and may not be able to immediately assist with the investigation. Care should be
taken to approach and interact with the victim in a supportive caring manner.
The department shall withhold public access to information that would reveal the identity of a victim
or alleged victim of a criminal sexual conduct or sex trafficking crime (Minn. State Stat. 13.82
Subd. 17(b) and Minn. Stat. 611A.021).
Victims have the right to receive access to resources and assistance from the Safe at Home
Program (Minn. Stat. 611A.66).
601.4 FORENSIC MEDICAL EXAMS

A forensic-medical exam is not absolutely necessary for a reported Criminal Sexual Conduct crime
to be successfully investigated and charged. In addition to forensic-medical exams recovering
evidence, these exams also check the victim for injuries, pain, possible sexually transmitted
diseases, pregnancy and other medical issues that may have occurred as a result of the assault.
For the purpose of addressing the victim’s medical needs these examinations can be done at
any time regardless of when the assault occurred.
Department
Forensic nurses are generally available 24 hours per day. Their responsibility is to collect, package
and label any biologic and/or trace evidence identified during the exam as well as clothing and
blood and urine toxicology.
Forensic nurses will not perform an exam on a victim who is unwilling to give consent or unable
to give consent due to intoxication. However, if a victim is unable to consent for an exam due
to altered mental status and there is reasonable evidence that a sexual assault occurred, then a
medical-forensic exam may be completed.
Forensic nurse personnel package all evidence collected, including clothes, Bureau of Criminal
Apprehension (BCA) kits for release to the officer. Upon the conclusion of the forensic-medical
exam HART staff will notify the investigating officer via dispatch that the medical exam is available
for pick-up. All sexual assault kits shall be collected by the department within 10 days of their
availability (Minn Stat. 299C.106 Subd. 2).
The investigating officer should transfer all evidence obtained to the police department and
property inventory all items according to policy. It is not necessary for officers to open sealed
evidence. The exception would be if an item needed to be dried prior to re-sealing the evidence
packaging. The forensic exam report will be copied and submitted with the officer’s report along
with a medical release form with the original forensic exam report being property inventoried. All
kits where the victim has consented to forensic testing shall be submitted for laboratory testing
within 60 days of its receipt.
If a victim declines a medical-forensic exam the officer should document this in their report.
601.4.1 EXAM RESULTS-VICTIM NOTIFICATION

Upon written request from the victim or the victim’s written designee for investigative data, the
department should release the following information if doing so would not interfere with the
investigation (Minn. Stat. 611A.27):
(a) The date that a sexual assault examination kit was submitted to a forensic laboratory.
(b) The date that the agency received notice of the results of the testing.
(c) Whether a DNA profile was obtained from the testing.
Department
601.4.2 FORENSIC MEDICAL EXAM-EVIDENCE RECOVERY

It is recommended that victims, if willing, and who are reporting a sexual assault that occurred
within the past 7 days give consent go to the hospital to have a complete medical-forensic
examination done in order to recover evidence.
Forensic-medical exams for victims who have not gone through puberty (approximately 12 years
old or younger) will generally only be able to recover evidence if the sexual assault occurred within
the past 72 hours.
If an officer is unsure about the impact the victim’s age or timing from when the assault occurred to
when it was reported may have on forensic-medical exams ability they are encouraged to contact
HART staff regarding the possibility of evidence collection.
Officers should obtain clothing the victim was wearing during the assault. If the victim is currently
wearing the clothing they were assaulted in they should be asked to remain in those clothes until
they arrive for the forensic-medical exam. If possible, a victim should be advised to bring a change
of clothes to the examination. If the victim is unable to bring clothing a set will be provided to them
at the hospital at no additional cost. Any clothing obtained should be placed in a paper bag.
Officers should advise the victim that bathing or washing prior to a medical-forensic exam is likely
to result in the destruction of critical evidence. A forensic exam can still be performed and may
still result in the recovery of evidence if this has happened.
601.5 INTERVIEWS
The primary officer is responsible for interviewing the victim and completing the initial report of
the incident.
601.5.1 ADULT VICTIMS

The purpose of this interview is to obtain the following information if the victim shares it:
(a) basic elements of the crime;
(b) Identity of any and all witnesses and suspect(s);
(c) Possible evidence;
(d) Crime scene(s);
(e) Existence of any prior victim/suspect relationship.;
(f) The circumstances of the victim/suspect interaction and if there is any indication of the
use of drugs or alcohol to facilitate the sexual assault;
(g) Any behavioral changes that led the situation from one based on consent to one of
submission, coercion, fear or force, if applicable;
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(h) Specific actions, statements, and/or thoughts of both victim and suspect immediately
prior, during and after the assault; and
(i) Relevant communication through social media, email, text messages or any other
forms of communication.
Pertinent information should be given to assisting officers as soon as possible.
When interviewing the victim, the officer should allow the victim to speak freely. The officer should
avoid using leading and suggestive questions. Based on any trauma being experienced by the
victim, length of time from the crime to the report, possible drug/alcohol consumption, and prior
history of abuse experienced by the victim, the officer should be aware that there may be many
factors related to the crime the victim may not be able to recall. Because all victim’s respond
differently the officers should not use the victim’s response or lack of response when reporting
the crime to measure credibility.
If requested the officer should consider the benefits to the victim in allowing a support person to
be present during an initial interview.
Officers should inform the victim that they will be contacted by an investigator from the department
and obtain the preferred method of contact for the victim.
601.5.2 JUVENILE AND VULNERABLE ADULT VICTIMS

Juvenile or vulnerable adult victims displaying low cognitive ability in most cases will not be
interviewed by an officer. Instead, a referral to Cornerhouse for a forensic interview should be
made. If the officer anticipates the victim will be interviewed by Cornerhouse they should obtain an
interview from the reporting party, in a private setting away from the victim and obtain the following
facts, including but not limited to:
a) Who is the offender? What was the offense? And who is the victim?
b) Who did the victim disclose this information to and what did the victim say?
c) What is the contact information for those whom the victim disclosed to?
d) Who else lives in the home of the victim?
e) Is the victim safe from any immediate harm?
Officers should obtain necessary contact information for the victim’s caregiver, guardian or parents
and where the victim may be located at a later time. Officers should also advise the victim
and/or any accompanying adult(s), guardians or caregivers that a detective will follow up with a
Cornerhouse interview, if applicable and advise that if the victim starts to talk about the incident
they should listen to them but not question them as this may influence any future statements.
Department
Exceptions to referring a juvenile or vulnerable adult victim to Cornerhouse for an interview may
include but are not limited to:
(a) Any delays over 10 days in getting a victim interview scheduled;
(b) Likelihood the victim may not be available or willing to cooperate with a Cornerhouse
interview at a later time
(c) Any situation where the suspect is likely to have an impact on the investigation
by influencing victim or witness cooperation or statements and an emergency
Cornerhouse interview cannot be obtained.
In these instances the victim must be 15 years old or older and their cognitive and intelligence
level should be assessed to determine if a thorough interview can be obtained by an investigator.
Any allegations of a sexual assault involving a juvenile should also be cross-reported to Child
Protection.
601.6 VICTIMS OF SEX TRAFFICKING

Officers having contact with victims of sex trafficking may also offer referrals to forensic nursing
staff. Forensic staff will be able to provide additional medical, health and community-based
resources, free of charge to the victim. If a victim accepts a referral officers should arrange for
the victim to be transported to a local hospital, preferably North Memorial-Robbinsdale, North
Memorial-Maple Grove, HCMC or Methodist Hospital-St Louis Park and request the HART Team
member be paged.
These exams may be conducted regardless of the victim’s age or when any allegations of
trafficking have occurred.
601.7 RECORDING OF VICTIM/WITNESS STATEMENTS

Officers conducting all criminal investigations shall, when possible, record victim and witness
statements via their portable digital recording devices.
605.7.1 Use of Mobile Video Recorders During Interviews
When interviews are conducted with a sexual assault victim the officer should consult with the
victim to determine if they would prefer to have their interview recorded on the body worn camera.If
the victim elects not to have their interview recorded the officer(s) may discontinue their body worn
camera recording.
All interviews taking place at Cornerhouse will be recorded by Cornerhouse staff.
Department
601.8 DOMESTIC VIOLENCE RELATIONSHIP

Because there may be a crossover between domestic violence and sexual assault the officer
should attempt to establish a prior domestic relationship if one exists. In these instances officers
should seek to determine if there is past abuse between the victim and suspect.In these types of
sexual assault cases officers should attempt to determine the last time the victim and suspect had
consensual intercourse as this may explain any presence of the suspect’s DNA or other biological
evidence in/on the victim.
If the victim completes a forensic-medical exam and is accompanied by a sexual partner who is not
the suspect officers should attempt to obtain a buccal swab from that individual via consent. This
may be obtained by either the officer or a forensic nurse conducting the exam. The purpose of
this is to identify the source of any DNA that maybe recovered during the forensic-medical exam.
If there is a prior domestic relationship officers should complete the Domestic Lethality form.
601.9 SUSPECT(S)
It is important to allow the suspect(s) an opportunity to provide their own account of the incident.
Upon reliable identification of a suspect(s) officers or investigators shall make an attempt to
contact and interview the suspect(s). Any interview with a suspect(s) shall be recorded.
Forensic-medical exams on suspects should always be executed with a search warrant and in a
controlled setting such as the Brooklyn Center Police Department jail or a hospital. Evidentiary
value of performing a forensic-medical exam on a suspect is on a case by case basis with
consideration to factors such as the proximity from the crime to the arrest, whether or not the
suspect has bathed since the incident and how the sexual assault was committed.
If an officer is unsure about timing on forensic exams they may contact Hennepin County Crime
Lab regarding the possibility of evidence collection.
601.10 CRIME SCENE PRESERVATIONS

Not all sexual assaults will have identifiable scenes containing recoverable evidence. When an
officer is presented with an identifiable crime scene the officer should determine if the evidence
is best recovered by the officer or Hennepin County Crime Lab. Officers and supervisors should
assess the scene to determine if a search warrant is necessary to collect the evidence.
Department
Generally, items such as clothing worn by the victim/suspect, bedsheets, items touched by the
suspect, items left behind by the suspect and drug/alcohol containers that have contents that may
have been ingested by the victim or suspect are valuable items to consider when locating and
collecting evidence at a crime scene. Officers should also consider possible locations of biologic
evidence such as semen, blood, hair, saliva, skin tissue, or other biological material and recognize
that, while not visible, Hennepin County Crime Lab does have specialized equipment that may be
able to identify and recover such evidence.
Officers are encouraged to take their own photos of the crime scene along with photos of any
victim/suspect injuries in addition to any possible Crime Lab photos. This will give investigators a
more immediate understanding of incident as Crime Lab photos may not be immediately available.
601.11 ANONYMOUS AND RESTRICTED SEXUAL ASSAULT EVIDENCE COLLECTION

There may be instances where forensic nurses from HART will submit an anonymous sexual
assault kit to allow DNA and other evidence to be stored at the police department in the event a
victim chooses to report a sexual assault at a later time.
When officers receive these types of anonymous kits they shall inventory the kit and any
associated evidence according to property procedures and complete an informational report with
as much information as possible to include the location recovered and the person submitting the
kit to police.
Forensic nurses will permanently retain identifying victim information. Upon a victim choosing to
make a report the investigating officer may contact the HART Officer in order obtain the victim’s
unique ID number and to obtain a copy of the medical-forensic exam report. Upon receiving written
consent from the victim their sexual assault kit should be submitted for forensic examination as
soon as practicable (Minn. Stat. 611A.27).
601.12 POLYGRAPH EXAMINATION

An officer or investigator shall not require a sexual assault victim to submit to a polygraph
examination as a condition to investigating, charging or prosecuting the offense (Minn. Stat.
611A.26)
Officers and investigators may conduct a polygraph examination of a sexual assault victim only
at the victim’s request and with the victim’s written, informed consent, and only after the victim
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has been referred to and had the opportunity to exercise the option of consulting with a sexual
assault counselor (Minn. Stat. 611A.26)
The officer must inform the victim in writing that (Minn. Stat. 611A.26):
a. The taking of a polygraph is voluntary and solely at the victim’s request.

b. The victim may not be asked or required to submit to a polygraph examination.
c. The results of the examination are not admissible in court.
d. The victim’s refusal to submit to a polygraph examination may not be used as a basis not to
investigate, charge or prosecute the offender.
601.13 VICTIM SUPPORT

Upon the conclusion of their initial contact with the victim, officers shall contact Cornerstone so
the victim may be connected with an advocate.
In the instances where a victim is referred to Cornerhouse, family services will provide additional
victim support when the victim meets with Cornerhouse staff. Officers may also refer juvenile
victims who are not interviewed by Cornerhouse for family services by contacting the main number
at Cornerhouse.
Investigators should provide the victim with their basic contact information once assigned the case
and provide the victim with any case updates as requested and upon the arrest of any suspects.
601.14 REPORTS
Officers shall complete reports on all sexual assault allegations and officers shall not consider the
victim’s willingness to participate in a subsequent prosecution when determining whether or not
to take a report of a sexual assault.
If a victim chooses not to cooperate with the investigation or prosecution of a sexual assault case
they should be informed that they can reinitiate the investigation at a later date provided that they
are within the statute of limitations.
All reports related to a criminal sexual conduct investigation shall be placed in a blue folder and
submitted prior to the end of an officer’s shift.
All criminal sexual conduct reports shall be assigned to an investigator for follow up.
Department
The Commander of Investigations shall ensure that a victim of a sexual assault who reports an
incident to this department is provided with a copy of the written summary of the allegation. If
the incident occurred outside the jurisdiction of the Brooklyn Center Police Department, a copy
of the written summary shall also be provided to the law enforcement agency where the incident
occurred (Minn. Stat 609.3459).
All unrestricted sexual assault kits received by the Brooklyn Center Police Department shall be
submitted for processing within 60 days of their receipt.The department shall not submit restricted
sexual assault kits for laboratory testing until the victim consents to the testing of the kit. (Minn.
Stat. 299C.106).
601.15 ROLE OF THE SUPERVISOR

Supervisors may do the following:
(a) Assist officers investigating incidents of sexual assault when possible or if requested
by an officer.
(b) Provide guidance and direction as needed.
(c) Review sexual assault reports to ensure that necessary steps were taken during the
initial response and investigation.
601.16 CASE REVIEW/CASE SUMMARY

Sexual assault cases shall be reviewed on an annual basis. The review process should include
an analysis of:
(a) Case dispositions;
(b) Decisions to collect evidence;
(c) Submission of evidence for lab testing; and
(d) Interviewing decisions
Department
Asset Forfeiture
This policy describes the authority and procedure for the seizure, forfeiture and liquidation of
property associated with specified designated offenses and controlled substance offenses (Minn.
Stat. § 609.531 to Minn. Stat. § 609.5318).
602.2 POLICY
The Brooklyn Center Police Department recognizes that appropriately applied forfeiture laws are
helpful to enforce the law, deter crime, and reduce the economic incentive of crime. However, the
potential of revenue shall not be allowed to jeopardize the effective investigation and prosecution
of criminal offenses, officer safety, the integrity of ongoing investigations, or the due process rights
of citizens.
It is the policy of the Brooklyn Center Police Department that all employees of the agency,
all employees assigned to another law enforcement agency's task force, and all employees
assigned to a task force from an outside law enforcement agency in which this agency serves as
the fiscal agent, follow all state and federal laws pertaining to forfeiture.
The provisions of this policy do not apply to items seized as evidence of a crime.
602.3 DEFINITIONS
Cash - Money in the form of bills or coins, traveler’s checks, money orders, checks or other forms
of electronic money or stored value cards, including, but not limited to, gift cards, debit cards, gift
cards/certificates or other negotiable financial instruments.
Conveyance device- A device used for transportation. It includes, but is not limited to, a motor
vehicle, trailer, snowmobile, airplane and vessel, and any equipment attached to it. The term
"conveyance device" does not include property, which has been stolen or taken in violation of
the law.
Firearms/ammunition/firearm accessories - A device that projects either single or multiple
projectiles at high velocity. Ammunition is a term meaning the assembly of a projectile and
its propellant. Accessories include, but are not limited to, holsters, gun cases, firearm optics,
suppression devices, cleaning supplies.
Fiscal Agent - The person designated by the Brooklyn Center Police Department to be
responsible for securing and maintaining seized assets and distributing any proceeds as a result of
any forfeiture proceedings. This includes anytime the Brooklyn Center Police Department seizes
property for forfeiture or when the Brooklyn Center Police Department is acting as the fiscal agent
pursuant to a multi-agency agreement.
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Asset Forfeiture
Forfeiture - The process by which legal ownership of an asset is transferred to a government

or other authority.
Forfeiture Reviewer - The Brooklyn Center Police Department employee assigned by the
Brooklyn Center Police Department responsible for reviewing all forfeiture cases and for acting as
the liaison between the Department and the prosecutor’s office.
Jewelry/precious metals/precious stones - The term includes items of jewelry, such as rings,
necklaces and watches that reasonably appear to be made of precious metals or precious stones.
Precious metals include, but are not limited to, gold, silver, platinum, iridium and palladium.
Precious stones, often referred to as gemstones, include, but are not limited to, diamonds,
emeralds and rubies.
Property subject to administrative forfeiture - The following property is presumed to be subject
to administrative forfeiture under Minnesota Law (Minn. Stat. § 609.5314):
(a) All cash, precious metals and precious stones found in proximity to controlled
substances, forfeitable drug manufacturing or distributing equipment or devices, or
forfeitable records of manufacture or the distribution of controlled substances.
(b) All conveyance devices containing controlled substances with a retail value of $100
or more if possession or sale of the controlled substance would be a felony under
Minnesota Statutes, Chapter 152.
(c) All firearms, ammunition and firearm accessories found:
1. In a conveyance device used or intended for use to commit or facilitate the
commission of a felony offense involving a controlled substance.
2. On or in proximity to a person from whom a felony amount of controlled
substance is seized.
3. On the premises where a controlled substance is seized and in proximity to the
controlled substance, if possession or sale of the controlled substance would be
a felony under Minnesota Statutes, Chapter 152.
Seizure - The act of law enforcement officials taking property, including cash and conveyance
devices that have been used in connection with or acquired by illegal activities.
602.4 ASSET SEIZURE

Property may be seized for forfeiture as provided in this policy.
602.4.1 PROPERTY SUBJECT TO SEIZURE

The following property is subject to seizure.
(a) The following property may be seized upon review and approval of a supervisor and
in coordination with the Forfeiture Reviewer:
Department
Asset Forfeiture
1. Controlled substances and associated property as described in Minn. Stat.

§ 609.5311.
2. Property intended for use to commit or facilitate the commission of a designated
offense, as listed in Minn. Stat. § 169A.63, Subd. 6 and limited by Minn. Stat. §
169A.63, Subd. 7, and as listed in Minn. Stat. § 609.531, Subd. 1(f) and limited
by Minn. Stat. § 609.5312.
(b) Property subject to administrative forfeiture may be seized without prior supervisor
approval if the item has a retail value of $50,000 or less (Minn. Stat. § 609.5314).
602.4.2 PROPERTY NOT SUBJECT TO SEIZURE

The following property should not be seized for forfeiture:
(a) Cash and property that does not meet the prosecuting agency's current minimum
forfeiture thresholds should not be seized.
(b) Cash totaling less than $500, unless prerecorded buy funds are included in the cash
seized.
(c) Any property when it is determined that the owner was not privy to the act or omission
upon which the forfeiture is based.
(d) Any property when it is determined the act or omission occurred without the owner's
knowledge or consent (Minn. Stat. 609.5312 Subd. 2(b)).
602.4.3 SEIZURE OF PROPERTY TO BE FORFEITED

An officer may seize property subject to forfeiture based on a court order. An officer may also
seize property without a court order under any of the following conditions (Minn. Stat. § 609.531,
Subd. 4; Minn. Stat. § 169A.63, Subd. 2):
(a) The seizure is incident to a lawful arrest or a lawful search.
(b) The property subject to seizure has been the subject of a prior judgment in favor of
the state in a criminal injunction or forfeiture proceeding.
(c) The officer has probable cause to believe that a delay to obtain a warrant or other
process would result in the removal or destruction of the property and that either of
the following apply:
1. The property was used or is intended to be used in commission of a felony.
2. The property is dangerous to health or safety.
602.5 PROCESSING SEIZED PROPERTY FOR FORFEITURE PROCEEDINGS

When property or cash subject to this policy is seized, the officer making the seizure should ensure
compliance with the following:
(a) If the retail value of the asset to be seized is $50,000 or less, completely and accurately
prepare the Notice of Seizure and Intent to Forfeit Property Form (seizure form) and
present it to the person from whom the property is to be seized for that person’s
Department
Asset Forfeiture
signature. If the person refuses to sign, the officer shall indicate on the seizure form
that the person refused. The seizure form is not used when the value of the seized
property exceeds $50,000.
(b) Prepare and provide a receipt for the items seized to the person from whom the
property is being seized.
1. If cash or property is seized from more than one person, a separate property
inventory receipt must be completed for each person specifying the amount
of cash seized. The receipt shall include a detailed description of all property,
checks, money orders, traveler’s checks or other financial instruments.
(c) Complete and submit a report within 24 hours of the seizure if practicable. The report
must include, at minimum, the following:
1. A description of the items seized
2. The location where the property was turned in or stored
3. The name of the individual who was served with the seizure form
4. The date that the seizure form was served
5. The name of the officer making the seizure
6. Whether the individual signed the seizure form
(d) If property is seized from multiple individuals, or the property to be seized has multiple
owners, a separate seizure form will be completed for each individual or owner. A
copy of the receipt and seizure form must be given to the individual from whom the
property was seized.
(e) When property is seized and no one claims possession of the property, the officer
must leave a receipt in the place where the property was found if it is reasonably
possible to do so.
(f) The officer will book seized property into the Property Room as evidence, with the
notation in the comment section of the property form, "Seized Subject to Forfeiture."
Property seized subject to forfeiture should be booked on a separate property form.
No other evidence from the case should be booked on this form.
(g) Forward the original and the pink copy of the seizure form, and any seized property
processing worksheets, property receipts and reports to the Forfeiture Reviewer within
10 days of seizure.
(h) Inform the Forfeiture Reviewer of the estimated retail value of drugs found in proximity
to the asset seized.
602.5.1 CASH HANDLING

It is the responsibility of the seizing officer to secure and count cash consistent with this policy and
the Cash Handling, Security and Management Policy. All cash shall be counted in the presence
of another officer and the envelope initialed by both officers. A supervisor shall be contacted for
Department
Asset Forfeiture
cash in excess of $1,000. The supervisor shall also witness the count, and will initial and date the
property documentation and specify any additional security procedures to be used.
All forfeitable cash seized will be turned over to the Forfeiture Reviewer or property/evidence room
as soon as practicable.
Prior to deposit with the Forfeiture Reviewer, officers shall examine all cash seized to determine
whether it contains any prerecorded buy funds. Officers shall document the recovery of all buy
funds and deposit those funds with the Forfeiture Reviewer to be returned to the appropriate buy
fund account.
602.5.2 JEWELRY/PRECIOUS METALS/PRECIOUS STONES

Officers seizing jewelry, precious metals and/or precious stones will write a detailed description
of each item on the property inventory receipt. A copy of the property inventory receipt and any
photographs of the jewelry, precious metals and/or precious stones shall be delivered to the
Forfeiture Reviewer.
Officers seizing jewelry, precious metals and/or precious stones shall book those items according
to current property and evidence procedures as soon as practicable.
Any seized jewelry, precious metals and/or precious stones must be reasonably believed to have
a minimum value of $500.
602.5.3 VEHICLES
Any conveyance device seized for forfeiture shall be taken to a secure designated area or to
a Department-approved impound facility as soon as practicable. Vehicles must have a value of
$3,000 or greater, excluding liens or third party interest.
Officers shall inventory the conveyance device and its contents in accordance with the Vehicle
Towing and Release Policy. Officers shall also complete applicable report forms and distribute
them appropriately. A copy of the vehicle storage report shall be included with the seizure
documentation that is submitted to the forfeiture reviewer.
A vehicle shall not be seized related to a controlled substance crime if the only recovered controlled
substance was less than 100 grams of marijuana.
602.5.4 FIREARMS/AMMUNITION/FIREARM ACCESSORIES

When firearms, ammunition, or firearms accessories are seized, they shall be inventoried and
delivered to the Property Room in accordance with the current booking procedures and the
Property Procedures Policy.
The Property Room shall retain stolen or abandoned firearms that have been seized for 90 days,
and make an effort to return them to the lawful owner pursuant to Minn. Stat. § 609.5315 Subd. 7.
Department
Asset Forfeiture
602.6 MAINTAINING SEIZED PROPERTY

The Property Room supervisor is responsible for ensuring compliance with the following:
(a) All property received for forfeiture is reasonably secured and properly stored to prevent
waste and preserve its condition (Minn. Stat. § 609.531 Subd. 5).
(b) All property received for forfeiture is checked to determine if the property has been
stolen.
(c) All property received for forfeiture is retained in the same manner as evidence until
forfeiture is finalized or returned to the claimant or person with an ownership interest.
(d) Property received for forfeiture is not used unless the forfeiture action has been
completed.
602.7 FORFEITURE REVIEWER

The Chief of Police will appoint an officer as the Forfeiture Reviewer. Prior to assuming duties, or
as soon as practicable thereafter, the Forfeiture Reviewer should attend a department-approved
course on asset forfeiture.
The responsibilities of Forfeiture Reviewer include the following:
(a) Confer regularly with the prosecuting attorney’s office to remain familiar with forfeiture
laws, particularly Minn. Stat. § 609.531 through Minn. Stat. § 609.5318, Minn. Stat. §
169A.63, and the forfeiture policies of the prosecuting agency.
(b) Make reasonable efforts to obtain annual training that includes best practices in
pursuing, seizing and tracking forfeitures.
(c) Ensure responsibilities, including designation of a Fiscal Agent, are clearly established
whenever multiple agencies are cooperating in a forfeiture case.
(d) Ensure that a seizure form, property inventory receipt and a forfeited property
processing worksheet is available and appropriate for department use. The seizure
form will minimally include the following (Minn. Stat. § 609.5314):
1. Space for an itemized list of items seized
2. The location and date of the seizure
3. A place for the name of the individual served with the seizure form
4. The date and signature of the officer conducting the seizure
5. The agency case number
6. A space for the signature of the person from whom property is seized or an
appropriate space or check box for the officer to indicate that the person refused
to sign
7. At least an original and the pink copy
8. Information in English, Hmong, Somali and Spanish explaining the right to obtain
judicial review and the procedure provided by Minn. Stat. § 609.5314.
Department
Asset Forfeiture
(e) Ensure that officers who may be involved in asset forfeiture receive training in the
proper use of the seizure form and the forfeiture process. The training should be
developed in consultation with the prosecuting attorney and may be accomplished
through traditional classroom education, electronic media, Daily Training Bulletins or
department directives. The training should be based on this policy and address any
relevant statutory changes and court decisions.
(f) Review each asset forfeiture case to ensure the following:
1. Written documentation of the seizure and items seized is present in the case file.
2. Independent prosecutorial review of the circumstances and propriety of the
seizure is made in a timely manner.
3. A timely notice of seizure has been given to interest holders of seized property.
4. Property is promptly released to those entitled to its return.
(g) Forward all changes to forfeiture status to any supervisor who initiates a forfeiture
case.
(h) Deposit any cash received with the Fiscal Agent.
(i) Ensure the current minimum forfeiture thresholds are communicated appropriately to
officers.
(j) Annually review and update this policy and any related policies to reflect current federal
and state statutes and case law.
(k) Prepare a written plan for the Chief of Police to address any extended absence of
the Forfeiture Reviewer to ensure that contact information for other law enforcement
officers and attorneys who may assist in these matters is available.
(l) Ensure the Department disposes of property as provided by law following any forfeiture
(Minn. Stat. § 609.5315).
(m) Ensure that any forfeited property used in an undercover capacity, or that is sold or
added to the department inventory is done so according to Minnesota law.
(n) Ensure that all forfeited property is used or disposed of in a manner consistent with
the use and disposition of similar property by this department.
(o) Upon completion of any forfeiture process, ensure that no property is retained by the
Brooklyn Center Police Department unless the Brooklyn Center Police Department
authorizes in writing the retention of the property for official use.
(p) Ensure that forfeiture proceeds are maintained in a separate fund or account subject
to appropriate accounting control with regular reviews or audits of all deposits and
expenditures (Minn. Stat. § 609.5315).
(q) Ensure that records of forfeiture are retained for a minimum of six years.
(r) Ensure monthly forfeiture reporting is made to the state auditor in the manner
prescribed by the auditor (Minn. Stat. § 609.5315, Subd. 6).
Department
Asset Forfeiture
602.8 DISPOSITION OF FORFEITED PROPERTY

Legal disposition may include (Minn. Stat. § 609.5315; Minn. Stat. § 169A.63, Subd. 10):
(a) Retention by the Department and/or prosecuting agency.
1. If a forfeited motor vehicle is kept for Department use, the Department will make
a reasonable effort to ensure the vehicle is available for use and adaptation by
officers who participate in the Department's Drug Abuse Resistance Education
program (Minn. Stat. §609.5315).
(b) Destruction.
(c) Sale performed in a commercially reasonable manner.
(d) Other disposition pursuant to applicable provisions of Minnesota Statutes.
No member of this department may use property that has been seized for forfeiture until the
forfeiture action has been completed and the Brooklyn Center Police Department has given written
authorization to retain the property for official use.
Members of this department or persons related to members of this department by blood or
marriage are prohibited from purchasing forfeited items sold by this department (Minn. Stat. §
609.5315, Subd. 1(c)).
Department
Confidential Informants
In many instances a successful investigation cannot be conducted without the use of confidential
informants. To protect the integrity of the Brooklyn Center Police Department and the officers using
informants, it shall be the policy of this department to take appropriate precautions by developing
sound informant policies.
603.1.1 DEFINITIONS
Informant - A person who covertly interacts with other individuals or suspects at the direction
of, request of, or by agreement with the Brooklyn Center Police Department for law enforcement
purposes. This also includes a person agreeing to supply information to the Brooklyn Center Police
Department for a benefit (e.g., a quid pro quo in the form of a reduced criminal penalty, money).
603.2 INFORMANT FILE SYSTEM

The Investigative Division supervisor or designee shall be responsible for maintaining informant
files. A separate file shall be maintained on each confidential informant.
603.2.1 FILE SYSTEM PROCEDURE

Each file shall be coded with an assigned informant control number. An informant history shall be
prepared to correspond to each informant file, and shall include the following information:
(a) Informant's name and aliases
(b) Date of birth
(c) Physical description: height, weight, hair color, eye color, race, sex, scars, tattoos, or
other distinguishing features
(d) Current home address and telephone numbers
(e) Current employer, position, address, and telephone numbers
(f) Vehicles owned and registration information
(g) Probation or parole status
(h) Informant's photograph
(i) Evidence that a criminal history check has been made
(j) Briefs of information provided by the informant and his/her subsequent reliability. If an
informant is determined to be unreliable, the informant's file will be marked as such
(k) Name of officer initiating use of the informant
(l) Signed informant agreement
(m) Annual status review and update on active or inactive status of informant
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Department
The informant files shall be maintained in a secure area within the Task Force office or Investigative
Division. These files shall be used to provide a source of background information about the
informant, enable review and evaluation of information given by the informant, and minimize
incidents that could be used to question the integrity of members of the Brooklyn Center Police
Department or the reliability of the confidential informant.
Access to the informant files shall be restricted to the Chief of Police, a division commander,
the Task Force officer's supervisor, investigator, or their authorized designees. Access
to the informant files shall be through the Task Force officer's supervisor. The Task
Force officer's supervisor or division commander shall be responsible for maintaining a written log
to record the identity of any authorized individual accessing an informant file, as well as the date,
time, and reason any file is accessed.
603.3 USE OF INFORMANTS

Before using an individual as a confidential informant, an officer must receive approval from their
supervisor. The officer shall compile sufficient information through a background investigation to
determine the reliability, credibility, and suitability of the individual, including age, mental capacity,
and risk of physical harm.
603.3.1 JUVENILE INFORMANTS

For purposes of this policy, a "juvenile informant" means any juvenile who participates, on behalf
of this department, in a prearranged transaction with direct contact with a suspected violator.
A cooperating juvenile who assists this department in enforcement activities involving alcohol or
tobacco retail sales to minors is not considered an informant for purposes of this policy.
The use of juveniles 12 years old and younger as informants is prohibited. Juveniles who are 13
to 17 years old may only be used as informants with the written consent of each of the following:
(a) The juvenile's parents or legal guardians
(b) The juvenile's attorney, if any
(c) The court in which the juvenile's case is being handled, if applicable
(d) The Chief of Police, or the authorized designee
603.4 GUIDELINES FOR HANDLING CONFIDENTIAL INFORMANTS

All confidential informants are required to sign and abide by the provisions of the Department
Informant Agreement. The officer using the confidential informant shall discuss each of the
provisions of the agreement with the confidential informant.
Details of the agreement are to be approved in writing by the unit supervisor before being finalized
with the confidential informant.
603.4.1 RELATIONSHIPS WITH CONFIDENTIAL INFORMANTS

No member of the Brooklyn Center Police Department shall knowingly maintain a social or non-
authorized business relationship, or otherwise become intimately involved with a confidential
Department
informant. Members of the Brooklyn Center Police Department shall neither solicit, nor accept
gratuities, nor engage in any private business transaction with a confidential informant.
To maintain officer/informant integrity, officers must adhere to the following:
(a) Officers shall not withhold the identity of an informant from the Chief of Police,
a division commander, the Task Force officer's supervisor, or their authorized
designees.
(b) Identities of informants shall otherwise be kept confidential.
(c) Criminal activity by informants shall not be condoned.
(d) Informants shall be told they are not acting as police officers, employees, or agents of
the Brooklyn Center Police Department, and that they shall not represent themselves
as such.
(e) The relationship between officers and informants shall always be ethical and
professional.
(f) Social contact shall be avoided unless it is necessary to conduct an official
investigation, and only with prior approval of the Task Force officer's supervisor
or division commander.
(g) Officers shall not meet with informants in a private place unless accompanied by at
least one additional officer, or with prior approval of the Task Force officer's supervisor
or division commander. Officers may meet informants alone in an occupied public
place such as a restaurant. When contacting informants or any individual for the
purpose of making payments, officers shall arrange for the presence of another officer
whenever reasonably possible.
(h) In all instances when Department funds are paid to informants, a voucher shall be
completed in advance, itemizing the expenses and purpose.
603.5 NARCOTICS INFORMANT PAYMENT PROCEDURES

The potential payment of large sums of money to any confidential informant must be done in a
manner respecting public opinion and scrutiny. Additionally, to maintain a good accounting of such
funds requires a strict procedure for disbursements.
603.5.1 PAYMENT PROCEDURE

The amount of funds to be paid to any confidential informant will be evaluated against the following
criteria:
• The extent of the informant's personal involvement in the case.
• The significance, value, or effect on crime.
• The amount of assets seized.
• The quantity of the drugs seized.
Department
• Seized firearms.
• The informant's previous criminal activity.
• The level of risk taken by the informant.
• Other factors that may motivate the informant.
The Task Force officer's supervisor or division commander will discuss the above factors with the
investigator, and will arrive at a recommended level of payment that will be subject to the approval
of the Chief of Police or designee.
603.5.2 CASH DISBURSEMENT POLICY

The following establishes a cash disbursement policy for confidential informants. No informant will
be told in advance or given an exact amount for services rendered.
(a) When both assets and drugs have been seized, the confidential informant shall receive
payment based upon overall value and the purchase price of the drugs seized, not to
exceed a maximum of $150,000.
(b) A confidential informant may receive a cash amount for each quantity of drugs seized
regardless of whether assets are also seized, not to exceed a maximum of $30,000.
(c) A confidential informant may receive a cash amount for firearms seized.
The Task Force officer's supervisor, division commander, or the authorized designee
shall be responsible for compliance with any audit requirements associated with grant
provisions, as well as applicable state and federal law.
603.5.3 PAYMENT PROCESS

A check shall be requested, payable to the case agent. The case number shall be recorded
justifying the payment. The signatures of the Chief of Police or designee and the City Manager or
designee are required for disbursements over $600. The disbursement of money shall be handled
in accordance with established State, City Policies, Ordinances and protocols. Payments of $600
and under may be paid in cash out of the Drug Task Force Officer Buy/Expense Petty Cash Fund.
The Drug Task Force Officer Supervisor will be required to sign the voucher for amounts under
$600.
The Task Force Officer Buy/Expense Petty Cash Fund is a petty cash fund managed by the Task
Force Officer Supervisor in compliance with the Cash Handling, Security and Management Policy.
These funds shall be maintained in a locked cash box secured.
To complete the transaction with the confidential informant the case agent shall have the
confidential informant initial the cash transfer form. The confidential informant will sign the form
indicating the amount received, the date and that the confidential informant is receiving funds in
payment for information voluntarily rendered in the case. The Brooklyn Center Police Department
case number or Task Force case number shall be recorded on the cash transfer form. A copy of
the form will be kept in the confidential informant's file.
Department
If the payment amount exceeds $600.00, a complete written statement of the confidential
informant's involvement in the case shall be placed in the confidential informant's file. This
statement shall be signed by the confidential informant verifying the statement as a true summary
of his/her actions in the case(s).
603.5.4 REPORTING OF PAYMENTS

Each confidential informant receiving a cash payment shall be informed of his/her responsibility
to report the cash to the Internal Revenue Service (IRS) as income.
If funds distributed exceed $600 in any reporting year, the confidential informant should be
provided an IRS 1099 Form (26 CFR § 1.6041-1), unless such documentation or reporting may
reveal the identity of the confidential informant and by doing so jeopardizes any investigation, the
safety of peace officers, or the safety of the confidential informant (26 CFR § 1.6041-3).
In such cases, the confidential informant shall be provided a letter identifying the amount he/
she must report on tax returns as “other income,” and shall be required to provide a signed
acknowledgement of receipt of the letter. The completed acknowledgement form and a copy of
the letter shall be retained in the confidential informant's file.
603.5.5 AUDIT OF PAYMENTS

At least once every six months the Chief of Police or designee shall conduct a thorough audit of all
informant funds for accountability and security of the funds. The funds petty cash records, transfer
forms, invoices, receipts, and logs will assist with the audit process.
Department
Eyewitness Identification
This policy sets forth guidelines to be used when members of this department employ eyewitness
identification techniques.
604.1.1 DEFINITIONS
Definitions related to the policy include:
Eyewitness identification process - Any field identification, live lineup or photographic
identification.
Field identification - A live presentation of a single individual to a witness following the
commission of a criminal offense for the purpose of identifying or eliminating the person as the
suspect.
Live lineup - A live presentation of individuals to a witness for the purpose of identifying or
eliminating an individual as the suspect.
Photographic lineup - Presentation of photographs to a witness for the purpose of identifying or
eliminating an individual as the suspect.
604.2 POLICY
The Brooklyn Center Police Department will strive to use eyewitness identification techniques,
when appropriate, to enhance the investigative process and will emphasize identifying persons
responsible for crime and exonerating the innocent.
604.3 INTERPRETIVE SERVICES

Members should make a reasonable effort to arrange for an interpreter before proceeding with
eyewitness identification if communication with a witness is impeded due to language or hearing
barriers.
Before the interpreter is permitted to discuss any matter with the witness, the investigating officer
should explain the identification process to the interpreter. Once it is determined that the interpreter
comprehends the process and can explain it to the witness, the eyewitness identification may
proceed as provided for within this policy.
604.4 EYEWITNESS IDENTIFICATION PROCESS AND FORM

The Investigations Division supervisor shall be responsible for the development and maintenance
of an eyewitness identification process for use by members when they are conducting eyewitness
identifications.
The process should include appropriate forms or reports that provide:
(a) The date, time and location of the eyewitness identification procedure.
(b) The name and identifying information of the witness.
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Department
(c) The name of the person administering the identification procedure.

(d) If applicable, the names of all of the individuals present during the identification
procedure.
(e) An instruction to the witness that it is as important to exclude innocent persons as it
is to identify a perpetrator.
(f) An instruction to the witness that the perpetrator may or may not be among those
presented and that the witness is not obligated to make an identification.
(g) If the identification process is a photographic or live lineup, an instruction to the witness
that the perpetrator may not appear exactly as he/she did on the date of the incident.
(h) An instruction to the witness that the investigation will continue regardless of whether
an identification is made by the witness.
(i) A signature line where the witness acknowledges that he/she understands the
identification procedures and instructions.
The process and related forms should be reviewed at least annually and modified when necessary.
604.5 EYEWITNESS IDENTIFICATION

Officers are cautioned not to, in any way, influence a witness as to whether any subject or photo
presented in a lineup is connected to the case in any way. Officers should avoid mentioning that:
• The individual was apprehended near the crime scene.
• The evidence points to the individual as the suspect.
• Other witnesses have identified, or failed to identify, the individual as the suspect.
In order to avoid undue influence, witnesses should view suspects or a lineup individually and
outside the presence of other witnesses. Witnesses should be instructed to avoid discussing
details of the incident or of the identification process with other witnesses.
Each witness should be admonished that he/she is not required to make an identification of any
person shown during an eyewitness identification process.
Whenever feasible, the eyewitness identification procedure should be audio and/or video
recorded, and the recording should be retained according to current evidence procedures.
604.5.1 PHOTOGRAPHIC AND LIVE LINEUP CONSIDERATIONS

When practicable, the person presenting the lineup should not be directly involved in the
investigation of the case. When this is not possible, the member presenting the lineup must take
the utmost care not to communicate the identity of the suspect in any way.
When practicable, the employee presenting a lineup to a witness should not know which
photograph or person is the suspect.
Department
Other persons or photos used in any lineup should bear similar characteristics to the suspect to
avoid causing him/her to unreasonably stand out. In cases involving multiple suspects, a separate
lineup should be conducted for each suspect. The suspects should be placed in a different order
within each lineup.
The employee presenting the lineup to a witness should do so sequentially and not simultaneously
(i.e., show the witness one person at a time). The witness should view all persons in the lineup.
The order of the suspect or the photos and the fillers should be randomized before being presented
to each witness.
A live lineup should only be used before criminal proceedings have been initiated against the
suspect. If there is any question as to whether any criminal proceedings have begun, the
investigating officer should contact the appropriate prosecuting attorney before proceeding.
604.5.2 FIELD IDENTIFICATION CONSIDERATIONS

Field identifications, also known as field elimination show-ups or one-on-one identifications, may
be helpful in certain cases, where exigent circumstances make it impracticable to conduct a photo
or live lineup identifications. A field elimination or show-up identification should not be used when
independent probable cause exists to arrest a suspect. In such cases a live or photo lineup is the
preferred course of action if eyewitness identification is contemplated.
When initiating a field identification, the officer should observe the following guidelines:
(a) Obtain a complete description of the suspect from the witness.
(b) Assess whether a witness should be included in a field identification process by
considering:
1. The length of time the witness observed the suspect.
2. The distance between the witness and the suspect.
3. Whether the witness could view the suspect’s face.
4. The quality of the lighting when the suspect was observed by the witness.
5. Whether there were distracting noises or activity during the observation.
6. Any other circumstances affecting the witness’s opportunity to observe the
suspect.
7. The length of time that has elapsed since the witness observed the suspect.
(c) If safe and practicable, the person who is the subject of the show-up should not be
handcuffed or in a patrol vehicle.
(d) When feasible, officers should bring the witness to the location of the suspect, rather
than bring the suspect to the witness.
(e) A person should not be shown to the same witness more than once.
Department
(f) In cases involving multiple suspects, witnesses should only be permitted to view the
suspects one at a time.
(g) A person in a field identification should not be required to put on clothing worn by the
suspect, to speak words uttered by the suspect or to perform other actions mimicking
those of the suspect.
(h) If a witness positively identifies an individual as the perpetrator, officers should not
conduct any further field identifications with other witnesses for that suspect. In
such instances officers should document the contact information for any additional
witnesses for follow up, if necessary.
604.6 DOCUMENTATION
A thorough description of the eyewitness process and the results of any eyewitness identification
should be documented in the case report.
If a photographic lineup is utilized, a copy of the photographic lineup presented to the witness
should be included in the case report. In addition, the order in which the photographs were
presented to the witness should be documented in the case report.
Department
Brady Material Disclosure

This policy establishes guidelines for identifying and releasing potentially exculpatory or
impeachment information (so-called “Brady information”) to a prosecuting attorney.
605.1.1 DEFINITIONS
Brady information -Information known or possessed by the Brooklyn Center Police Department
that is both favorable and material to the current prosecution or defense of a criminal defendant.
605.2 POLICY
The Brooklyn Center Police Department will conduct fair and impartial criminal investigations,
and will provide the prosecution with both incriminating and exculpatory evidence, as well as
information that may adversely affect the credibility of a witness. In addition to reporting all
evidence of guilt, the Brooklyn Center Police Department will assist the prosecution by complying
with its obligation to disclose information that is both favorable and material to the defense. The
Department will identify and disclose to the prosecution potentially exculpatory information as
provided in this policy.
605.3 DISCLOSURE OF INVESTIGATIVE INFORMATION

Officers must include in their investigative reports adequate investigative information, reference
to all material evidence, and facts that are reasonably believed to be either incriminating or
exculpatory to any individual in the case. If an officer learns of potentially incriminating or
exculpatory information any time after submission of a case, the officer or the handling investigator
must prepare and submit a supplemental report documenting such information as soon as
practicable. Supplemental reports shall be promptly processed and transmitted to the prosecutor's
office.
If information is believed to be privileged or confidential (e.g., confidential informant or protected
personnel files), the officer should discuss the matter with a supervisor or prosecutor to determine
the appropriate manner in which to proceed.
Evidence or facts are considered material if there is a reasonable probability that they would affect
the outcome of a criminal proceeding or trial. Determining whether evidence or facts are material
often requires legal or even judicial review. If an officer is unsure whether evidence or facts are
material, the officer should address the issue with a supervisor.
Supervisors who are uncertain about whether evidence or facts are material should address the
issue in a written memo to an appropriate prosecutor. A copy of the memo should be retained in
the Department case file.
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Department
Brady Material Disclosure
605.4 DISCLOSURE OF PERSONNEL INFORMATION

If a member of this department is a material witness in a criminal case, a person or persons
designated by the Chief of Police shall examine the personnel file and internal affairs file of the
officer to determine whether they contain Brady information. If Brady information is located, the
following procedure shall apply:
(a) In the event that a motion has not already been filed by the criminal defendant or
other party, the prosecuting attorney and Department member shall be notified of the
potential presence of Brady material in the member's personnel file.
(b) If the data is classified as public data, a copy of it shall be provided to the prosecuting
attorney. In the case of non-public data, the prosecuting attorney should then be
requested to file a motion in order to initiate an in camera review by the court.
1. If no motion is filed, the supervisor should work with counsel to determine
whether the records should be disclosed to the prosecutor.
(c) The custodian of records shall accompany all relevant personnel files during any
in camera inspection to address any issues or questions raised by the court.
(d) If the court determines that there is relevant Brady material contained in the files, only
that data ordered released will be copied and released to the parties filing the motion.
1. Prior to the release of any materials pursuant to this process, the custodian
of records should request a protective order from the court limiting the use and
further dissemination of such materials to the involved case and requiring the
return of all copies upon completion of the case.
(e) If a court has determined that relevant Brady information is contained in the member's
file in any case, the prosecutor should be notified of that fact in all future cases involving
that member.
The person or persons designated by the Chief of Police should periodically examine the
personnel files and internal affairs files of all officers who may be material witnesses in criminal
cases to determine whether they contain Brady information. The obligation to provide Brady
information is ongoing. If any new Brady information is identified, the prosecuting attorney should
be notified.
605.5 INVESTIGATING BRADY ISSUES

If the Department receives information from any source that a member may have issues of
credibility, dishonesty, or has been engaged in an act of moral turpitude or criminal conduct, the
information shall be investigated and processed in accordance with the Personnel Complaints
Policy.
605.6 TRAINING
Department personnel should receive periodic training on the requirements of this policy.
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Department
Scrap Metal Theft Investigation

This policy provides guidance regarding scrap metal theft investigations.
606.1.1 DEFINITIONS
Scrap vehicle operator or operator - A person described in Minn. Stat. § 168A.1501 who
engages in a transaction involving the purchase or acquisition of a scrap vehicle.
Scrap metal dealer or dealer - A person engaged in the business of buying or selling scrap metal,
or both, as defined in Minn. Stat. § 325E.21.
606.2 POLICY
The Brooklyn Center Police Department recognizes the difficulty in preventing scrap metal theft
and may investigate, place holds on or confiscate items as provided in this policy.
606.3 INSPECTIONS
An officer engaged in scrap metal theft investigations may (Minn. Stat. § 168A.1501; Minn. Stat.
§ 325E.21):
(a) Conduct inspections of any purchase and acquisition records maintained by scrap
vehicle operators or scrap metal dealers.
(b) Inspect scrap vehicle or scrap metal received by an operator or dealer at any
reasonable time.
(c) Inspect any video or still camera and any recordings or images required to be
maintained by an operator or dealer.
Any refusal to allow such inspections should be referred to the City attorney for criminal
prosecution.
606.4 INVESTIGATIVE HOLDS

An officer who has probable cause to believe that a scrap vehicle or motor vehicle parts in the
possession of a scrap vehicle operator, or that scrap metal in the possession of a scrap metal
dealer, is stolen or is evidence of a crime may verbally order the operator or dealer not to process,
sell, remove or allow the removal of the item for 30 days (Minn. Stat. § 168A.1501; Minn. Stat.
§ 325E.21).
The officer issuing the order is responsible for ensuring that the order to hold the item is confirmed
in writing within 72 hours. If the item is identified as evidence in an active criminal case, the officer
may extend the hold in writing. This extension must occur within 30 days of the original order and
may remain in effect for as long as the investigation or prosecution is active.
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Scrap Metal Theft Investigation
606.5 SEIZING ITEMS

If the item is evidence or otherwise needed for an investigation or prosecution, the officer may
issue a written notice to confiscate any time during the investigative hold. The officer shall take
custody of the item within 15 days of the notice to confiscate (Minn. Stat. § 168A.1501; Minn.
Stat. § 325E.21).
When an item is confiscated, the officer shall:
(a) Provide the operator or dealer a property receipt that includes at least the following:
1. The name and telephone number of the Department.
2. The name and telephone number of the officer.
3. The case number related to the confiscation.
(b) Deliver the item to the Property Room.
When a confiscated item is no longer needed for an investigation or prosecution, it may be returned
to a registered owner only after giving the operator or dealer from whom the item was seized
written notice of intent to do so. The written notice should include notice of the right of the operator
or dealer to make a written request for return of the item and that if the Department does not return
the item within 48 hours of the request, excluding Saturday, Sunday or legal holidays, the operator
or dealer may file a petition for the return of the item in the district court in the district in which the
property was seized (Minn. Stat. § 626.04).
606.6 TERMINATION OF HOLD OR NOTICE TO CONFISCATE

At the conclusion of any investigation and prosecution, the officer who issued the investigative hold
or a notice to confiscate property not yet confiscated shall notify the operator or dealer in writing
that the hold or notice is no longer in effect (Minn. Stat. § 168A.1501; Minn. Stat. § 325E.21).
606.7 AUTOMATED PROPERTY SYSTEM

The Support Services Manager is responsible for ensuring that the Department complies with
the implementation and use of the Automated Property System (APS) (Minn. Stat. § 168A.1501;
Minn. Stat. § 325E.21).
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Department
Chapter 7 - Equipment
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Department
Department-Owned and Personal Property

Department employees are expected to properly care for Department property assigned or
entrusted to them. Employees may also suffer occasional loss or damage to personal or
department property while performing their assigned duties. Certain procedures are required
depending on the loss and ownership of the item.
700.2 DOCUMENTATION OF ISSUED PROPERTY

All property issued shall be documented in the appropriate property sheet or equipment log and
receipt acknowledged by signature. Upon an employee's separation from the Department, all
issued equipment shall be returned and documentation of the return signed by a supervisor.
700.2.1 CARE OF DEPARTMENT PROPERTY

Employees shall be responsible for the safekeeping, serviceable condition, proper care, use, and
replacement of Department property assigned or entrusted to them. An employee's intentional or
negligent abuse or misuse of Department property may lead to discipline, including, but not limited
to, the cost of repair or replacement.
(a) Employees shall promptly report through the chain of command any loss, damage to,
or unserviceable condition of any Department-issued property or equipment assigned
for their use.
1. A supervisor receiving such a report shall make an appropriate investigation as
to the nature of the event.
2. A review by appointed staff to determine whether misconduct or negligence was
involved should be completed.
(b) The use of damaged or unserviceable Department property should be discontinued
as soon as practicable and, if appropriate and approved by appointed staff, replaced
with comparable Department property as soon as available and following notice to
a supervisor.
(c) Except when otherwise directed by competent authority or required by exigent
circumstances, Department property shall only be used by those to whom it was
assigned. Use should be limited to official purposes and in the capacity for which it
was designed.
(d) Department property shall not be thrown away, sold, traded, donated, destroyed, or
otherwise disposed of without proper authority.
(e) In the event that any Department property becomes damaged or unserviceable, no
employee shall attempt to repair the property without prior approval of a supervisor.
700.3 USE OF PERSONAL PROPERTY

The carrying of personal equipment on-duty or its use in the performance of duties requires prior
written approval by the Chief of Police or appropriate Division Commander. The employee should
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submit for approval the description of personal property the employee has requested to carry,
the reason for its use and the term of its use. Personal property of the type routinely carried by
persons not performing law enforcement duties nor comprising a weapon are excluded from this
requirement. The Chief of Police or appropriate Division Commander should review the request
and approved or deny the request as appropriate.
700.3.1 DEFINITIONS
Personal Property - Items or equipment owned by, provided by or purchased totally at the
expense of the employee. This definition includes optional equipment items identified in the
Uniform Regulations Policy.
700.3.2 FILING CLAIMS FOR PERSONAL PROPERTY

Claims for reimbursement for damage or loss of personal property must be made on the proper
form. This form is submitted to the employee’s immediate supervisor. The supervisor may require
a separate written report of the loss or damage.
The supervisor receiving such a report shall make an appropriate investigation and direct a memo
to the appropriate Division Commander that shall include the result of his/her investigation and
whether reasonable care was taken to prevent the loss, damage or unserviceable condition.
Upon review by staff and a finding that no misconduct or negligence was involved, repair or
replacement may be recommended by the Chief of Police, who will then forward the claim to the
Finance Department.
The Department will not replace or repair costly items (e.g., jewelry, exotic equipment) that are
not reasonably required as a part of work.
700.3.3 REPORTING REQUIREMENT

A verbal report shall be made to the employee’s immediate supervisor as soon as circumstances
permit.
A written report shall be submitted before the employee goes off-duty or within the time frame
directed by the supervisor to whom the verbal report is made.
700.4 LOSS OR DAMAGE OF PROPERTY OF ANOTHER

Officers and other employees intentionally or unintentionally may cause damage to the real or
personal property of another while performing their duties. Any employee who damages or causes
to be damaged any real or personal property of another while performing any law enforcement
function shall report it as provided below.
(a) A verbal report shall be made to the employee's immediate supervisor as reasonably
soon as circumstances permit.
(b) A written report shall be submitted before the employee goes off-duty or within the
time frame directed by the supervisor to whom the verbal report was made.
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420
700.4.1 DAMAGE BY PERSON OF ANOTHER AGENCY

If employees of another jurisdiction cause damage to personal property or property belonging
to the City, it shall be the responsibility of the employee present or the employee responsible
for the property to make a verbal report to his/her immediate supervisor as reasonably soon as
circumstances permit. The employee shall submit a written report before going off-duty or as
otherwise directed by the supervisor.
These written reports, accompanied by the supervisor's written report, shall promptly be forwarded
to the appropriate Division Commander.
Department
421
Personal Communication Devices

The purpose of this policy is to establish guidelines for the use of mobile telephones and
communication devices whether issued by the Department or personally owned, while on-duty or
when used for authorized work-related purposes.
This policy generically refers to all such devices as Personal Communication Devices (PCD) but
is intended to include all mobile telephones, personal digital assistants (PDA) and similar wireless
two-way communications and/or portable Internet access devices. PCD use includes, but is not
limited to, placing and receiving calls, text messaging, blogging and microblogging, e-mailing,
using video or camera features, playing games and accessing sites or services on the Internet.
701.2 POLICY
The Brooklyn Center Police Department allows employees to utilize department-issued PCDs
and to possess personally owned PCDs in the workplace subject to certain limitations. Any PCD
used while on-duty, or used off-duty in any manner reasonably related to the business of the
Department, will be subject to monitoring and inspection consistent with the standards set forth
in this policy.
The inappropriate use of a PCD while on-duty may impair officer safety. Additionally employees
are advised and cautioned that the use of a personally owned PCD either on-duty or after duty
hours for business-related purposes may subject the employee and the employee’s PCD records
to civil or criminal discovery or disclosure under applicable data practices laws and rules of civil
or criminal procedures.
Employees who have questions regarding the application of this policy or the guidelines contained
herein are encouraged to seek clarification from supervisory personnel.
701.3 PRIVACY POLICY

Employees shall have no expectation of privacy with regard to any communication made with or
stored in or through PCDs issued by the Department and shall have no expectation of privacy
in their location should the device be equipped with location detection capabilities. The use
of any department-provided or -funded PCD, computer, Internet service, telephone service or
other wireless service while on-duty is without any expectation of privacy that the employee
might otherwise have in any communication, including the content of any such communication.
Communications or data reception on personal, password-protected, web-based e-mail accounts
and any other services are subject to monitoring if department equipment is used.
In accordance with this policy supervisors are authorized to conduct a limited administrative
search of electronic files without prior notice, consent or a search warrant, on department-
issued or personally owned PCDs that have been used to conduct department-related business.
Administrative searches can take place for work-related purposes that may be unrelated to
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investigations of employee misconduct and, as reasonably practicable, will be done in the

presence of the affected employee. Prior to conducting any search of personally owned devices,
supervisors shall consult with the Chief of Police or designee. All such searches shall be fully
documented in a written report.
701.4 DEPARTMENT-ISSUED PCD

Depending on an employee's assignment and the needs of the position, the Department may at
its discretion issue a PCD. Department-issued PCDs are provided as a convenience to facilitate
on-duty performance only. Such devices and the associated telephone number shall remain the
sole property of the Department, and shall be subject to inspection or monitoring (including all
related records and content) at any time without notice and without cause.
701.5 PERSONALLY-OWNED PCD

Employees may carry a personally-owned PCD while on duty, subject to the following conditions
and limitations:
(a) Carrying a personally-owned PCD is a privilege, not a right.
(b) The Department accepts no responsibility or liability for loss of or damage to a
personally-owned PCD.
(c) Employees shall promptly notify the Department in the event the PCD is lost or stolen.
(d) The PCD and any associated services shall be purchased, used, and maintained
solely at the employee's expense.
(e) The device should not be used for work-related purposes except in exigent
circumstances, (e.g. unavailability of radio communications). Employees have a
reduced expectation of privacy when using a personally-owned PCD in the workplace,
and have no expectation of privacy with regard to any Department business-related
communication.
(f) The device shall not be utilized to record or disclose any business-related data,
including photographs, video, or the recording or transmittal of any data or material
obtained or made accessible as a result of employment with the Department, without
the express authorization of the Chief of Police or the authorized designee.
701.5.1 PUBLIC RECORDS

Work related information including data created, received, recorded or stored on a personally
owned PCD in the course of department duties is considered government data subject to the
requirements of the Minnesota Government Data Practices Act and discovery obligations (Minn.
Stat. § 13.01 et seq.).
Department
701.6 USE OF PERSONAL COMMUNICATION DEVICES

The following protocols shall apply to all PCDs that are carried while on-duty or used to conduct
department business:
(a) A PCD shall not be carried in a manner that allows it to be visible while in uniform
unless it is in a carrier approved by the department.
(b) All PCDs in the workplace shall be set to silent or vibrate mode.
(c) A PCD may not be used to conduct personal business while on-duty except for brief
personal communications (e.g., informing family of extended hours). Employees shall
endeavor to limit their use of PCDs to authorized break times unless an emergency
exists.
(d) Employees may use a PCD to communicate with other personnel in situations where
the use of the radio is either impracticable or not feasible. PCDs should not be used
as a substitute for or as a way to avoid or in lieu of regular radio communications.
(e) Officers are prohibited from taking pictures, video or making audio recordings or
making copies of any such picture or recording media unless it is directly related to
official department business. Disclosure of any such information to any third party
through any means without the express authorization of the Chief of Police or the
authorized designee or contrary to data practices policies and procedures may result
in discipline.
(f) Employees will not access social networking sites while on-duty for any purpose that
is not official department business.
(g) Using PCDs to harass, threaten, coerce or otherwise engage in inappropriate conduct
with any third party is prohibited. Any employee having knowledge of such conduct
shall promptly notify a supervisor.
701.7 SUPERVISORY RESPONSIBILITIES

Supervisors should ensure that members under their command are provided appropriate training
on the use of PCDs consistent with this policy. Supervisors should monitor, to the extent
reasonably practicable, PCD use in the workplace and take prompt corrective action if an
employee is observed or reported to be improperly using a PCD. An investigation into improper
conduct should be promptly initiated when circumstances warrant.
If, when carrying out any provision of this policy, the need to contact an employee who is off-
duty arises, supervisors should consider delaying the contact, if reasonably practicable, until the
employee is on-duty as such time may be compensable.
701.8 USE WHILE DRIVING

The use of a PCD while driving can adversely affect safety, cause unnecessary distractions and
present a negative image to the public. Officers operating emergency vehicles should restrict the
Department
use of these devices to matters involving official duties and, where reasonably practicable, stop
the vehicle at an appropriate location to use the PCD (Minn. Stat. § 169.475).
Except in an emergency, employees who are operating non-emergency vehicles shall not use a
PCD while driving unless the device is specifically designed and configured to allow hands-free
use (Minn. Stat. § 169.475). Hands-free use should be restricted to business-related calls or calls
of an urgent nature.
701.9 OFFICIAL USE

Employees are reminded that PCDs are not secure devices and conversations may be intercepted
or overheard. Caution should be exercised while utilizing PCDs to ensure that sensitive data
is not inadvertently transmitted. As soon as reasonably possible, employees shall change
over to conduct sensitive or private communications on a land-based or other department
communications network.
The following situations are examples of when the use of a PCD may be appropriate:
(a) Barricaded suspects
(b) Hostage situations
(c) Mobile Command Post
(d) Catastrophic disasters, such as plane crashes, earthquakes, floods, etc.
(e) Major political or community events
(f) Investigative stakeouts
(g) Emergency contact with an allied agency or allied agency field unit
(h) When immediate communication is needed and the use of the radio is not available
or appropriate and other means are not readily available
Department
Vehicle Maintenance
Employees are responsible for assisting in maintaining Department vehicles so that they are
properly equipped, maintained, refueled, and present a clean appearance.
702.2 DEFECTIVE VEHICLES

When a Department vehicle becomes inoperative or in need of repair that affects the safety of
the vehicle, that vehicle shall be removed from service for repair. Proper documentation shall be
promptly completed by the employee who becomes aware of the defective condition. Paperwork,
describing the correction needed, shall be promptly forwarded to vehicle maintenance for repair.
702.2.1 SUSPECTED DAMAGE OR POOR PERFORMANCE

Vehicles that may have suffered damage, perform poorly, or whose control or safety features has
been diminished shall be immediately removed from service for inspection and repair.
702.2.2 SEVERE USE INSPECTION

Vehicles operated under severe use conditions, including rough roadway or off-road operation,
hard or extended braking, pursuits, or prolonged high-speed operation, should be removed from
service and subjected to a safety inspection as soon as reasonably possible.
702.3 VEHICLE EQUIPMENT

Certain items shall be maintained in all Department vehicles for emergency purposes, and to
perform routine duties.
702.3.1 PATROL VEHICLES

Officers shall inspect the patrol vehicle at the beginning of the shift and ensure that the following
equipment, at a minimum, is present in the vehicle:
• Emergency road flares
• 1 roll crime scene barricade tape
• 1 first aid kit
• 1 blanket
• 1 fire extinguisher
• 1 camera

An employee driving an unmarked Department vehicle shall ensure that, at minimum, the
equipment listed below is present in the vehicle:
• 1 roll crime scene barricade tape
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Vehicle Maintenance
• 1 first aid kit

• 1 blanket
702.4 VEHICLE REFUELING

Absent emergency conditions or supervisor approval, officers driving patrol vehicles shall not place
a vehicle in service that has less than three-quarter tank of fuel. Whenever practicable, vehicles
should be fully fueled when placed into service and refueled before the level falls below three-
quarter tank.
Vehicles shall only be refueled at an authorized location.
702.5 WASHING OF VEHICLES

All units shall be kept clean at all times and, weather conditions permitting, shall be washed as
necessary to enhance their appearance.
Only one marked unit should be at the car wash at a time unless otherwise approved by a
supervisor.
Employees using a vehicle shall remove any trash or debris at the end of the
shift. Unclassified/private/confidential data should be placed in a designated receptacle provided
for the shredding of this matter.
702.6 CIVILIAN EMPLOYEE USE

Non-sworn employees using marked vehicles shall ensure all weapons are removed from the
vehicle before going into service. Non-sworn employees shall not operate the emergency lights
or siren of any vehicle unless expressly authorized by a supervisor.
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Department
Vehicle Use
This policy establishes a system of accountability to ensure City-owned vehicles are used
appropriately. For the purposes of this policy, “City-owned” includes any vehicle owned, leased
or rented by the City.
703.2 POLICY
The Department provides vehicles for official business use and may assign take-home vehicles
based on its determination of operational efficiency, economic impact to the Department, tactical
deployments and other considerations.
703.3 USE OF VEHICLES

Personnel authorized to use City-owned take home vehicles shall only use the vehicles for official
business or if its use promotes operational efficiency.
All employees, assigned a City-Owned vehicle, and on an on-call status are expected to maintain
a sixty minute response time when notified of any department related business where there
assistance is requested.
Members shall not operate a City-owned vehicle at any time when impaired by drugs and/or
alcohol.
Any member operating a vehicle equipped with a two-way communications radio, MDC and/or a
Global Positioning Satellite device shall ensure the devices are on and set to an audible volume
whenever the vehicle is in operation.
703.3.1 SHIFT ASSIGNED VEHICLES

Members who use a fleet vehicle as part of their work assignment shall ensure that the vehicle is
properly checked out and logged on the daily shift roster, according to current procedures, prior
to taking it into service. If for any reason during the shift the vehicle is exchanged, the member
shall ensure that the exchanged vehicle is likewise properly noted on the daily shift roster.
Members shall be responsible for inspecting the interior and exterior of any assigned vehicle
before taking the vehicle into service and at the conclusion of the shift. Any previously unreported
damage, mechanical problems, unauthorized contents or other problems with the vehicle shall be
promptly reported to a supervisor and documented as appropriate.
703.3.2 UNSCHEDULED USE OF VEHICLES

Members utilizing a City-owned vehicle for any purpose other than their regularly assigned duties
shall first notify the Shift Sergeant of the reasons for use and a notation will be made on the shift
roster indicating the operator’s name and vehicle number. This section does not apply to members
permanently assigned an individual vehicle (e.g., command staff, detectives), who regularly use
the vehicle on an unscheduled basis as part of their normal assignment.
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Department
Vehicle Use

Except for use by the assigned member, unmarked units shall not be used without
first obtaining approval from the supervisor of the unit to which the vehicle is
assigned, or approval from the shift sergeant.
703.3.4 INVESTIGATION DIVISION VEHICLES

Investigation Division vehicle use is restricted to investigative personnel during their assigned
work hours unless approved by an Investigation Division supervisor. After-hours use of
Investigation Division vehicles by members not assigned to the Investigation Division shall be
recorded with the shift sergeant on the shift roster.
703.3.5 PARKING
Except when responding to an emergency or other urgent official business requires otherwise,
members driving City-owned vehicles should obey all parking regulations at all times.
Members shall not park privately-owned vehicles in any area assigned to a City-owned vehicle or
in any other areas of the parking lot that are not designated as a parking space unless authorized
by a supervisor. Privately-owned motorcycles shall be parked in designated areas.
703.3.6 INSPECTIONS
The interior of any vehicle that has been used to transport any person other than a member should
be inspected prior to placing another person in the vehicle and again after the person is removed.
This is to ensure that unauthorized or personal items have not been left in the vehicle.
When transporting any suspect, prisoner or arrestee, the transporting officer shall search all areas
of the vehicle that are accessible by the person before and after the person is transported.
703.3.7 PRIVACY
All City-owned vehicles are subject to inspection and/or search at any time by a supervisor without
notice and without cause. No member assigned to or operating such vehicle shall be entitled to
any expectation of privacy with respect to the vehicle or its contents.
703.4 ASSIGNED VEHICLE AGREEMENT

Members must be approved for an assigned vehicle by his/her division commander, and shall
agree to the following criteria:
(a) Except as may be provided by a collective bargaining agreement, time spent during
normal commuting is not compensable.
(b) The vehicle shall be parked in secure off-street parking when parked at the member's
residence.
(c) Vehicles shall be locked when not attended.
(d) If the vehicle is not secured inside a locked garage, all firearms and kinetic impact
weapons shall be removed from the interior of the vehicle and properly secured in
Department
Vehicle Use
the residence (see the Firearms and Qualification Policy regarding safe storage of
firearms at home).
(e) When the member will be away (e.g., on vacation) for periods exceeding one week,
the vehicle shall be stored in a secure garage at the member's residence or at the
appropriate Department facility.
(f) All Department identification, portable radios, and equipment should be secured.
Members are cautioned that under federal and local tax rules, personal use of a City-owned vehicle
may create an income tax liability to the member. Members should address questions regarding
tax consequences to their tax adviser.
The assignment of vehicles is at the discretion of the Chief of Police. Assigned vehicles may be
changed at any time, and permission to take home a vehicle may be withdrawn at any time.
703.5 KEYS AND SECURITY

All uniformed field members approved to operate marked patrol vehicles should be issued a copy
of the unit key as part of their initial equipment distribution upon hiring. Officers shall not duplicate
keys.
Members assigned a permanent vehicle should be issued keys for their assigned vehicle.
The loss of any key shall be promptly reported in writing through the member’s chain of command.
703.6 ENFORCEMENT ACTIONS

Because an officer operating an unmarked vehicle to and from work outside the jurisdiction of
Brooklyn Center may not be unifomed and readily identifiable as a police officer he/she should try
to avoid becoming directly involved in enforcement actions except in those circumstances where
a potential threat to life or serious property damage exists. (see the Off-Duty Law Enforcement
Actions Policy and the Law Enforcement Authority Policy).
Officers may render public assistance (e.g., to a stranded motorist) when deemed prudent.
Although not required, it is recommended while driving a City-owned unmarked vehicle off
duty, members of this department be armed. If a member of this department is armed while
operating a City-Owned unmarked vehicle off duty they shall be appropriately attired and carry
their department-issued identification. Officers should also ensure that department radio or other
electronic communication capabilities are maintained to the extent reasonably feasible.
703.7 MAINTENANCE
Members are responsible for the cleanliness (exterior and interior) and overall maintenance of
the assigned vehicles.
Members shall make daily inspections of their assigned vehicles for service/maintenance
requirements and damage. It is the assigned member’s responsibility to ensure that his/her
assigned vehicle is maintained according to the established service and maintenance schedule.
Department
Vehicle Use
Supervisors shall make, at a minimum, monthly inspections of vehicles assigned to members

under their command to ensure the vehicles are being maintained in accordance with policy.
703.7.1 ACCESSORIES AND/OR MODIFICATIONS

No modifications, additions or removal of any equipment or accessories shall be made to the
vehicle without written permission from the Division Commander.
703.8 VEHICLE DAMAGE, ABUSE, AND MISUSE

When a City-owned vehicle is involved in a traffic collision or otherwise incurs damage, the
involved member shall promptly notify a supervisor. Any traffic collision report shall be filed with
the agency having jurisdiction (see also the Traffic Collision Response and Reporting Policy).
When a collision involves a City vehicle or when a member of this department is an involved driver
in a collision that occurs in this jurisdiction and the collision results in serious injury or death, a
supervisor should request that an outside law enforcement agency be summoned to investigate
the collision.
The member involved in the collision shall complete a report. If the member is unable to complete
the report, the supervisor shall complete the report.
Any damage to a vehicle that was not caused by a traffic collision shall be immediately reported
during the shift in which the damage was discovered, documented in memorandum format, and
forwarded to the shift sergeant. An administrative investigation should be initiated to determine if
there is any vehicle abuse or misuse.
703.9 TOLL ROAD USAGE

Law enforcement vehicles are not routinely exempted from incurring toll road charges.
To avoid unnecessary toll road charges, all members operating a City-owned vehicle upon the
toll road shall adhere to the following:
(a) All members operating a City-owned vehicle for any reason other than in response to
an emergency shall pay the appropriate toll charge or utilize the appropriate toll way
transponder. Members may submit a request for reimbursement from the City for any
toll fees incurred in the course of official business.
Department
Cash Handling, Security, and Management

The proper handling and documentation of cash transactions, and the maintenance of accurate
records of cash transactions, is important to protect the integrity of police operations and ensure
the public trust.
704.2 PETTY CASH FUNDS

Employees designated as fund managers and authorized to maintain and manage petty cash
funds are the support services manager and the administrative assistant.
These persons may delegate this responsibility to another person in their absence.
All funds require the creation and maintenance of an accurate and current transaction ledger and
filing of invoices, receipts, and expense reports by the fund manager.
704.3 PETTY CASH TRANSACTIONS

The fund manager shall document all transactions on the ledger and other appropriate forms.
Each person participating in the transaction shall sign or otherwise validate the ledger, attesting to
the accuracy of the entry. Transactions should include the filing of an appropriate receipt, invoice
or cash transfer form. Transactions that are not documented by a receipt, invoice or cash transfer
form require an expense report.
704.4 PETTY CASH AUDITS

The manager of a petty cash fund shall audit the fund no less than once every six months. This
audit requires that the manager and at least one other person selected by the fund manager,
review the ledger, records, receipts, and funds, verifying the accuracy of the accounting. Each
participant of the audit shall sign the ledger, attesting to the accuracy of all documentation and
fund accounting. A discrepancy in the audit requires documentation by those performing the audit
and immediate reporting of the discrepancy to the Chief of Police.
Should fund management be transferred to any person, each transfer of this responsibility shall
require completion of a separate petty cash audit by those persons involved in the transfer.
A separate audit by the Chief of Police or the City should be completed on a random date
approximately once each year on each petty cash fund.
704.5 ROUTINE CASH HANDLING

Members of the Department authorized to routinely handle cash as part of their assignment
are property room technicians and the support services manager. Routine cash handling shall
be pursuant to their specific policies (see the Confidential Informants and Property Procedures
Policies).
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Cash Handling, Security, and Management
704.6 OTHER CASH HANDLING

Members of the Department who, within the course of their duties, come into the possession
of cash that is not their property or is outside their defined cash handling duties shall, as soon
as reasonably practical, verify the amount of cash, summon another employee to verify their
accounting, and process the cash as safekeeping, evidence, or found property.
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Chapter 8 - Support Services
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Department
Crime Analysis
Crime analysis should provide currently useful information to aid operational personnel in meeting
its tactical crime control and prevention objectives by identifying and analyzing methods of
operation of individual criminals, providing crime pattern recognition, and providing analysis of data
from field interrogations and arrests. Crime analysis can be useful to the Department's long-range
planning efforts by providing estimates of future crime trends and assisting in the identification of
enforcement priorities.
800.2 DATA SOURCES

Crime analysis data is extracted from many sources including, but not limited to:
• Crime reports
• Field interview cards
• Parole and probation records
• Computer Aided Dispatch data
• Department of Public Safety - Crime Records Service
800.3 CRIME ANALYSIS FACTORS

The following minimum criteria should be used in collecting data for crime analysis:
• Frequency by type of crime
• Geographic factors
• Temporal factors
• Victim and target descriptors
• Suspect descriptors
• Suspect vehicle descriptors
• Modus operandi factors
• Physical evidence information
800.4 CRIME ANALYSIS DISSEMINATION

For a crime analysis system to function effectively, information should be disseminated to the
appropriate units or persons on a timely basis. Information that is relevant to the operational and
tactical plans of specific line units should be sent directly to them. Information relevant to the
development of the Department's strategic plans should be provided to the appropriate staff units.
When information pertains to tactical and strategic plans, it should be provided to all affected units.
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Department
Property and Evidence

This policy provides for the proper collection, storage and security of evidence and other property.
Additionally, this policy provides for the protection of the chain of evidence and those persons
authorized to remove and/or destroy property. Property belonging to persons in custody should
be handled pursuant to policies guiding Juvenile Temporary Custody, Temporary Holding Facility,
Jail Operations, and the operations procedures for each facility or operation.
801.1.1 PROPERTY ROOM SECURITY

The Property Room shall maintain secure storage and control of all property necessitating custody
by the Department. The property and evidence technician reports to the Support Services Manager
and is responsible for the security of the Property Room. Property Room keys are maintained
only by the property and evidence technician and the Support Services Manager. The property
and evidence technician and the Support Services Manager shall not loan Property Room keys
to anyone and shall maintain keys in a secure manner.
Any individual entering the high security area of the Property Room other than the property and
evidence technician or Support Services Manager must be accompanied by the property and
evidence technician or the Support Services Manager, and must sign in and out on the logbook
giving the date and time of entry and exit and the purpose, including a specific case or property
number. The entry shall be initialed by the accompanying individual.
801.2 DEFINITIONS
Property - Includes all items of evidence, items taken for safekeeping and found property.
Evidence - Includes items taken or recovered in the course of an investigation that may be used
in the prosecution of a case. This includes photographs and latent fingerprints.
Safekeeping - Includes the following types of property:
• Property obtained by the Department for safekeeping, such as a firearm.
• Personal property of an arrestee not taken as evidence.
• Property taken for safekeeping under authority of a law.
Found Property - Includes property found by an employee or citizen that has no apparent
evidentiary value and where the owner cannot be readily identified or contacted.
801.3 PROPERTY HANDLING

Any employee who first comes into possession of any property, shall retain such property in his/
her possession until it is properly tagged and placed in the designated property locker or storage
room, along with the property label. Care shall be taken to maintain the chain of custody for all
evidence.
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Department
Any property seized by an officer with or without a warrant shall be safely kept for as long as
necessary for the purpose of being produced as evidence (Minn. Stat. § 626.04 (a)). Seized
property held as evidence shall be returned to its rightful owner unless subject to lawful detention
or ordered destroyed or otherwise disposed of by the court (Minn. Stat. § 626.04 (b) and Minn.
Stat. § 629.361).
An officer arresting a person for burglary, robbery or a theft offense shall use reasonable diligence
to secure the property that was alleged to have been stolen and shall be answerable for it while
it remains in his/her custody (Minn. Stat. § 629.361).
Where ownership can be established as to found property that has no apparent evidentiary
value, such property may be released to the owner without the need for booking. The property
documentation must be completed to document the release of property not booked. The owner
shall sign the documentation acknowledging receipt of the item(s).
801.3.1 PROPERTY INVENTORY PROCEDURE

All property must be inventoried prior to the employee going off duty. Employees inventorying
property shall observe the following guidelines:
a. Complete the property inventory in FileOnQ by describing each item of property separately,
listing all serial numbers, owner's name, finder's name, and other identifying information or
markings.
b. The employee shall inventory each item of evidence.
c. If item is placed in an envelope, tube, box or bag, the employee shall seal, tape, initial and date
all inventoried items.
d. The employee shall place inventoried items into a property locker and lock key inside.
e. Items too small to mark, or that will be damaged or degraded or devalued by marking, should
be individually packaged, labeled, and the package marked with initials and date.
f. Complete an evidence/property tag and attach it to each package or envelope in which the
property is stored.
g. The original property documentation shall be submitted with the case report.
h. When the property is too large to be placed in a temporary property locker, the item may be
temporarily stored in any Department supply room or other location that can be secured from
unauthorized entry. The location shall be secured to prevent entry and a completed property label
placed into a numbered property locker indicating the location of the property.
801.3.2 CONTROLLED SUBSTANCES

All controlled substances shall be inventoried separately. Drug paraphernalia shall also
be inventoried separately.
The officer seizing the narcotics and dangerous drugs shall place them in the designated
temporary property locker.
Department
801.3.3 EXPLOSIVES
Officers who encounter a suspected explosive device shall promptly notify the immediate
supervisor. The Bomb Squad will be called to handle explosive-related incidents and will be
responsible for the handling, storage, sampling, and disposal of all suspected explosives.
Explosives will not be retained in the police facility. Only fireworks that are considered stable and
safe and road flares or similar signaling devices may be inventoried. All such items shall be stored
in proper containers and in an area designated for the storage of flammable materials.
801.3.4 EXCEPTIONAL HANDLING

Certain property items require a separate process. The following items shall be processed in the
described manner:
(a) Bodily fluids such as blood or semen stains shall
be dried using the Drying Lab. See section 801.10 Drying Lab - SafeKeeper FDC-007D
(b) All bicycles and bicycle frames require a property record. Property tags will be securely
attached to each bicycle or bicycle frame. The property may be released directly to
the property and evidence technician or placed in the bicycle storage area.
(c) All cash shall be counted in the presence of another officer and the envelope initialed
by both officers. An on-duty supervisor shall be contacted for cash in excess of $1,000.
The supervisor shall also witness the count and will initial and date the property
documentation and specify any additional security procedures to be used.
(d) All evidence collected by personnel requiring specific storage requirements pursuant
to laboratory procedures should clearly indicate storage requirements on the property
label.
City property, unless connected to a known criminal case, should be released directly to the
appropriate City department. No formal inventory is required. In cases where no responsible
person can be located, the property should be inventoried for safekeeping in the normal manner.

(a) Although not required, this department generally will accept firearms surrendered
by an abusing party or defendant pursuant to a court order. A decision to refuse a
surrendered firearm should be approved by a supervisor (Minn. Stat. § 260C.201,
Subd. 3; Minn. Stat. § 518B.01, Subd. 6; Minn. Stat. § 609.2242, Subd. 3; Minn. Stat.
§ 609.749, Subd. 8).
(b) Members accepting surrendered firearms should complete a
standardized Surrendered Firearms Receipt form, if available. If a
standard Surrendered Firearms Receipt form is not available, use an Evidence/
Property form and include the following information:
1. Whether the firearm is being transferred temporarily or permanently
2. The abusing party or defendant’s name
Department
3. The date and time of the transfer

4. Complete description of all firearms surrendered (e.g., make, model, serial
number, color, identifying marks)
(c) In certain circumstances, a court may issue an order for the immediate transfer of
firearms of an abusing party or defendant.
1. BCPD may serve the court order either by assignment or when an officer comes
into contact with an abusing party or defendant for which a court order has been
issued but has not been served, or for which they are in violation. In such cases,
if there are firearms that may be lawfully seized, they should be seized and
submitted to the Property Room pursuant to standard protocol.
2. If the abusing party or defendant is not cooperative, seek guidance from legal
counsel to ensure that firearms are seized lawfully.
3. Permits possessed by the abusing party or defendant should be returned to the
Sheriff where the person resides.
(d) The Property Room shall develop and maintain a process to store, transfer or release
firearms ordered surrendered by a court. The procedures shall:
1. Provide for adequate storage and protection so as to preserve the condition of
the firearms.
2. Require a valid court order or written notice from the abusing party or defendant
to be presented before any transfer of the firearms.
3. Ensure that recipients of transferred firearms are not legally prohibited from
possession of firearms under state or federal law.
4. Ensure that proper affidavits or proof of transfer are obtained from any
designated firearms dealer or third party.
5. Ensure that prior to disposition of unclaimed firearms, abusing parties or
defendants are notified via certified mail.
801.4 COURT-ORDERED FIREARM SURRENDER PROCEDURE

AUTHORITY
The authority for this policy is established by Minn. Stat. 260C.201 (Domestic Child Abuse); Minn.
Stat. 518B.01 (Order for Protection); Minn. Stat. 609.2242 (Domestic Assault); Minn. Stat. 609.749
(Stalking); and Minn. Stat. 624.713 (Certain Persons Not to Possess Firearms).
Legislative changes require the courts to issue orders to domestic child abusers, domestic
abusers, persons convicted of domestic assault and persons convicted of stalking, to surrender
their firearms to a law enforcement agency, a federally licensed firearms dealer or a third party.
DEFINITIONS
Department
Domestic Violence Restraining Orders – Provisions in Minnesota statutes require the court when
issuing restraining orders under Minn. Stat. 260C.201 (Domestic Child Abuse) or Minn. Stat.
518B.01 (Order for Protection) to order the restrained person to surrender firearms and permits to
carry or purchase firearms if the court finds the restrained party represents a credible threat to the
physical safety of the protected party. An order granting relief that was issued after a hearing of
which the abusing party received actual notice and which the abusing party had the opportunity to
participate, shall prohibit the abusing party from possessing firearms for the length the order is in
effect. The order shall direct the abusing party to transfer any firearms that the person possesses
to a federally licensed firearms dealer, a law enforcement agency or a third party who may lawfully
receive them. A law enforcement agency is not required to accept an abusing party/respondent’s
firearms under this paragraph.
Domestic Abuse Convictions and Firearms - When persons are convicted of Domestic Assault
under Minn. Stat § 609.2242 or any other assault against a family or household member (includes
Assault 1, Assault 2, Assault 3, Assault 5, Domestic Assault Strangulation) or are convicted of
Stalking under Minn. Stat. § 609.748, the court must order them to transfer any firearms they
possess to a federally licensed firearms dealer, a law enforcement agency or a third party who
may lawfully receive them. The transfer must occur within 3 business days unless the court finds
the defendant is an imminent risk of causing substantial bodily harm to another, in which case the
court must order the local law enforcement agency to take immediate possession.
Authorized Recipients of the Firearms – Defendants may choose to whom they surrender their
firearm(s). The statute allows the transfer to: a local enforcement agency, a federally licensed
authorized dealer, or a third party who does not reside with the abusing party/defendant.
Transfers – Within three business days, Defendants must transfer their firearms permanently or
temporarily depending on the court order. If the court determines there is an imminent risk, law
enforcement will be ordered to take immediate possession of the firearm(s).
Firearm – The Federal definition of firearm is any weapon (including a starter gun) which will
expel a projectile; by means of an explosive or is designed or may be readily converted to do
so. Minnesota statutes defines firearm as a gun that discharges shot or a projectile by means
of an explosive, a gas or compressed air Minn. Stat. § 97A.015, subd. 19. Some Minnesota
courts have ruled that, under this definition, rifles, shotguns, handguns (both pistols and revolvers),
muzzleloaders and BB guns are firearms. However paintball guns are not considered firearms.
Reasonable Storage Fee – Actual expenses a city incurs for storage of firearms to include the
cost of storage space and staff time to process related paperwork. The storage fee should not
normally be so high that it exceeds the value of the firearm. Agencies should periodically review
their fee schedule to insure their storage fee covers the city’s actual costs. Agencies should give
consideration to releasing firearm(s) only after the reasonable storage fee is paid.
PROCEDURE
Department
A.Intake Procedure – Surrendered Firearms:

1. A copy of the Court Order is required prior to accepting the transfer of firearms.
2. The abusing party/respondent must arrange for the transfer within three business days.
3. A law enforcement agency is not required to accept firearms in every situation. Factors to
consider might be jurisdiction for any underlying criminal prosecution(s), county of residence for
the petitioner and/or respondent. All decisions to reject must be approved by a supervisor.
4. If decision is made to accept the firearms, an Incident Report shall be completed with
initiation of a Case Number.
5. The department may charge a reasonable storage fee of $10 per day for firearms held
under the provisions of this policy.
6. Only a licensed peace officer may accept firearms from an abusing party/respondent with
the respective court order.
7. Surrendered firearms will be received by an officer, by appointment, during regular business
hours or at other times at the discretion of the accepting law enforcement agency.
8. The party surrendering weapons to a law enforcement agency shall receive instructions on
proper procedure for the safe surrender of weapons:
a. The party should be directed to not bring firearms into the department but rather comply
with specific instructions provided by the law enforcement agency.
b. When directed, the firearms should be delivered to the law enforcement agency enclosed
in a carrying case for firearms.
i. The firearms must be completely contained in gun cases made expressly for that purpose.
ii. The cases must be zipped, buckled, tied or otherwise fastened, with no portion of the
firearm exposed.
c. All firearms must be unloaded. This means having no shell or cartridge in the chamber of
the firearm or in any magazine attached to the firearms.
d. Caps must be removed from a percussion muzzle loading firearms or have the flash pan
cleaned of powder from a flint locked muzzle loading firearm.
9. The receiving officer shall complete the Surrendered Firearms Receipt form ensuring the
following information is included as required by the Court:
a. Whether the firearm(s) is to be temporarily or permanently transferred;
b. The defendant’s name;
c. Date of the transfer to the department;
d. Serial number of all surrendered firearms;
e. Make of all surrendered firearms;
Department
f. Model of all surrendered firearms;

g. Brief description and condition of the firearm(s).
10. Once completed, a copy of the Surrendered Firearms Receipt form is given to the defendant
to file with the Court.
11. The receiving officer will make the weapon safe, secure and package the firearm(s) pursuant
to Department Property Room procedures. No ammunition will be accepted into evidence, but
rather given to range personnel for disposal.
12. Property Room personnel will store the surrendered firearm(s) pursuant to evidence
guidelines and protocols.
13. Accepting the surrendered firearm(s) gives the department the lawful authority to possess
the firearm(s); it does not transfer ownership or title to the department.
14. All staff will use due care to preserve the quality and function of the transferred firearm(s).
B. Immediate Possession of Firearms - Imminent Risk Involved

1. The court may order the department to take immediate possession of a defendant’s
firearm(s).
2. A peace officer or investigator will be assigned the case and an Incident Report shall be
completed with initiation of a Case Number.
3. Only a licensed peace officer may accept surrendered firearms from a defendant.
4. Due to the risks of firearms being delivered to the department or seized from private
residences, the assigned officer or investigator will give due consideration to the variety of safety
concerns. The assigned officer or investigator should initiate contact with the defendant, arranging
for the safest means of firearm(s) surrender.
5. The difficulties in knowing with certainty the full extent of a defendant’s firearms inventory
are acknowledged. The assigned officer or investigator will attempt to insure the abusing party/
respondent complies with the Order. If the abusing party/respondent refuses to comply with the
order, every effort, including a consent search or possibly seeking a search warrant, will be initiated
to ensure the court order is carried out.
6. Within three (3) business days of the court ordering the immediate transfer of the firearm(s),
defendants may request the transfer of their firearms(s) from the department to a federally licensed
firearms dealer or a third party, who may lawfully receive them.
a. A licensed peace officer or investigator will facilitate the transfer;
b. Prior to transfer the officer will require the federally licensed firearm dealer or third party who
may lawfully receive them, to complete a Minnesota Uniform Firearm Application/Receipt Permit
to Purchase/Transfer;
Department
c. Once the application is completed, the department has two business days to file the completed
application to purchase/transfer with the respective courts.
C. Out of Jurisdiction Compliance

1. Notwithstanding a court order to the contrary, police agencies are responsible for the
enforcement of firearm surrender orders when the respondent resides in the agency’s jurisdiction.
2. When the court orders the firearm(s) must be turned over only to law enforcement, police
agencies are only required, notwithstanding a court order to the contrary, to store firearms turned
over by defendants/respondents residing within their jurisdiction.
3. Officers tasked with enforcement of a surrender order, when learning the firearm(s) is located
in another jurisdiction, will share that information with the pertinent law enforcement agency to aid
in the order’s enforcement.
4. Officers asked to assist another law enforcement agency with the enforcement of a firearm
surrender order shall provide reasonable assistance so as to help aid the order’s enforcement.
D. Return , Abandonment or Forfeiture of Firearms

1. Upon receipt of a court order, the department will return the surrendered firearms(s) to the
abusing party/defendant so long as the abusing party/defendant is not otherwise prohibited from
possessing firearms under State or Federal law.
2. An assigned officer or investigator will facilitate the release of the firearms(s) pursuant to
the court order, complying with State and Federal law and department protocol.
3. On requests to transfer to a third party the assigned officer or investigator will conduct a
records check to ensure the third party is eligible to receive the firearm(s).
4. The assigned officer or investigator will have the Defendant inspect the firearm(s) before
returning and have the defendant acknowledge the firearms are in the same condition as when
turned in, except for reasonable wear and tear including the deterioration of firearms that may
occur during prolonged storage periods.
5. If a temporarily transferred firearm is abandoned, the department will notify the abusing
party/defendant via certified U.S. mail prior to the disposal of the abandoned firearms(s) pursuant
to department protocol.
6. If the court order indicates that the firearms(s) transfer is permanent, the firearm(s) will
not be returned to the Defendant and will be disposed of pursuant to forfeiture and/or department
protocol.
Department
801.5 PACKAGING OF PROPERTY

Packaging will conform to the Property Packaging Procedures. Certain items require special
consideration and shall be inventoried separately as follows:
(a) Controlled substances
(b) Firearms (ensure they are unloaded and booked separately from ammunition)
(c) Property with more than one known owner
(d) Drug paraphernalia
(e) Fireworks
(f) Contraband
801.5.1 PACKAGING CONTAINER

Employees shall package all property in a suitable container available for its size.
Knife tubes should be used to package knives, handgun boxes should be used for handguns, and
syringe tubes should be used to package syringes and needles.
A property tag shall be securely attached to the outside of all items or group of items.
801.5.2 PACKAGING CONTROLLED SUBSTANCES

The officer seizing controlled substances shall retain such property in his/her possession until it is
properly weighed, packaged, tagged, and placed in the designated locker. Prior to packaging and
if the quantity allows, a presumptive test should be made on all suspected controlled substances.
If conducted, the results of this test shall be included in the officer's report.
Controlled substances shall be packaged in an envelope of appropriate size, available
in Evidence Intake. The inventorying officer shall initial the sealed envelope and the initials covered
with tape. Controlled substances shall not be packaged with other property.
The inventorying officer shall weigh or count the suspected narcotics or dangerous drugs after
separating it from its original packaging. A full description of the item, along with packaging
and total weight or quantity of the item as seized, will be placed in the case report and on the
property label.The packaging or container that the narcotics or dangerous drugs were seized in
will be inventoried as a separate item. The inventorying officer should use the most appropriate
measure (weight or quantity) and description when inventorying drugs or suspected narcotics After
packaging and sealing as required, the inventorying officer will initial and date the package.
The weight or quantity will be verified every time the package is checked in or out of the Property
Room and any discrepancies noted on the outside of the package. Any change in weight or
quantity should be immediately reported to the Support Services Manager.
A completed property tag shall be attached to the outside of the container. The chain of evidence
shall be recorded.
Department
801.5.3 RIGHT OF REFUSAL

The property and evidence technician has the right to refuse any piece of property that is not
properly documented or packaged. Should the property and evidence technician refuse an item,
he/she shall maintain secure custody of the item in a temporary property locker and may inform
the submitting officer, their supervisor and/or the Support Services Manager. The refused item
will be corrected in a timely manner.
801.6 RECORDING OF PROPERTY

The property and evidence technician receiving custody of evidence or property
shall maintain a property record for each piece of property received. The property record will be
the permanent record of the property in the Property Room. The property and evidence technician
will record his/her signature, GPW if it is a controlled substance to be used as evidence, the date
and time the property was received, and where the property will be stored in the property record.
A property record shall be maintained and a unique property number created for each piece of
property received. The property record shall record by property number, the date received, case
number, tag number, item description, item location, and date disposed. A unique property number
shall be obtained for each item from the property record. This number shall be recorded on the
property tag and the property record.
Any changes in the location of property held by the Brooklyn Center Police Department shall be
noted in the property logbook.
801.7 PROPERTY CONTROL

Each time the property and evidence technician receives property or releases property to another
person, he/she shall enter this information in the property record. Officers desiring property for
court shall contact the property and evidence technician at least three days prior to the court
day, if possible.
801.7.1 RESPONSIBILITIES OF OTHER PERSONNEL

Every time property is released or received, an appropriate entry on the evidence package shall be
completed to maintain the chain of possession. No property or evidence is to be released without
first receiving written authorization from a supervisor or assigned detective.
Request for analysis for items other than controlled substances shall be completed on the
appropriate forms and submitted to the property and evidence technician.
801.7.2 TRANSFER OF EVIDENCE TO CRIME LABORATORY

The transporting employee will check the evidence out of property, indicating the date and time
on the property record and the request for laboratory analysis.
The property and evidence technician releasing the evidence must complete the required
information on the property record and the evidence. The lab forms will be transported with the
property to the examining laboratory. Upon delivering the item involved, the employee will record
the delivery time on both copies and indicate the locker in which the item was placed or the
Department
employee to whom it was delivered. The original copy of the lab form will remain with the evidence
and the copy will be returned to the Support Services for filing with the case.
801.7.3 STATUS OF PROPERTY

Each person receiving property will make the appropriate entry to document the chain of evidence.
Temporary release of property to officers for investigative purposes or for court shall be noted on
the property record, stating the date, time, and to whom it was released.
The property and evidence technician shall obtain the signature of the person to whom property
was released and the reason for release. Any employee receiving property shall be responsible
for such property until it is properly returned to property or properly released to another authorized
person or entity.
The return of the property should be recorded on the property record, indicating date, time, and
the person who returned the property.
801.7.4 AUTHORITY TO RELEASE PROPERTY

The property and evidence technician shall not release any property without authorization from
an appropriate authorized member of the Department. The assigned investigator or supervisor
shall authorize the disposition or release of all evidence and property coming into the care and
custody of the Department.
Property held as evidence for a pending criminal investigation or proceeding shall be retained for
a period of time no less than that required pursuant to Minn. Stat. § 628.26.
For property in custody of the Department for investigatory or prosecutorial purposes and owned
by a victim or witness, a property and evidence technician shall, upon the request of the owner:
(a) Provide a list describing the property unless such release would seriously impede an
investigation.
(b) Return the property expeditiously unless the property is required as evidence.
Upon the direction of a prosecuting attorney, property held as evidence of a crime may be
photographed and released to the owner of the property in accordance with the requirements of
Minn. Stat. § 609.523.
801.7.5 RELEASE OF PROPERTY

All reasonable attempts shall be made to identify the rightful owner of found property or evidence
not needed for an investigation.
Release of property shall be made upon receipt of an authorized release form, listing the name
and address of the person to whom the property is to be released. The release authorization shall
be signed by the authorizing supervisor or investigator and must conform to the items listed on
the property label or must specify the specific item(s) to be released. Release of all property shall
be properly documented.
Department
With the exception of firearms and other property specifically regulated by statute, found property
and property held for safekeeping shall be held for a minimum of 60 days. During such period,
property personnel shall attempt to contact the rightful owner by telephone and/or mail when
sufficient identifying information is available. Property not held for any other purpose and not
claimed within 60 days after notification (or receipt, if notification is not feasible) may be auctioned
to the highest bidder at a properly published public auction, which may be conducted as an
Internet-based auction. If such property is not sold at auction or otherwise lawfully claimed, it may
thereafter be destroyed. Unless the auction is Internet based, property with an estimated value of
$500 or more will be advertised in the local print media before it is destroyed or auctioned. The
final disposition of all such property shall be fully documented in related reports.
A property and evidence technician shall release the property upon proper identification being
presented by the owner for which an authorized release has been received. The owner shall also
pay any costs incurred by the agency, including costs for advertising or storage. A signature of
the person receiving the property shall be recorded on the original property documentation. After
release of all property entered on the property record, the property record shall be forwarded to
the Support Services for filing with the case.
Upon release or other form of disposal, the proper entry shall be recorded in all property
documentation.
801.7.6 STOLEN OR EMBEZZLED PROPERTY

Stolen or embezzled property or property believed to be stolen or embezzled that is in the custody
of this department shall be restored to the owner (Minn. Stat. § 609.523 Subd. 3). Such property
may be released from law enforcement custody when the following are satisfied:
(a) Photographs of the property are filed and retained by the Property Room.
(b) Satisfactory proof of ownership of the property is shown by the owner.
(c) A declaration of ownership is signed under penalty of perjury.
(d) A receipt for the property is obtained from the owner upon delivery.
801.7.7 DISPUTED CLAIMS TO PROPERTY

Occasionally more than one party may claim an interest in property being held by the department,
and the legal rights of the parties cannot be clearly established. Such property shall not be released
until one party has obtained a court order or other proof of the undisputed right to the involved
property.
All parties should be advised that their claims are civil. In extreme situations, legal counsel for the
Department may be asked to file an interpleader in court to resolve the disputed claim.
801.7.8 RELEASE AND DISPOSAL OF FIREARMS

A firearm may not be released until it has been verified that the person receiving the weapon is
not prohibited from receiving or possessing the weapon by 18 USC § 922.
Department
The Department shall make best efforts for a period of 90 days after the seizure of an abandoned
or stolen firearm to protect the firearm from harm and return it to the lawful owner (Minn. Stat. §
609.5315 Subd. 7). At the expiration of such period, the firearm or other deadly weapon may be
processed for disposal consistent with this policy.
801.8 DISPOSITION OF PROPERTY

All property not held for evidence in a pending criminal investigation or proceeding, and held for
sixty days or longer where the owner has not been located or fails to claim the property, may be
disposed of in compliance with existing laws and ordinances upon receipt of proper authorization
for disposal. The property and evidence technician shall request a disposition or status on all
property that has been held in excess of 120 days and for which no disposition has been received
from a supervisor or investigator.
801.8.1 EXCEPTIONAL DISPOSITIONS

The following types of property shall be destroyed or disposed of in the manner and at the time
prescribed by law, unless a different disposition is ordered by a court of competent jurisdiction:
• Weapons declared by law to be nuisances.
• Animals, birds and equipment related to their care and containment that have been
ordered forfeited by the court.
• Counterfeiting equipment.
• Gaming devices.
• Obscene matter ordered to be destroyed by the court.
• Altered vehicles or component parts.
• Controlled substances.
• Unclaimed, stolen or embezzled property.
• Destructive devices.
Money found in gambling devices by any peace officer, other than a municipal police officer, shall
be paid into the county treasury. Money found in gambling devices by a municipal police officer
shall be paid into the treasury of the municipality (Minn. Stat. § 626.04 (b)).
801.8.2 UNCLAIMED MONEY

If found or seized money is no longer required as evidence and remains unclaimed after three
years, the money is presumed abandoned property and is reportable as specified in § 804.8, Minn.
Stat. § 345.38 and Minn. Stat. § 345.75).
801.8.3 RETENTION OF BIOLOGICAL EVIDENCE

The Support Services Manager shall ensure that no biological evidence held by the Department
is destroyed without adequate notification to the following persons, when applicable:
Department
(a) The defendant

(b) The defendant's attorney
(c) The appropriate prosecutor
(d) Any sexual assault victim
(e) The Investigation Division Supervisor
Biological evidence shall be retained for a minimum period established by law,
the Support Services Manager, or the expiration of any sentence imposed related to the
evidence (Minn. Stat. § 590.10), whichever time period is greater. Following the retention period,
notifications should be made by certified mail and should inform the recipient that the evidence
will be destroyed after a date specified in the notice unless a motion seeking an order to retain
the sample is filed and served on the Department within 90 days of the date of the notification.
A record of all certified mail receipts shall be retained in the appropriate file. Any objection to or
motion regarding the destruction of the biological evidence should be retained in the appropriate
file and a copy forwarded to the Investigation Division Supervisor and Support Services Manager.
Biological evidence related to a homicide shall be retained indefinitely and may only be destroyed
with the written approval of the Chief of Police and the head of the applicable prosecutor's office.
Bulk evidence may be destroyed prior to these minimum retention periods only pursuant to a court
order or if the Support Services Manager determines that such destruction is consistent with Minn.
Stat. § 590.10 and the above notices have been made.
801.9 REPORT OF ABANDONED PROPERTY (MONEY)

The Investigations Division Commander or designee shall complete an annual report of presumed
abandoned property as described in law to the Commissioner of Commerce. The report is to cover
the 12-month period ending July 1 each year and is to be filed before October 31 each year (Minn.
Stat. § 345.41).
801.10 INSPECTIONS OF THE PROPERTY ROOM

On a monthly basis, the Support Services Manager shall inspect the evidence storage facilities
and practices to ensure adherence to appropriate policies and procedures.
(a) Unannounced inspections of evidence storage areas shall be conducted annually as
directed by the Chief of Police.
(b) An annual audit of evidence held by the Department shall be conducted by a Division
Commander who is not routinely or directly connected with evidence control, as
assigned by the Chief of Police.
(c) Whenever a change is made in personnel who have access to the Property Room,
an inventory of all evidence/property shall be made by an individual(s) not associated
with the Property Room or function to ensure that records are correct and all evidence
property is accounted for.
Department
801.11 DRYING LAB - SAFEKEEPER FDC-007D
801.11.1 PURPOSE
The purpose of this listed procedures guideline is to govern the use, care, maintenance,
possession and setup of the SafeKeeper FDC-007D, herein also referred to as the Drying Lab
or Drying Cabinet.
801.11.2 USE
The SafeKeeper FDC-007D can be used by any agencies currently in contract with the Northwest
Metro Drug Task Force. Agencies outside the contract agencies may be allowed to use the
SafeKeeper FDC-007D with granted permission by the current Northwest Metro Drug Task Force
supervisor and/or current Northwest Metro Drug Task Force board member for short term use.
Items placed into the device should be picked up by outside agencies within 24 hours unless
prior approval has been granted for extended use. Permission should be recorded by paper or
electronic means and be dated prior to the granted use.
The general purpose of the SafeKeeper FDC-007D is the drying of raw, non-consumable
marijuana plant material and other bio-hazard and non-biohazard drying purposes. Large
quantities of marijuana material should be placed into the cabinet according to recommended
guidelines. The device should not be used to dry consumable marijuana. The purpose for
acquisition of the drying room using Northwest Metro Drug Task Force funds was established
based on large marijuana grow operations and the alleviation of marijuana odors at participating
agency property storage areas. Granted use may be granted on a case by case basis with
approval from any Northwest Metro Drug Task Force member including active investigators and
administrative personnel with Brooklyn Center Police Department.
The user will place item(s) in the SafeKeeper FDC-007D Drying Cabinet, lock the
cabinet and activate the switch to initiate drying.
The duration of drying time will vary depending on the material being dried.
The key for the SafeKeeper FDC-007D Drying Cabinet will be placed into a small envelope
and that envelope will be sealed with clear tape or red evidence tape, dated and
initialed by the submitting officer.
The envelope containing the key will be placed into locker #10 in property intake. This key will
remain inside of the Brooklyn Center Police Department Property Room until the user contacts
the Property Technician or the Support Services Manager to receive the key back.
Keys to the SafeKeeper FDC-007D shall not be removed from the building without authorization
from administrative personnel with Brooklyn Center Police Department.
801.11.3 CARE
Department
It will be the responsibility of the Brooklyn Center Police Department to care and house the
SafeKeeper FDC-007D Drying Cabinet. Any required maintenance fees should be submitted to
the Northwest Metro Drug Task Force board for approval and/or reimbursement.
All efforts should be made to keep the interior and exterior clean.
Cleaning of the SafeKeeper FDC-007D Drying Cabinet will be the responsibility of the person
placing items within the cabinet. Upon removal of items, the cabinet should be inspected and
made clean and free of any debris.
A new paper liner will be used each time a biohazard item is placed in the drying lab.
The cabinet should be sanitized by the user after each biohazard drying use.
The Brooklyn Center Police Department will maintain the drying cabinet in a manner consistent
with the manufacturers guidelines and recommendations.
The SafeKeeper FDC-007D Drying Cabinet shall be kept in a secure area.
801.11.4 RECORDS MANAGEMENT

A log, either paper or electronic, shall be maintained by the Brooklyn Center Police
Department regarding the use of the FDC-007D Drying Cabinet. The records shall
include an agency case number, date, description, gross package weight and the
Officer’s name associated with the storage and/or use. Evidence processing practices
shall be adopted by the Brooklyn Center Police Department as the primary use
provider. The user will complete a log entry each time the drying lab is used.
801.11.5 POSSESSION
The Brooklyn Center Police Department has agreed to house the SafeKeeper FDC-007D Drying
Cabinet at their facility. Should the Brooklyn Center Police Department decide at any time to
discontinue its current membership with the Northwest Metro Drug Task Force, the matter of
possession will be decided by the Northwest Metro Drug Task Force board members.
Department
Records Division Procedures

The Support Services Supervisor shall maintain the Department Records Division Procedures
Manual on a current basis to reflect the procedures being followed within the Support Services.
Policies and procedures that apply to all employees of this department are contained in this
chapter.
802.1.1 NUMERICAL FILING SYSTEM

Case reports are filed numerically within the Support Services by Support Services personnel.
Reports are numbered commencing with the last two digits of the current year followed by a
sequential number beginning with 000001 starting at midnight on the first day of January of each
year. As an example, case number 10-000001 would be the first new case beginning January
1, 2010.
802.2 FILE ACCESS AND SECURITY

All reports including, but not limited to, initial, supplemental, follow-up, evidence, and all reports
related to a case shall be maintained in a secure area within the Support Services, accessible
only to authorized Support Services personnel. Access to report files after hours or when records
personnel are otherwise not available may be obtained through a supervisor.
802.2.1 ORIGINAL REPORTS

Original reports are maintained online by the Records Division. Any modifications need prior
approval of a supervisor.
802.3 RECORDS MANAGER TRAINING

The Support Services Supervisor shall receive training in records management, including proper
maintenance, retention and disposal of records and the proper release of records under the
Minnesota Government Data Practices Act (MGDPA).
802.4 FRONT DESK PROCEDURES
802.4.1 HOT FILE ENTRY

Hot file entry for stolen vehicles and missing person during business hours 8:00AM to
4:30PM
1. The officer will fill out and complete a hot file form.
2. The officer will give the hot file to the front desk Records Technician to enter into NCIC.
3. The front desk Records Technician will enter the hot file into NCIC without delay.
Hot file entry for stolen vehicles and missing person after business hours 4:30PM to
8:00AM
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Department
1. The officer will fill out and complete a hot file form.
2. The officer will fax the hot file form to the Hennepin County dispatch clerk.
3. The officer will detach the white copy of the hot file and place it in the Records IN BASKET
along with the fax confirmation. The officer will then place the yellow carbon copy in the Hot Files
bin up front.
4. Records will enter the actual report into RMS and front desk will put their entry into NCIC.
Confirm and remove a hot file during business hours 8:00AM to 4:30PM
1. If Hennepin County dispatch clerk or the requesting agency sends the front desk Records
Technician a hit confirmation request (YQ) the front desk Records Technician will check the hot
files folder to confirm the person or property. He or she will send a hit confirmation response (YR)
back to Hennepin County dispatch or the requesting agency.
2. After confirming the hit, the front desk Records Technician will then clear the hot file out of
NCIC, print all the hit confirmation messages and queries and attach all paperwork to the original
case pulled from the hot files folder.
3. The front desk Records Technician will then complete the locate/recovery portion of the
hot file.
4. The front desk Records Technician will then give all the paperwork to another Records
Technician to second party check and they will update the case in RMS and in Laserfiche.
5. If Hennepin County dispatch clerk or the requesting agency requests an officer to confirm
a hit, the officer may contact the front desk Records Technician to check the hot files folder to
confirm the hit or the officer may come into the police department to confirm it themselves.
6. After the hit is confirmed, the officer will need to take out the hot file from the folder and
complete the locate/recovery portion.
7. After the officer completes the locate/recovery portion of the hot file, he or she will give the
hot file to the front desk Records Technician to clear it out of NCIC.
8. The front desk Records Technician will then clear the hot file out of NCIC, print all the
hit confirmation messages and queries and attach all paperwork to the original case pulled from
the hot files folder.
9. The front desk Records Technician will then give all the paperwork to another Records
Technician to second party check and they will update the case in RMS and in Laserfiche.
Confirm a hot file after business hours 4:30PM to 8:00AM & Weekends
1. When a Hennepin County dispatch clerk or another agency requests a hit confirmation, the
officer must check the hot file folders to see if the person or property is still missing. If so, confirm
the hit with dispatch or the requesting agency.
Department
2. Fill out the locate/recovery portion of the hot file completely. The officer will obtain all
information such as the agency name, officer’s name, case number, location, date and time of
locate/recovery, circumstances, date and time when the owner or parent was notified, and date
and time of when dispatch cleared the hot file.
3. Notify the Hennepin County dispatch clerk to clear the hot file from NCIC.
4. After completing the locate/recovery portion, do not put the form back in the folder, leave
the form in the hot files bin for the front desk Records Technician.
Stolen articles & stolen guns
1. Do not request Hennepin County dispatch to enter any stolen articles or guns into NCIC
during or after business hours.
2. Complete a Brooklyn Center Police stolen article and gun form and attach it with your
report. The Records Technician that takes your report will give the form to the front desk Records
Technician to enter it into NCIC.
3. The front desk Records Technician will not enter any stolen articles or guns without a
completed form. Emailed or verbal requests to enter a stolen article will be directed to complete
a stolen article form.
Department
Restoration of Firearm Serial Numbers

The primary purpose for restoring firearm serial numbers is to determine the prior owners or origin
of the item from which the number has been recovered. Thus, property can be returned to rightful
owners or investigations can be initiated to curb illegal trade of contraband firearms. The purpose
of this policy is to develop standards, methodologies and safety protocols for the recovery of
obliterated serial numbers from firearms and other objects using procedures that are accepted as
industry standards in the forensic community. All personnel who are involved in the restoration of
serial numbers will observe the following guidelines.
803.2 PROCEDURE
Any firearm coming into the possession of the Brooklyn Center Police Department as evidence
and found property, where the serial numbers have been removed or obliterated, will be processed
in the following manner:
803.2.1 PRELIMINARY FIREARM EXAMINATION

(a) Always keep the muzzle pointed in a safe direction. Be sure the firearm is in
an unloaded condition. This includes removal of the ammunition source (e.g., the
detachable magazine, contents of the tabular magazine) as well as the chamber
contents.
(b) If the firearm is corroded shut or in a condition that would preclude inspection of the
chamber contents, treat the firearm as if it is loaded. Make immediate arrangements
for a firearms examiner or other qualified examiner to render the firearm safe.
(c) Accurately document the condition of the gun when received. Note the positions and
conditions of the various components, such as the safeties, cylinder, magazine, slide
and hammer. Accurately record/document cylinder chamber and magazine contents.
Package the ammunition separately.
(d) If the firearm is to be processed for fingerprints or trace evidence, it should be
processed before the serial number restoration is attempted. First record/document
important aspects, such as halos on the revolver cylinder face or other relevant
evidence that might be obscured by the fingerprinting chemicals.
803.2.2 PROPERTY BOOKING PROCEDURE

Any employee taking possession of a firearm with removed or obliterated serial numbers shall
book the firearm into property following standard procedures. The employee booking the firearm
shall indicate on the property form that serial numbers have been removed or obliterated.
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Department
Restoration of Firearm Serial Numbers

The property and evidence technician receiving a firearm when the serial numbers have been
removed or obliterated shall arrange for the firearm to be transported to the crime laboratory for
restoration.
803.2.4 DOCUMENTATION
Case reports should be prepared in order to document the chain of custody and the initial
examination and handling of evidence from the time it is received or collected until it is released.
This report must include a record of the manner in which and/or from whom the firearm was
received. This may appear on the request form or property form depending on the type of evidence.
803.2.5 FIREARM TRACE

After the serial number has been restored (or partially restored) by the crime
laboratory, a Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) National Tracing
Center(NTC) trace request form will be completed and submitted to the NTC or the data may be
entered into the ATF eTrace system.
803.3 OTHER CONSIDERATIONS

Exemplar bullets and cartridge cases from the firearm, depending upon acceptance criteria and
protocol, may be submitted to the ATF's National Integrated Ballistic Information Network (NIBIN),
which uses the Integrated Ballistic Identification System (IBIS) technology to search the national
database and compare with ballistic evidence recovered from other crime scenes.
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Department
Records Maintenance and Release

This policy provides guidance on the maintenance and release of department records. Protected
information is separately covered in the Protected Information Policy.
804.1.1 DEFINITIONS
Confidential Data on Individuals - Data classified as confidential by state or federal law and that
identifies individuals and cannot be disclosed to the public or even to the individual who is the
subject of the data (Minn. Stat. § 13.02, Subd. 3).
Corrections and Detention Data - Data on individuals created, collected, used or maintained
because of their lawful confinement or detainment in state reformatories, prisons and correctional
facilities, municipal or county jails, lockups, work houses, work farms and all other correctional
and detention facilities (Minn. Stat. § 13.85 Subd. 1).
Data on Individuals - All government data in which any individual is or can be identified as the
subject of that data, unless the appearance of the name or other identifying data can be clearly
demonstrated to be only incidental to the data and the data are not accessed by the name or other
identifying data of any individual (Minn. Stat. § 13.02, Subd. 5).
Government Data - Data collected, created, received, maintained or disseminated by
this department regardless of its physical form, storage media or conditions of use (Minn. Stat.
§ 13.02, Subd. 7).
Private Data - Data classified as private by state or federal law and that identifies individuals that
are only available to the individual who is the subject of the data or with the individual’s consent
(Minn. Stat. § 13.02, Subd. 12).
804.2 PUBLIC REQUESTS FOR RECORDS

The Department shall comply with Minnesota law regarding the management, retention, and
disposal of its records (Minn. Stat. § 15.17; Minn. Stat. § 138.17, Subd. 7). Requests shall be
routed through the Records Supervisor or designee.
The Department shall post or have available to the public a document that contains the basic
rights of a person who requests government data, the responsibilities of the Department, and the
cost of inspecting or obtaining copies (Minn. Stat. § 13.025).
Data created by the Department shall be subject to inspection and release pursuant to lawful
requests consistent with the Minnesota Government Data Practices Act (MGDPA) requirements
(Minn. Stat. § 13.03, Subd. 1). Public requests for data of this department shall be processed as
follows:
804.2.1 PROCESSING OF REQUESTS
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Department
Any member of the public, including the media and elected officials, may access public data of
this department by submitting a written and signed request for each record sought and paying
any associated fees. A person shall be permitted to inspect and copy public government data at
reasonable times and places and shall be informed of the data's meaning if requested (Minn. Stat.
§ 13.03, Subd. 3).
The Department may not charge or require the requesting person to pay a fee to inspect data. A
fee may be charged for remote access to data where either the data or the access is enhanced
at the request of the person seeking access (Minn. Stat. § 13.03).
The processing of requests is subject to the following:
(a) The Support Services Supervisor or designee processing the request shall determine
if the requested data is available and, if so, whether the data is restricted from release.
The Support Services Supervisor or designee shall inform the requesting person of
the determination either orally at the time of the request or in writing as soon after that
time as reasonably possible. The Support Services Supervisor or designee shall cite
the specific statutory section, temporary classification, or specific provision of state or
federal law on which the determination is based (Minn. Stat. § 13.03, Subd. 3 (f)).
(b) Inspection includes, but is not limited to, the visual inspection of paper and similar
types of government data. Inspection does not include printing copies, unless printing
a copy is the only method to provide for inspection of the data (Minn. Stat. § 13.03,
Subd. 3 (b)).
(c) For data stored and made available in electronic form via remote access, public
inspection includes allowing remote access by the public to the data and the ability to
print copies or download the data (Minn. Stat. § 13.03, Subd. 3 (b)).
(d) The Department shall provide copies of public data upon request (Minn. Stat. § 13.03,
Subd. 3(c)).
(e) Government data maintained by this department using a computer storage medium
shall be provided in that medium in electronic form, if a copy can be reasonably made.
The Department is not required to provide the data in an electronic format or program
that is different from the format or program in which the data is maintained (Minn. Stat.
§ 13.03, Subd. 3 (e)).
(f) The Department shall not be required to create records that do not otherwise exist.
However, existing records may be copied in such a manner as to provide the
requesting party with unrestricted portions of any data.
(g) Requests by elected officials for records that are not open to public inspection should
be referred to the Investigative Division Commander for a determination as to whether
the records will be released.
Department
804.3 REPORT RELEASE RESTRICTIONS

The Department may temporarily withhold response or incident data from public access when
a reasonable belief exists that public access would likely endanger the physical safety of an
individual or cause a perpetrator to flee, evade detection, or destroy evidence. Upon request the
Department shall provide a statement that explains the necessity for withholding the information
(Minn. Stat. § 13.82 Subd. 14).
Absent a court order or other statutory authority, data shall be made public subject to the following
restrictions:
804.3.1 GENERAL CASE AND CRIME REPORTS

Data containing any of the items listed below will not be released to the extent that it may reveal
any of the following data. In such cases, reports or records shall be redacted prior to release to
protect the not public status of the data. (Minn. Stat. § 13.82 Subd. 17):
(a) Victim Information - Victims of crimes who have requested that their identifying
information be kept not public, victims who are minors, and victims of certain offenses
shall not be made public.
(b) Confidential Information - Information involving confidential informants, information
that would endanger the safety of any person involved, or information that would
endanger the successful completion of the investigation or a related investigation shall
not be made public when access to the data would reveal the identity of:
1. An undercover law enforcement officer.
2. A victim or alleged victim of criminal sexual conduct.
3. A paid or unpaid informant if the Department reasonably believes revealing the
identity would threaten the personal safety of the informant.
4. A person who placed a call to a 9-1-1 system or the identity of the person whose
phone was used to place a call to the 9-1-1 system when revealing the identity
may threaten the personal safety or property of any person or the purpose of
the call was to receive help in a mental health emergency. A voice recording of
a call placed to the 9-1-1 system is deemed to reveal the identity of the caller.
5. A juvenile witness when the subject matter of the investigation justifies protecting
the identity of the witness.
6. A mandated reporter.
(c) General Information - Absent statutory exemption to the contrary or other lawful
reason to deem data from reports confidential, information from unrestricted agency
reports shall be made public upon proper request.
The Department shall establish procedures to acquire the data and make the decisions necessary
to protect the identity of individuals whose information is protected pursuant to Minnesota law.
Department
804.3.2 RESPONSE OR INCIDENT RECORDS

Response or incident reports created by this department documenting either a response to a call
for service or self-initiated actions taken by an officer shall be released to the public unless the
release of the data would reveal the identity of protected individuals (Minn. Stat. § 13.82 Subd. 6).
804.3.3 CRIMINAL INVESTIGATION RECORDS

Criminal investigative data involving active cases shall not be released absent a court order
unless otherwise authorized by statute (Minn. Stat. § 13.82 Subd. 7). Inactive investigative data
shall be released to the public unless the release of the data would jeopardize another ongoing
investigation or would reveal the identity of protected individuals or is otherwise restricted (Minn.
Stat. § 13.82 Subd. 7).
804.3.4 ARREST REPORTS

Arrest data shall be accessible pursuant to Minn. Stat. § 13.82 Subd. 2. Arrestee data shall be
subject to release in the same manner as data contained in other reports as set forth above.
The following data created or collected by this department documenting any actions taken to cite,
arrest, incarcerate, or otherwise substantially deprive an adult individual of liberty shall be public
at all times:
(a) Time, date and place of the action.
(b) Any resistance encountered by the Department.
(c) Any pursuit engaged in by the Department.
(d) Whether any weapons were used by the Department or other individual.
(e) The charge, arrest or search warrants, or other legal basis for the action.
(f) The identities of the agencies, units within the agencies, and individual persons taking
the action.
(g) Whether and where the individual is being held in custody or is being incarcerated by
the Department.
(h) The date, time, and legal basis for any transfer of custody and the identity of the agency
or person who received custody.
(i) The date, time, and legal basis for any release from custody or incarceration.
(j) The name, age, sex, and last known address of an adult person or the age and sex of
any juvenile person cited, arrested, incarcerated, or otherwise substantially deprived
of liberty.
(k) Whether the Department employed wiretaps or other eavesdropping techniques,
unless the release of this specific data would jeopardize an ongoing investigation.
Department
(l) The manner in which the Department received the information that led to the arrest,
and the names of individuals who supplied the information unless the identities of
those individuals qualify for protection under Minn. Stat. § 13.82 Subd. 17.
(m) Response or incident report number.
(n) Booking photographs.
In addition to the restrictions stated above, all requests from criminal defendants and their
authorized representatives, including attorneys, made pursuant to the Minnesota Rules of Criminal
Procedure or as discovery in a criminal prosecution, shall be referred to the City Attorney.
State criminal history information including, but not limited to, arrest history and disposition,
fingerprints, and booking photos shall only be subject to release to those agencies and individuals
as prescribed by law (Minn. Stat. 13.87).
804.3.5 CORRECTIONS AND DETENTION DATA

Corrections and detention data is private unless the data are summary data or arrest data or a
statute specifically provides a different classification. Corrections and detention data on individuals
are classified as private pursuant to Minn. Stat. § 13.02 Subd. 12, to the extent that the release
of the data would either disclose medical, psychological, or financial information, or personal
information not related to their lawful confinement or detainment, or endanger an individual's life
(Minn. Stat. § 13.85 Subd. 2).
Corrections and detention data are confidential, pursuant to Minn. Stat. § 13.02 Subd. 3, to the
extent that release of the data would endanger an individual's life, endanger the effectiveness of
an investigation authorized by statute, and relating to the enforcement of rules or law, identify a
confidential informant or clearly endanger the security of any institution or its population (Minn.
Stat. § 13.85 Subd. 3).
Corrections and detention are public data after any presentation to a court; any data made private
or confidential by Minn. Stat. § 13.85 shall be public to the extent reflected in court records (Minn.
Stat. § 13.85 Subd. 4).
The responsible authority or its designee of any agency that maintains corrections and detention
data may release private or confidential corrections and detention data to any law enforcement
agency, if necessary for law enforcement purposes, or to the victim of a criminal act where the
data are necessary for the victim to assert the victim's legal right to restitution (Minn. Stat. § 13.85
Subd. 5).
804.3.6 TRAFFIC COLLISION REPORTS

Traffic collision reports and related supplemental reports shall be considered not public and subject
to release only to other law enforcement agencies, involved individuals, and their authorized
representatives (Minn. Stat. § 169.09 Subd. 13).
A traffic collision report shall be released to a person who provides two or more of the following
items in addition to any fee required:
Department
(a) The date of the collision.

(b) The specific address or the highway or street.
(c) The name of any person involved in the collision.
804.3.7 JUVENILE RECORDS

Juvenile records and data shall be maintained, secured, and released as required by Minn. Stat.
§ 260B.171.
804.3.8 PERSONNEL RECORDS

The following personnel data regarding an employee of this department is public data unless the
person is currently assigned to undercover operations (Minn. Stat. § 13.43 Subd. 2 Subd. 5):
(a) Name, employee identification number, and some aspects of compensation.
(b) Job title, bargaining unit, job description, education and training background, and
previous work experience.
(c) Date of first and last employment.
(d) Existence and status of any complaints or charges against the employee, regardless
of whether the complaint or charge resulted in a disciplinary action.
(e) Final disposition of any disciplinary action together with the specific reasons for the
action, and data documenting the basis of the action, excluding data that would identify
confidential sources who are employees of this department.
(f) Terms of any agreement settling any dispute arising out of an employment
relationship.
(g) Work location, work telephone number, badge number, and honors and awards
received.
(h) Time sheets or other comparable data only used to account for an employee's work
time for payroll purposes, excluding the use of sick or other medical leave or other
not public data.
All other personnel data regarding employees of this department are private data and may only
be released as authorized by that classification (Minn. Stat. § 13.43 Subd. 4).
804.4 OTHER RECORDS

Any other record not addressed in this policy shall not be subject to release where such record is
classified as other than public data. All public data shall be released as required by the MGDPA
(Minn. Stat. § 13.03 Subd. 1).
The Department may temporarily withhold data classified as public if it is reasonably determined
that public access would likely endanger the physical safety of in individual or cause a perpetrator
to flee, evade detection, or destroy evidence (Minn. Stat. 13.82 Subd. 14).
Department
Any data that was created under the direction or authority of the City Attorney exclusively
in anticipation of potential litigation involving this department shall be classified as protected
nonpublic or confidential data while such action is pending (Minn. Stat. 13.39).
804.4.1 PERSONAL IDENTIFYING INFORMATION

Employees shall not access, use or disclose personal identifying information, including an
individual's photograph, social security number, driver identification number, name, address,
telephone number, and the individual's medical or disability information, which is contained in any
driver license record, motor vehicle record, or any department record except as authorized by the
Department and only when such use or disclosure is permitted or required by law to carry out a
legitimate law enforcement purpose (18 USC § 2721 and 18 USC § 2722).
804.5 SUBPOENA DUCES TECUM

Any Subpoena Duces Tecum or discovery request should be promptly provided to a supervisor for
review and processing. While a Subpoena Duces Tecum may ultimately be subject to compliance,
it is not an order from the court that will automatically require the release of the requested data.
All questions regarding compliance with any Subpoena Duces Tecum should be promptly referred
to legal counsel for the Department so that a timely response can be prepared.
804.6 RELEASED RECORDS TO BE STAMPED

Any record released pursuant to a Subpoena Duces Tecum shall be certified as a true and correct
copy of the record of this department.
804.7 PRIVACY AND SECURITY OF RECORDS

Records such as offense reports, arrest reports, juvenile records, or other sensitive records shall
be secured in such a manner as to reasonably protect them from unauthorized disclosure.
804.8 POLICY
The Brooklyn Center Police Department is committed to providing public access to records and
data in a manner that is consistent with the Minnesota Government Data Practices Act (MGDPA)
and Official Records Act (Minn. Stat. § 13.03; Minn. Stat. § 15.17).
804.9 MAINTENANCE OF CLOSED RECORDS

Records such as offense reports, arrest reports, juvenile records or other sensitive records shall
be secured in such a manner as to reasonably protect them from unauthorized disclosure. Closed
records shall be kept separate from public records and shall remain confidential.
804.10 EXPUNGEMENT
A petition for expungement and expungement orders received by the Department shall be
reviewed for appropriate action by the Custodian of Records.
Department
804.10.1 PETITION FOR EXPUNGEMENT

When responding to a petition for expungement, the Custodian of Records shall inform the court
and the individual seeking expungement that the response contains private or confidential data
(Minn. Stat. § 609A.03, Subd. 3).
804.10.2 ORDERS OF EXPUNGEMENT

The Custodian of Records shall expunge such records as ordered by the court. Records may
include, but are not limited to, a record of arrest, investigation, detention or conviction. Once
expunged, members shall respond to any inquiry as though the record did not exist.
Upon request by the individual whose records are to be expunged, the Custodian of Records must
send a letter at an address provided by the individual confirming the receipt of the expungement
order and that the record has been expunged (Minn. Stat. § 609A.03, Subd. 8).
Expunged records may be opened only by court order (Minn. Stat. § 609A.03, Subd. 7).
Expunged records of conviction may be opened for purposes of evaluating a prospective employee
of the Department without a court order.
The Custodian of Records shall inform any law enforcement, prosecution or corrections authority,
upon request, of the existence of a sealed record and of the right to obtain access to it.
804.11 SUBPOENAS AND DISCOVERY REQUESTS

Any member who receives a subpoena duces tecum or discovery request for data should promptly
contact a supervisor and the Custodian of Records for review and processing. While a subpoena
duces tecum may ultimately be subject to compliance, it is not an order from the court that will
automatically require the release of the requested data.
Generally, discovery requests and subpoenas from criminal defendants and their authorized
representatives (including attorneys) should be referred to the County Attorney, City Attorney or
the courts.
All questions regarding compliance with any subpoena duces tecum or discovery request should
be promptly referred to legal counsel for the Department so that a timely response can be
prepared.
804.12 RELEASED RECORDS TO BE MARKED

Each page of any written record released pursuant to this policy should be stamped in a colored
ink or otherwise marked to indicate the department name and to whom the record was released.
Each audio/video recording released shall include the department name and to whom the record
was released.
804.13 RELEASE RESTRICTIONS

Example of release restrictions include:
Department
(a) Personal identifying information, including an individual’s photograph; Social Security

and driver identification numbers; name, address and telephone number; and medical
or disability information that is contained in any driver’s license record, motor vehicle
record or any department record, including traffic collision reports, is restricted except
as authorized by the Department, and only when such use or disclosure is permitted
or required by law to carry out a legitimate law enforcement purpose (18 USC § 2721;
18 USC § 2722).
(b) Private data on the following individuals (Minn. Stat. § 13.82, Subd. 17):
1. An undercover law enforcement officer.
2. A victim or alleged victim of criminal sexual conduct, or sex trafficking, or of a
violation of Minn. Stat. § 617.246, Subd. 2.
3. A paid or unpaid informant if the Department reasonably believes revealing the
identity would threaten the personal safety of the informant.
4. A victim of or witness to a crime if the victim or witness specifically requests
not to be identified publicly, unless the Department reasonably determines that
revealing the identity of the victim or witness would not threaten the personal
safety or property of the individual.
5. A person who placed a call to a 9-1-1 system or the identity of the person whose
phone was used to place a call to the 9-1-1 system when revealing the identity
may threaten the personal safety or property of any person or the purpose of
the call was to receive help in a mental health emergency. A voice recording of
a call placed to the 9-1-1 system is deemed to reveal the identity of the caller.
6. A juvenile witness when the subject matter of the investigation justifies protecting
the identity of the witness.
7. A mandated reporter.
(c) Audio recordings of calls placed to the 9-1-1 system requesting law enforcement, fire
or medical agency response, except that a written transcript of the call is public unless
it reveals the identity of protected individuals. (Minn. Stat. § 13.82, Subd. 4).
(d) Criminal investigative data involving active cases and inactive investigative data (Minn.
Stat. § 13.82, Subd. 7):
1. If the release of the data would jeopardize another ongoing investigation or
would reveal the identity of protected individuals or is otherwise restricted.
2. Images and recordings, including photographs, video and audio records that are
clearly offensive to common sensibilities. However, the existence of any such
image or recording shall be disclosed.
3. As otherwise restricted by law.
(e) Juvenile records and data (Minn. Stat. § 260B.171).
(f) State criminal history data held in the Bureau of Criminal
Apprehension (BCA) database including, but not limited to, fingerprints, photographs,
Department
identification data, arrest data, prosecution data, criminal court data, custody and
supervision data (Minn. Stat. § 13.87).
(g) Traffic collision reports and related supplemental information (Minn. Stat. § 169.09,
Subd. 13).
(h) Corrections and detention data (Minn. Stat. § 13.85).
(i) Personnel data except, unless otherwise restricted, (Minn. Stat. § 13.43, Subd. 2):
1. Name, employee identification number and some aspects of compensation.
2. Job title, bargaining unit, job description, education and training background and
previous work experience.
3. Date of first and last employment.
4. Existence and status of any complaints or charges against the employee,
regardless of whether the complaint or charge resulted in a disciplinary action.
5. Final disposition of any disciplinary action together with the specific reasons for
the action, and data documenting the basis of the action, excluding data that
would identify confidential sources who are employees of this department.
6. Terms of any agreement settling any dispute arising out of an employment
relationship.
7. Work location, work telephone number, badge number and honors and awards
received.
8. Time sheets or other comparable data only used to account for an employee's
work time for payroll purposes, excluding the use of sick or other medical leave
or other nonpublic data.
9. All other personnel data regarding employees of this department are private data
and may only be released as authorized by that classification.
(j) Any data that was created under the direction or authority of the City Attorney
exclusively in anticipation of potential litigation involving this department shall be
classified as protected nonpublic or confidential data while such action is pending
(Minn. Stat. § 13.39).
(k) All data collected by an Automated License Plate Reader (ALPR) on individuals or
nonpublic data absent an exception (Minn. Stat. § 13.82; Minn. Stat. § 13.824).
(l) Response or incident data, so long as the Custodian of Records determines that public
access would likely endanger the physical safety of an individual or cause a perpetrator
to flee, evade detection or destroy evidence (Minn. Stat. § 13.82, Subd. 14).
Any other record not addressed in this policy shall not be subject to release where such record is
classified as other than public data. All public data shall be released as required by the MGDPA
(Minn. Stat. § 13.03, Subd. 1).
Department
804.14 PROCESSING REQUESTS FOR PUBLIC RECORDS

Any department member who receives a request for data shall route the request to the Custodian
of Records or the authorized designee.
804.14.1 REQUESTS FOR RECORDS

The processing of requests for data is subject to the following:
(a) A person shall be permitted to inspect and copy public government data upon request
at reasonable times and places and shall be informed of the data's meaning if
requested (Minn. Stat. § 13.03, Subd. 3).
1. The Department may not charge or require the requesting person to pay a fee
to inspect data. Inspection includes, but is not limited to, the visual inspection of
paper and similar types of government data. Inspection does not include printing
copies, unless printing a copy is the only method to provide for inspection of the
data (Minn. Stat. § 13.03, Subd. 3(b)).
2. For data stored and made available in electronic form via remote access, public
inspection includes allowing remote access by the public to the data and the
ability to print copies or download the data. A fee may be charged for remote
access to data where either the data or the access is enhanced at the request
of the person seeking access (Minn. Stat. § 13.03, Subd. 3(b)).
(b) Government data maintained by this department using a computer storage medium
shall be provided in that medium in electronic form, if a copy can be reasonably made.
The Department is not required to provide the data in an electronic format or program
that is different from the format or program in which the data is maintained (Minn. Stat.
§ 13.03, Subd. 3 (e)).
(c) The Department is not required to create records that do not exist.
(d) The Custodian of Records or designee processing the request shall determine if the
requested data is available and, if so, whether the data is restricted from release or
denied. The Custodian of Records or designee shall inform the requesting person of
the determination either orally at the time of the request or in writing as soon after
that time as reasonably possible. The Custodian of Records or designee shall cite
the specific statutory section, temporary classification or specific provision of state
or federal law on which the determination is based. Upon the request of any person
denied access to data, the denial shall be certified in writing (Minn. Stat. § 13.03,
Subd. 3 (f)).
(e) When a record contains data with release restrictions and data that is not subject to
release restrictions, the restricted data shall be redacted and the unrestricted data
released.
1. A copy of the redacted release should be maintained in the case file for proof
of what was actually released and as a place to document the reasons for
the redactions. If the record is audio or video, a copy of the redacted audio/
video release should be maintained in the department-approved media storage
system and a notation should be made in the case file to document the release
and the reasons for the redacted portions.
Department
804.15 CUSTODIAN OF RECORDS RESPONSIBILITIES

The Chief of Police shall designate a Custodian of Records The responsibilities of the Custodian
of Records include, but are not limited to:
(a) Managing the records management system for the Department, including the
retention, archiving, release and destruction of department data (Minn. Stat. § 15.17;
Minn. Stat. § 138.17, Subd. 7).
(b) Maintaining and updating the department records retention schedule including:
1. Identifying the minimum length of time the Department must keep data.
2. Identifying the department division responsible for the original data.
(c) Establishing rules regarding the inspection and copying of department data as
reasonably necessary for the protection of such data.
(d) Identifying data or portions of data that are confidential under state or federal law and
not open for inspection or copying.
(e) Establishing rules regarding the processing of subpoenas for the production of data.
(f) Ensuring a current schedule of fees for public data as allowed by law is available.
(g) Ensuring the posting or availability to the public a document that contains the
basic rights of a person who requests government data, the responsibilities of
the Department and any associated fees (Minn. Stat. § 13.025).
(h) Ensuring data created by the Department is inventoried and subject to inspection and
release pursuant to lawful requests consistent with the MGDPA requirements (Minn.
Stat. § 13.03, Subd. 1).
Department
Protected Information
The purpose of this policy is to provide guidelines for the access, transmission, release and
security of protected information by members of the Brooklyn Center Police Department. This
policy addresses the protected information that is used in the day-to-day operation of the
Department and not the government data information covered in the Records Maintenance and
Release Policy.
805.1.1 DEFINITIONS
Protected information - Any information or data that is collected, stored or accessed by members
of the Brooklyn Center Police Department and is subject to any access or release restrictions
imposed by law, regulation, order or use agreement. This includes all information contained in
federal, state or local law enforcement databases that is not accessible to the public.
805.2 POLICY
Members of the Brooklyn Center Police Department will adhere to all applicable laws, orders,
regulations, use agreements and training related to the access, use, dissemination and release
of protected information.
The Chief of Police shall select a member of the Department to coordinate the use of protected
information (Minn. Stat. § 13.05, Subd. 13).
The responsibilities of this position include, but are not limited to:
(a) Ensuring member compliance with this policy and with requirements applicable to
protected information, including requirements for the National Crime Information
Center (NCIC) system, the National Law Enforcement Telecommunications System
(NLETS), Minnesota Division of Driver and Vehicle Services (DVS) records, Minnesota
Bureau of Criminal Apprehension (BCA) and the Minnesota Comprehensive Incident-
Based Reporting System (CIBRS).
(b) Developing, disseminating and maintaining procedures that adopt or comply with the
U.S. Department of Justice’s current Criminal Justice Information Services (CJIS)
Security Policy.
(c) Developing, disseminating and maintaining any other procedures necessary to comply
with any other requirements for the access, use, dissemination, release and security
of protected information.
(d) Developing procedures to ensure training and certification requirements are met.
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Department
(e) Resolving specific questions that arise regarding authorized recipients of protected
information.
(f) Ensuring security practices and procedures are in place to comply with requirements
applicable to protected information.
(g) Ensuring a comprehensive security assessment of any personal information
maintained by the Brooklyn Center Police Department is conducted at least annually
(Minn. Stat. § 13.055, Subd. 6).
(h) Ensuring CIBRS is notified within 10 days that an investigation in CIBRS has become
inactive (Minn. Stat. § 299C.40).
805.4 ACCESS TO PROTECTED INFORMATION

Protected information shall not be accessed in violation of any law, order, regulation, user
agreement, Brooklyn Center Police Department policy or training (Minn. Stat. § 13.09). Only those
members who have completed applicable training and met any applicable requirements, such
as a background check, may access protected information, and only when the member has a
legitimate work-related reason for such access (Minn. Stat. § 13.05; Minn. Stat. § 299C.40).
Unauthorized access, including access for other than a legitimate work-related purpose, is
prohibited and may subject a member to administrative action pursuant to the Personnel
Complaints Policy and/or criminal prosecution.
805.5 RELEASE OR DISSEMINATION OF PROTECTED INFORMATION

Protected information may be released only to authorized recipients who have both a right to know
and a need to know.
A member who is asked to release protected information that should not be released should
refer the requesting person to a supervisor or to the Support Services Supervisor for information
regarding a formal request.
Unless otherwise ordered or when an investigation would be jeopardized, protected information
maintained by the Department may generally be shared with authorized persons from other law
enforcement agencies who are assisting in the investigation or conducting a related investigation.
Any such information should be released through the Support Services to ensure proper
documentation of the release (see the Records Maintenance and Release Policy).
Protected information, such as Criminal Justice Information (CJI), which includes Criminal History
Record Information (CHRI), should generally not be transmitted by radio, cellular telephone or any
other type of wireless transmission to members in the field or in vehicles through any computer or
electronic device, except in cases where there is an immediate need for the information to further
an investigation or where circumstances reasonably indicate that the immediate safety of officers,
other department members or the public is at risk.
Nothing in this policy is intended to prohibit broadcasting warrant information.
Department
805.5.1 REVIEW OF CHRI

Members of this department shall refer individuals seeking access to CHRI to the Minnesota BCA
(Minn. Stat. § 13.87, Subd. 1(b)).
805.5.2 REVIEW OF CIBRS DATA

An individual who is the subject of private data held by CIBRS may request access to the data by
making a request to the Support Services Supervisor. If the request is to release the data to a third
party, the individual who is the subject of private data must appear in person at the Department
to give informed consent to the access or release.
Private data provided to the individual must also include the name of the law enforcement agency
that submitted the data to CIBRS and the name, telephone number and address of the agency
responsible for the data.
A person who is the subject of private data may challenge the data. The Support Services
Supervisor shall review the challenge and determine whether the data should be completed,
corrected or destroyed. The corrected data must be submitted to CIBRS and any future
dissemination must be of the corrected data.
The Support Services Supervisor must notify BCA as soon as reasonably practicable whenever
data held by CIBRS is challenged. The notification must identify the data that was challenged and
the subject of the data.
805.6 SECURITY OF PROTECTED INFORMATION

The Chief of Police will select a member of the Department to oversee the security of protected
information.
The responsibilities of this position include, but are not limited to:
(a) Developing and maintaining security practices, procedures and training.
(b) Ensuring federal and state compliance with the CJIS Security Policy and the
requirements of any state or local criminal history records systems.
(c) Establishing procedures to provide for the preparation, prevention, detection, analysis
and containment of security incidents including computer attacks.
(d) Tracking, documenting and reporting all breach of security incidents to the Chief of
Police and appropriate authorities.

Members accessing or receiving protected information shall ensure the information is not
accessed or received by persons who are not authorized to access or receive it. This includes
leaving protected information, such as documents or computer databases, accessible to others
when it is reasonably foreseeable that unauthorized access may occur (e.g., on an unattended
table or desk; in or on an unattended vehicle; in an unlocked desk drawer or file cabinet; on an
unattended computer terminal).
Department
805.7 TRAINING
All members authorized to access or release protected information shall complete a training
program that complies with any protected information system requirements and identifies
authorized access and use of protected information, as well as its proper handling and
dissemination.
Department
Computers and Digital Evidence

This policy establishes procedures for the seizure and storage of computers, personal
communications devices (PCDs) digital cameras, digital recorders and other electronic devices
that are capable of storing digital information; and for the preservation and storage of digital
evidence. All evidence seized and/or processed pursuant to this policy shall be done so in
compliance with clearly established Fourth Amendment and search and seizure provisions.
806.2 SEIZING COMPUTERS AND RELATED EVIDENCE

Computer equipment requires specialized training and handling to preserve its value as evidence.
Officers should be aware of the potential to destroy information through careless or improper
handling, and utilize the most knowledgeable available resources. When seizing a computer and
accessories the following steps should be taken:
(a) Photograph each item, front, back and surrounding desktop or office setup, specifically
including cable connections to other items. Look for a telephone line or cable to a
modem for Internet access.
(b) Do not overlook the possibility of the presence of physical evidence on and around
the hardware relevant to the particular investigation such as fingerprints, biological or
trace evidence and/or documents.
(c) If the computer is off, do not turn it on.
(d) If the computer is on, do not shut it down normally and do not click on anything or
examine any files.
1. Photograph the screen, if possible, and note any programs or windows that
appear to be open and running.
2. Disconnect the power cable from the back of the computer box or if a portable
notebook style, disconnect any power cable from the case and remove the
battery.
(e) Label each item with case number, evidence sheet number and item number.
(f) Handle and transport the computer and storage media (e.g., tape, discs, memory
cards, flash memory, external drives) with care so that potential evidence is not lost.
(g) Lodge all computer items into the Property Room. Do not store computers where
normal room temperature and humidity is not maintained.
(h) At minimum, officers should document the following in related reports:
1. Where the computer was located and whether it was in operation.
2. Who was using it at the time.
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Department
3. Who claimed ownership.

4. If it can be determined, how it was being used.
(i) In most cases when a computer is involved in criminal acts and is in the possession of
the suspect, the computer itself and all storage devices (e.g., printers, remote drives,
hard drives, tape drives and disk drives) should be seized along with all media.
806.2.1 BUSINESS OR NETWORKED COMPUTERS

If the computer belongs to a business or is part of a network, it may not be feasible to seize
the entire computer. Cases involving networks require specialized handling. Officers should
contact a certified forensic computer examiner, the supervisor, or Hennepin County Crime Lab for
instructions or a response to the scene. It may be possible to perform an on-site inspection or to
image the hard drive only of the involved computer. This should be done by someone specifically
trained in processing computers for evidence.
806.2.2 FORENSIC EXAMINATION OF COMPUTERS

If an examination of the contents of the computer’s hard drive, floppy disks, compact discs or any
other storage media is required, forward the following items to a computer forensic examiner:
(a) Copy of report(s) involving the computer, including the Evidence/Property sheet.
(b) Copy of a consent to search form signed by the computer owner or the person in
possession of the computer, or a copy of a search warrant authorizing the search of
the computer hard drive for evidence relating to investigation or other legal authority
for examination.
(c) A listing of the items to search for (e.g., photographs, financial records, E-mail,
documents).
(d) A forensic copy of the media will be made, and subsequent forensic examination of
the copy will be conducted by a trained digital forensic examiner.
806.3 SEIZING DIGITAL STORAGE MEDIA

Digital storage media including hard drives, floppy discs, CDs, DVDs, tapes, memory cards or flash
memory devices should be seized and stored in a manner that will protect them from damage.
(a) If the media has a write-protection tab or switch, it should be activated.
(b) Do not review, access or open digital files prior to submission. If the information is
needed for immediate investigation request the Property Room to copy the contents
to an appropriate form of storage media.
(c) Many kinds of storage media can be erased or damaged by magnetic fields. Keep
all media away from magnetic devices, electric motors, radio transmitters or other
sources of magnetic fields.
Department
(d) Do not leave storage media where they would be subject to excessive heat such as
in a parked vehicle on a hot day.
(e) Use plastic cases designed to protect the media, or other protective packaging, to
prevent damage.
806.4 SEIZING PCDS

Personal communication devices such as cellular telephones, PDAs or other hand-held devices
connected to any communication network must be handled with care to preserve evidence that
may be on the device including messages, stored data and/or images.
(a) Officers should not attempt to access, review or search the contents of such devices
prior to examination by a forensic expert. Unsent messages can be lost, data can be
inadvertently deleted and incoming messages can override stored messages.
(b) Do not turn the device on or off. The device should be placed in a solid metal container
such as a paint can or in a Faraday bag, to prevent the device from sending or receiving
information from its host network.
(c) When seizing the devices, also seize the charging units and keep them plugged in
to the chargers until they can be examined. If the batteries go dead all the data may
be lost.
806.5 DIGITAL EVIDENCE RECORDED BY OFFICERS

Officers handling and submitting recorded and digitally stored evidence from digital cameras,
audio/video recorders, USB drives or other devices will comply with these procedures to ensure
the integrity and admissibility of such evidence.
806.5.1 COLLECTION OF DIGITAL EVIDENCE

The approved method of collecting digital images for evidence is with department issued
equipment. Officers are discouraged from taking digital evidence with personally owned
equipment.
Once evidence is recorded it shall not be erased, deleted or altered in any way prior to
submission. All photographs taken will be preserved regardless of quality, composition or
relevance. Video and audio files will not be altered in any way.
When collecting digital evidence such as video files employees should download a copy of the
evidence while on scene. In the event that video evidence cannot be immediately obtained
(employees cannot operate the system, no manager on duty etc.) employees are encouraged to
take a video of the pertinent portions of the incident using either their department issued smart
phone or digital camera.
If audio/video is not immediately available employees should request notification as soon as video
evidence is available to be downloaded. Nothing in this policy should preclude an employee from
Department
accepting a copy of the evidence on a businesses or citizen’s privately owned recording device
such as a USB Drive or disc.
Once evidence is recorded it shall not be erased, deleted or altered in any way prior to
submission. All photographs taken will be preserved regardless of quality, composition or
relevance. Video and Audio files will not be altered in any way.
806.5.2 SUBMISSION OF DIGITAL MEDIA

The following are required procedures for the evidentiary submission of digital media used by
cameras or other devices:
(a) The recording device (e.g. smart card, USB Drive, compact flash card, or any other
device) shall be transferred onto a disc by the inventorying department member.
Department members should use a disc that is closest in size to the recorded media.
(b) Upon transfer of the recorded media onto a disc the inventorying department member
shall verify the digital file was successfully transferred onto the disc. The department
member shall then property inventory the disc.
(c) After successful transfer has been verified the department member shall delete the
digital file from the smart card, USB Drive, compact flash card or other device.
(d) Officers are not authorized to copy memory cards. The property technician and
support services manager are the only employees authorized to copy and/or distribute
digital media made from the memory cards.
(e) As soon as reasonably possible following the collection of evidence, any images
collected on a digital camera should be download onto the network.
806.5.3 DOWNLOADING OF DIGITAL FILES

Digital information such as video or audio files recorded on devices using internal memory must
be downloaded to storage media. The following procedures are to be followed:
(a) Files should not be opened or reviewed prior to downloading and storage.
(b) Where reasonably possible, the device should be connected to a computer and the
files accessed directly from the computer directory or downloaded to a folder on the
host computer for copying to the storage media.
806.5.4 PRESERVATION OF DIGITAL EVIDENCE

(a) Only evidence technicians are authorized to copy original digital media related to case
documentation that is held as evidence. Only digital forensic examiners are authorized
to copy original media seized as evidence. The original digital media shall remain in
evidence and shall remain unaltered.
(b) Digital images that are enhanced to provide a better quality photograph for
identification and investigative purposes must only be made from a copy of the original
media.
Department
(c) If any enhancement is done to the copy of the original, it shall be noted in the
corresponding incident report.
Department
Animal Control
The purpose of this policy is to establish guidelines for interacting with animals and responding
to calls for service that involve animals.
807.2 COMMUNITY OFFICER RESPONSIBILITIES

The CSOs are primarily responsible for enforcing local, state, and federal laws relating to animals
and for appropriately resolving or referring animal problems as outlined in this policy (Minn. Stat.
§ 343.20 Subd. 5.

In the absence of a CSO, Officers may be dispatched to animal-related calls and should take
appropriate actions to control the situation. Due to potential hazzards officers should attempt to
obtain the proper equipment when possible prior to their action. The following are examples of
when an officer may have to act:
(a) When there is a threat to the public safety.
(b) When an animal has bitten someone, officers should take measures to confine the
animal and prevent further injury.
(c) When an animal is creating a traffic hazard.
(d) When the owner/handler has been arrested, and there is no other alternative
placement for the animal.
(e) When an animal is gravely injured.
An officer may remove, shelter, and care for any animal that is not properly sheltered from cold,
heat, or inclement weather, or any animal not properly fed and watered or provided with suitable
food and drink, in circumstances that threaten the life of the animal (Minn. Stat. § 343.29 Subd.
1). The animal may be euthanized following a determination by a doctor of veterinary medicine
that the animal is suffering and is beyond cure through reasonable care and treatment (Minn. Stat.
§ 343.29 Subd. 2).
Officers shall not enter a facility where farm animals are confined unless they follow a procedure
and directive for biosecurity measures identified by the Board of Animal Health (Minn. Stat. §
17.986).
807.3.1 ANIMAL CRUELTY COMPLAINTS

Officers and Community Service Officers shall investigate all reports of animal cruelty pursuant
to Minn. Stat. § 343.12. Officers and Community Service Officers shall not hesitate to take any
immediate actions deemed necessary.
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Following a court order, an officer or CSO shall search the place designated in a warrant and
conduct an investigation in conjunction with a veterinary doctor (Minn. Stat. § 343.22 Subd. 2).
807.3.2 STRAY DOGS

If the dog has a license or can otherwise be identified, the owner should be contacted if reasonably
possible (Minn. Stat. § 343.29 Subd. 1). If the owner is contacted, the dog should be released to
the owner and a citation may be issued if appropriate. If a dog is taken into custody, it shall be
transported to the animal shelter if it is open or to the holding pens, making sure the animal has
food, water, and bedding.
Release of impounded dogs requires a fee be paid. The Support Services will accept fees and
issue receipts.
The CSO will transport any animals in the holding pens to the animal shelter as soon as practical.
Once a dog has been taken into custody, all releases should be handled by the animal shelter.
807.3.3 ANIMAL BITES TO HUMANS

Officers or CSO's shall instruct the owner of a biting animal that is a pet, farm animal or
domesticated wild animal to keep the animal confined on the property. If the animal is a stray,
every reasonable effort shall be made to capture and impound the animal immediately.
The following actions and enforcement by CSO's and officers are required when an animal bites
a human (Minn. R. 1705.1151 and Minn. R. 1705.1152):
(a) If a pet animal bites a human, the pet must be confined and observed for signs
suggestive of rabies for 10 days or euthanized and tested for rabies. If at any time
during the 10-day observation the animal dies, it must be tested for rabies. If the animal
shows signs suggestive of rabies, it must be euthanized and tested for rabies.
(b) Stray or unwanted pet animals may be euthanized after a five-day holding period and,
if euthanized, must be tested for rabies. If, after consultation with a board or public
health official, a veterinarian requests a rabies test in writing, a stray or unwanted
animal must be euthanized and tested during the five-day period.
(c) If a farm animal bites a human, it must be evaluated on an individual basis by a
veterinarian. If it is normal, it may be confined for 14 days. If it exhibits unusual
behavior, it must be euthanized and tested for rabies.
(d) If a wild animal, domesticated wild animal or hybrid animal bites a human, the wild
animal, if available, must be euthanized and tested for rabies. Domesticated wild
or hybrid animals must be euthanized and tested for rabies, except that the animal
may be exempted from testing if a veterinarian determines that the animal shows
no signs of rabies, if the local authority, the state public health veterinarian, and the
executive director of the Board of Animal Health agree, and the person bitten receives
the post-exposure vaccination regimen. An exempt animal must be quarantined until
completion of the post-exposure vaccination regimen.
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Animal Control
(e) A lagomorph, small rodent or insectivore that has bitten a human should not be tested
unless recommended by the Board of Animal Health or the Minnesota Department
of Health.
807.3.4 PUBLIC NUISANCE CALLS RELATING TO ANIMALS

Officers will document any actions taken, citation(s) issued and related report numbers.
If a CSO is unavailable, the patrol supervisor may request the assistance of an animal control
officer from an outside agency if the nature of the call warrants the need.
807.4 DECEASED ANIMALS

Deceased animals on public property will be removed and properly disposed of by
the CSO or officer.
(a) For health and sanitary reasons, deceased animals should be placed in a sealed
plastic bag. Large animals should be double-bagged.
(b) Neither the CSO nor any officer will be required to climb onto or under any privately
owned structure for the purpose of removing a deceased animal.
807.5 INJURED ANIMALS

When any injured domesticated animal is brought to the attention of a member of this agency,
all reasonable attempts shall be made to contact the owner or responsible handler. When the
owner or responsible handler cannot be located and the animal is not an immediate danger to the
community, it shall be taken to a doctor of veterinary medicine as described below.
(a) During normal business hours, the animal should be taken to an authorized veterinary
care clinic.
(b) If after normal business hours, the animal should be taken to an authorized veterinary
emergency services clinic.
(c) The only exception to the above is when the animal is an immediate danger to the
community or the owner of the animal is identified and takes responsibility for the
injured animal.
(d) When it is necessary to kill a seriously injured or dangerous animal the Firearms and
Qualification Policy shall be followed. The decision to dispose of a seriously injured
animal will rest with the on--duty supervisor.
(e) Injured or deceased wildlife should be referred to the nearest rehabilitation center.
(f) When handling dead or injured animals, Department employees shall attempt to
identify and notify the owner of the final disposition of the animal.
(g) Each incident shall be documented, at minimum, to include the name of the reporting
party and the veterinary hospital and/or person to whom the animal is released.
Department
Animal Control
807.6 CITATIONS
It should be at the discretion of the handling officer or the field supervisor as to the need for, or
advisability of, the issuance of a citation for a violation.
807.7 POST-ARREST PROCEDURES

The arresting officer should make a reasonable effort to ensure that animals or pets under a
person’s care will be provided with adequate care when that person is arrested. This is only
required when there is no person to provide care and the arrestee is expected to be in custody for
a time period longer than would reasonably allow him/her to properly care for the animals.
Relatives or neighbors may be contacted with the owner’s consent to care for the animals. If no
persons can be found or the owner does not consent, the appropriate animal control authority
should be notified.
Department
MNJIS Training and Certification Requirements

808.1 POLICY
The purpose of this policy is to define the training and certification requirements for all criminal
justice and non-criminal justice personnel who directly access the CJDN or receive information via
the CJDN. The purpose of the training and certification requirements is to ensure understanding
of the security and appropriate use of all information accessed through the CJDN (as defined
in agency agreements, Advisory Policy Board (APB), approved policies, NCIC 2000 Operating
Manual, current FBI CJIS Security Policy, MNJIS CJDN Network Security Policy 5002, and state
and federal law).
These policies apply to all personnel who have access to information provided directly or indirectly
through the CJDN, have physical access to a CJDN terminal, or are responsible for setting up,
configuring, and maintaining computer systems and networks with direct access to the CJDN.
The intended audience is criminal justice and non-criminal justice employees as well as any
authorized or unauthorized persons including Minnesota Justice Information Services (MNJIS)/
National Crime Information Center (NCIC) terminal operators, sworn personnel, third party
contractors, vendors, basic and advanced search users, local agency administrators, and
responsible authorities accessing criminal justice information through the Criminal Justice Data
Communications Network (CJDN).
808.2 DEFINITIONS
Criminal Justice Agency:
An agency of the state or an agency of a political subdivision or the federal government charged
with detection, enforcement, prosecution, adjudication or incarceration in respect to the criminal
or traffic laws of this state (M.S. 299C.46 Subd. 2). This definition also includes all sites identified
and licensed as a detention facility by the commissioner of corrections under M.S. 241.021 and
those federal agencies that serve part or all of the state from an office located outside the state.
Criminal Justice Data Communications Network (CJDN):
The CJDN is a secure computer network that is used to access federal, state, and out-of-state
files for criminal justice purposes and certain non-criminal justice purposes.
FBI Criminal Justice Information Services (CJIS) Division:
The FBI CJIS Division was established in February 1992 to serve as the focal point and central
repository for criminal justice information services in the FBI. Programs consolidated under the
CJIS Division include NCIC, Uniform Crime Reporting (UCR), Next Generation Identification, and
other approved programs.
Law Enforcement Incident Search (LEIS):
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The Law Enforcement Incident Search is located in the Department of Public Safety and is
managed by the Bureau of Criminal Apprehension, Minnesota Justice Information Services
section (M.S. 299C.40).
Local Agency:
Any Minnesota criminal justice or non-criminal justice agency authorized to access the CJDN and
all otherMNJIS systems.
Minnesota Justice Information Services (MNJIS):
A division within the Bureau of Criminal Apprehension that collects and disseminates criminal
justice data. Included in this data are state hot file records (Minnesota Hot Files). MN Hot Files
include but are not limited to: wanted persons, impound vehicles, KOPS, MN gangs, MN protection
orders, and sex offender registration. MNJIS also maintains other computerized information
systems to collect and disseminate state and federal data such as criminal history records and
LEIS.
National Crime Information Center (NCIC):
A computerized system that houses hot file records on a national level.
Non-Criminal Justice Agency:
An agency of a state or an agency of a political subdivision of a state charged with the responsibility
of performing checks of state databases connected to the CJDN (M.S. 299C.46 Subd. 2a).
Personnel:
The term ‘personnel’ includes criminal justice and non-criminal justice employees as well as any
authorized or unauthorized persons including third party contractors, vendors, basic and advanced
search users, local agency administrators, and responsible authorities accessing NCIC/MNJIS
systems and information or areas where CJDN terminals are located.
808.3 TRAINING AND CERTIFICATION REQUIREMENTS

NCIC/MNJIS Terminal Operator Training and Certification Requirements (NCIC Operating
Manual, Introduction section)
(a) Terminal operators and sworn officers who have terminal access to the CJDN
(including Mobile Computing Device (MCD) access) shall be trained and tested
on MNJIS/NCIC
(b)
(c)
(d)
(e)
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Requirements - 483
808.4 TECHNICAL SECURITY AND AWARENESS TRAINING REQUIREMENTS

(a) Appropriate level security awareness training shall be required within six months of
initial hire or assignment, and every two years thereafter, for all personnel who have
access to criminal justice information.
(b) The content of security awareness training shall be based on the most current version
of the FBI CJIS Security Policy.
(c) Each agency shall be required to document the completion of security awareness
training.
808.5 LAW ENFORCEMENT INCIDENT SEARCH (LEIS) OPERATOR TRAINING

REQUIREMENTS
Only law enforcement agency personnel with certification from the Bureau of Criminal
Apprehension may enter, update, or access LEIS data. The ability of particular law enforcement
agency personnel to enter, update, or access LEIS data must be limited through the use of purpose
codes that correspond to the official duties and training level of the personnel (M.S. 299C.40 Subd
5).
(a) Law enforcement personnel shall be required to complete BCA approved training and
pass the BCA LEIS certification exam prior to gaining access to LEIS.
(b) Law enforcement personnel shall be required to recertify (retest) every two years. If
a person who has access fails to take the recertification exam, the person’s access
shall be disabled and the person shall be required to pass the initial certification exam
before gaining access again.
(c) Each agency and the BCA shall maintain all training, testing and certification
documentation related to LEIS.
808.6 VIOLATION OF POLICY

Violations of this policy shall be reported to the appropriate local agency manager as well as the
BCA Superintendent or their designated representative.
808.7 ENFORCEMENT
Any personnel not meeting the training and certification requirements will have access rights
disabled.
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Minnesota Bureau of Criminal Apprehension

(BCA)
809.1 APPROPRIATE USE OF SYSTEMS AND DATA
In support of criminal justice agencies and other authorized users, the Minnesota Bureau of
Criminal Apprehension (BCA) operates a number of data repositories and a secure network. This
system allows authorized users to access data from state and federal sources in order to perform
their official functions. In some instances, the statute that created the repository authorizes the
access to and use of the data. In other instances, access to the data is governed by the provisions
found in the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13 and
Minnesota Statutes, section 299C.46.
A. Purpose
The purpose of this policy is to set the standards and guidelines for appropriate use of the
repositories and secure network, document the processes to be followed to determine if the use
is appropriate and to provide penalties for failure to meet the standards. The BCA’s goal is that
authorized agencies and users be in full compliance with all requirements. Agencies and users
that fail to comply with this policy will be subject to the sanctions described later.
This Policy and the appendix will be periodically revised as issues and examples are identified.
Notice that revised documents are available will be sent to agency heads.
B. Definitions
As used in this policy, the following terms have the meaning given.
"Appropriate use" means the agency that employs the individual user is eligible under the
applicable statutes and regulations to have access to the secure network and the data, and that
the data have been retrieved as part of an employee’s work assignment or are retrieved to share
the data with another entity authorized by law to receive them. If an agency has a more restrictive
policy on access and/or sharing, the employee must also follow the agency policy.
"Authorized agency" means a criminal justice agency or noncriminal justice agency as defined in
Minnesota Statutes, section 299C.46.
"Follow up audit" means an audit of an agency following identification of issues identified during
a routine audit or when inappropriate use has been found. A follow up audit can occur anytime
within the three year audit cycle.
"Inappropriate use" means any use that is not an "appropriate use" or for which there is
no acceptable lawful explanation of or documentation of why the transaction was conducted.
Examples or a lawful explanation include "assigned to traffic enforcement," "assigned to Safe and
Sober campaign," or "to determine eligibility for benefits."
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Minnesota Bureau of Criminal Apprehension (BCA)
"Intentional" means that an employee knowingly behaves in a manner that is inappropriate or

repeats a behavior after being informed that the behavior is not acceptable. Determining the intent
of the employee is done either by the agency or the BCA.
"Non-compliant" means an agency has not taken the necessary steps to conduct the investigation
or to resolve the issues identified during an audit or investigation.
"Unintentional" means that an employee unknowingly behaves in a way that results in
inappropriate use.
C. Control of Access and Appropriate Use
Access to and use of data in BCA repositories or available from other repositories via the secure
network is controlled by one or more of the following:
# A specific state statute – e.g. Minnesota Statutes, section 299C.40 controls the Comprehensive
Incident-Based Reporting System (CIBRS)
# Minnesota Statutes, section 299C.46 controls the use of the secure network
# Federal regulations implemented through the FBI CJIS Security Policy
# The Rules of Public Access to Records of the Judicial Branch control access to court case
information
# Policies adopted by other agencies concerning access to and use of that agency’s data – e.g.
Corrections’ policies on access to the Statewide Supervision System (S3).
# Terms of the contract between the agency and the BCA
A chart showing all of the repositories or tools with authorized users and examples of appropriate
and inappropriate use is attached as Appendix 1.
It is never appropriate to retrieve data on yourself. Data practices procedures must be used to
obtain data on you.
The BCA provides training on appropriate use of the various repositories and in some instances
requires that users be certified to have access. Some of the systems that require certification also
require re-certification. The BCA enforces all certification and re-certification requirements. The
agency head is responsible for ensuring that authorized employees review relevant training for
use of the secure network and accessing the repositories as well as completing certification when
required.
To ensure that all authorized agencies and users are in compliance with the applicable
requirements, the BCA has a Training and Auditing Unit whose staff members are responsible for
assisting agencies and their users as well as auditing transactions for compliance.
D. Audits
Currently, transactions involving Minnesota and federal criminal history and "Hot File" data are
audited every three years as required by the FBI. Additional audits are done of agencies:
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# with access to CIBRS;

# of Integrated Search Services users who access the S3 ; and
# using a methodology that identifies patterns of use. For example, access to Driver and Vehicle
Services (DVS) data via the secure network.
If issues are identified during an audit, the agency may be subject to follow up audits.
Evaluation of access and use can occur during an audit, as a result of a question asked by an
agency’s user, in response to an official agency request, following allegations of inappropriate use
or based on transactions identified by the BCA’s pattern analysis tool. Use will be reviewed at
both an individual user and agency level.
Examples of issues that can result in a finding of inappropriate use or noncompliance include,
but are not limited to:
o Unintentional inappropriate use of data retrieved from BCA repositories or repositories reached
via the BCA secure network
o Unintentional inappropriate use of the secure network
o Intentional inappropriate use of data retrieved from BCA repositories or repositories reached via
the BCA secure network
o Intentional inappropriate use of the secure network
o Retrieving data and providing it to an individual whose access to the system or network has
been suspended
o Failure to ensure the security of the data and equipment used to retrieve the data
o Retrieval or sharing of data in a manner not authorized by the governing statute or federal
regulation
o Failure to investigate allegations of inappropriate use presented by BCA to the agency
o Failure to request an extension to respond to an audit request
o Failure to respond to BCA requests for information about transactions performed by agency
users
o Failure to address problems found during an audit or follow-up audit
If the failure to respond to BCA requests for information are due to litigation, the agency should
inform the BCA of the litigation and provide an explanation once liability is determined or the case
settles, whichever occurs first.
E. Sources of Possible Inappropriate Use
There are four ways that possible inappropriate use is identified for investigation and evaluation.
Audit of an agency
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Inappropriate use discovered during an agency audit will be addressed as part of that audit and
is subject to the requirements and sanctions in this Policy.
Allegations of inappropriate use to the BCA by an individual who is the subject of the data
When a member of the public alleges inappropriate use of data about that individual or the
individual’s minor child, the individual is directed to the BCA data practices process. If the individual
completes the request form and meets the requirements for identification (notarization or in-person
presentation with government-issued photo id), any data that are about the individual who has
made the request, or their minor child, and which are contained in Archive Services are produced.
If the individual or their legal representative subsequently notifies the data practices analyst that
they believe inappropriate use has occurred, the data practices analyst refers the individual to the
MNJIS Executive Director.
The Executive Director will contact the agency head to give notice that inappropriate use
allegations have been raised, that the individual has been advised to contact the agency head,
request that the agency determine if inappropriate use has occurred and report any findings to the
Executive Director. If the alleged inappropriate use involves data housed in a repository operated
by another agency, the Executive Director will notify that other agency of the allegations. The
Executive Director will also notify the Director of the Training and Auditing Unit so that a case can
be created in the BCA case management system. Data about employees in the case management
system are private data on individuals according to Minnesota Statutes, section 13.43, subd. 4.
The Executive Director will refer the individual to the agency at which the inappropriate use is
alleged and will notify the Superintendent as needed.
If the data that were produced for the individual show a pattern of inappropriate use, the Executive
Director will also consult with the CJIS Systems Officer (CSO) and the Director of the Training
and Auditing Unit. Access by the user, the agency or both to a particular system or tool may be
suspended during the investigation. Prior to any such suspension, the agency head will be notified
of the action.
Recognizing that Minnesota Statutes, section 13.43 classifies data about alleged misconduct by
an employee as private data, the Executive Director will request that the agency head consult
with the Director of the Training and Auditing Unit prior to finalizing any disciplinary decisions
so that the consequences related to data or system access can be coordinated. The CSO will
have an opportunity to evaluate the general circumstances and determine if additional sanctions
will be imposed by the BCA. Any data shared by the agency will be documented in the BCA
case management system. The imposition of sanctions by the CSO may be appealed to the
Superintendent of the BCA.
Allegations of inappropriate use from the head of an agency where the inappropriate use is alleged
to have occurred
The head of an agency authorized to access data via the BCA systems and tools may contact
either DPS Internal Affairs or the Director of the Training and Auditing Unit with a report of
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suspected inappropriate use. Internal Affairs will refer the agency to the Director of the Training
and Auditing Unit.
After consulting with the agency about the basis for the allegations and obtaining initial facts, the
Director of the Training and Auditing Unit will request that the agency send a written request for
assistance with their investigation.
On receipt of the written request, appropriate queries in Archive Service are run and the data
are reviewed. In addition, the request is recorded in the BCA case management system and the
Training and Auditing Unit Director will inform the MNJIS Executive Director of the request. The
Executive Director will notify the Superintendent, as needed, of these requests.
The Director of the Training and Auditing Unit will provide the agency with the data and will ask
the agency to notify BCA of the findings of its investigation, to the extent possible given section
13.43, and to consult with BCA prior to taking any particular disciplinary action in response to what
is found so that any consequences related to data or system access can be coordinated. The
Director of the Training and Auditing Unit will provide assistance to the agency regarding access
requirements for FBI and MNJIS systems.
When the report of the agency’s findings from their investigation is received, the Director reviews
its content. The findings are recorded in the BCA case management system along with any
decision made by the CSO concerning sanctions. When the Director identifies a repeat offender,
or the conduct is part of a pattern of possible criminal activity, or the offense appears to be
egregious, the Director will meet with the CSO to discuss possible sanctions as provided in this
policy. The CSO may concur with the findings and steps taken by the agency or may choose to
impose additional sanctions. The imposition of sanctions by the CSO may be appealed to the
Superintendent of the BCA.
Utilization of a methodology that identifies patterns of use for investigation and evaluation
The BCA has computer software that can analyze usage of queries involving data accessed over
the BCA’s secure network. The software can identify patterns of use that may be inappropriate
according to this policy.
F. Process to Investigate and Evaluate Possible Inappropriate Use
General Process
# When data are received in Training and Auditing that indicate there may be inappropriate use,
the BCA auditor will contact the agency head by telephone, explain what the data are and ask
that an informal review be conducted to determine if the use is appropriate or not. If the agency
head indicates to the BCA auditor that the use is appropriate, the matter ends. If the agency head
indicates that there may be or is inappropriate use, then the BCA auditor will open an audit.
# The agency will review a list of targeted transactions provided by their BCA auditor on a
transaction worksheet. Within two weeks, the agency will provide a descriptive literal reason for
each transaction, the user who ran each transaction, along with all public data that supports each
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of the transactions. The agency will be told that if it cannot respond within the two week period,
an extension needs to be requested from the BCA auditor.
# The BCA auditor will send a reminder email to the agency on the 10th day, if the agency has
not been in contact with the auditor.
# The agency will return the transaction worksheet with responses to the BCA auditor. The BCA
auditor will review the responses supplied on the transaction worksheet.
# The failure of an agency to request an extension or reply within the two week time period will
result in the determination that the access was inappropriate and immediately start the audit in
the designated phase.
# The BCA auditor will issue audit findings using the audit application tool.
# The agency does have the right to provide a response to the audit findings as well as appeal
any audit findings to the Director of the Training and Auditing Unit.
First inappropriate use
The Training and Auditing Unit will add a case into the BCA’s case management system.
Once inappropriate use has been identified, the BCA auditor will retrieve the user’s transactions
for the 30 days prior to the inappropriate use. The transactions will be forwarded to the agency
for immediate review and response – any inappropriate transactions will be included in the audit
report.
The agency/user may be sanctioned as described later in this Policy.
An email will be sent to the agency head notifying them of BCA actions and to the DVS Data
Practices Coordinator if DVS data are at issue.
If the user loses access, a follow-up audit will be conducted within 30 days of the user regaining
access.
The audit is saved as noncompliant.
Second inappropriate use
The Training and Auditing Unit will add a case to the BCA’s case management system.
A review of the user’s transactions for the 30 days prior to the inappropriate use will occur. The
transactions will be forwarded to the agency head for immediate review and response – any
inappropriate transactions will be included in the audit report. The Director of the Training and
Auditing Unit will request that the agency head consult prior to finalizing any discipline so that
consequences can be coordinated.
The agency/user may be sanctioned as described later in this Policy.
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A follow-up audit will be conducted within 30 days of the user regaining access.
Third inappropriate use
The Training and Auditing Unit will add a case to the BCA’s case management system.
A review of other users’ transactions or transactions in other repositories will be forwarded to the
agency head for immediate review and response – any inappropriate transactions will be included
in the audit report.
The Director of the Training and Auditing Unit will contact the agency to discuss an appropriate
plan of action and will request that the agency head consult prior to finalizing any discipline so
that consequences can be coordinated.
The agency/user may be sanctioned as provided later in this Policy.
G. Sanctions
Sanctions will be administered after a review and evaluation of the totality of the circumstances
including the severity of the inappropriate use. Sanctions are cumulative over the career of the user
or the life of the agency unless the user or agency demonstrates compliance through appropriate
use for a six (6) year period. If six years of compliance is achieved, any future inappropriate use
by the user or agency will be sanctioned as if there was no history of noncompliance. A user’s
history of inappropriate use follows the user to a new agency. Access by the user at a new agency
will not be possible until the sanctioned user completes all elements of the sanction.
If one or more individual users at an agency are found to have inappropriate access to or use of
one or more repositories or the secure network, the BCA will take the following steps, including
the following sanctions.
1. Unauthorized access to the secure network by a user or agency will be terminated when
possible.
2. Inappropriate access to a repository will place the agency in non-compliant status and the staff
of the Training and Auditing Unit will work with the agency to achieve compliance. Tools used
include follow-up audits, tutoring, coaching, mentoring and training.
3. The first violation by an individual user will result in training or the user’s access will be
suspended for a period not to exceed 5 working days or both.
4. A second violation by an individual user will result in suspension of access for a period not to
exceed 30 calendar days and any other sanctions appropriate for the circumstances including,
but not limited to, additional training or supervised system access.
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5. A third violation by an individual user may result in one or more of the following: suspension of
access for longer than 30 days, loss of access to other systems or tools that the individual uses,
termination of access, or referral for criminal prosecution.
6. Notwithstanding items 3 through 5 above, the totality of the circumstances may be so egregious
that stronger sanctions are warranted and will be imposed on a case-by-case basis.
If an agency has multiple users who are found to have inappropriate or unauthorized access to one
or more repositories or the secure network, the following additional sanctions may be assessed
against the agency.
A. Removal of access to one or more queries used to access information or functionalities such
as Integrated Search Service or MNJIS Reports on Demand.
B. Restrict the number of users with access to one or more systems or tools for a period to time.
C. Disable system access for all users at the agency.
D. Notwithstanding items A through C above, the totality of the circumstances may be so egregious
that stronger sanctions are warranted and will be imposed on a case-by-case basis.
The user or agency may appeal the imposition of sanctions to the Superintendent of the BCA.
809.2 DISCIPLINE POLICY FOR MISUSE OF CJDN

CJDN – The Criminal Justice Data Communications Network is the overall system, which provides
criminal justice agencies computer access to data stored on state and national systems.
Inquiries into the motor vehicle registration, driver license, criminal history or any other file in the
MNJIS/NCIC systems will be performed for criminal justice purposes only.
Any employee misusing information or obtaining information for other than official criminal justice
purposes from the Criminal Justice Data Network will be subject to disciplinary action.
When performing any file inquiries or making any entries into NCIC or MNJIS, it is important to
remember that the data stored in MNJIS/NCIC is documented criminal justice information and
this information must be protected to ensure correct, legal and efficient dissemination and use.
The individual receiving a request for criminal justice information must ensure that the person
requesting the information is authorized to receive the data. The stored data in NCIC and MNJIS
is sensitive and should be treated accordingly, and unauthorized request or receipt of NCIC or
MNJIS material could result in criminal proceedings.
When the Chief or the TAC becomes aware that an employee is using a CJDN terminal, CJDN
terminal generated information, CJDN equipment, or CJDN access not in accordance with agency
policies, state policies, or NCIC policies and said problem is not deemed merely operator error,
the Chief or his designee, or the TAC shall promptly address the violation.
The Chief or his designee shall meet with the person who is alleged to have violated the policy and
determine appropriate sanctions, which may include any or all of the standard discipline policies
currently in place including verbal reprimand, written reprimand, suspension, or termination.
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Intentional misuse of the CJDN system is a serious violation and the BCA will be informed of such
violations. If criminal behavior is believed to have occurred, appropriate agencies will be notified
for further investigation.
The specific situation in each case of misuse of the CJIS system will be looked at, with all
circumstances considered when determining disciplinary actions. Consideration will be given to
the extent of loss or injury to the system, agency, or other person upon release or disclosure
of sensitive or classified information to an unauthorized individual. This also includes activities
which result in unauthorized modification or destruction of system data, loss of computer system
processing capability, or loss by theft of any computer system media including: chip ROM memory,
optical or magnetic storage medium, hardcopy printout, etc.
The TAC, with the Chief’s approval may at any time terminate a staff person’s access to the CJDN
system for any rule violation.
809.3 N-DEX POLICY AND OPERATING MANUAL

1.0 INTRODUCTION
1.1 Purpose
1.1.1 National Data Exchange (N-DEx) Mission: To provide criminal justice agencies with a
powerful new investigative tool to search, link, analyze and share criminal justice information such
as, incident/case reports, incarceration data, and parole/probation data on a national basis to a
degree never before possible.
1.1.2 N-DEx Vision: To provide the right information (incident and case reports, arrest,
incarceration and booking data, probation and parole data) to the right hands (approved criminal
justice agencies), right now (near real time).
1.1.3 Scope of N-DEx policy: The N-DEx Policy and Operating Manual applies to all entities
accessing data via N-DEx (i.e. both warehoused data and leveraged data sources). N-DEx
information shall be used only for the purpose indicated by the Use Code and used consistently
with the coordination required by the Advanced Permission Requirement (confirming the terms of
N-DEx information use). Any subsequent use of N-DEx information inconsistent with the original
Use Code or the previously conducted Advanced Permission Requirement requires re-satisfaction
of the Advanced Permission Requirement.
1.1.4 The N-DEx Policy and Operating Manual integrates presidential directives, federal laws,
Federal Bureau of Investigation (FBI) directives, and the Criminal Justice Information Services
(CJIS) Advisory Policy Board (APB) decisions to provide criminal justice agencies with a minimum
set of policy and procedural requirements for participating in N-DEx and to protect and safeguard
criminal justice information. This minimum set of requirements ensures continuity of N-DEx
operation and information security.
1.1.5 The N-DEx Policy and Operating Manual may be used as the sole policy and operating
manual for N-DEx participating agencies. A participating agency may complement the N-DEx
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Policy and Operating Manual with agency specific policy and operating procedures, or the
participating agency may develop their own stand-alone policy and operating manual; however,
the N-DEx Policy and Operating Manual shall always be the minimum standard and participating
agencies may augment, or increase the standards, but shall not detract from the N-DEx Policy
and Operating Standards.
1.1.6 The N-DEx Policy and Operating Manual applies to all entities with access to, or who operate
in support of, N-DEx services and information. This policy manual is subject to change as a result
of presidential directives, federal laws, FBI directives, and CJIS APB decisions. The terms of any
policy and procedural change preempt any existing inconsistency contained herein.
1.1.7 The N-DEx Policy and Operating Manual is an unrestricted document and can be shared
without limitation.
1.2 Operational Framework
1.2.1 The N-DEx system is a system managed within the framework of the CJIS System of
Services and identified within the CJIS systems User Agreement.
1.2.2 Participating agencies and users must adhere to the CJIS Security Policy.
1.2.3 The N-DEx system stores vast amounts of criminal justice information which may be instantly
retrieved by and/or furnished to any authorized agency.
1.2.4 N-DEx is restricted to documented criminal justice information obtained by criminal justice
agencies in connection with their official duties administering criminal justice.
1.2.5 Within the context of N-DEx, leveraging refers to the capability to access CJIS Systems
of Service and Non-CJIS criminal justice data sources via web services. CJIS Systems are only
available if the CJIS Systems Agency (CSA) authorizes this capability.
1.2.6 N-DEx will not contain criminal intelligence data as defined by Title 28, Code of Federal
Regulations (C.F.R.), Part 23.
1.2.7 In accordance with the CJIS Security Policy and consistent with Title 28, C.F.R., Part
20, Subpart A, N-DEx system access is restricted to "criminal justice agencies" and agencies
performing the "administration of criminal justice."
1.2.8 N-DEx is an on-line real-time program and records are constantly being updated; therefore,
record information can change at any time.
1.2.9 N-DEx is the national enhanced pointer and data discovery system for SBU, law enforcement
sensitive, and Controlled Unclassified Information (CUI) class criminal justice data.
1.2.10 N-DEx is a fee free, secure, nationwide, computerized information sharing system
established to fill an identified gap in the CJIS System of Services.
1.2.11 The N-DEx Program is a cooperative endeavor of local, state, tribal, and federal law
enforcement/criminal justice entities, in which each entity is participating under its own legal status,
jurisdiction and authorities. All N-DEx operations will be based upon the legal status, jurisdiction
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and authorities of individual participants. N-DEx is not intended, and shall not be deemed, to have
any independent legal status.
1.2.12 Agencies shall participate in N-DEx in accordance with their own individual legal status,
jurisdiction, restrictions, and authorities.
1.2.13 Participating agencies contribute information to N-DEx with an express promise of
confidentiality.
1.2.14 N-DEx participants shall contribute or allow access to information via N-DEx, and agrees to
permit the access, dissemination, and/or use of such information by other parties pursuant to the
provisions of this policy. The record owning agency has the sole responsibility and accountability
for ensuring that it is not constrained from permitting this access by any laws, regulations, policies,
or procedures.
1.2.15 N-DEx is not created pursuant to a single federal statute; rather, N-DEx is the FBI’s
response to the criminal justice community’s request to answer the challenge of information
sharing.
1.2.16 All inquiries regarding the N-DEx system should be addressed to the FBI, CJIS Division,
via e-mail: [email protected]; via telephone (304) 625-HELP [4357]: or via mail; Attention: N-DEx
Program Office, Module B-3, 1000 Custer Hollow Road, Clarksburg, WV 26306-0153.
1.3 Data Use
1.3.1 The N-DEx system shall be used in accordance with the policies in this document and
those of the leveraged CJIS System of Services operating procedures or policies. The CSA shall
ensure N-DEx participating agencies have procedures to comply with the policies in this document
and those of the leveraged CJIS system as a part of enabling user agency access of leveraged
services, e.g., procedures to engage hit confirmation and the placing of a "locate" in accordance
with NCIC policy.
1.3.2 An N-DEx result indicates that criminal justice information may exist.
1.3.3 System Access: N-DEx contains criminal justice information obtained by criminal justice
agencies in connection with their official duties administering criminal justice, and N-DEx system
access is restricted to criminal justice agencies and agencies performing the administration of
criminal justice. Only the following agencies are authorized to access N-DEx based on the agency
type Originating Agency Identifier (ORI) value as indicated by the 9th character:
1.3.3.1 Law Enforcement Agencies
# Law enforcement agencies possessing 9th character ORIs of 0 - 9 (numeric values) e.g., police,
sheriff, etc.
1.3.3.2 Criminal Justice Agencies
# Prosecuting Attorney's Offices –ORIs end in an "A." This includes District Attorney's Offices,
Attorney General's Offices, etc.
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# Pretrial service agencies and pretrial release agencies – ORIs end in a "B."
# Correctional Institutions ORIs end in a "C." This includes jails, prisons, detention centers, etc.
# Nongovernmental railroad or campus police departments qualifying for access to III – ORIs end
in an "E."
# Probation and Parole Offices – ORIs end in a "G."
# INTERPOL – ORIs end in an "I." As a foreign criminal justice agency, INTERPOL shall be
a Limited System Participant. Local, state, and tribal criminal justice agency data shall not be
shareable with limited system participants.
# Courts and Magistrates Offices – ORIs end in a "J."
# Custodial facilities in medical or psychiatric institutions and some medical examiners' offices
which are criminal justice in function – ORIs end in an "M."
# Regional dispatch centers that are criminal justice agencies or noncriminal justice governmental
agencies performing criminal justice dispatching functions for criminal justice agencies – ORIs
end in an "N."
# Local, county, state, or federal agencies that are classified as criminal justice agencies by statute
but do not fall into one of the aforementioned categories – ORIs end in a "Y."
1.3.4 Acceptable System Use: Personnel engaged in the following activities may be granted
access by the CSA consistent with state laws:
1.3.4.1 Law enforcement investigations, i.e., to further investigations of criminal behavior based
on prior identification of specific criminal activity by an agency with a statutory ability to perform
arrest functions.
1.3.4.2 Pretrial release investigation, i.e., to obtain information about recently arrested defendants
for use in deciding whether conditions are to be set for defendants' release prior to trial, monitor
a defendant's compliance with his/her conditions of release during pretrial period, and identify
offenses pending adjudication.
1.3.4.3 Intake investigation, i.e., to conduct prisoner classification and offender risk assessments
to safely manage the correction population.
1.3.4.4 Correctional institution investigation, i.e., to identify and suppress criminal suspects
and criminal enterprise organizations operating within correctional systems, prepare for the
prosecution of crimes committed within a correctional institution, conduct criminal apprehension
efforts of prison escapees, ensure inmates cannot continue their criminal activities through misuse
of visitation or communication privileges, monitor out source supervision and treatment progress,
conduct offender travel permit investigations, prepare for prisoner transfer, and conduct pre-
release investigation to determine reentry requirements and facilitate release notification.
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1.3.4.5 Pre-sentence investigation, i.e., to identify the risk of re-offense, flight, community, officer
and victim safety, identify law enforcement contact not resulting in arrest, identify offenses pending
adjudication, and ensure illicit income is not used for bail, bond, or criminal defense.
1.3.4.6 Supervision investigation, i.e., to identify incident information (i.e. personal conduct,
contact with LEAs, offenses, gang affiliations, known associates, employment, etc.) constituting
a violation of release or supervision conditions, prepare and investigate interstate transfer of
adult offenders, facilitate concurrent supervision, conduct risk and needs assessments, facilitate
apprehension of absconders, and identify offenses pending adjudication.
1.3.4.7 Data administration/management, i.e., to perform administrative role responsibilities and
conduct searches of record owner contributed data as a part of internal review by a record owner.
Responses for this purpose may not be disseminated for any other reason and are limited to that
agency’s portion of N-DEx contributed records.
1.3.4.8 Training, i.e., to educate users on the policies, services and capabilities of the N-DEx
system utilizing authentic criminal justice information submitted to N-DEx by criminal justice
agencies.
Training is considered to be an acceptable use of N-DEx, so long as it does not include curiosity
searches, browsing, or self-queries.
1.3.5 User Identifier Requirement: A user shall provide the following user identifiers prior to
accessing N-DEx:
1.3.5.1 Identity Provider ID: unique identifier that identifies the system the user utilizes to access
the N-DEx system.
1.3.5.2 User ID: unique username assigned by the user's identity provider for authentication and
identification.
1.3.5.3 Last Name: last name or family name of the user.
1.3.5.4 First Name: first name of the user.
1.3.5.5 Employer ORI: unique identifier assigned to the organization that is the user's assigned
agency. ORIs must be a CJIS NCIC assigned ORI.
1.3.6 "On behalf of" Log Retention: Each N-DEx search shall clearly identify the N-DEx user,
requesting agency, and any individual the search was made "on behalf of" if known at the time
the search was conducted. Identification shall take the form of a unique identifier, which shall be
captured and maintained in a transaction log, with the identifier remaining unique, for a minimum
of one year. While N-DEx supports this logging requirement through the N-DEx Portal, entities
accessing N-DEx data through a web service must independently maintain these logs and are
encouraged to automate the logging requirement. Using the search reason field to capture "on
behalf of" meets the requirement of a log."
1.3.7 Use Code: The FBI's CJIS Division maintains an audit trail of each disclosure and receipt of
N-DEx data. Therefore, all N-DEx searches must include a Use Code identifying why the search
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was performed. The N-DEx system supports this logging requirement through the N-DEx User
Interface and for entities accessing N-DEx data through a web service. However, entities utilizing
a web service must electronically deliver a Use Code for each search request.
The following Use Codes are considered acceptable when searching N-DEx:
1.3.7.1 Administrative Use Code "A": Must be used when N-DEx is utilized by a record-owning
agency or submitter/aggregator to retrieve and display N-DEx contributed records in association
with performing the agency's data administration/management duty. Responses for this purpose
shall not be disseminated for any other reason and are limited to the record-owning agency portion
of N-DEx records.
1.3.7.2 Criminal Justice Use Code "C": Must be used when N-DEx is utilized for official duties in
connection with the administration of criminal justice as the term is defined in 28 Code of Federal
Regulations (CFR) § 20.3 (2011).
1.3.7.3 Criminal Justice Employment Use Code "J": Must be used when N-DEx is utilized to
conduct criminal justice employment background checks or the screening of employees of other
agencies over which the criminal justice agency maintains management control.
In order to use N-DEx to conduct criminal justice employment background checks, the agency
must adhere to the following notice and consent, redress and audit requirements:
# Notice and Consent: The agency must provide notice to the applicant and the applicant must
provide a signed consent. At a minimum one of the following or substantially similar statements
must appear on an agency’s Notice and Consent form to an applicant, examples of which are
provided below:
# General Statement:
The (agency's name)'s acquisition, retention, and sharing of information related to your
employment application is generally authorized under (state and federal citations). The purpose
for requesting this information is to conduct a complete background investigation pertaining to
your fitness to serve as a (employee type). This background investigation may include inquiries
pertaining to your (employment) (education) (medical history) (credit history) (criminal history)
and any information relevant to your character and reputation. By signing this form, you are
acknowledging that you have received notice and have provided consent for (agency's name) to
use this information to conduct such a background investigation, which may include the searching
of (N-DEx) (criminal justice databases) (private databases) (public databases).
# Specific N-DEx statement:
I authorize any employee or representative of (agency's name) to search N-DEx to obtain
information regarding my qualifications and fitness to serve as a (employee type). I understand
that N-DEx is an electronic repository of information from federal, state, local, tribal, and regional
criminal justice entities. This national information sharing system permits users to search and
analyze data from the entire criminal justice cycle, including crime incident and investigation
reports; arrest, booking, and incarceration reports; and probation and parole information. This
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release is executed with full knowledge, understanding, and consent that any information
discovered in N-DEx may be used for the official purpose of conducting a complete employment
background investigation. I also understand that any information found in N-DEx will not be
disclosed to any other person or agency unless authorized and consistent with applicable law. I
release (agency's name) from any liability or damage that may result from the use of information
obtained from N-DEx.
# Redress: The agency must provide applicants with an opportunity to challenge and/or correct
records if employment is denied based on information obtained from N-DEx.
# If employment is denied solely due to information obtained from N-DEx, and the applicant
challenges the accuracy or completeness of those records, the denying agency shall provide
the applicant with the contact information of the agency owning the information underlying the
decision to deny. After receiving a written request from the applicant challenging the accuracy or
completeness of the record used to deny employment, the record-owning agency shall then review
the relevant information and advise the applicant in writing whether it has confirmed the accuracy
or completeness of its records or whether the records will be corrected. If the applicant does not
receive a response from the record-owning agency within 30 days from the date of the applicant's
written request, the applicant may contact the FBI CJIS Division N-DEx Unit, 1000 Custer Hollow
Rd, Clarksburg, WV 26306. The FBI shall forward the challenge to the record-owning agency for
verification or correction. The record-owning agency shall then review the relevant information
and advise the applicant in writing whether it has verified its records or whether the records will
be corrected. Agencies should inform applicants of their responsibility to provide any corrected
information to the denying agency that may assist the record owning agency in its research on
behalf of the applicant.
# Audit: The agency must comply with certain procedural and documentation requirements.
# All use of N-DEx for criminal justice employment background investigations shall require Use
Code "J". Agencies that contribute records to N-DEx shall be permitted and enabled to reject Use
Code "J" requests. When N-DEx is searched as part of a criminal justice employment background
investigation, the fact that the search was conducted must be documented in the applicant’s file. If
information accessed through N-DEx is viewed and used during the criminal justice employment
background investigation, the agency must document in the applicant’s file: (1) that the requesting
agency received advanced authorization for the use of the information for employment purposes
from the record-owning agency and (2) that the requesting agency has confirmed the accuracy of
the information with the record-owning agency.
# Agencies are expected to comply with the above requirements in addition to the existing N-
DEx policy requirements (e.g. training, information sharing, data quality, system security) and all
applicable laws and regulations. These additional requirements mitigate the privacy risks of using
N-DEx to conduct criminal justice employment background checks and ensure that such use is
implemented in a lawful and proper manner.
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1.3.8 All users are required to provide a search reason. While the Use Code provides some
lead information, it only provides a minimal audit trail. Requiring the reason for all searches
will ensure N-DEx searches are conducted for authorized uses and Use Codes are correctly
applied. It is recommended unique information, e.g., incident number, arrest transaction number,
booking number, project name, description, etc., be entered to assist the user in accounting for
appropriate system use for each transaction. This information shall be captured and maintained in
a transaction log for a minimum of one year. The N-DEx system supports this logging requirement
through the N-DEx User Interface and for entities accessing N-DEx data through a web service.
However entities utilizing a web service must electronically deliver a Search Reason for each
search request.
1.3.9 Authorized Pre-Permission Use: N-DEx information may be viewed, output, or discussed
without advance authorization of the record owning agency, within the record-requesting agency
or another agency, if the other agency is an authorized recipient of such information by virtue
of meeting the requirements for N-DEx access and is being serviced by the record-requesting
agency. However, any recipient of N-DEx data must obtain advanced permission from the record-
owning agency prior to acting upon any data obtained through N-DEx.
1.3.10 Advanced Permission Requirement: Terms of N-DEx information use must be obtained
from the record-owning agency prior to reliance or action upon, or secondary dissemination.
N-DEx information may only be relied or acted upon, or secondarily disseminated within the
limitations specified by the record-owning agency. Reliance or action upon, or secondary
dissemination of N-DEx information beyond the original terms requires further permission from the
record owning agency. The use or inclusion of N-DEx information in the publication or preparation
of charts, presentations, official files, analytical products or other documentation, to include, use
in the judicial, legal, administrative, or other criminal justice process, etc., specifically requires
advanced permission.
1.3.11 Verification Requirement: N-DEx information must be verified with the record-owning
agency for completeness, timeliness, accuracy, and relevancy prior to reliance upon, action, or
secondary dissemination.
1.3.12 Information returned specifically from an N-DEx leveraged data source must be identified
as being received via N-DEx and may only be used in accordance with the N-DEx policies and
CJIS System of Service policies.
1.3.13 Immediate use of N-DEx information can be made without the advanced permission of
the record owning agency if there is an exigent circumstance - an emergency situation requiring
swift action to prevent imminent danger to life or serious damage to property, or to forestall the
imminent escape of a suspect, or destruction of evidence. The record-owning agency shall be
immediately notified of any use made as a result of exigent circumstances.
1.3.14 Participating agencies are encouraged to consider how they may wish to account for
use authorization requests and concurrences. While N-DEx does not systematically support
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nor require a log to be maintained, agencies are encouraged to consider how the advanced
permission, verification, and data provision may be documented within their own organization.
1.4 Responsibility for Records
1.4.1 Record-owning agencies that make available records in the N-DEx system are responsible
for their timeliness, accuracy, and completeness. For further explanation of timeliness, accuracy,
and completeness, see section 2.5 Maintaining The Integrity of N-DEx Records.
1.4.2 Each record-owning agency controls how and with whom their data is shared, thus retaining
responsibility, control, and ownership.
1.4.3 Agency-Configurable Data Sharing Controls: N-DEx is designed to allow record-owning
agencies to protect their data in accordance with the laws and policies that govern dissemination
and privacy for their jurisdictions. All data is presumed sharable unless the record-owning agency
restricts data access, in accordance with their sharing policy. N-DEx enables data sharing at the
following data item (i.e. reports) dissemination criteria values:
1.4.3.1 Green: Data is viewable.
1.4.3.2 Yellow: Data consists of record ID and record-owning agency Point of Contact (POC)
information. To obtain access, contact the record-owning agency.
1.4.3.3 Red: Data is not viewable.
1.4.3.4 Record-owning agencies shall have the ability to configure sharing policy based on agency,
agency type, individual users, or data characteristics to create exception groups for their data.
Thus, an N-DEx record may be red to one user, yellow to a second, and green to a third. Record-
owning agencies are encouraged to submit records using the green value; however if an agency
must submit records using the red or yellow values, they are encouraged to make their records
green for their agency to realize the full benefit of automatic entity integration, data correlation,
and other tools within N-DEx, including the creation of subscriptions.
1.4.4 Pursuant to Executive Order 12958 as amended, Classified National Security Information,
N-DEx is designated as an unclassified system. Record-owning agencies shall ensure that data
contributed to and/or exchanged by N-DEx is unclassified and free of classified national security
information. Information contributed to N-DEx resides on a server(s) located in FBI controlled
space, containing SBU and CUI from contributing agencies with established formal agreements.
1.4.5 All participating agencies whether contributing information to N-DEx or leveraging N-DEx
shall access the N-DEx server(s) and functionality via secure internet connections (as defined by
the CJIS Security Policy) or via the FBI’s CJIS Wide Area Network.
1.4.6 The FBI CJIS Division, as manager of N-DEx, helps maintain the integrity of the system
through:
1.4.6.1 Automatic computer checks which reject records with common types of errors in data.
1.4.6.2 Pre-data ingestion analysis and data inspection.
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1.4.6.3 On-going manual quality control checks by FBI personnel.

1.4.6.4 Automated tool support, e.g., conformance testing assistant, for construction of data
submissions.
1.4.6.5 System generated error reports for viewing by the record-owning Source Data
Administrator (SDA) and CSA.
1.4.6.6 Monitoring and automated logging of all successful and unsuccessful logon attempts where
CJIS is the identity provider, file access, correlations, and transaction types, regardless of access
means.
1.4.7 The CSA shall ensure criminal justice agencies that have users connecting to N-DEx through
methods that do not permit the capture of N-DEx user information have the ability to generate
reports upon request of the CSA and/or N-DEx PO. These reports may be used to audit system
access and use.
1.5 System Description
1.5.1 Full system participants are local, state, tribal, and federal criminal justice agencies
throughout the United States, District Of Columbia, United States territories.
1.5.2 Limited system participants are foreign criminal justice agencies. Local, state, and tribal
criminal justice agency data shall not be shareable with limited system participants, i.e. foreign
criminal justice agencies.
1.5.2.1 N-DEx is the technical mechanism to bi-directionally share federal government unclassified
criminal justice information with foreign partners, e.g., Australian Federal Police, New Zealand
Police, and United Kingdom Serious Organized Crime Agency.
1.5.3 Data contributed to the N-DEx system must meet the criteria established for the particular
type of record involved as identified in the N-DEx Information Exchange Package Documentation
(IEPD).
1.5.4 N-DEx has the ability to leverage other CJIS System of Services. The capability to leverage
additional CJIS System of Services using N-DEx is discretionary with each CSA.
1.5.5 In accordance with the CJIS Security Policy, Criminal Justice Information (CJI) shall refer to
all FBI CJIS provided data necessary for criminal justice agencies to perform their missions. Such
information shall consist of, but not be limited to biometric, identity history, biographic, property,
and case/incident history data.
1.5.6 Data contributed and/or exchanged via N-DEx is CJI, which contains Personally Identifiable
Information, e.g., names, social security numbers, etc., as well as, non-identifying descriptive
information e.g., offense location, weapon involved, etc., and may contain criminal history record
information as defined in Title 28, C.F.R., Part 20. The collection, storage, and dissemination of
information shall comply with all applicable laws and regulations.
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1.5.7 In accordance with the CJIS Security Policy, an information exchange agreement, i.e.,
a formal agreement specifying security controls must be signed before exchanging criminal
justice information. Formal agreements may take the form of user agreements, management
control agreements, CJIS security addendum, or any other document that meets the requirements
articulated in the CJIS Security Policy.
1.6 Policy Management
1.6.1 The CJIS APB, established by Title 28, C.F.R., Part 20.35, recommends general policy to
the FBI Director with respect to the philosophy, concept, and operational principles of the N-DEx
system. In its deliberations, the APB places particular emphasis on system security; and rules,
regulations, and procedures to maintain the integrity of CJIS System of Services and criminal
justice information.
1.6.2 Detailed information on the operation of the APB process can be found within the Bylaws
for the Criminal Justice Information Services Advisory Policy Board and Working Groups.
1.6.3 In accordance with the CJIS Security Policy, the CJIS Systems Officer (CSO) or designee
shall ensure a Terminal Agency Coordinator (TAC) is designated within each agency that has
devices accessing CJIS systems. The TAC serves as the POC for the CSO at the local agency for
matters relating to CJIS information access. The TAC administers CJIS systems programs with
the local agency and oversees the agency’s compliance with CJIS systems policies.
1.6.4 The CSO or designee shall ensure an N-DEx Agency Coordinator (NAC) is designated within
each agency which accesses N-DEx. The NAC serves as the POC for the CSO at the local agency
for matters relating to N-DEx. The NAC administers N-DEx within the local agency and oversees
the agency’s compliance with N-DEx system policies. The NAC may also be the agency’s TAC.
An agency may change its NAC at any time, but must notify the CSA in writing of the change. The
following N-DEx roles may be performed by the CSO, or delegated to the NAC or other appropriate
personnel within the CSA or N-DEx agency. It is recommended an alternate be assigned as a
back-up to assist with performing the administrative duties in case of emergency or personnel
changes. One individual may perform all administrative roles, or the roles may be assigned to
several individuals.
1.6.4.1 CSO Administrator Role – Responsible for managing the users, audit, and training within
their area of responsibility as identified by ORI. The role is activated by the N-DEx Program Office
within the N-DEx system for the CSO. Once activated, the role provides the CSO with the user,
audit, and training management functionality. The CSO has the ability to assign the user, audit,
and training management functionality by ORI to users/NACs at state, local, federal, and tribal
agencies.
1.6.4.2 Source Data Administrator Role – Responsible for establishing and managing the agency’s
configurable data sharing controls and submitting data to N-DEx for assigned record-owning
agency(ies). If the record-owning agency chooses to submit Uniform Crime Reporting / National
Incident Based Reporting System (NIBRS) data via N-DEx, the Source Data Administrator’s role is
expanded to include responsibilities for managing the NIBRS extract authorization and monitoring
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the extract process. The N-DEx Program Office enables the Source Data Administrator capability
within the N-DEx system.
1.6.4.3 Automated Processing Administrator Role – Responsible for activating, configuring, and
managing the N-DEx optional automated processing capability. Automated processing enables
an agency to receive reports reflecting correlations between their submissions and current N-DEx
information.
1.7 System Security
1.7.1 The CSA is responsible for establishing and administering an information technology security
program throughout the CSA’s user community consistent with roles and responsibilities described
in the Bylaws for the CJIS Advisory Policy Board and Working Groups and the CJIS Security
Policy.
1.7.2 The FBI uses hardware and software controls to help ensure system security. However, final
responsibility for the maintenance of the security and confidentiality of CJI rests with the individual
agencies participating in the N-DEx system. Further information regarding system security can be
obtained from the CJIS Security Policy.
1.7.3 The data stored in the N-DEx system is documented CJI and must be protected to ensure
authorized, legal, and efficient dissemination and use. It is incumbent upon an N-DEx participating
agency to implement procedures to make the N-DEx system secure from any unauthorized use.
2.0 QUALITY CONTROL, VALIDATION, TRAINING, AND OTHER PROCEDURES
2.1 Maintaining System Integrity
2.1.1 Responsibility To Maintain System Integrity
2.1.1.1 Pursuant to the current version of the Bylaws Of The Criminal Justice Information Services
Advisory Policy Board And Working Groups, the CSA is responsible for ensuring appropriate use,
enforcing system discipline and security, and ensuring CJIS operating procedures are followed
by all users, regardless of whether they are performed by CSA personnel, contracted support, an
outside agency, etc.
2.1.1.2 A CSA may delegate responsibilities, including user management, to the NAC of
subordinate agencies as outlined in the CJIS Security Policy.
2.1.1.3 The CSA may require notification of all new users given N-DEx through delegated user
management. It is the CSA’s responsibility to coordinate this notification process and the frequency
of notification with the delegated "user management designee". This process will ensure the CSA
has the desired level of involvement for user access since they remain ultimately responsible for
all CJIS System of Services activities.
2.2 Security
2.2.1 Security standards are documented in the CJIS Security Policy.
2.3 Audit
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2.3.1 Compliance audit: Compliance audit standards are documented in the CJIS Security Policy.
2.3.2 The FBI CJIS Division shall conduct compliance audits of CSAs that have agencies using
the N-DEx system. Audits shall consist of the following:
2.3.2.1 Administrative interview with N-DEx local agency NAC.
2.3.2.2 Network inspection.
2.3.2.3 A review of random N-DEx transactions.
2.3.2.4 A review of user access.
2.3.2.5 Technical security and, if applicable, NCIC and III policies will also be assessed.
2.3.3 Audits will not include a review of data quality.
2.3.4 CSA informational audits shall be conducted until September 30, 2015. At that time, the FBI
CJIS division shall incorporate the N-DEx audit into its existing audit cycle and audit findings will
be provided to the APB for its review and appropriate action, which may include sanctions.
2.3.5 Security audits: Security audit standards are documented in the CJIS Security Policy.
2.3.6 Audits by the CSA: CSA audit responsibilities are documented in the CJIS Security Policy
and Director approved APB guidance.
2.4 Training
2.4.1 CSAs may delegate N-DEx training to local agencies or regional information sharing entities.
2.4.2 Prior to searching data via N-DEx, CSAs shall ensure, directly or through local delegation,
that users are trained on N-DEx policy matters, emphasizing data use rules.
2.4.3 Basic security awareness training shall be required within six months of initial assignment
and biennially thereafter, for all personnel who have access to CJI.
2.4.4 Train N-DEx users granted access to leveraged CJIS System of Services system(s) in
accordance with individual leveraged system training requirements.
2.4.5 Every two years, train users on N-DEx policy matters, emphasizing data use rules.
2.4.6 CSA shall ensure that all individuals with physical and logical access to N-DEx information
are trained on N-DEx data use.
2.4.7 Maintain records of all training and proficiency affirmation.
2.4.8 The N-DEx PO shall make training materials available to the CSA. Training materials may
take the form of any of the below:
2.4.8.1 Basic course hand out materials and curriculum.
2.4.8.2 Video training.
2.4.8.3 Computer based training modules.
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2.5 Maintaining The Integrity of N-DEx Records

2.5.1 Record-owning agencies are responsible for the timeliness, accuracy, and completeness
of their data. The records in the record-owning agency record/case management system are
considered the source records.
2.5.2 Timeliness: Each record-owning agency shall submit data, including any updates or changes
to the original submission as often as a contributor can feasibly execute them. Updates or changes
shall be executed at least monthly.
2.5.3 Accuracy: Because records contributed to N-DEx will be limited to duplicates and summaries
of records obtained and separately managed by the record-owning agency within its own record/
case system(s), and for which the record-owning agency is responsible, each record-owning
agency shall ensure contributed data is reflected within the source system(s). The record-owning
agency shall ensure contributed data is synchronized with the Agencies source system records
as they are updated/changed.
2.5.4 Completeness: Each record-owning agency should submit as many N-DEx data elements
as they have available or are permitted to by law.
2.6 Quality Control
2.6.1 FBI personnel periodically check records entered into the N-DEx system. Issues discovered
in records are communicated directly to the CSA and NAC.
2.7 N-DEx System Maintenance
2.7.1 When scheduled maintenance is being conducted on the N-DEx system, an information
page will be displayed stating the expected outage time. If the N-DEx system should become
unavailable, outside of scheduled maintenance times, a warning banner will be displayed to the
users. However, after a reasonable period of time and the problem is not resolved, notify the FBI
CJIS, telephone 304-625-HELP [4357].
3.0 N-DEx SANCTIONS
3.1.1 In accordance with the CJIS Security Policy, each participating agency shall employ a formal
sanctions process for personnel failing to comply with established information security policies
and procedures.
3.1.2 Upon any discovery of misuse by any users or agencies granted access to the N-DEx system,
notification to their NAC and CSA must take place immediately.
3.1.3 Sanctions for misuse of N-DEx shall be established by the CJIS APB.
3.1.4 Sanctions for misuse of N-DEx-leveraged CJIS System of Services shall follow the
established sanctions process for the CJIS System of Services.
3.1.5 Sanctions for CJIS Security Policy violations shall follow the established sanctions process.
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809.4 CIBRS
PURPOSE:
The purpose of the CIBRS policy is to comply with MSS 299C.40 as well as rules and policies
prescribed by the Minnesota Department of Public Safety, Bureau of Criminal Apprehension
(BCA), regarding the access and the use of the CIBRS database system.
DEFINITIONS:
Audit: A process conducted by the staff of the Minnesota Department of Public Safety, Bureau
of Criminal Apprehension whereby the Agency is assessed on their compliance with the rules
specified in the user agreement.
CIBRS: The Comprehensive Incident Based Reporting System, a statewide repository of incident
based data from Minnesota law enforcement agencies. This electronic data sharing program is
designed to provide law enforcement access to data submitted by agencies, on a statewide level.
The data is recorded by the local agency within their records management system. The data is
owned and maintained by the local agency; however data that is public at the local agency will
change to private data in CIBRS.
CIBRS Training Certification: Members of the Brooklyn Center Police Department authorized to
access the CIBRS system will meet the training and certification requirements as prescribed in
the user agreement and the CIBRS policy of the Minnesota Department of Public Safety.
Initial Certification: The BCA training program and successful completion of the examination.
Recertification: An examination which must be successfully completed every two years.
Confidential Data on Individuals: As defined in MSS 13.62, Subdivision 3, confidential data on
individuals means the data which is made not public by statute or federal law applicable to the
data and is inaccessible to the individual subject of the data.
Government Issued Photo ID: This includes a state issued driver’s license or ID card, a certified
passport, or military ID card issued by a recognized branch of the United States military.
Non-Public Data: As defined in MSS 13.02, Subdivision 9, non-public data means data not on
individuals that is made by statute or federal law applicable to the data: (a) not accessible to the
public and (b) accessible to the subject, if any, of the data.
Private Data on Individuals: As defined in MSS 13.02, Subdivision 12, private data on individuals
means data which is made by statute or federal law applicable to the data: (a) not public and (b)
accessible to the individual subject of the data.
Protected Non-Public Data: As defined in MSS 13.02, Subdivision 13, protected non-public data
means data not on individuals which is made by statute or federal law applicable to the data (a)
not public and (b) not accessible to the subject of the data.
Responsible Agency: An agency that is responsible for the completeness and accuracy of a data
record within the CIBRS system.
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Submitting Agency: The entity responsible for ensuring the successful submission of a law
enforcement agency’s records to the CIBRS database.
User Agreement: A document entered into by the Minnesota Department of Public Safety and
the Brooklyn Center Police Department which lists the requirements and responsibilities to be met
by both entities.
ACCESS TO CIBRS BY DEPARTMENT MEMBERS
Only Department members who have completed the required training and certification and are
current on their certification will be allowed to access the CIBRS system. Certification will be
verified by the agency administrator for the CIBRS system.
Department members who have met the certification requirements will be allowed to access the
CIBRS database solely for the purposes listed below:
1. For the preparation of a case involving a criminal investigation being conducted by this agency.
2. To serve process in a criminal case.
3. To inform law enforcement of possible safety issues before service of process.
4. To enforce no contact orders.
5. To locate missing persons.
6. For the purpose of conducting a pre-employment background check on a candidate for a sworn
officer position.
7. To access the data at the request of the data subject.
ACCESS OF CIBRS DATA BY THE DATA SUBJECT
Individuals requesting CIBRS data on themselves must specifically ask for data contained within
the CIBRS system. The individual will be given a "CIBRS Request by Data Subject" form to
complete. Upon completion of the form the subject will be required to produce a government issued
photo ID. The name and date of birth on the government issued photo ID must exactly match the
name and date of birth listed on the CIBRS Request by Data Subject form. The exact name and
date of birth will be used to query the CIBRS system. A report, which is automatically outputted to
a printer, will be generated using the data subject information provided and the report will be given
to the data subject. *NOTE* No record flagged as confidential within the CIBRS system shall be
included in this report.
An individual may also request CIBRS data on themselves be forwarded to a third party. The
subject will be given a "CIBRS Request by Data Subject for Informed Consent" form to complete.
Upon completion of the form the subject will be required to produce a government issued photo
ID. The name and date of birth on the government issued photo ID must exactly match the name
and date of birth listed on the CIBRS Request by Data Subject Informed Consent Form. The exact
name and date of birth will be used to query the CIBRS system. A report which is automatically
outputted to a printer will be generated using the data subject information provided and given to
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the data subject who must then review and acknowledge the data contained within the report. To
verify this, the data subject will be required to initial the CIBRS report. If after reviewing the report,
the data subject still chooses to have the report forwarded to the third party, the Brooklyn Center
Police Department will assume responsibility for mailing the report to the address provided on the
CIBRS Request by Data Subject Informed Consent Form.
A parent or legal guardian may also request data from the CIBRS database on their juvenile child.
The steps to ensure the identity of the requesting party listed above will be followed; additionally
some type of proof of parenthood should also be obtained (i.e. same address as parent on D.L.
or ID, school issued ID, school records, court records, etc.)
CLASSIFICATION OF CIBRS DATA
No data contained within the CIBRS system is classified as public data, classification within the
CIBRS system is as follows:
1. Confidential/Protected Non-Public: This applies to data which relates to an active case. This
data is non-public and is not accessible to the subject of the data.
2. Private/Non-Public: This applies to data which relates to an inactive case or one which has not
been updated in the CIBRS application for 120 days. This data is not accessible to the public, but
is accessible to the data subject.
Only data which is Private/Non-Public will be released to the subject of the data or a third party at
the request of the data subject. Data classified as Confidential/Protected Non-Public is related to
an active case and will not be released to the subject of the data or a third party at their request.
Requests for CIBRS data will be handled by the Chief of Police, CIBRS agency administrator, or
the Support Services Supervisor.
CIBRS DATA NO LONGER NEEDED
Data which is no longer required for its intended purpose will be placed in the container to be
shredded.
DATA VERIFICATION
Data obtained from the CIBRS database for the purposes of a criminal investigation and/or a pre-
employment background check will be verified by contacting the responsible agency.
CIBRS DATA CHALLENGE
Upon the Brooklyn Center Police Department’s participation in the CIBRS program as a submitting
agency, (Brooklyn Center Police Department is the responsible agency) an individual may file a
data challenge questioning the accuracy and/or completeness of the data. If a data challenge is
received the following requirements must be met and actions taken:
1. The request must be made in writing by the subject of the data and their identity must be verified
through a government issued photo ID. The request must describe the nature of the inaccuracies.
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2. The challenge will be forwarded to the agency responsible authority (the Chief of Police or his/
her designee.). The responsible authority will then ensure that the record(s) in question is flagged
within the CIBRS database as initiated.
3. Within 30 days the record challenge will be addressed and a determination will be made by
the Chief of Police.
a. Sustained challenges will be corrected or deleted upon determination. A letter will be sent to the
data subject informing them of the results of their challenge to the data. The Brooklyn Center Police
Department Responsible Authority will then update the CIBRS database marking the record in
question as having sustained that challenge. CIBRS will then automatically notify the responsible
authorities of all agencies that have viewed the record in question within the last year.
b. If a challenge is not sustained and the data will not be altered, a letter will be sent to the data
subject informing them of the results of their challenge. They will be informed that any appeal
to this decision must be made to the Minnesota Department of Administration in St. Paul. The
responsible authority will then see that the flag previously placed on data is changed to declined.
If a data challenge correction is received from another agency in regard to information this agency
has obtained from the CIBRS database, the correction will be forwarded to the employee who
originally obtained the data. The employee will then destroy the original data or replace it with
the updated data.
MISUSE OF THE CIBRS SYSTEM
Misuse of the CIBRS system is defined as:
1. Deliberate or intentional access for purposes not authorized by MSS 299C.40.
2. Repeated misuse whether intentional or unintentional.
3. Intentional dissemination or failure to disseminate CIBRS data in accordance with the statute.
An employee of this department determined to have misused the CIBRS system will have their
privilege to access the CIBRS system immediately revoked. The period of revocation will be
determined by the Chief of Police. The employee may also be subject to additional discipline per
department policy 456.78. The type of discipline and course of action will be determined by the
Chief of Police.
Misuse of the CIBRS system may also carry sanctions for the employee or agency from the BCA.
These sanctions will be honored and full cooperation will be given to the BCA audit staff. The BCA
will conduct audits of the agency to ensure proper use of the CIBRS system. The Brooklyn Center
Police Department will cooperate with the audit staff and provide the requested documents and
verification.
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BCA Policies for FBI CJIS Audits, Audit

Compliance and Audit Sanctions
809.1 POLICY
The purpose of this policy is to define the criteria for FBI CJIS audits as well as technical security
audits and sanctions for misuse of the CJDN and other MNJIS systems to ensure the security and
appropriate use of all information accessed through the CJDN (as defined by agency agreements,
Advisory Policy Board (APB) approved policies, NCIC 2000 Operating Manual, current FBI CJIS
Security Policy, MNJIS CJDN Network Security Policy 5002, and state and federal law).
These policies apply to all personnel who have access to information provided through the CJDN
or MNJIS systems or have physical access to a CJDN terminal area. This includes agency
personnel, associates, visitors, vendors, third party contractors, and others.
The intended audience is criminal justice and non-criminal justice employees as well as any
authorized or unauthorized persons including Minnesota Justice Information Services (MNJIS)/
National Crime Information Center (NCIC) terminal operators, sworn personnel, third party
contractors, vendors, basic and advanced search users, local agency administrators, and
responsible authorities accessing criminal justice information through the Criminal Justice Data
Communications Network (CJDN).
809.2 DEFINITIONS
Criminal History System (CHS):
Criminal history data means all data maintained in criminal history records contained in a
computerized repository and compiled by the Bureau of Criminal Apprehension, including, but
not limited to fingerprints, photographs, identification data, arrest data, prosecution data, criminal
court data, and custody and supervision data for persons charged in Minnesota (M.S.13.87).
Criminal Justice Agency:
An agency of the state or an agency of a political subdivision or the federal government charged
with detection, enforcement, prosecution, adjudication or incarceration in respect to the criminal
or traffic laws of this state (M.S. 299C.46 Subd. 2). This definition also includes all sites identified
and licensed as a detention facility by the commissioner of corrections under M.S. 241.021 and
those federal agencies that serve part or all of the state from an office located outside the state.
The CJDN is a secure computer network used to access federal, state, and out-of-state files for
criminal justice purposes and certain non-criminal justice purposes.
Interstate Identification Index (III):
A computerized index that points to out-of-state and FBI criminal history records.
Law Enforcement Incident Search (LEIS):
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BCA Policies for FBI CJIS Audits, Audit Compliance and Audit Sanctions
The Law Enforcement Incident Search is located in the Department of Public Safety and is
managed by the Bureau of Criminal Apprehension, Minnesota Justice Information Services
section (M.S. 299C.40).
Local Agency:
Any Minnesota criminal justice or non-criminal justice agency authorized to access the CJDN and
all otherMNJIS systems.
Local Agency Security Officer (LASO):
The primary information security contact between a local criminal justice agency and the BCA.
The LASO actively represents their agency in all matters pertaining to information security,
disseminates information security alerts and other material to their constituents, maintains
information security documentation (including system configuration data), assists with information
security audits of hardware and procedures, and keeps the BCA informed as to any information
security needs and problems.
Minnesota Justice Information Services (MNJIS):
A division within the Bureau of Criminal Apprehension that collects and disseminates criminal
justice data. Included in this data are state hot file records (Minnesota Hot Files). MN Hot Files
include but are not limited to: wanted persons, impound vehicles, KOPS, MN gangs, MN protection
orders, and sex offender registration. MNJIS also maintains other computerized information
systems to collect and disseminate state and federal data such as criminal history records and
LEIS.
National Crime Information Center (NCIC):
A computerized system that houses hot file records on a national level.
Non-Criminal Justice Agency:
An agency of a state or an agency of a political subdivision of a state charged with the responsibility
of performing checks of state databases connected to the CJDN (M.S. 299C.46 Subd. 2a).
Non-Criminal Justice Purposes:
The use of criminal history records for purposes authorized by federal or state law (other than
for purposes relating to criminal justice activities) including employment suitability, licensing
determinations, immigration and naturalization matters, national security clearances, and other
legislative authorized purposes. Any use outside of this scope may be subject to sanctions.
Personnel:
The term ‘personnel’ includes criminal justice and non-criminal justice employees as well as any
authorized or unauthorized persons including third party contractors, vendors, basic and advanced
search users, local agency administrators, and responsible authorities accessing NCIC/MNJIS
systems and information or areas where CJDN terminals are located.
Department
809.3 MNJIS AUDIT POLICY

(a) FBI CJIS compliance audits of all criminal justice and non-criminal justice agencies
that have access to information provided through the CJDN or have a CJDN terminal
will be conducted by BCA Training and Auditing once every three years to ensure
the security and appropriate use of all information accessed through the CJDN.
The compliance audit will cover accuracy, completeness, timeliness, security and
dissemination of Interstate Identification Index (III) and criminal history inquiries,
missing person records, and wanted person records. Also included is the entry,
modification or deletion of information to ensure accuracy and completeness. The BCA
audit staff will work directly with the Terminal Agency Coordinator (TAC) in preparing
for and conducting the FBI CJIS compliance audit.
(b) A MNJIS compliance audit of the Law Enforcement Incident Search (LEIS) will be
conducted six months after initial access and once every three years thereafter to
ensure the security and appropriate use of all information accessed through LEIS.
Audits may also be random and unannounced. The audit will cover written policies,
training and certification, proper marking of challenged data in LEIS, timely notification
to LEIS of a change in data classification, data security and dissemination, and LEIS
initial inquiries. The BCA audit staff will work directly with the agency’s TAC when
conducting a LEIS audit. The audit will be separate from the FBI CJIS compliance
audit.
(c) An FBI CJIS compliance audit of the National Data Exchange (N-DEx) will be
conducted once every three years to ensure the security and appropriate use
of all information accessed through N-DEx. Audits may also be random and
unannounced. The audit will cover written policies, training and certification, proper
marking of challenged data in N-DEx, timely notification to N-DEx of a change in data
classification, data security and dissemination, and N-DEx initial inquiries. The BCA
audit staff will work directly with the agency’s TAC when conducting an N-DEx audit.
The audit will be separate of the FBI CJIS compliance audit.
(d) The FBI CJIS Audit Unit will conduct a compliance audit as well as a technical security
audit of the BCA once every three years. These audits will include a sample of state
and local criminal justice and non-criminal justice agencies. The objective of the audit
is to verify adherences to the FBI CJIS policies and regulations.
(e) Technical security audits of all CJDN terminal agencies will be conducted by the BCA
once every three years to ensure the security of all CJDN information. The compliance
audit will include, but is not limited to, information security, password protection,
computer and network security, security incident response, remote/wireless computer
use, proper encryption, firewall protection, data backup, auditing, and personnel
training and security awareness. The BCA technical security audit staff will work
directly with the Local Agency Security Officer (LASO) when conducting a technical
security audit.
To that end, the BCA will utilize the sanctions identified below in a reasonable way to gain
compliance with system objectives.
Department
809.4 MNJIS AUDIT ACHIEVEMENT POLICY

(a) The MNJIS Audit Unit shall establish guidelines for achieving complete compliance
with all criminal justice and non-criminal justice agencies if complete compliance was
not achieved during the initial FBI CJIS compliance audit. The BCA audit staff will
work directly with the agency TAC and the agency administrator to assist in bringing
the agency into compliance.
(b) The compliance achievement plan includes but is not limited to:
(a) Tutoring, coaching, and mentoring
(b) Formal and informal training
(c) Follow-up audits
(c) In the event that complete compliance has not been achieved at the end of the audit
compliance process, and all other options have been exhausted, the MNJIS Sanction
Policy will be implemented.
809.5 MNJIS SANCTION POLICY

The BCA shall establish guidelines for sanctioning to include warnings and disciplinary actions
leading up to and including for employees and local agencies (including third-party contractors and
associates where applicable) found to be allowing any unauthorized access, use, or dissemination
of criminal history and hot file information and other information accessed through the CJDN as
defined in agency agreements, the current FBI CJIS Security Policy, MNJIS Network Security
Policy 5002, and state and federal law.
(a) The BCA will use the standards and sanctions recommended by the FBI CJIS
Audit Unit and the BCA to ensure compliance with MNJIS system objectives and
applications.
(b) All criminal justice and non-criminal justice agencies must sign an appropriate BCA/
MNJIS Agreement before access to the CJDN is allowed. The agreement indicates
the sanctions that can be imposed for failure to comply.
(c) Sanctionable issues include, but are not limited to:
1. Intentional misuse of the CJDN system and information
2. Continued unintentional misuse of the CJDN system and information
3. Misuse of LEIS for purposes not authorized in M.S. 299C.40
4. Intentional dissemination or failure to disseminate LEIS data in compliance with
M.S. 299C.40
5. Failure to address problems found during an audit or follow-up audit
6. Failure to address problems during an investigation
7. Failure to ensure security of equipment and data
8. Any other federal rule, statue and state statues as they become appropriate.
(d) CJDN/MNJIS sanctions may include:
Department
(a) Cancelling agency records

(b) Terminating CJDN access
(c) Criminal prosecution
(e) In consultation with the BCA Superintendent, MNJIS Deputy Superintendent and the
BCA Assistant Director of Training and Auditing, the state CSO will make final decision
on appropriate sanctions for an agency.
809.6 VIOLATION OF POLICY

Violations of this policy shall be reported to the appropriate local agency head as well as the BCA
Superintendent or his/her designated representative.
809.7 ENFORCEMENT
Any local agency found to have violated these policies will be subject to appropriate disciplinary
action as defined by the policies and procedures referenced in this document as well as those
of the affected state agency.
Department
CJDN Network Security

810.1 POLICY
The Bureau of Criminal Apprehension’s (BCA) Minnesota Justice Information Services (MNJIS)
operates the Criminal Justice Data Communications Network (CJDN) so that authorized agencies
can retrieve criminal justice information (CJI) in order to perform their duties. The purpose of
this policy is to help those authorized agencies comply with both the current FBI (CSP) and
this Bureau of Criminal Apprehension (BCA) MNJIS . The CSP provides the minimum level of
information technology (IT) security requirements acceptable for the transmission, processing,
and storage of the nation's Criminal Justice Information System (CJIS) data. These requirements
are necessary to establish uniformity and consistency in safeguarding CJI which is accessed via
networks throughout the federal, state, and local user communities.
The primary intent of this policy is to clarify certain sections of the CSP so that it is easier for
agencies to be in compliance and to set statewide standards regarding the security and movement
of CJI within Minnesota.
Any security controls listed in this policy that are more restrictive than the CSP will be clearly
stated (they are highlighted with ).
810.2 DEFINITIONS
A
MNJIS Terminal:
Any device used by a Local Agency to connect to the CJDN to retrieve CJI. Examples of a MNJIS
Terminal include, but are not limited to, a desktop computer, laptop, tablet, and cellular telephone.
Mobile Devices:
Any portable device used to access CJI via a wireless connection. Examples of mobile devices are
smart phones, cellular phones transmitting CJI, laptops and tablets and other portable equipment
which can easily be moved from one location to another.
Non-Physically Secure Location:
A non-physically secure location is any area that does not fall under the definition of a Physically
Secure Location.
Occasional Unescorted Access:
Is the infrequent access needed for a task in a Physically Secure Location. Examples are
maintaining vending machines and watering plants.
Physically Secure Location:
A facility, an area, a room, or a group of rooms that have the physical and personnel security
controls sufficient to protect CJI and the associated information system
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Department
subject to the authorized agency’s management and control. Specific information on squad cars
and physical security is found on page 6.
Public Key Infrastructure (PKI):
Algorithms and encryption that use key pairs to secure CJI whether in transit or at rest.
Wireless Technology:
Is the transmission of voice and/or data communications via radio frequencies.
Many of the terms used in this policy are defined in the CSP and so are not defined in this
document. Additional defined terms are found below.
Authorized agency:
A government agency authorized by the BCA to have access to BCA and FBI resources and that
has a valid joint powers agreement or other contract executed by it and the BCA.
BCA:
The CJIS Systems Agency (CSA) and State Identification Bureau (SIB) for Minnesota.
CJI Environment:
An authorized agency’s isolated infrastructure where CJI passes is accessed, and/or stored. This
includes, but is not limited to, network switches, routers, firewalls, workstations, servers, and virtual
environments.
CJIS Systems Officer (CSO):
The BCA employee responsible for the administration of the system that makes it possible to send
and retrieve CJI.
For statutorily authorized users, the CJDN is a connectivity method that has been approved by
the BCA.
Criminal Justice Information (CJI):
Criminal Justice Information is the abstract term used to refer to all data from systems containing,
integrated with, or derived from data in the FBI CJIS repositories and also includes data contained
in, integrated with or derived from data maintained in BCA repositories and that are necessary for
authorized agencies to perform their work.
Foreign network:
Any network or network connection procured only by a Local Agency that has access to the CJDN.
Local Agency:
Any Minnesota agency, including federal agencies that serve part or all of Minnesota, authorized
to access the CJDN.
Department
810.3 ROLES AND RESPONSIBILITIES

(a) Authorized Agency
The authorized agency using the CJDN is responsible for ensuring that personnel screening
is conducted as required by the CSP and Minnesota Statutes, section 299C.46 and that users
receive initial security awareness training and on-going security awareness training as outlined
in the CSP.
CJIS System Agency Information Security Officer (CSA ISO)
1. The CSA ISO is a BCA employee who is responsible for:
(a) Ensuring agencies conform to the CSP and this policy.
(b) Ensuring management controls are in place for the CJDN including the
management of State routers, firewalls, and VPN devices.
(c) Ensuring that state and local agency network topology documentation is current.
(d) Supporting security-related configuration management for the BCA and Local
Agencies.
(e) Providing guidance in implementing security measures at the local level.
(f) Disseminating security-related training materials to local agencies.
(g) Collecting information about security incidents from LASOs for submission to
the FBI.
Advanced Authentication and Encryption
(a) The technical security requirements for encryption and advanced authentication for
CJI transmitted across the CJDN are as follows:
(a) Physically Secure Location with direct access to CJDN.
i. Must use NIST-certified 140-2 encryption algorithm with a minimum of
a128 bit encryption key.
ii. No advanced authentication is required.
(b) Physically Secure Location to Physically Secure Location to CJDN. For example,
a city police department has a network connection to the county sheriff’s office
which has direct access to CJDN.
i. Must use NIST-certified 140-2 encryption algorithm with a minimum of a
128-bit encryption key.
ii. No advanced authentication required.
(b) Access to CJDN from a location that is not physically secure must use advanced
authentication and encryption. Police vehicles in Minnesota are physically secure and
so advanced authentication and encryption is not required
Local Agency Security Officer (LASO)
Department
(a) Each agency head must appoint a LASO for the agency. The LASO, who is the liaison
between his/her Local Agency and the CSA ISO, is responsible for ensuring that the
agency complies with both the CSP and this policy.
(b) The tasks assigned to the LASO in the CSP are modified as follows:
(a) Identify who is using the CSA approved hardware, software, and firmware and
ensure no unauthorized individuals or processes have access to the same.
(b) Identify and document how the equipment is connected to the state system.
(c) Ensure that personnel security screening procedures are being followed as
stated in the CSP
(d) Ensure the approved and appropriate security measures are in place and
working as expected.
(e) Support policy compliance and keep the state/federal ISO informed of security
incidents.
(f) Ensure the physical security of all MNJIS terminals and equipment in the
authorized agency’s environment that accesses the CJDN or contains CJI.
Authorized Agency
The authorized agency using the CJDN is responsible for ensuring that personnel screening
is conducted as required by the CSP and Minnesota Statutes, section 299C.46 and that users
receive initial security awareness training and on-going security awareness training as outlined
in the CSP.
Standards of Enforcement
(a) Each Local Agency is responsible for enforcing system security standards for their
agency in addition to all of the other agencies and entities which the Local Agency
provides CJI services. Local Agencies must have written policies to address the
security provisions of the CSP and this policy. Local Agencies must also have
procedures in place to deactivate the passwords, log-ons, and other access tools of
separated employees.
(b) Authorized users must access CJIS systems and disseminate CJI only for the
purposes for which they are authorized. Each authorized agency permitted access
to FBI CJIS and Minnesota systems will be held to the provisions of the policies and
guidelines set forth in this policy as well as the most current version of the CSP.
Personnel Security
(a) According to the CSP, any individual with unescorted access in a Physically Secure
Location must have a national, fingerprint-based background check and complete
appropriate security awareness training. Most individuals will take the security
awareness training via the BCA’s Launch Pad (https://bcanextest.x.state.mn.us/
launchpad/) by using the CJIS Online functionality. Access to these sites is restricted;
access is granted by the TAC. As part of the training, individuals will be tested as
required by the CSO. Each agency is responsible for keeping documentation of each
employee’s completion of security awareness training.
Department
(b) Once the individual has met the requirements, they can have unescorted access to
any part of the Physically Secure Location where there are devices through which
CJI can be accessed or where output from those devices can be found in any media
(paper, electronic or other physical format).
(c) Individuals who do not need to move freely within a Physically Secure Location must
be escorted at all times by an individual who has met these Personnel Security
requirements.
(d) For individuals who have Occasional Unescorted Access within a Physically Secure
Location, the security awareness training requirement is satisfied by signing an
agreement acknowledging that they understand they are working in a location with
access to protected data, whether access is via a device, printout or overheard
conversation and that the protected data need to “remain in the building.” The
agreement must be signed prior to gaining access to CJI and must be renewed every
two years. A sample agreement can be found on the BCA’s CJDN Secure website,
https://app.dps.mn.gov/cjdn/ under MNJIS Policies. Credentials for the CJDN Secure
website are obtained from the BCA Service Desk (651-793-2500/ 1-888-234-1119
or [email protected]). The sample agreement can also be found on
the BCA’s Launch Pad in the CJIS Documents folder under the heading Security
Awareness Training and Testing.
Personnel Screening for Contractors, Vendors, and Governmental Agencies Performing
Criminal Justice functions on Behalf of an Authorized Agency
As provided in the CSP, the CSO sets the standard for background checks on contractors and
vendors. The BCA will register companies whose employees support authorized agencies in
Minnesota after determining that the company is in compliance with the CSP and has signed a
Security Addendum with the BCA. Part of the registration will include a determination that the
5050 company operates in compliance with the CSP and this policy. The BCA will conduct all
national fingerprint-based background checks on all vendor employees and will be the centralized
repository for the documentation of security awareness training and testing for those employees.
Information on the process is available from the BCA CJIS SAT Screening Unit, *DPS_BCA CJIS
SAT [email protected].
Incident Response
(a) The CSP requires that Local Agencies report a security incident, whether physical
or logical, to the FBI via the CSA ISO. Local Agencies are required to have
a policy regarding security incidents and how they are reported. Local Agencies
should use NIST Special Publication 800- 61 as a template for the required incident
response policy. The NIST publication can be found at: http://nvlpubs.nist.gov/
nistpubs/SpecialPublications/NIST.SP.800-61r2.pdf
(b) The Local Agency must report all suspected security incidents to the CSA ISO
within 24 hours of the initial discovery. Security incidents include loss or theft of
media containing CJI (e.g. paper, thumb drive) or equipment, suspicious or malicious
software in the Local Agency’s environment or unusual network activity. Information
security events and weaknesses associated with information systems must be
Department
communicated in a manner allowing timely corrective action to be taken. Formal

event reporting and procedures to increase attention depending on the severity of the
situation must be in place.
(c) Wherever feasible, the Local Agency must employ automated mechanisms to assist
in the reporting of security incidents. All employees, contractors and third party users
must be made aware of the procedures for reporting the different types of events
and weaknesses that might have an impact on the security of agency assets and
are required to report any information security events and weaknesses as quickly as
possible to the designated point of contact.
Firewalls
Local Agencies with access to a foreign network connected to the CJDN must be protected with
a firewall device. This must include all forms of access including wireless, dial-in, off-site, Internet
access, and others. Firewall architectures must prevent unauthorized access to CJI, the Local
Agency’s network, and all network components.
Physically Secure Location
(a) A Physically Secure Location is a facility, an area, a room, or a group of rooms,
that is/are subject to authorized agency management control and which contain
hardware, software, and/or firmware (, information system servers, controlled interface
equipment, associated peripherals or communications equipment, wire closets, patch
panels, .) that provide access to the CJIS and CJDN networks. Physical security
perimeters must be acceptable to the CSO.
(b) Restricted and controlled areas must be prominently posted and separated from non-
physically secured areas by physical barriers that restrict unauthorized access. Every
physical access point to physically secure areas housing information systems that
access, process, or display CJI must be secured in a manner which is acceptable to
the CSO during both working and non-working hours.
(c) All CJI transmitted through any public network segment or over Internet connections
must be immediately protected using a NIST certified, FIPS 140-2 encryption algorithm
using a minimum of a 128-bit encryption key. This requirement also applies to any
private data circuit.
(d) Advanced Authentication (AA) is the term describing added security functionality, in
addition to the typical user identification and authentication of login ID and password,
such as:
(a) Biometric systems
(b) Public Key Infrastructure (PKI)
(c) Smart cards
(d) Software tokens or hardware tokens
(e) “Risk-based Authentication” that includes a software token element comprised
of a number of factors, such as network information, user information, positive
device identification (device forensics, user pattern analysis and user binding)
and user profiling, and also includes high-risk challenge/response questions.
Department
(e) The objectives of implementing AA are to uniquely and positively identify an authorized
individual for access to CJI.
(f) Once authenticated, access to CJI must be though a NIST certified, FIPS 140-2
encryption algorithm using a minimum of a 128-bit encryption key.
(g) Encryption keys, such as pre-shared keys used in a site-to-site VPN, must be changed
at least once a year.
(h) Digital certificates, whether device and/or user based, must expire and be reissued at
least once every two years.
(i) AA does not have to be a part of establishing the encrypted transport.
(j) No remote access to CJI, from an unsecure location, is permitted unless both AA and
compliant encrypted transport requirements are met.
(k) The infrastructure for AA/encryption must be on an isolated network, not part of the
CJDN or a city/county user network.
(l) The infrastructure for encryption must isolate authorized agency users from non-
authorized agency users.
(m) The agency must have a firewall between the CJDN and AA/encryption environments.
(n) The agency firewall must ensure that only properly authorized and authenticated users
may pass through the firewall to access CJI and/or any resources where CJI is in
transit or at rest.
(o) The agency AA/encryption environment may provide access to other non-criminal
justice resources such as email and county/city resources as required.
(p) Any agency AA methodology must utilize real-time user authentication to an agency
controlled remote environment. Device authentication and locally cached credentials
must not be used as part of AA.
Mobile Devices
The use of mobile devices to access CJI is rapidly changing and the FBI periodically issues
additional direction on their use. Contact the CSA ISO for the most current requirements governing
the use of these devices. The CSA ISO can be reached at [email protected].
Software as a Service (SaaS)
(a) For an Authorized agency who wants to use a private sector vendor to provide SaaS
the requirements are:
(a) An Authorized agency must consult with the BCA to ensure all requirements can
be or are being met.
(b) The Authorized agency must send a written request, on agency letterhead, to
the CSO requesting that vendor provide SaaS.
(c) The Authorized agency must have appropriate agreements in place with BCA.
(d) The Authorized agency must have written contract with the vendor. The vendor
must comply with the CSP and this policy as well as any contractors of Vendor.
Department
i. If the vendor is a non-criminal justice government agency, a Management

Control Agreement is needed.
ii. If the vendor is in the private sector, the Security Addendum needs to
be signed and employees must sign Security Addendum Certification. If
the vendor has subcontractors, there must also be a written agreement
between them, along with Security Addendum and Security Addendum
Certifications.
iii. SaaS must be provided in an isolated network that must reside in the
continental United States.
iv. Data must be encrypted in transmission and at rest.
v. SaaS must be configured so that any agency may only have access
to another criminal justice agency’s data if the access is authorized by
Minnesota law and the parties have a signed agreement approving the
access.
vi. Back up security must meet FBI CJIS requirements.
vii. BCA must have access for audit.
viii. Vendor/agency responsible for cost of connecting to the vendor, however
accomplished.
Cloud Computing
(a) Any authorized agency that wants to store CJI in or transmit CJI through a cloud
environment should consult with the BCA prior to any storage or transmission of
CJI. The BCA willreference the most current version of the FBI’s Technical Report
entitled “Recommendations for Implementation of Cloud Computing Solutions.” (As
of April 2017, the report was available at https://www.fbi.gov/file-repository/cjis-cloud-
computing- report_20121214.pdf/view).
(b)
Electronic Media Disposal
When it is necessary to sanitize or destroy physical media, the use of media sanitization
and destruction methods consistent with the applicable guidance contained in NIST 800-88
(available at http://nvlpubs.nist.gov/nistpubs/SpecialPublications/NIST.SP.800-88r1.pdf) and/or
DOD 5220.22-M (available at http://www.dtic.mil/whs/directives/corres/pdf/522022M.pdf) is
required.
Analytics Tools
Any Local Agency that wishes to use an analytic tool should consult with BCA prior to
implementation to ensure that the tool is in compliance with the CSP and this policy.
Network Configuration
The LASO is responsible for ensuring network compliance with the CSP and establishing
procedures for documenting, maintaining, and updating their agency’s criminal justice information
Department
network configuration. Contact the CSO ISO at [email protected] for assistance with network
configurations.
Department
Appropriate Use of Systems and Data

811.1 POLICY
In support of criminal justice agencies and other authorized users, the Minnesota Bureau of
Criminal Apprehension (BCA) operates a number of data repositories and a secure network. This
system and various tools allow authorized users to access data from state and federal sources in
order to perform their official functions. These authorized users are employed in either a criminal
justice or noncriminal justice agency.
In some instances, the statute that created the repository authorizes the access to and use of the
data. In other instances, access to the data is governed by the provisions found in the Minnesota
Government Data Practices Act, Minnesota Statutes, Chapter 13 and Minnesota Statutes, section
299C.46.
Access to and use of the secure network needs to be done in compliance with The BCA CJDN
Network Security Policy, No. MNJIS-5002.
811.2 PURPOSE
The purpose of this policy is to:
• establish a working relationship between the BCA and authorized agencies that
promotes and supports appropriate use at all times,
• establish the standards and guidelines for appropriate use of the repositories and
secure network,
• document the processes used to determine if the use is appropriate, and
• provide penalties for failure to meet the standards.
811.3 DEFINITIONS
As used in this policy, the following terms have the meaning given.
Appropriate Use:
Means the agency that employs the individual user is eligible under the applicable statutes and
regulations to have access to the secure network and the data, and that the data have been
retrieved as part of an employee’s work assignment or are retrieved to share the data with another
entity authorized by law to receive them. See Minnesota Statutes, sections 13.05 and 13.055. If
an agency has a more restrictive policy on access and/or sharing, the employee must also follow
the agency policy.
Authorized agency:
Means a criminal justice agency or noncriminal justice agency as defined in Minnesota Statutes,
section 299C.46.
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Department
Follow up audit:
Means an audit of an agency following identification of issues identified during a routine audit or
when inappropriate use has been found or from self-reporting. A follow up audit can occur anytime.
Hot File:
Is a Minnesota or FBI data file containing information about persons or property that can be
accessed by Authorized Agencies and their employees in performance of their authorized duties.
Inappropriate Use:
Means any use that is not an “appropriate use” or for which there i s no acceptable lawful
explanation or documentation why the transaction was conducted. Examples of a lawful
explanation include “assigned to traffic enforcement,” “assigned to Safe and Sober campaign,” or
“to determine eligibility for benefits from a noncriminal justice agency.”
Intentional:
Means that an employee knowingly behaves in a manner that is inappropriate or repeats a
behavior after being informed that the behavior is not acceptable. Determining the intent of the
employee is done by either the agency or the BCA or both.
Non-compliant:
Means an agency has not taken the necessary steps to conduct the investigation or to resolve the
issues identified during an audit, follow up audit, or investigation.
Unintentional:
Means that an employee unknowingly behaves in a way that results in inappropriate use.
811.4 ACCESS AND CONTROL

Access to and use of data in BCA repositories or available from other repositories via the secure
network is controlled by one or more of the following:
1. A specific state statute – e.g. Minnesota Statutes, section 299C.40 controls the Law
Enforcement Incident Search or LEIS (formerly known as the Comprehensive Incident-
Based Reporting System or CIBRS)
2. Minnesota Statutes, section 299C.46 controls the use of the secure network
3. Federal regulations implemented through the FBI CJIS Security Policy
4. Federal regulations implemented for data files including, but not limited to, N-DEx
(National Data Exchange) and NICS (National Instant Criminal Background Check
System)
5. control access to court case information
6. Policies adopted by other agencies concerning access to and use of that agency’s
data–e.g. Corrections’ policies on access to the Statewide Supervision System (S3).
7. Terms of the contract between the agency and the BCA
Department
8. The Bureau of Criminal Apprehension, CJDN Network Security Policy, No. MNJIS-
5002.
811.5 TOOLS TO DETERMINE APPROPRIATE ACCESS

1. The appropriateness of access is enforced using a number of tools. The first tool is
the agency audit (See Audit Policy MNJIS-5005). Transactions involving Minnesota
and federal criminal history and “Hot File” data are audited every three years as
required by the FBI. Additional audits are done of agencies:
(a) With access to Law Enforcement Incident Search ( LEIS) (formerly known as
CIBRS);
(b) With access to National Data Exchange (N-DEx);
(c) With access to Gun Permit Background Check (GPBC);
(d) Integrated Search Services users who access the S3;
(e) and using a methodology that identifies patterns of use. For example, access
to Driver and Vehicle Services (DVS) data or data about persons available
through the Law Enforcement Message Switch (LEMS or Portals) via the secure
network.
2. If issues are identified during an audit, the agency’s Trainer/Auditor will explain the
next steps (see Audit Policy MNJIS-5005). Additional tools for evaluating appropriate
use include:
1. as a result of a question asked by an agency’s user
2. in response to an official agency request
3. following allegations of inappropriate use
4. analysis of system use by the BCA
5. based on transactions identified by the BCA’s pattern analysis tool; or
6. self-reporting.
3. Use is reviewed at both an individual user and agency level.
4. Examples of issues that can result in a finding of inappropriate use or noncompliance
include, but are not limited to:
(a) Unintentional inappropriate use of data retrieved from BCA repositories or
repositories reached via the BCA secure network
(b) Unintentional inappropriate use of the secure network
(c) Intentional inappropriate use of data retrieved from BCA repositories or
repositories reached via the BCA secure network
(d) Intentional inappropriate use of the secure network
(e) Retrieving data and providing it to an individual whose access to the system or
network has been suspended
Department
(f) Failure to ensure the security of the data and equipment used to retrieve the data
(g) Retrieval or sharing of data in a manner not authorized by the governing statute
or federal regulation
(h) Failure to investigate allegations of inappropriate use presented by BCA to the
agency
(i) Failure to respond to BCA requests for information about transactions performed
by agency users
(j) Failure to address problems found during an audit or follow-up audit
5. If the agency is in litigation about the transactions, it must let the Assistant Director
of Training and Auditing at the BCA know that fact. Once there is an agreement
to settle the case or a verdict is given, the agency must report to the BCA on the
appropriateness of the query.
811.6 INVESTIGATIONS AND SANCTIONS

In addition to any employment consequences for behavior found to be in violation of this Policy,
there may be additional consequences imposed by the BCA that affect the employee’s ability to
use systems and tools provided by the BCA.
The BCA recognizes that an Authorized Agency has a separate human resources process that
it must follow when there is a complaint against one of the agency’s employees. The BCA also
knows that there may be a collective bargaining agreement that directs which processes must
be used in the investigation and evaluation of a complaint. As Minnesota Statutes, section 13.43
classifies data about alleged misconduct by an employee as private data, the agency head
should consult with the Assistant Director of the Training and Auditing Unit prior to finalizing
any disciplinary decisions so that the consequences related to data or system access can be
coordinated. The CJIS Systems Officer (CSO) will have an opportunity to evaluate the general
circumstances and determine if additional sanctions related only to system access w i l l be
imposed by the BCA. Any data shared by the agency a r e documented in the BCA case
management system and are classified in the same way as in the Authorized Agency. See
Minnesota Statutes, section 13.03, subd. 4.
Criteria Used to Evaluate the Allegations or Findings of Inappropriate Use
The criteria to be used in evaluating the allegations or findings of inappropriate use include,
but are not limited to the following:
(a) How many transactions were found to be inappropriate?
(b) Over what period of time did the transactions occur?
(c) What types of transactions were inappropriate?
(d) What was the purpose of the inappropriate use?
(e) How much experience does the employee have?
(f) How much training does the employee have and what type?
Department
(g) Is there a history of inappropriate use?

(h) If there is a history of inappropriate use, what were the prior corrective actions?
(i) Was the criminal justice information re-disseminated? If yes, to whom?
(j) Has the employee taken responsibility for the conduct?
(k) Is there a history of inappropriate use at the Authorized Agency?
(l) What steps has the Authorized Agency taken to address the inappropriate use?
(m) Any other information the BCA requests in the notice sent to the employee based on
the circumstances
The evaluation of the inappropriate use and the determination whether there will be any BCA-
imposed sanctions is made by the CJIS Security Officer in consultation with the Assistant Director
of the Training and Auditing Unit and the Senior Legal Analyst for MNJIS.
Sanctions may include any of the following:
(a) Requiring the employee to be re-trained and re-take any certification testing applicable
to the criminal justice information in question
(b) Requiring that the employee’s transactions be monitored for a stated period of time
to ensure transactions are appropriate
(c) Loss of access to the system(s) or tool(s) where the inappropriate use occurred
(d) Loss of access to other systems or tools the employee is authorized to use
(e) Loss of all access to BCA systems or tools for a period of time
(f) Loss of all access to BCA systems or tools on a permanent basis
(g) Requiring the employee to notify any future employer of the inappropriate use
(h) Requiring that any Authorized Agency that agrees to hire the employee monitor the
employee’s use of BCA systems or tools to ensure appropriate use
An affected employee will be notified in writing during the evaluation process of the allegations
of inappropriate use and will be given an opportunity to provide written information to the BCA.
If an agency is the subject of the allegations of inappropriate use, the agency head will receive
the notice.
The notice will detail the allegations and provide a deadline by which the affected party can provide
written information explaining the alleged inappropriate use and any other information the affected
party believes to be relevant. In the case of an affected employee, the employing agency will
receive a copy of the notice. The affected employee may ask their agency to make a submission
on their behalf. The agency must document the affected
employee’s request in the submission. Information received from the affected party or agency will
be provided to the CJIS Systems Officer, Assistant Director of Training and Auditing and a Senior
Legal Analyst who will make the decision whether to impose sanctions.
Department
Once a decision to impose sanctions has been made, the BCA will notify the affected party and
agency in writing. The affected party will be given 10 business days to make a written appeal to the
BCA’s Superintendent and the Deputy Superintendent for Minnesota Justice Information Services.
The affected employee may ask their agency to make an appeal on their behalf. The agency must
document the affected employee’s request in the appeal. The appeal should include information
about the findings of inappropriate use and/or the sanction imposed that the affected employee
wants considered. The Superintendent and Deputy Superintendent may request a meeting with
the affected party if they wish more information or clarification. The meeting may be held in-person
or via an interactive method where all parties can be seen as well as heard.
The Superintendent and Deputy Superintendent will have 10 business days from receipt of the
appeal or the meeting to issue a written decision about the issues raised by the appeal. A copy of
the decision will be provided to the affected party and employing agency.
811.7 ROLES AND RESPONSIBILITIES

The BCA provides training on appropriate use of the various repositories and in some instances
requires that users be certified to have access. Some of the systems that require certification also
require re-certification. The BCA enforces all certification and re-certification requirements. The
agency head is responsible for ensuring that authorized employees review relevant training for
use of the secure network and accessing the repositories as well as completing certification when
required.
To ensure that all authorized agencies and users are in compliance with the applicable
requirements, the BCA has a Training and Auditing Unit whose staff members are responsible for
assisting agencies and their users as well as auditing transactions for compliance.
Department
Chapter 9 - Custody
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Department
Temporary Custody of Adults

This policy provides guidelines to address the health and safety of adults taken into temporary
custody by members of the Brooklyn Center Police Department for processing prior to being
released or transferred to a housing or other type of facility.
Temporary custody of juveniles is addressed in the Temporary Custody of Juveniles
Policy. Juveniles will not be permitted where adults who are in custody are being held.
Custodial searches are addressed in the Custodial Searches Policy.
900.1.1 DEFINITIONS
Holding cell/cell - Any locked enclosure for the custody of an adult or any other enclosure
that prevents the occupants from being directly visually monitored at all times by a member of
the Department.
Safety checks - Direct, visual observation by a member of this department performed at random
intervals, within time frames prescribed in this policy, to provide for the health and welfare of adults
in temporary custody.
Temporary custody - The time period an adult is in custody at the Brooklyn Center Police
Department prior to being released or transported to a housing or other type of facility.
900.2 POLICY
The Brooklyn Center Police Department is committed to releasing adults from temporary custody
as soon as reasonably practicable and to keeping adults safe while in temporary custody at
the Department. Adults should be in temporary custody only for as long as reasonably necessary
for investigation, processing, transfer or release.
900.3 GENERAL CRITERIA AND SUPERVISION

No adult should be in temporary custody for longer than sixteen hours (Minn. R.
2945.0100; Minn. R. 2945.0120).
900.3.1 INDIVIDUALS WHO SHOULD NOT BE IN TEMPORARY CUSTODY

Individuals who exhibit certain behaviors or conditions should not be in temporary custody at
the Brooklyn Center Police Department, but should be transported to a jail facility, a medical facility
or other type of facility as appropriate. These include:
(a) Any individual who is unconscious or has been unconscious while being taken into
custody or while being transported.
(b) Any individual who has a medical condition, including pregnancy, or who may require
medical attention, supervision or medication while in temporary custody.
(c) Any individual who is seriously injured.
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Department
(d) Individuals who are a suspected suicide risk (see the Civil Commitments Policy).
1. If the officer taking custody of an individual believes that he/she may be a suicide
risk, the officer shall ensure continuous direct supervision until evaluation,
release or a transfer to an appropriate facility is completed.
(e) Individuals who are obviously in crisis, as defined in the Crisis Intervention Incidents
Policy.
(f) Individuals who are under the influence of alcohol, a controlled substance or any
substance to the degree that may require medical attention, or who have ingested
any substance that poses a significant risk to their health, whether or not they appear
intoxicated.
(g) Any individual who has exhibited extremely violent or continuously violent behavior.
(h) Any individual who has claimed, is known to be afflicted with, or displays symptoms
of any communicable disease that poses an unreasonable exposure risk.
(i) Any individual with a prosthetic or orthopedic device where removal of the device
would be injurious to his/her health or safety.
Officers taking custody of a person who exhibits any of the above conditions should notify a
supervisor of the situation. These individuals should not be in temporary custody at the Department
unless they have been evaluated by a qualified medical or mental health professional, as
appropriate for the circumstances.
900.3.2 SUPERVISION IN TEMPORARY CUSTODY

An authorized department member capable of supervising shall be present at all times when an
individual is held in temporary custody. The member responsible for supervising should not have
other duties that could unreasonably conflict with his/her supervision. Any individual in custody
must be able to summon the supervising member if needed. If the person in custody is deaf or
hard of hearing or cannot speak, accommodations shall be made to provide this ability.
At least one female department member should be present when a female adult is in temporary
custody. In the event that none is readily available, the female in custody should be transported
to another facility or released pursuant to another lawful process.
Absent exigent circumstances, such as a medical emergency or a violent subject, members should
not enter the cell of a person of the opposite sex unless a member of the same sex as the person
in custody is present.
No individual in custody shall be permitted to supervise, control or exert any authority over other
individuals in custody.
900.4 INITIATING TEMPORARY CUSTODY

The officer responsible for an individual in temporary custody should evaluate the person for
any apparent chronic illness, disability, vermin infestation, possible communicable disease or
any other potential risk to the health or safety of the individual or others. The officer should
specifically ask if the individual is contemplating suicide and evaluate him/her for obvious signs or
Department
indications of suicidal intent. If there is any suspicion the individual may be suicidal, he/she shall
be transported to the County jail or the appropriate mental health facility.
If temporary custody is required in excess of 16 hours and telephone use is likely to compromise
an ongoing investigation the individual will be transported to the Brooklyn Park Detention Facility.
In all other instances where temporary custody in excess of 16 hours is necessary the individual
shall be transported to the County jail.
The officer should promptly notify the Shift Sergeant of any conditions that may warrant immediate
medical attention or other appropriate action. The Shift Sergeant shall determine whether the
individual will be placed in a cell, immediately released or transported to jail or other facility.
900.4.1 CONSULAR NOTIFICATION

Consular notification may be mandatory when certain foreign nationals are arrested.
The Patrol Division Commander will ensure that the U.S. Department of State’s list of countries
and jurisdictions that require mandatory notification is readily available to department members.
There should also be a published list of foreign embassy and consulate telephone and fax
numbers, as well as standardized notification forms that can be transmitted and then retained for
documentation. Prominently displayed signs informing foreign nationals of their rights related to
consular notification should also be posted in areas used for the temporary custody of adults.
Department members assigned to process a foreign national shall:
(a) Inform the individual without delay he/she may have his/her consular officers notified
of the arrest or detention and may communicate with them.
1. This notification should be documented.
(b) Determine whether the foreign national’s country is on the U.S. Department of State’s
mandatory notification list.
1. If the country is on the mandatory notification list, then:
(a) Notify the country’s nearest embassy or consulate of the arrest or
detention by fax or telephone.
(b) Tell the individual this notification has been made and inform him/her
without delay he/she may communicate with consular officers.
(c) Forward any communication from the individual to his/her consular officers
without delay.
(d) Document all notifications to the embassy or consulate and retain the
faxed notification and any fax confirmation for the individual’s file.
2. If the country is not on the mandatory notification list and the individual requests
his/her consular officers be notified, then:
(a) Notify the country’s nearest embassy or consulate of the arrest or
detention by fax or telephone.
(b) Forward any communication from the individual to his/her consular officers
without delay.
Department
900.4.2 SCREENING AND PLACEMENT

The officer responsible for an individual in custody shall do the following:
(a) Advise the Shift Sergeant of any significant risks presented by the individual (e.g.,
suicide risk, health risk, violence).
(b) Avoid placing an adult in a cell with another adult unless no other cell is available.
When such placement is necessary, members shall:
1. Consider whether the individual may be at a high risk of being sexually abused
based on all available known information (28 CFR 115.141) or whether the
person is facing any other identified risk.
2. Provide any individual identified as being at a high risk for sexual or other
victimization with heightened protection. This may include (28 CFR 115.113; 28
CFR 115.141):
(a) Continuous, direct sight and sound supervision.
(b) Single-cell placement in a cell that is actively monitored on video by a
member who is available to immediately intervene.
3. Ensure individuals are separated according to severity of the crime (e.g., felony
or misdemeanor).
4. Ensure males and females are separated by sight and sound when in cells.
5. Ensure restrained individuals are not placed in cells with unrestrained
individuals.
(c) Ensure that those confined under civil process or for civil causes are kept separate
from those who are in temporary custody pending criminal charges.
(d) Ensure separation, as appropriate, based on other factors, such as age, criminal
sophistication, assaultive/non-assaultive behavior, mental state, disabilities and
sexual orientation.
900.5 SAFETY, HEALTH AND OTHER PROVISIONS
900.5.1 TEMPORARY CUSTODY LOGS

Any time an individual is in temporary custody at the Brooklyn Center Police Department, the
custody shall be promptly and properly documented in a custody log, including:
(a) Identifying information about the individual, including his/her name.
(b) Date and time of arrival at the Department.
(c) Any charges for which the individual is in temporary custody and any case number.
(d) Time of all safety checks.
(e) Any medical and other screening requested and completed.
(f) Any emergency situations or unusual incidents.
(g) Any other information that may be required by other authorities, such as compliance
inspectors.
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(h) Date and time of release from the Brooklyn Center Police Department.
The Shift Sergeant should initial the log to approve the temporary custody and should also initial
the log when the individual is released from custody or transferred to another facility.
The Shift Sergeant should make periodic checks to ensure all log entries and safety and security
checks are made on time.
900.5.2 RELIGIOUS ACCOMMODATION

Subject to available resources, safety and security, the religious beliefs and needs of all individuals
in custody should be reasonably accommodated. Requests for religious accommodation should
generally be granted unless there is a compelling security or safety reason and denying the request
is the least restrictive means available to ensure security or safety. The responsible supervisor
should be advised any time a request for religious accommodation is denied.
Those who request to wear headscarves or simple head coverings for religious reasons should
generally be accommodated absent unusual circumstances. Head coverings shall be searched
before being worn.
Individuals wearing headscarves or other approved coverings shall not be required to remove them
while in the presence of or while visible to the opposite sex if they so desire. Religious garments
that substantially cover the individual’s head and face may be temporarily removed during the
taking of any photographs.
900.5.3 ORTHOPEDIC OR PROSTHETIC APPLIANCE

Subject to safety and security concerns, individuals shall be permitted to retain an orthopedic or
prosthetic appliance. However, if the appliance presents a risk of bodily harm to any person or is
a risk to the security of the facility, the appliance may be removed from the individual unless its
removal would be injurious to his/her health or safety.
Whenever a prosthetic or orthopedic appliance is removed, the Shift Sergeant shall be promptly
apprised of the reason. It shall be promptly returned when it reasonably appears any risk no longer
exists.
900.5.4 MEDICAL CARE

First-aid equipment and basic medical supplies should be available to department members. At
least one member who has current certification in basic first aid and CPR should be on-duty at
all times.
Should a person in custody be injured or become ill, appropriate medical assistance should be
sought. A supervisor should meet with those providing medical aid at the facility to allow access
to the person. Members shall comply with the opinion of medical personnel as to whether an
individual in temporary custody should be transported to the hospital. If the person is transported
while still in custody, he/she will be accompanied by an officer.
Those who require medication while in temporary custody should not be at the Brooklyn Center
Police Department. They should be released or transferred to another facility as appropriate.
Department
900.5.5 TEMPORARY CUSTODY REQUIREMENTS

Members monitoring or processing anyone in temporary custody shall ensure:
(a) Safety checks and significant incidents/activities are noted on the log.
(b) Individuals in custody are informed they will be monitored at all times, except when
using the toilet.
1. There shall be no viewing devices, such as peep holes or mirrors, of which the
individual is not aware.
2. This does not apply to surreptitious and legally obtained recorded interrogations.
(c) There is reasonable access to toilets and wash basins.
(d) There is reasonable access to a drinking fountain or water.
(e) There are reasonable opportunities to stand and stretch, particularly if handcuffed or
otherwise restrained.
(f) There is privacy during attorney visits.
(g) Those in temporary custody are generally permitted to remain in their personal clothing
unless it is taken as evidence or is otherwise unsuitable or inadequate for continued
wear while in custody.
(h) Clean blankets are provided as reasonably necessary to ensure the comfort of an
individual.
1. The supervisor should ensure that there is an adequate supply of clean blankets.
(i) Adequate shelter, heat, light and ventilation are provided without compromising
security or enabling escape.
(j) Adequate furnishings are available, including suitable chairs or benches.
900.5.6 TELEPHONE CALLS

Individuals in temporary custody should be permitted to make a reasonable number of completed
telephone calls when it becomes reasonable for an officer to allow telephone access and so long
as providing telephone access does not interfere with an ongoing investigation.
(a) Telephone calls may be limited to local calls, except that long-distance calls may be
made by the individual at his/her own expense.
1. The Department should pay the cost of any long-distance calls related to
arranging for the care of a child or dependent adult (see the Child and Dependent
Adult Safety Policy).
(b) The individual should be given sufficient time to contact another party in order to make
necessary arrangements, including child or dependent adult care, or transportation
upon release.
1. Telephone calls are not intended to be lengthy conversations. The member
assigned to monitor or process the individual may use his/her judgment in
determining the duration of the calls.
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(c) Calls between an individual in temporary custody and his/her attorney shall be deemed
confidential and shall not be monitored, eavesdropped upon or recorded.
900.5.7 FIREARMS AND OTHER SECURITY MEASURES

Firearms shall not be permitted in secure areas where individuals are in custody or are processed.
They should be properly secured outside of the secure area. An exception may occur only during
emergencies, and upon approval of a supervisor.
All perimeter doors to secure areas shall be kept locked at all times except during routine cleaning
when no individuals in custody are present or in the event of an emergency, such as an evacuation.
900.5.8 FINGERPRINTING
Once the person has been taken into temporary custody the arresting officer should ensure the
following are taken:
(a) Finger and thumb prints
(b) Photographs
(c) Distinctive physical mark identification data
(d) Information on any known aliases or street names
(e) Any other identification data requested or required by the Bureau of Criminal
Apprehension
The Shift Sergeant should ensure fingerprints and other identifying information is entered into the
searchable database managed by the Bureau of Criminal Apprehension (Minn. Stat. § 299C.10,
Subd. 1).
900.6 USE OF RESTRAINT DEVICES

Individuals in custody may be handcuffed in accordance with the Handcuffing and Restraints
Policy. Unless an individual presents a heightened risk handcuffs should generally be removed
when the person is in a cell.
The use of restraints other than handcuffs or leg irons generally should not be used for individuals
in temporary custody at the Brooklyn Center Police Department unless the person presents a
heightened risk and then only in compliance with the Handcuffing and Restraints Policy.
Individuals in restraints shall be kept away from other unrestrained individuals in custody and
monitored to protect them from abuse.
900.6.1 PREGNANT ADULTS

Women who are known to be pregnant should be restrained in accordance with the Handcuffing
and Restraints Policy.

The personal property of an individual in temporary custody should be removed, inventoried
and processed as provided in the Custodial Searches Policy unless the individual requests a
Department
different disposition. For example an individual may request property (i.e., cash, car or house
keys, medications) be released to another person. A request for the release of property to another
person must be made in writing. Release of the property requires the recipient’s signature on the
appropriate form.
Upon release of an individual from temporary custody his/her items of personal property shall
be compared with the inventory, and he/she shall sign a receipt for the property's return. If the
individual is transferred to another facility or court, the member transporting the individual is
required to obtain the receiving person’s signature as notice of receipt. The Department shall
maintain a copy of the property receipt.
The Shift Sergeant shall be notified whenever an individual alleges there is a shortage or
discrepancy regarding his/her property. The Shift Sergeant shall attempt to prove or disprove the
claim.
All intangible personal property that is unclaimed for more than three years is presumed
abandoned (Minn. Stat. § 345.38).
900.8 HOLDING CELLS

A thorough inspection of a cell shall be conducted before placing an individual into the cell to
ensure there are no weapons or contraband and that the cell is clean and sanitary. An inspection
also should be conducted when he/she is released. Any damage noted to the cell should be
photographed and documented. The following requirements shall apply:
(a) The individual shall be searched (see the Custodial Searches Policy), and anything
that could create a security or suicide risk such as contraband, hazardous items, belts,
shoes or shoelaces and jackets, shall be removed.
(b) The individual shall constantly be monitored by an audio/video system during the entire
custody.
(c) The individual shall have constant auditory access to department members.
(d) The individual’s initial placement into and removal from a locked enclosure shall be
logged.
(e) Safety checks by department members shall occur no less than every 15 minutes.
(a) Safety checks should be at varying times.
(b) All safety checks shall be logged.
(c) The safety check should involve questioning the individual as to his/her well-
being.
(d) Individuals who are sleeping or apparently sleeping should be awakened.
(e) Requests or concerns of the individual should be logged.
Department
900.9 SUICIDE ATTEMPT, DEATH, OR SERIOUS INJURY

The Patrol Division Commander will ensure procedures are in place to address any suicide
attempt, death, or serious injury of any individual in temporary custody at the Brooklyn Center
Police Department. The procedures should include (Minn. Stat. § 390.11, Subd. 1(6)):
(a) Immediate request for emergency medical assistance if appropriate.
(b) Immediate notification of the Shift Sergeant, Chief of Police, and Investigation Division
Commander.
(c) Notification of the spouse, next of kin, or other appropriate person.
(d) Notification of the appropriate prosecutor.
(e) Notification of the City Attorney.
(f) Notification of the Medical Examiner.
(g) Evidence preservation.
900.10 RELEASE AND/OR TRANSFER

When an individual is released or transferred from custody, the member releasing the individual
should ensure the following:
(a) All proper reports, forms, and logs have been completed prior to release.
(b) A check has been made to ensure the individual is not reported as missing and does
not have outstanding warrants.
(c) It has been confirmed the correct individual is being released or transported.
(d) All property except evidence, contraband, or dangerous weapons, has been returned
to, or sent with, the individual.
(e) All pertinent documentation accompanies the individual being transported to another
facility (e.g., copies of booking forms, medical records, an itemized list of his/her
property, warrant copies).
(f) The individual is not permitted in any nonpublic areas of the Brooklyn Center Police
Department unless escorted by a member of the Department.
(g) Any known threat or danger the individual may pose (e.g., escape risk, suicide
potential, medical condition) is documented, and the documentation transported with
the individual if he/she is being sent to another facility.
1. The department member transporting the individual shall ensure such risks are
communicated to intake personnel at the other facility.
(h) Generally, persons of the opposite sex, or adults and juveniles, should not be
transported in the same vehicle unless they are physically separated by a solid barrier.
If segregating individuals is not practicable, officers should be alert to inappropriate
physical or verbal contact and take appropriate action as necessary
(i) Transfers that exceed 100 miles shall be accomplished with a custodial escort of
the same sex as the individual being transferred unless video and audio recording
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equipment is installed in the vehicle that is capable of recording the transferee for the
entire duration of the transfer (Minn. Stat. § 631.412).
(a) Recordings of such transfer shall be maintained by the Department for at least
12 months after the date of the transfer.
900.11 ASSIGNED ADMINISTRATOR

The Support Services Manager should ensure any reasonably necessary supplemental
procedures are in place to address the following issues:
(a) General security
(b) Key control
(c) Sanitation and maintenance
(d) Emergency medical treatment
(e) Evacuation plans
(f) Fire- and life-safety
(g) Disaster plans
(h) Building and safety code compliance
900.12 TRAINING
Department members should be trained and familiar with this policy and any supplemental
procedures.
Department
Custody Searches
This policy provides guidance regarding searches of individuals in custody. Such searches are
necessary to eliminate the introduction of contraband, intoxicants or weapons into the Brooklyn
Center Police Department facility. Such items can pose a serious risk to the safety and security
of department members, individuals in custody, contractors and the public.
Nothing in this policy is intended to prohibit the otherwise lawful collection of evidence from an
individual in custody.
901.1.1 DEFINITIONS
Custody search - An in-custody search of an individual and of his/her property, shoes and
clothing, including pockets, cuffs and folds on the clothing, to remove all weapons, dangerous
items and contraband.
Physical body cavity search - A search that includes a visual inspection and may include
a physical intrusion into a body cavity. Body cavity means the stomach or rectal cavity of an
individual, and the vagina of a female person.
Strip search - A search that requires an individual to remove or rearrange some or all of
his/her clothing to permit a visual inspection of the underclothing, breasts, buttocks, anus or
outer genitalia. This includes monitoring an individual who is changing clothes, where his/her
underclothing, buttocks, genitalia or female breasts are visible.
901.2 POLICY
All searches shall be conducted with concern for safety, dignity, courtesy, respect for privacy and
hygiene, and in compliance with policy and law to protect the rights of those who are subject to
any search.
Searches shall not be used for intimidation, harassment, punishment or retaliation.
901.3 FIELD AND TRANSPORTATION SEARCHES

An officer should conduct a custody search of an individual immediately after his/her arrest, when
receiving an individual from the custody of another, and before transporting a person who is in
custody in any department vehicle.
Whenever practicable, a custody search should be conducted by an officer of the same sex as
the person being searched. If an officer of the same sex is not reasonably available, a witnessing
officer should be present during the search.
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Custody Searches
901.4 SEARCHES AT POLICE FACILITIES

Custody searches shall be conducted on all individuals in custody, upon entry to the Brooklyn
Center Police Department facilities. Except in exigent circumstances, the search should be
conducted by a member of the same sex as the individual being searched. If a member of the
same sex is not available, a witnessing member must be present during the search.
Custody searches should also be conducted any time an individual in custody enters or re-enters
a secure area, or any time it is reasonably believed that a search is necessary to maintain the
safety and security of the facility.
901.4.1 PROPERTY
Members shall take reasonable care in handling the property of an individual in custody to avoid
discrepancies or losses. Property retained for safekeeping shall be kept in a secure location until
the individual is released or transferred.
Some property may not be accepted by a facility or agency that is taking custody of an individual
from this department, such as weapons or large items. These items should be retained for
safekeeping in accordance with the Property and Evidence Policy.
All property shall be inventoried by objective description (this does not include an estimated value).
The individual from whom it was taken shall be required to sign the completed inventory. If the
individual's signature cannot be obtained, the inventory shall be witnessed by another department
member. The inventory should include the case number, date, time, member's Brooklyn Center
Police Department identification number and information regarding how and when the property
may be released.
901.4.2 VERIFICATION OF MONEY

All money shall be counted in front of the individual from whom it was received. When possible,
the individual shall initial the dollar amount on the inventory. Additionally, all money should be
placed in a separate envelope and sealed. Negotiable checks or other instruments and foreign
currency should also be sealed in an envelope with the amount indicated but not added to the
cash total. All envelopes should clearly indicate the contents on the front. The department member
sealing it should place his/her initials across the sealed flap. Should any money be withdrawn or
added, the member making such change shall enter the amount below the original entry and initial
it. The amount of money in the envelope should always be totaled and written on the outside of
the envelope.
901.5 STRIP SEARCHES

No individual in temporary custody at any Brooklyn Center Police Department facility shall
be subjected to a strip search unless there is reasonable suspicion based upon specific and
articulable facts to believe the individual has a health condition requiring immediate medical
attention or is concealing a weapon or contraband. Factors to be considered in determining
reasonable suspicion include, but are not limited to:
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Custody Searches
(a) The detection of an object during a custody search that may be a weapon or
contraband and cannot be safely retrieved without a strip search.
(b) Circumstances of a current arrest that specifically indicate the individual may be
concealing a weapon or contraband.
1. A felony arrest charge or being under the influence of a controlled substance
should not suffice as reasonable suspicion absent other facts.
(c) Custody history (e.g., past possession of contraband while in custody, assaults on
department members, escape attempts).
(d) The individual’s actions or demeanor.
(e) Criminal history (i.e., level of experience in a custody setting).
No transgender or intersex individual shall be searched or examined for the sole purpose of
determining the individual’s genital status. If the individual’s genital status is unknown, it may be
determined during conversations with the person, by reviewing medical records, or as a result of
a broader medical examination conducted in private by a medical practitioner (28 CFR 115.115).
901.5.1 STRIP SEARCH PROCEDURES

Strip searches at Brooklyn Center Police Department facilities shall be conducted as follows (28
CFR 115.115):
(a) Authorization from a Sergeant or Duty Command Officer (DCO) shall be obtained prior
to the strip search.
(b) All members involved with the strip search shall be of the same sex as the individual
being searched, unless the search is conducted by a medical practitioner.
(c) All strip searches shall be conducted in a professional manner under sanitary
conditions and in a secure area of privacy so that it cannot be observed by those not
participating in the search. The search shall not be reproduced through a visual or
sound recording.
(d) Whenever possible, a second member of the same sex should also be present during
the search, for security and as a witness to the finding of evidence.
(e) Members conducting a strip search shall not touch the breasts, buttocks, or genitalia
of the individual being searched.
(f) The primary member conducting the search shall prepare a written report to include:
1. The facts that led to the decision to perform a strip search.
2. The reasons less intrusive methods of searching were not used or were
insufficient.
3. The name of the authorizing supervisor.
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Custody Searches
4. The name of the individual who was searched.

5. The name and sex of the members who conducted the search.
6. The name, sex, and role of any person present during the search.
7. The time and date of the search.
8. The place at which the search was conducted.
9. A list of the items, if any, that were recovered.
10. The facts upon which the member based his/her belief that the individual was
concealing a weapon or contraband.
(g) No member should view an individual's private underclothing, buttocks, genitalia,
or female breasts while that individual is showering, performing bodily functions, or
changing clothes, unless he/she otherwise qualifies for a strip search. However, if
serious hygiene or health issues make it reasonably necessary to assist the individual
with a shower or a change of clothes, a supervisor should be contacted to ensure
reasonable steps are taken to obtain the individual's consent and/or otherwise protect
his/her privacy and dignity.
901.5.2 SPECIAL CIRCUMSTANCE FIELD STRIP SEARCHES

A strip search may be conducted in the field only with Sergeant or DCO authorization and only
in exceptional circumstances, such as when:
(a) There is probable cause to believe that the individual is concealing a weapon or other
dangerous item that cannot be recovered by a more limited search.
(b) There is probable cause to believe that the individual is concealing controlled
substances or evidence that cannot be recovered by a more limited search, and there
is no reasonable alternative to ensure the individual cannot destroy or ingest the
substance during transportation.
These special-circumstance field strip searches shall only be authorized and conducted under the
same restrictions as the strip search procedures in this policy.
901.6 PHYSICAL BODY CAVITY SEARCH

Physical body cavity searches shall be subject to the following:
(a) No individual shall be subjected to a physical body cavity search without written
approval of the Shift Sergeant and only upon a search warrant or approval of legal
counsel. A copy of any search warrant and the results of the physical body cavity
search shall be included with the related reports and made available, upon request,
to the individual or authorized representative (except for those portions of the warrant
ordered sealed by a court).
(b) Only a physician may conduct a physical body cavity search.
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Custody Searches
(c) Except for the physician conducting the search, persons present must be of the
same sex as the individual being searched. Only the necessary department members
needed to maintain the safety and security of the medical personnel shall be present.
(d) Privacy requirements, including restricted touching of body parts and sanitary
condition requirements, are the same as required for a strip search.
(e) All such searches shall be documented, including:
1. The facts that led to the decision to perform a physical body cavity search of
the individual.
2. The reasons less intrusive methods of searching were not used or were
insufficient.
3. The Shift Sergeant’s approval.
4. A copy of the search warrant.
5. The time, date and location of the search.
6. The medical personnel present.
7. The names, sex and roles of any department members present.
8. Any contraband or weapons discovered by the search.
(f) A copy of the written authorization shall be retained and shall be provided to the
individual who was searched or other authorized representative upon request.
901.7 TRAINING
The Training Sergeant shall ensure members have training that includes (28 CFR 115.115):
(a) Conducting searches of cross-gender individuals.
(b) Conducting searches of transgender and intersex individuals.
(c) Conducting searches in a professional and respectful manner, and in the least
intrusive manner possible, consistent with security needs.
Department
Prison Rape Elimination

This policy provides guidance for complying with the Prison Rape Elimination Act of 2003 (PREA)
and the implementing regulation that establishes standards (PREA Rule) to prevent, detect, and
respond to sexual abuse, harassment, and retaliation against prisoners in the Brooklyn Center
Police Department Temporary Holding Facilities (28 CFR 115.111).
902.1.1 DEFINITIONS
Intersex - A person whose sexual or reproductive anatomy or chromosomal pattern does not seem
to fit typical definitions of male or female. Intersex medical conditions are sometimes referred to
as disorders of sex development (28 CFR 115.5).
Sexual abuse - Any of the following acts, if the prisoner does not consent, is coerced into such
act by overt or implied threats of violence, or is unable to consent or refuse:
• Contact between the penis and the vulva or the penis and the anus, including
penetration, however slight
• Contact between the mouth and the penis, vulva, or anus
• Penetration of the anal or genital opening of another person, however slight, by a
hand, finger, object, or other instrument
• Any other intentional touching, either directly or through the clothing, of the genitalia,
anus, groin, breast, inner thigh, or the buttocks of another person, excluding contact
incidental to a physical altercation (28 CFR 115.6)
Sexual abuse also includes abuse by a staff member, contractor, or volunteer as follows, with or
without consent of the prisoner or resident:
• Contact between the penis and the vulva or the penis and the anus, including
penetration however slight
• Contact between the mouth and the penis, vulva, or anus
• Contact between the mouth and any body part where the staff member, contractor, or
volunteer has the intent to abuse, arouse, or gratify sexual desire
• Penetration of the anal or genital opening, however slight, by a hand, finger, object,
or other instrument that is unrelated to official duties, or where the staff member,
contractor, or volunteer has the intent to abuse, arouse, or gratify sexual desire
• Any other intentional contact, either directly or through the clothing, of or with the
genitalia, anus, groin, breast, inner thigh, or the buttocks that is unrelated to official
duties, or where the staff member, contractor, or volunteer has the intent to abuse,
arouse, or gratify sexual desire
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• Any attempt, threat, or request by a staff member, contractor, or volunteer to engage

in the activities described above
• Any display by a staff member, contractor, or volunteer of his/her uncovered genitalia,
buttocks, or breast in the presence of a prisoner or resident
• Voyeurism by a staff member, contractor, or volunteer (28 CFR 115.6)
Sexual harassment - Repeated and unwelcome sexual advances; requests for sexual favors;
verbal comments, gestures or actions of a derogatory or offensive sexual nature by one prisoner
or resident that are directed toward another; repeated verbal comments or gestures of a sexual
nature to a prisoner or resident by a staff member, contractor, or volunteer, including demeaning
references to gender, sexually suggestive, or derogatory comments about body or clothing, or
obscene language or gestures (28 CFR 115.6).
Transgender - A person whose gender identity (i.e., internal sense of feeling male or female) is
different from the person's assigned sex at birth (28 CFR 115.5).
902.2 POLICY
The Brooklyn Center Police Department has zero tolerance toward all forms of sexual abuse and
sexual harassment (28 CFR 115.111). The Department will not tolerate retaliation against any
person who reports sexual abuse or sexual harassment or who cooperates with a sexual abuse
or sexual harassment investigation.
The Brooklyn Center Police Department will take immediate action to protect prisoners who are
reasonably believed to be subject to a substantial risk of imminent sexual abuse (28 CFR 115.162).
902.3 PREA COORDINATOR

The Chief of Police shall appoint an upper-level manager with sufficient time and authority to
develop, implement, and oversee department efforts to comply with PREA standards in the
Brooklyn Center Police Department Temporary Holding Facilities (28 CFR 115.111). The PREA
Coordinator's responsibilities shall include:
(a) Developing and maintaining procedures to comply with the PREA Rule.
(b) Ensuring that any contract for the confinement of Brooklyn Center Police Department
prisoners includes the requirement to adopt and comply with applicable PREA
standards and the PREA Rule, including the obligation to provide incident-based and
aggregated data, as required in 28 CFR 115.187 (28 CFR 115.112).
(c) Developing a staffing plan to provide adequate levels of staffing and video monitoring,
where applicable, in order to protect prisoners from sexual abuse (28 CFR 115.113).
This includes documenting deviations and the reasons for deviations from the staffing
plan, as well as reviewing the staffing plan a minimum of once per year.
(d) Developing methods for staff to privately report sexual abuse and sexual harassment
of prisoners (28 CFR 115.151).
Department
(e) Developing a written plan to coordinate response among staff first responders, medical
and mental health practitioners, investigators, and department leadership to an
incident of sexual abuse (28 CFR 115.165).
(f) Ensuring a protocol is developed for investigating allegations of sexual abuse in the
Temporary Holding Facility. The protocol shall include (28 CFR 115.121; 28 CFR
115.122):
1. Evidence collection practices that maximize the potential for obtaining usable
physical evidence based on the most recent edition of the U.S. Department
of Justice's (DOJ) Office on Violence Against Women publication, “A
National Protocol for Sexual Assault Medical Forensic Examinations, Adults/
Adolescents” or a similarly comprehensive and authoritative protocol.
2. A process to ensure a criminal or administrative investigation is completed on
all allegations of sexual abuse or sexual harassment.
3. A process to document all referrals to other law enforcement agencies.
4. Access to forensic medical examinations, without financial cost, for all victims
of sexual abuse where appropriate. Such examinations shall be performed
by Sexual Assault Forensic Examiners (SAFEs) or Sexual Assault Nurse
Examiners (SANEs) where possible. If SAFEs or SANEs cannot be made
available, the examination can be performed by other qualified medical
practitioners. The efforts to provide SAFEs or SANEs shall be documented.
5. In accordance with security needs, provisions to permit to the extent available
prisoner access to victim advocacy services if the prisoner is transported for a
forensic examination to an outside hospital that offers such services.
(g) Ensuring that prisoners with limited English proficiency and disabilities have an equal
opportunity to understand and benefit from efforts to prevent, detect, and respond
to sexual abuse and sexual harassment. This includes, as appropriate, access to
interpreters and written materials in formats or through methods that provide effective
communication to those with disabilities (e.g., limited reading skills, intellectual,
hearing or vision disabilities) (28 CFR 115.116).
1. The agency shall not rely on other prisoners for assistance except in limited
circumstances where an extended delay in obtaining an interpreter could
compromise the prisoner's safety, the performance of first-response duties
under this policy, or the investigation of a prisoner's allegations of sexual abuse,
harassment, or retaliation.
(h) Publishing on the department's website:
1. Information on how to report sexual abuse and sexual harassment on behalf of
a prisoner (28 CFR 115.154).
Department
2. A protocol describing the responsibilities of the Department and any other

investigating agency that will be responsible for conducting sexual abuse or
sexual harassment investigations (28 CFR 115.122).
(i) Establishing a process that includes the use of a standardized form and set of
definitions to ensure accurate, uniform data is collected for every allegation of sexual
abuse at facilities under this agency's direct control (28 CFR 115.187).
1. The data collected shall include, at a minimum, the data necessary to answer
all questions from the most recent version of the Survey of Sexual Violence,
conducted by DOJ, or any subsequent form developed by DOJ and designated
for lockups.
2. The data shall be aggregated at least annually.
(j) Ensuring audits are conducted pursuant to 28 CFR 115.401 through 28 CFR 115.405
for all Temporary Holding Facilities used to house prisoners overnight (28 CFR
115.193).
(k) Ensuring contractors or others who work in the Temporary Holding Facility are
informed of the agency's zero-tolerance policy regarding sexual abuse and sexual
harassment (28 CFR 115.132).
902.4 REPORTING SEXUAL ABUSE AND HARASSMENT

Prisoners may make reports verbally, in writing, privately, or anonymously of any of the following
(28 CFR 115.151):
• Sexual abuse
• Sexual harassment
• Retaliation by other prisoners or staff for reporting sexual abuse or sexual harassment
• Staff neglect or violation of responsibilities that may have contributed to sexual abuse
or sexual harassment
During intake the Department shall notify all prisoners of the zero-tolerance policy regarding sexual
abuse and sexual harassment and of at least one way to report abuse or harassment to a public
or private entity that is not part of the Department and that is able to receive and immediately
forward prisoner reports of sexual abuse and sexual harassment to agency officials. This allows
the prisoner to remain anonymous (28 CFR 115.132; 28 CFR 115.151).

Department members shall accept reports from prisoners and third parties and shall promptly
document all reports (28 CFR 115.151).
All members shall report immediately to a supervisor any knowledge, suspicion, or information
regarding:
Department
(a) An incident of sexual abuse or sexual harassment that occurs in the Temporary
Holding Facility.
(b) Retaliation against prisoners or the member who reports any such incident.
(c) Any neglect or violation of responsibilities on the part of any department member that
may have contributed to an incident or retaliation (28 CFR 115.161).
No member shall reveal any information related to a sexual abuse report to anyone other than to
the extent necessary to make treatment and investigation decisions.

The supervisor shall report to the department's designated investigators all allegations of sexual
abuse, harassment, retaliation, neglect, or violations leading to sexual abuse, harassment, or
retaliation. This includes third-party and anonymous reports (28 CFR 115.161).
If the alleged victim is under the age of 18 or considered a vulnerable adult, the supervisor shall
also report the allegation as required under mandatory reporting laws and department policy.
Upon receiving an allegation that a prisoner was sexually abused while confined at another facility,
the supervisor shall notify the head of the facility or the appropriate office of the agency where
the alleged abuse occurred. The notification shall be made as soon as possible but no later than
72 hours after receiving the allegation. The supervisor shall document such notification (28 CFR
115.163).
If an alleged prisoner victim is transferred from the Temporary Holding Facility to a jail, prison,
or medical facility, the Department shall, as permitted by law, inform the receiving facility of the
incident and the prisoner's potential need for medical or social services, unless the prisoner
requests otherwise (28 CFR 115.165).
The Department shall promptly, thoroughly, and objectively investigate all allegations, including
third-party and anonymous reports, of sexual abuse or sexual harassment. Only investigators who
have received department-approved special training shall conduct sexual abuse investigations
(28 CFR 115.171).
902.5.1 FIRST RESPONDERS

The first officer to respond to a report of sexual abuse or sexual assault shall (28 CFR 115.164):
(a) Separate the parties.
(b) Establish a crime scene to preserve and protect any evidence. Identify and secure
witnesses until steps can be taken to collect any evidence.
(c) If the abuse occurred within a time period that still allows for the collection of physical
evidence, request that the alleged victim not take any actions that could destroy
physical evidence, including, as appropriate, washing, brushing teeth, changing
clothes, urinating, defecating, smoking, drinking, or eating.
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(d) If the abuse occurred within a time period that still allows for the collection of
physical evidence, ensure that the alleged abuser does not take any actions that
could destroy physical evidence, including, as appropriate, washing, brushing teeth,
changing clothes, urinating, defecating, smoking, drinking, or eating.
If the first responder is not an officer the responder shall request that the alleged victim not take
any actions that could destroy physical evidence and should then notify a law enforcement staff
member (28 CFR 115.164).
902.5.2 INVESTIGATOR RESPONSIBILITIES

Investigators shall (28 CFR 115.171):
(a) Gather and preserve direct and circumstantial evidence, including any available
physical and biological evidence and any available electronic monitoring data.
(b) Interview alleged victims, suspects, and witnesses.
(c) Review any prior complaints and reports of sexual abuse involving the suspect.
(d) Conduct compelled interviews only after consulting with prosecutors as to whether
compelled interviews may be an obstacle for subsequent criminal prosecution.
(e) Assess the credibility of the alleged victim, suspect, or witness on an individual basis
and not by the person's status as a prisoner or a member of the Brooklyn Center Police
Department.
(f) Document in written reports a description of physical, testimonial, documentary, and
other evidence, the reasoning behind any credibility assessments, and investigative
facts and findings.
(g) Refer allegations of conduct that may be criminal to the County Attorney for possible
prosecution, including any time there is probable cause to believe a prisoner sexually
abused another prisoner in the Temporary Holding Facility (28 CFR 115.178).
(h) Cooperate with outside investigators and remain informed about the progress of any
outside investigation.
902.5.3 ADMINISTRATIVE INVESTIGATIONS

Administrative investigations shall include an effort to determine whether staff actions or failures
to act contributed to the abuse. The departure of the alleged abuser or victim from the employment
or control of this department shall not be used as a basis for terminating an investigation (28 CFR
115.171).
902.5.4 SEXUAL ASSAULT AND SEXUAL ABUSE VICTIMS

No prisoner who alleges sexual abuse shall be required to submit to a polygraph examination or
other truth-telling device as a condition for proceeding with the investigation of such an allegation
(28 CFR 115.171(e)).
Department
Prisoner victims of sexual abuse shall receive timely, unimpeded access to emergency medical
treatment. Treatment services shall be provided to the victim without financial cost and regardless
of whether the victim names the abuser or cooperates with any investigation arising out of the
incident (28 CFR 115.182).
902.5.5 CONCLUSIONS AND FINDINGS

All completed investigations shall be forwarded to the Chief of Police, or if the allegations may
reasonably involve the Chief of Police to the City Manager. The Chief of Police or City Manager
shall review the investigation and determine whether any allegations of sexual abuse or sexual
harassment have been substantiated by a preponderance of the evidence (28 CFR 115.172).
All personnel shall be subject to disciplinary sanctions up to and including termination for violating
this policy. Termination shall be the presumptive disciplinary sanction for department members
who have engaged in sexual abuse. All discipline shall be commensurate with the nature and
circumstances of the acts committed, the member's disciplinary history, and the sanctions imposed
for comparable offenses by other members with similar histories (28 CFR 115.176).
All terminations for violations of this policy, or resignations by members who would have been
terminated if not for their resignation, shall be criminally investigated unless the activity was clearly
not criminal and reported to any relevant licensing body (28 CFR 115.176).
Any contractor or volunteer who engages in sexual abuse shall be prohibited from contact with
prisoners and reported to any relevant licensing bodies (28 CFR 115.177). The Chief of Police
shall take appropriate remedial measures and consider whether to prohibit further contact with
prisoners by a contractor or volunteer.
902.6 RETALIATION PROHIBITED

All prisoners and members who report sexual abuse or sexual harassment or who cooperate
with sexual abuse or sexual harassment investigations shall be protected from retaliation (28
CFR 115.167). If any other individual who cooperates with an investigation expresses a fear of
retaliation, appropriate measures shall be taken to protect that individual.
The supervisor or the authorized designee shall employ multiple protection measures, such as
housing changes or transfers for prisoner victims or abusers, removal of alleged abusers from
contact with victims, and emotional support services for prisoners or members who fear retaliation
for reporting sexual abuse or sexual harassment or for cooperating with investigations.
The supervisor or the authorized designee shall identify a staff member to monitor the conduct and
treatment of prisoners or members who have reported sexual abuse and of prisoners who were
reported to have suffered sexual abuse. The staff member shall act promptly to remedy any such
retaliation. In the case of prisoners, such monitoring shall also include periodic status checks.
902.7 REVIEWS AND AUDITS
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902.7.1 INCIDENT REVIEWS

An incident review shall be conducted at the conclusion of every sexual abuse investigation, unless
the allegation has been determined to be unfounded. The review should occur within 30 days
of the conclusion of the investigation. The review team shall include upper-level management
officials and seek input from line supervisors and investigators (28 CFR 115.186).
The review shall (28 CFR 115.186):
(a) Consider whether the allegation or investigation indicates a need to change policy or
practice to better prevent, detect, or respond to sexual abuse.
(b) Consider whether the incident or allegation was motivated by race; ethnicity; gender
identity; lesbian, gay, bisexual, transgender or intersex identification, status or
perceived status; gang affiliation; or was motivated or otherwise caused by other group
dynamics at the facility.
(c) Examine the area in the facility where the incident allegedly occurred to assess
whether physical barriers in the area may enable abuse.
(d) Assess the adequacy of staffing levels in that area during different shifts.
(e) Assess whether monitoring technology should be deployed or augmented to
supplement supervision by staff.
The review team shall prepare a report of its findings, including any determinations made pursuant
to this section and any recommendations for improvement. The report shall be submitted to the
Chief of Police and the PREA Coordinator. The Chief of Police or the authorized designee shall
implement the recommendations for improvement or shall document the reasons for not doing
so (28 CFR 115.186).
902.7.2 DATA REVIEWS

The facility shall conduct an annual review of collected and aggregated incident-based sexual
abuse data. The review should include, as needed, data from incident-based documents, including
reports, investigation files, and sexual abuse incident reviews (28 CFR 115.187).
The purpose of these reviews is to assess and improve the effectiveness of sexual abuse
prevention, detection and response policies, practices, and training. An annual report shall be
prepared that includes (28 CFR 115.188):
(a) Identification of any potential problem areas.
(b) Identification of any corrective actions taken.
(c) Recommendations for any additional corrective actions.
(d) A comparison of the current year's data and corrective actions with those from prior
years.
(e) An assessment of the department's progress in addressing sexual abuse.
Department
The report shall be approved by the Chief of Police and made readily available to the public
through the department website or, if it does not have one, through other means. Material may be
redacted from the reports when publication would present a clear and specific threat to the safety
and security of the Temporary Holding Facility. However, the nature of the redacted material shall
be indicated.
All aggregated sexual abuse data from Brooklyn Center Police Department facilities and private
facilities with which it contracts shall be made readily available to the public at least annually
through the department website or, if it does not have one, through other means. Before making
aggregated sexual abuse data publicly available, all personal identifiers shall be removed (28
CFR 115.189).
902.8 RECORDS
The Department shall retain all written reports from administrative and criminal investigations
pursuant to this policy for as long as the alleged abuser is held or employed by the Department,
plus five years (28 CFR 115.171).
All other data collected pursuant to this policy shall be securely retained for at least 10 years
after the date of the initial collection unless federal, state, or local law requires otherwise (28 CFR
115.189).
902.9 TRAINING
All employees, volunteers and contractors who may have contact with prisoners shall receive
department-approved training on the prevention and detection of sexual abuse and sexual
harassment within this facility. The Training Sergeant shall be responsible for developing and
administering this training as appropriate, covering at a minimum (28 CFR 115.131):
• The Department's zero-tolerance policy and prisoners' right to be free from sexual
abuse and sexual harassment and from retaliation for reporting sexual abuse or
harassment.
• The dynamics of sexual abuse and harassment in confinement settings, including
which prisoners are most vulnerable.
• The right of prisoners and staff members to be free from sexual abuse and sexual
harassment and from retaliation for reporting sexual abuse or harassment.
• Detecting and responding to signs of threatened and actual abuse.
• Communicating effectively and professionally with all prisoners.
• Compliance with relevant laws related to mandatory reporting of sexual abuse to
outside authorities.
Investigators assigned to sexual abuse investigations shall also receive training in conducting
such investigations in confinement settings. Training should include (28 CFR 115.134):
• Techniques for interviewing sexual abuse victims.
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• Proper use of Miranda and Garrity warnings.

• Sexual abuse evidence collection in confinement settings.
• Criteria and evidence required to substantiate a case for administrative action or
prosecution referral.
The Training Sergeant shall maintain documentation that employees, volunteers, contractors,
and investigators have completed required training and that they understand the training. This
understanding shall be documented through individual signature or electronic verification.
All current employees and volunteers who may have contact with prisoners shall be trained within
one year of the effective date of the PREA standards. The agency shall provide annual refresher
information to all such employees and volunteers to ensure that they understand the current sexual
abuse and sexual harassment policies and procedures.
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Chapter 10 - Personnel
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Department
Recruitment and Selection

This policy provides a framework for employee recruiting efforts and identifying job-related
standards for the selection process. This policy supplements the rules that govern employment
practices for the Brooklyn Center Police Department and that are promulgated and maintained by
the Department of Human Resources.
1000.2 POLICY
In accordance with applicable federal, state, and local law, the Brooklyn Center Police Department
provides equal opportunities for applicants and employees regardless of actual or perceived race,
ethnicity, national original, religion, sex, sexual orientation, gender identity or expression, age,
disability, pregnancy, genetic information, veteran status, marital status, or any other protected
class or status. The Department does not show partiality or grant any special status to any
applicant, employee, or group of employees unless otherwise required by law.
The Department will recruit and hire only those individuals who demonstrate a commitment to
service and who possess the traits and characteristics that reflect personal integrity and high
ethical standards.
1000.2.1 VETERANS' PREFERENCE

Veterans who are candidates for job openings shall receive preference recognizing the training
and experience, loyalty, and sacrifice not otherwise readily assessed by examination pursuant to
Minn. Stat. § 197.455 Subd. 2. The following preference, credit, and requirements shall be applied
as applicable (Minn. Stat. § 197.455):
Nondisabled Veteran's Credit - There shall be added to the competitive open examination rating
of a nondisabled veteran, who so elects, a credit of five points, provided that veteran obtained a
passing rating on the examination without the addition of the credit points.
Disabled Veteran's Credit - There shall be added to the competitive open examination rating
of a disabled veteran, who so elects, a credit of 10 points, provided that the veteran obtained a
passing rating on the examination without the addition of the credit points. There shall be added
to the competitive promotional examination rating of a disabled veteran, who so elects, a credit
of five points provided that:
(a) The veteran obtained a passing rating on the examination without the addition of the
credit points, and
(b) The veteran is applying for a first promotion after securing public employment.
For the purpose of the preference to be used in securing appointment from a competitive open
examination, "disabled veteran" means a person has a compensable service-connected disability
as adjudicated by the U.S. Veterans Administration, or by the retirement board of one of the several
branches of the armed forces, that is existing at the time preference is claimed. For purposes of
Copyright Lexipol, LLC 2019/11/21, All Rights Reserved. Recruitment and Selection - 558
Department
the preference to be used in securing appointment from a competitive promotional examination,

"disabled veteran" means a person who, at the time of election to use a promotional preference,
is entitled to disability compensation under laws administered by the Veterans Administration for
a permanent service-connected disability rated at 50 percent or more.
Preference for Spouses - A preference available pursuant to Minn. Stat. § 197.455 may be used
by the surviving spouse of a deceased veteran and by the spouse of a disabled veteran, who
because of the disability, is unable to qualify.
Ranking of Veterans - An eligible applicant with a rating augmented by veteran's preference shall
be entered on an eligible list ahead of a non-veteran with the same rating. When notifying eligible
applicants that they have passed examinations this department shall show the final examination
ratings and preference credits and shall notify eligible applicants that they may elect to use
veteran's preference to augment passing ratings.
When this department rejects a certified eligible applicant who has received veteran's preference,
the appointing authority shall notify the eligible applicant in writing of the reasons for the rejection
and file the notice with the Brooklyn Center Department of Human Resources.
1000.3 RECRUITMENT
The Administration Division Commander should employ a comprehensive recruitment and
selection strategy to recruit and select employees from a qualified and diverse pool of candidates.
The strategy should include:
(a) Identification of racially and culturally diverse target markets.
(b) Use of marketing strategies to target diverse applicant pools.
(c) Expanded use of technology and maintenance of a strong Internet presence. This may
include an interactive department website and the use of department-managed social
networking sites, if resources permit.
(d) Expanded outreach through partnerships with media, community groups, citizen
academies, local colleges, universities and the military.
(e) Employee referral and recruitment incentive programs.
(f) Consideration of shared or collaborative regional testing processes.
The Administration Division Commander shall avoid advertising, recruiting and screening
practices that tend to stereotype, focus on homogeneous applicant pools or screen applicants in
a discriminatory manner.
The Department should strive to facilitate and expedite the screening and testing process, and
should periodically inform each candidate of his/her status in the recruiting process.
1000.3.1 OPERATION OF A MOTOR VEHICLE

(a) The ability to possess a valid Minnesota driver's license (Minn. R. 6700.0700 Subd.
1 (B)).
Department
(b) The ability to drive safely.

(c) The ability to control a motor vehicle at high speeds.
(d) The ability to operate a motor vehicle in all types of weather conditions.
(e) The following may be disqualifying:
1. Receipt of three or more moving violations within three years or a reckless driving
conviction within five years prior to application. Moving violations for which there
is a factual finding of innocence shall not be included.
2. Involvement as a driver in two or more chargeable (at fault) collisions within three
years prior to date of application.
3. A conviction for driving under the influence of alcohol (DUI or DWI) and/or
controlled substances within 10 years preceding the date of application or during
the hiring process.
1000.3.2 INTEGRITY
(a) Refusing to yield to the temptation of bribes, gratuities, and payoffs.
(b) Refusing to tolerate unethical or illegal conduct on the part of other law enforcement
personnel.
(c) Showing strong moral character and integrity in dealing with the public.
(d) Being honest in dealing with the public.
(e) The following shall be disqualifying:
1. Any material misstatement of fact or significant admission during the application
or background process shall be disqualifying, including inconsistent statements
made during the initial background interview (Personal History Statement
or Supplemental Questionnaire) or discrepancies between this background
investigation and other investigations conducted by other law enforcement
agencies.
2. Any forgery, alteration, or intentional omission of material facts on an official
employment application document or sustained episodes of academic cheating.
1000.3.3 CREDIBILITY AS A WITNESS IN A COURT OF LAW

(a) The ability to give testimony in a court of law without being subject to impeachment
due to his/her honesty or veracity (or their opposites) or due to a conviction for a felony
or crime involving dishonesty or false statement.
(b) The following shall be disqualifying:
1. Conviction of one DUI violation within the preceding five years.
Department
2. Conviction of a second DUI violation.

3. Admission, conviction, or adjudication of having committed any act defined as
a felony (including felony/misdemeanor offenses) under Minnesota law, federal
law, the law of another state, or the Uniform Code of Military Justice (UCMJ).
4. Admission or administrative findings of any act while employed as a peace officer
(including military police officers) involving lying, falsification of any official report
or document, or theft.
5. Admission or conviction of any act of family violence as defined by law,
committed as an adult.
6. Admission of any criminal or delinquent act, whether misdemeanor or felony,
committed against children including, but not limited to, molesting or annoying
children, child abduction, child abuse, criminal sexual conduct, or indecent
exposure.
7. Any history of work-related actions resulting in civil lawsuits that found against
the applicant or his/her employer may be disqualifying.
1000.3.4 LEARNING ABILITY

(a) The ability to comprehend and retain information.
(b) The ability to recall information pertaining to procedures, rules, or regulations.
(c) The ability to recall information pertaining to laws, statutes, and codes.
(d) The ability to learn and to apply what is learned.
(e) The ability to learn and apply the material, tactics, and procedures that are required
of the position.
(f) The following shall be disqualifying:
1. Being under current academic dismissal from any college or university where
such dismissal is still in effect and was initiated within the past two years prior
to the date of application.
2. Having been academically dismissed from any POST-certified basic law
enforcement academy wherein no demonstrated effort has been made to
improve in the deficient areas. Subsequent successful completion of another
POST basic law enforcement academy shall rescind this prohibition.
1000.3.5 PERSONAL SENSITIVITY

(a) The ability to resolve problems in a way that shows sensitivity for the feelings of others.
(b) Empathy.
Department
(c) Discretion in applying authority.

(d) Effectiveness in dealing with people without arousing irrational antagonism.
(e) The ability to understand the motives of people and how they will react and interact.
(f) The following may be disqualifying:
1. Having been disciplined by any employer, including the military and/or any
law enforcement training facility, for acts constituting racial, ethnic, or sexual
harassment, or discrimination.
2. Uttering any epithet derogatory of another person's race, religion, gender,
national origin, or sexual orientation.
3. Having been disciplined by any employer as an adult for fighting in the
workplace.
1000.3.6 JUDGMENT UNDER PRESSURE

(a) The ability to apply common sense during pressure situations.
(b) The ability to make sound decisions on the spot.
(c) The ability to use good judgment in dealing with potentially explosive situations.
(d) The ability to make effective, logical decisions under pressure.
(e) The following shall be disqualifying:
1. Admission(s) of administrative findings or criminal convictions for any act
amounting to assault under color of authority or any other violation of federal or
state civil rights laws.
2. Admission(s) of administrative conviction or criminal conviction for failure
to properly report witnessed criminal conduct committed by another law
1000.3.7 ILLEGAL USE OR POSSESSION OF CONTROLLED SUBSTANCES

(a) The following examples of illegal controlled substance use or possession will be
considered automatic disqualifiers for applicants, with no exceptions:
1. Any adult use or possession of marijuana within two years prior to application
for employment.
2. Any other illegal adult use or possession of a controlled substance not mentioned
above within seven years prior to application for employment.
3. Without regard to date, any illegal adult use or possession of a controlled
substance while employed in any law enforcement capacity, military police, or
Department
as a student enrolled in college-accredited courses related to the criminal justice

field.
4. Any adult sale, manufacture, or cultivation of a controlled substance.
5. Failure to honestly divulge to the Department any information about personal
illegal use or possession of a controlled substance.
6. Any drug test of the applicant, during the course of the hiring process, where
illegal controlled substances are detected.
(b) The following examples of illegal controlled substance use or possession will be
considered in relationship to the overall background of that individual and may result
in disqualification:
1. Any illegal use or possession of a controlled substance as a juvenile.
2. Any illegal adult use or possession of a controlled substance that does not meet
the criteria of the automatic disqualifiers specified above (e.g., marijuana use
longer than two years ago.)
3. Any illegal or unauthorized use of prescription medications.

The Department shall actively strive to identify a diverse group of candidates that have in some
manner distinguished themselves as being outstanding prospects. Minimally, the Department
should employ a comprehensive screening, background investigation and selection process that
assesses cognitive and physical abilities and includes review and verification of the following:
(a) A comprehensive application for employment (including previous employment,
references, current and prior addresses, education, military record)
(b) Driving record
(c) Reference checks
(d) Citizenship eligibility, including U.S. Citizenship and Immigration Services (USCIS)
Employment Eligibility Verification Form I-9 and acceptable identity and employment
authorization documents (Minn. R. 6700.0700, Subp. 1). This required documentation
should not be requested until a candidate is hired. This does not prohibit obtaining
documents required for other purposes.
(e) Information obtained from public internet sites
(f) Financial history consistent with the Fair Credit Reporting Act (FCRA) (15 USC § 1681
et seq.)
(g) Local, state, and federal criminal history record checks
(h) Polygraph or voice stress analyzer (VSA) examination (when legally permissible)
(i) Medical and psychological examination (may only be given after a conditional offer
of employment)
Department
(j) Review board or selection committee assessment
1000.4.1 LATERAL TRANSFER OFFICER SELECTION PROCESS

Licensed officer applicants (laterals) currently employed full--time with other Minnesota agencies
with a minimum two years full--time law enforcement experience may be deemed to have met
various entry requirements and specific steps may be waived at the discretion of the Chief of
Police or designee.
1000.5 BACKGROUND INVESTIGATION

Every candidate shall undergo a thorough background investigation to verify his/her personal
integrity and high ethical standards, and to identify any past behavior that may be indicative of
the candidate’s unsuitability to perform duties relevant to the operation of the Brooklyn Center
Police Department.
The background investigation must determine whether the candidate meets the standards
established by the Minnesota Board of Peace Officer Standards and Training (POST) as well
as the security standards established to access state and national computerized record and
communication systems (Minn. Stat. § 626.87; Minn. R. 6700.0700).
1000.5.1 DOCUMENTING AND REPORING

The background investigator shall summarize the results of the background investigation in a
report that includes sufficient information to allow the reviewing authority to decide whether to
extend a conditional offer of employment. The report shall not include any information that is
prohibited from use, including that from social media sites, in making employment decisions.
The report and all supporting documentation shall be included in the candidate’s background
investigation file.
1000.5.2 NOTICES
Background investigators shall ensure that investigations are conducted and notices provided
in accordance with the requirements of the FCRA and Minnesota law (15 USC § 1681d;
Minn. Stat. § 13C.02).
1000.5.3 STATE NOTICES

Upon initiation of a candidate’s background investigation, the department shall provide written
notice to POST that includes the candidate’s full name and date of birth and the candidate’s peace
officer license number, if applicable (Minn. Stat. § 626.87).
1000.5.4 REVIEW OF SOCIAL MEDIA SITES

Due to the potential for accessing unsubstantiated, private or protected information,
the Administration Division Commander should not require candidates to provide passwords,
account information or access to password-protected social media accounts.
The Administration Division Commander should consider utilizing the services of an appropriately
trained and experienced third party to conduct open source, internet-based searches and/or
review information from social media sites to ensure that:
Department
(a) The legal rights of candidates are protected.

(b) Material and information to be considered are verified, accurate and validated.
(c) The Department fully complies with applicable privacy protections and local, state and
federal law.
Regardless of whether a third party is used, the Administration Division Commander should ensure
that potentially impermissible information is not available to any person involved in the candidate
selection process.
1000.5.5 RECORDS RETENTION

The background report and all supporting documentation shall be maintained in accordance with
the established records retention schedule (Minn. R. 6700.0700, Subp. 2).
1000.6 DISQUALIFICATION GUIDELINES

As a general rule, performance indicators and candidate information and records shall be
evaluated by considering the candidate as a whole, and taking into consideration the following:
• Age at the time the behavior occurred
• Passage of time
• Patterns of past behavior
• Severity of behavior
• Probable consequences if past behavior is repeated or made public
• Likelihood of recurrence
• Relevance of past behavior to public safety employment
• Aggravating and mitigating factors
• Other relevant considerations
A candidate’s qualifications will be assessed on a case-by-case basis, using a totality-of-the-
circumstances framework.
1000.7 EMPLOYMENT STANDARDS

All candidates shall meet the minimum standards required by state law. Candidates will be
evaluated based on merit, ability, competence and experience, in accordance with the high
standards of integrity and ethics valued by the Department and the community.
Validated, job-related and nondiscriminatory employment standards shall be established for each
job classification and shall minimally identify the training, abilities, knowledge and skills required
to perform the position’s essential duties in a satisfactory manner. Each standard should include
performance indicators for candidate evaluation. The Department of Human Resources should
maintain validated standards for all positions.
Department
1000.7.1 STANDARDS FOR OFFICERS

Candidates shall meet the minimum standards established by Minnesota POST (Minn. R.
6700.0700):
(a) Citizen of the United States (Minn. R. 6700.0700, Subp. 1)
(b) Possess a valid driver’s license
(c) Free of any felony conviction
(d) Not be required to register as a predatory offender under state law
(e) Free of conviction of any controlled substance law or of any misdemeanor conviction
listed in Minn. R. 6700.0700
(f) Fingerprinted for purposes of disclosure of any felony convictions
(g) Submit to a medical examination and psychological evaluation to ensure that the
candidate is free from any physical, emotional or mental condition which might
adversely affect his/her performance of peace officer duties
(h) Successfully complete a physical strength and agility examination
(i) Successfully complete an oral examination
1000.7.2 RECORDS
All selection materials for those individuals hired, including the background investigation, will be
placed in an envelope and filed in the employee's personnel file. Employee selection materials will
be maintained for the length of the time required for personnel files under the records retention
schedule.
All selection materials for those individuals not hired will be maintained for a minimum period
established by the records retention schedule.
Department
Evaluation of Employees
The Department's employee performance evaluation system is designed to record work
performance for both the Department and the employee, providing recognition for good work and
developing a guide for improvement.
1001.2 POLICY
The Brooklyn Center Police Department utilizes a performance evaluation report to measure
performance and to use as a factor in making personnel decisions that relate to promotion,
reassignment, discipline, demotion, and termination. The evaluation report is intended to serve as
a guide for work planning and review by the supervisor and employee. It gives supervisors a way
to create an objective history of work performance based on job standards.
The Department evaluates employees in a non-discriminatory manner based upon job-related
factors specific to the employee's position, without regard to sex, race, color, national origin,
religion, age, disability, or other protected classes.
1001.3 EVALUATION PROCESS

Evaluations will cover a specific period of time and should be based on documented performance
during that period. Evaluations will be completed by each employee's immediate supervisor. Other
supervisors directly familiar with the employee's performance during the rating period should be
consulted by the immediate supervisor for their input.
All sworn and non-sworn supervisory personnel shall attend an approved supervisory course that
includes training on the completion of performance evaluations within one year of the supervisory
appointment.
Each supervisor should discuss the tasks of the position, standards of performance expected,
and the evaluation criteria with each employee at the beginning of the rating period. Supervisors
should document this discussion in the prescribed manner.
Assessment of an employee's job performance is an ongoing process. Continued coaching and
feedback provides supervisors and employees with opportunities to correct performance issues
as they arise.
Non-probationary employees demonstrating substandard performance shall be notified in writing
of such performance as soon as possible in order to have an opportunity to remediate the issues.
Such notification should occur at the earliest opportunity, with the goal being a minimum of 90
days written notice prior to the end of the evaluation period.
Employees who disagree with their evaluation and who desire to provide a formal response or a
rebuttal may do so in writing in the prescribed format and time period.
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1001.4 EVALUATION FREQUENCY

Employees are evaluated based on the following chart:
Position Evaluated Every
Month
Probationary/Sworn 6 month, then annually
on anniversary date
Sworn Annually on anniversary date
Probationary/Civilian 6 month
Civilian Annually beginning at the end
of 6 month probationary period
1001.4.1 VOLUNTEER AND RESERVE OFFICER EVALUATIONS

Volunteer and reserve officer evaluations are covered in the Volunteer Program Policy.
1001.5 FULL-TIME PROBATIONARY PERSONNEL

Personnel must successfully complete the probationary period before being eligible for certification
as regular employees. Probationary licensed personnel are evaluated daily, weekly, and monthly
during the probationary period.
1001.6 FULL-TIME REGULAR STATUS PERSONNEL

Regular employees are subject to three types of performance evaluations:
Regular - An Employee Performance Evaluation shall be completed once each year by the
employee's immediate supervisor on or near the anniversary of the employee's date of hire except
for employees who have been promoted in which case an Employee Performance Evaluation shall
be completed on the anniversary of the employee's date of last promotion.
Transfer - If an employee is transferred from one assignment to another in the middle of an
evaluation period and less than six months have transpired since the transfer, an evaluation shall
be completed by the current supervisor with input from the previous supervisor.
Performance Improvement Plan - A special evaluation may be completed any time the rater or
the rater's supervisor determine one is necessary due to employee performance that is deemed
less than standard. Generally, the special evaluation will be the tool used to demonstrate those
areas of performance deemed less than standard when follow-up action is planned (e.g., action
plan, remedial training, retraining). The evaluation form and the attached documentation shall be
submitted as one package.
1001.6.1 RATINGS
When completing the Employee Performance Evaluation, the rater will place a check mark in the
column that best describes the employee's performance. The definition of each rating category
is as follows:
Department
Exceeds Expectations - Actual performance that is well beyond that required for the position. It
is exceptional performance, definitely superior or extraordinary.
Meets Expectations - Performance of a fully competent employee. It means satisfactory
performance that meets the standards required of the position.
Needs Improvement - A level of performance less than that expected of a fully competent
employee and less than the standards required of the position. A needs-improvement rating must
be thoroughly discussed with the employee.
Unsatisfactory - Performance is inferior to the standards required of the position. It is a very
inadequate or undesirable performance that cannot be tolerated.
Space for written comments is provided at the end of the evaluation in the rater comments
section. This section allows the rater to document the employee's strengths, weaknesses,
and suggestions for improvement. Any rating under any job dimension marked unsatisfactory
or exceeds expectations shall be substantiated in the rater comments section.
Any evaluation with an overall rating of exceeds expectations must have prior approval of the
Chief of Police.
Any evaluation with a needs improvement or unsatisfactory rating in any catagory requires a
performance improvement plan to be completed by the evaluation with prior approval of the
Division Commander.
1001.7 EVALUATION INTERVIEW

When the supervisor has completed the preliminary evaluation, arrangements shall be made
for a private discussion of the evaluation with the employee. The supervisor should discuss
the results of the recently completed rating period and clarify any questions the employee may
have. If the employee has valid and reasonable protests of any of the ratings, the supervisor
may make appropriate changes to the evaluation. Areas needing improvement and goals for
reaching the expected level of performance should be identified and discussed. The supervisor
should also provide relevant counseling regarding advancement, specialty positions, and training
opportunities. The supervisor and employee will sign and date the evaluation. Employees may
also write comments in the Employee Comments section of the performance evaluation report.
1001.8 EVALUATION REVIEW

After the supervisor finishes the discussion with the employee, the signed performance evaluation
is forwarded to the Division Commander. The Division Commander shall review the evaluation
for fairness, impartiality, uniformity, and consistency. The Division Commander shall evaluate the
supervisor on the quality of ratings given.
Department
1001.9 EVALUATION DISTRIBUTION

The original performance evaluation shall be maintained in the employee's personnel file in the
office of the Chief of Police for the tenure of the employee's employment. A copy will be given to
the employee and a copy will be forwarded to City Department of Human Resources.
Department
Special Assignments and Promotions

The purpose of this policy is to establish required and desirable qualifications for
promotion or assignments within the ranks of the Brooklyn Center Police Department.
1002.1.1 GENERAL REQUIREMENTS

The following conditions will be used in evaluating employees for promotion and assignments:
(a) Presents a professional, neat appearance.
(b) Maintains a physical condition that aids in his/her performance.
(c) Demonstrates:
1. Emotional stability and maturity.
2. Stress tolerance.
3. Sound judgment and decision-making.
4. Personal integrity and ethical conduct.
5. Leadership.
6. Initiative.
7. Adaptability and flexibility.
8. Ability to conform to organizational goals and objectives.
9. Skills and abilities related to the position.
1002.2 LICENSED NON-SUPERVISORY SELECTION PROCESS

The following positions are considered assignments and are not considered
promotions. All assignments are at the discretion of the Chief of Police:
(a) Street Crimes Unit
(b) Auto Theft Officer
(c) Task Force Officer
(d) Emergency Operations Unit
(e) Field Training Officer
(f) Juvenile Officer
(g) School Resource Officer
1002.2.1 DESIRABLE QUALIFICATIONS

The following qualifications apply to consideration for assignment:
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Special Assignments and Promotions
(a) Three years experience.

(b) Off probation.
(c) Has shown an expressed interest in the position applied for.
(d) Education, training, and demonstrated abilities in related areas, such as enforcement
activities, investigative techniques, report writing, and public relations.
(e) Complete any training required by POST, federal, or state law.

The following criteria apply to assignments.
(a) An administrative evaluation as determined by the Chief of Police that may include
a review of supervisor recommendations. Each supervisor who has supervised or
otherwise been involved with the candidate will submit recommendations.
(b) The supervisor recommendations will be submitted to the Division Commander for
whom the candidate will work. The Division Commander will schedule interviews with
each candidate.
(c) Based on supervisor recommendations and those of the Division Commander after
the interview, the Division Commander will submit his/her recommendation(s) to the
Chief of Police
(d) Appointment by the Chief of Police.
The policy and procedures for all positions may be waived for temporary assignments, emergency
situations, or for training.
1002.4 PROMOTIONAL SPECIFICATIONS

Specifications for promotional opportunities are on file with the Brooklyn Center Department of
Human Resources.
1002.5 SUPERVISOR CERTIFICATE

Within one year of the effective date of assignment, all full-time first-line supervisors should
complete a supervisor training course approved by Minnesota POST.
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Department
Grievance Procedure
It is the policy of this department that all grievances be handled quickly and fairly without
discrimination against employees who file a grievance, whether there is a basis for the grievance.
The Department's philosophy is to promote free verbal communication between employees and
supervisors.
1003.1.1 GRIEVANCE DEFINED

A grievance is any difference of opinion concerning terms or conditions of employment or the
interpretation or application of any of the following documents:
• The employee collective bargaining agreement.
• This Policy Manual.
• City rules and regulations covering personnel practices or working conditions.
Grievances may be brought by an individual employee or by an employee bargaining group
representative.
Specifically excluded from the category of grievances are the following:
(a) Complaints related to alleged acts of sexual, racial, ethnic, or other forms of unlawful
harassment.
(b) Complaints related to allegations of discrimination on the basis of sex, race, religion,
ethnic background, and other lawfully protected status or activity that are subject to
the complaint options set forth in the Discriminatory Harassment Policy.
1003.2 PROCEDURE
Except as otherwise required under a collective bargaining agreement, if an employee believes
that he/she has a grievance as defined above, the employee shall observe the following procedure:
(a) Attempt to resolve the issue through informal discussion with his/her immediate
supervisor.
(b) If after a reasonable period of time, generally 21 days, the grievance cannot be settled
by the immediate supervisor, the employee may request an interview with the Division
Commander of the affected division or bureau.
(c) If a successful resolution is not found with the Division Commander, the employee
may request a meeting with the Chief of Police.
(d) If the employee and the Chief of Police are unable to arrive at a mutual solution, the
employee shall submit a written statement of the grievance and deliver one copy to
the Chief of Police and another copy to the immediate supervisor that includes the
following information:
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Grievance Procedure
1. The basis for the grievance (e.g., the facts of the case).
2. Allegation of the specific wrongful act and the harm done.
3. The specific policies, rules, or regulations that were violated.
4. The remedy or goal being sought by the grievance.
5. The employee shall receive a copy of the acknowledgment signed by the
supervisor including the date and time of receipt.
6. The Chief of Police will receive the grievance in writing. The Chief of Police
and the City Manager will review and analyze the facts or allegations and
respond to the employee within five business days. The response will be in
writing and will affirm or deny the allegations. The response shall include any
remedies if appropriate. The decision of the Chief of Police and/or City Manager
is considered final.
7. An unresolved grievance may be appealed and submitted to arbitration, subject
to the provisions of the Public Employment Labor Relations Act of 1971.
Arbitrator selection shall be made in accordance with the Rules of Governing the
Arbitration of Grievances as established by the Bureau of Mediation Services.
1003.3 EMPLOYEE REPRESENTATION

Employees are entitled to have representation during the grievance process. The representative
may be selected by the employee from the appropriate employee bargaining group.
1003.4 PUNITIVE ACTION

At no time will punitive action be taken against a peace officer for exercising any rights during the
grievance procedure (see generally Minn. Stat. § 626.89, Subd. 14).
1003.5 GRIEVANCE RECORDS

At the conclusion of the grievance process, all documents pertaining to the process shall be
forwarded to Administration for inclusion into a secure file for all written grievances. A second copy
of the written grievance will be maintained by the City Manager's office to monitor the grievance
process.
1003.6 GRIEVANCE AUDITS

The Patrol Commander shall perform an annual audit of all grievances filed the previous calendar
year to evaluate whether any policy/procedure changes or training may be appropriate to avoid
future filings of grievances. The Patrol Commander shall record these findings in a memorandum
to the Chief of Police without including any identifying information from any individual grievance.
If the audit identifies any recommended changes or content that may warrant a critical revision to
this policy manual, the Patrol Commander should promptly notify the Chief of Police.
Department
Grievance Procedure
1003.7 JUDICIAL RELIEF

Any employee or representative may, after exhausting the internal grievance procedure, and, if
applicable, arbitration, apply to the proper court for judicial relief as allowed by contract or law.
Department
Anti-Retaliation
This policy prohibits retaliation against members who identify workplace issues, such as fraud,
waste, abuse of authority, gross mismanagement or any inappropriate conduct or practices,
including violations that may pose a threat to the health, safety or well-being of members.
This policy does not prohibit actions taken for nondiscriminatory or non-retaliatory reasons, such
as discipline for cause.
These guidelines are intended to supplement and not limit members’ access to other applicable
remedies. Nothing in this policy shall diminish the rights or remedies of a member pursuant to any
applicable federal law, provision of the U.S. Constitution, law, ordinance or collective bargaining
agreement.
1004.2 POLICY
The Brooklyn Center Police Department has a zero tolerance for retaliation and is committed
to taking reasonable steps to protect from retaliation members who, in good faith, engage in
permitted behavior or who report or participate in the reporting or investigation of workplace
issues. All complaints of retaliation will be taken seriously and will be promptly and appropriately
investigated.
1004.3 RETALIATION PROHIBITED

No member may retaliate against any person for engaging in lawful or otherwise permitted
behavior; for opposing a practice believed to be unlawful, unethical, discriminatory or retaliatory;
for reporting or making a complaint under this policy; or for participating in any investigation related
to a complaint under this or any other policy.
Retaliation includes any adverse action or conduct, including but not limited to:
• Refusing to hire or denying a promotion.
• Extending the probationary period.
• Unjustified reassignment of duties or change of work schedule.
• Real or implied threats or other forms of intimidation to dissuade the reporting of
wrongdoing or filing of a complaint, or as a consequence of having reported or
participated in protected activity.
• Taking unwarranted disciplinary action.
• Spreading rumors about the person filing the complaint or about the alleged
wrongdoing.
• Shunning or unreasonably avoiding a person because he/she has engaged in
protected activity.
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Department
Anti-Retaliation
1004.4 COMPLAINTS OF RETALIATION

Any member who feels he/she has been retaliated against in violation of this policy should promptly
report the matter to any supervisor, command staff member, Chief of Police or the City Director
of Human Services.
Members shall act in good faith, not engage in unwarranted reporting of trivial or minor deviations
or transgressions, and make reasonable efforts to verify facts before making any complaint in order
to avoid baseless allegations. Members shall not report or state an intention to report information
or an allegation knowing it to be false, with willful or reckless disregard for the truth or falsity of
the information or otherwise act in bad faith.
Investigations are generally more effective when the identity of the reporting member is known,
thereby allowing investigators to obtain additional information from the reporting member.
However, complaints may be made anonymously. All reasonable efforts shall be made to protect
the reporting member’s identity. However, confidential information may be disclosed to the extent
required by law or to the degree necessary to conduct an adequate investigation and make a
determination regarding a complaint. In some situations, the investigative process may not be
complete unless the source of the information and a statement by the member is part of the
investigative process.

Supervisors are expected to remain familiar with this policy and ensure that members under their
command are aware of its provisions.
The responsibilities of supervisors include, but are not limited to:
(a) Ensuring complaints of retaliation are investigated as provided in the Personnel
Complaints Policy.
(b) Receiving all complaints in a fair and impartial manner.
(c) Documenting the complaint and any steps taken to resolve the problem.
(d) Acknowledging receipt of the complaint, notifying the Chief of Police via the chain of
command and explaining to the member how the complaint will be handled.
(e) Taking appropriate and reasonable steps to mitigate any further violations of this
policy.
(f) Monitoring the work environment to ensure that any member making a complaint is
not subjected to further retaliation.
(g) Periodic follow-up with the complainant to ensure that retaliation is not continuing.
(h) Not interfering with or denying the right of a member to make any complaint.
(i) Taking reasonable steps to accommodate requests for assignment or schedule
change made by a member who may be the target of retaliation if it would likely mitigate
the potential for further violations of this policy.

Department
Anti-Retaliation
1004.6 COMMAND STAFF RESPONSIBILITIES

The Chief of Police should communicate to all supervisors the prohibition against retaliation.
Command staff shall treat all complaints as serious matters and shall ensure that prompt actions
take place, including but not limited to:
(a) Communicating to all members the prohibition against retaliation.
(b) The timely review of complaint investigations.
(c) Remediation of any inappropriate conduct or condition and instituting measures to
eliminate or minimize the likelihood of recurrence.
(d) The timely communication of the outcome to the complainant.
1004.7 WHISTLE-BLOWING
The Minnesota Whistleblower Act protects an employee who, in good faith (Minn. Stat. § 181.932):
(a) Communicates a violation of any law or rule to the Department or to any government
body or law enforcement official.
(b) Participates in an investigation, hearing, or inquiry at the request of a public body or
office.
(c) Refuses an order to perform an act that the employee objectively believes violates a
law, rule, or regulation, and informs the employer of the reason.
(d) Reports a situation where the quality of health care services provided by a health care
facility or provider violates a state or federal standard and potentially places the public
at risk of harm.
(e) Communicates the findings of a technical or scientific study that the employee
believes, in good faith, to be truthful and accurate.
Members who believe they have been the subject of retaliation for engaging in such protected
behaviors should promptly report it to a supervisor. Supervisors should refer the complaint to the
Commander of Investigations for investigation pursuant to the Personnel Complaints Policy.
1004.8 RECORDS RETENTION AND RELEASE

The Support Services Supervisor shall ensure that documentation of investigations is maintained
in accordance with the established records retention schedules.
1004.9 TRAINING
The policy should be reviewed with each new member.
All members should receive periodic refresher training on the requirements of this policy.

Department
Reporting of Employee Convictions and Court

Orders
Convictions of certain offenses may restrict or prohibit an employee's ability to properly perform
official duties. Therefore, all employees shall be required to promptly notify the Department of any
past and current criminal convictions.
1005.2 DOMESTIC VIOLENCE CONVICTIONS AND RESTRAINING ORDERS

Minnesota and federal law prohibit individuals convicted of certain offenses and individuals subject
to certain court orders from lawfully possessing a firearm. Such convictions and court orders often
involve allegations of the use or attempted use of force or threatened use of a weapon on any
individual in a domestic relationship (e.g., spouse, cohabitant, parent, child) (18 USC § 922; Minn.
Stat. § 518B.01).
All members are responsible for ensuring that they have not been disqualified from possessing
a firearm by any such conviction or court order and shall promptly report any such conviction or
court order to a supervisor, as provided in this policy.
1005.3 CRIMINAL CONVICTIONS

Any person convicted of a felony is prohibited from being a peace officer in the State of Minnesota.
Any license of a peace officer convicted of a felony is automatically revoked (Minn. Stat. §
626.8431).
Even when legal restrictions are not imposed by statute or by the courts upon conviction of any
criminal offense, criminal conduct by a member of this department may prohibit him/her from
carrying out law enforcement duties.
Minn. Stat. § 624.713 prohibits ineligible persons from possessing a handgun or semi-automatic
assault weapon.
1005.3.1 COURT ORDERS

All employees shall promptly notify the department if they are a party to, or have been served
with, any court order from any jurisdiction.
1005.4 REPORTING PROCEDURE

All members of this department and all retired officers with an identification card issued by the
Department shall promptly notify their immediate supervisor (or the Chief of Police in the case of
retired officers) in writing of any past or current criminal arrest or conviction regardless of whether
the matter is currently on appeal and regardless of the penalty or sentence, if any.
All members and all retired officers with an identification card issued by the Department shall
further promptly notify their immediate supervisor (or the Chief of Police in the case of retired
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Reporting of Employee Convictions and Court Orders
officers) in writing if the member or retiree becomes the subject of a domestic violence restraining
court order or similar court order.
Any member whose criminal conviction unduly restricts or prohibits that member from fully and
properly performing his/her duties may be disciplined including, but not limited to, being placed
on administrative leave, reassignment, and/or termination.
Any member failing to provide prompt written notice pursuant to this policy shall be subject to
discipline.
1005.5 CHEMICAL DEPENDENCY TREATMENT

If an officer is informally admitted to a treatment facility pursuant to Minn. Stat. § 253B.04 for
chemical dependency he/she is not eligible to possess a pistol, unless the officer possesses a
certificate from the head of the treatment facility discharging or provisionally discharging the officer
from the treatment facility (Minn. Stat. § 624.713 Subd. 1(6).
Officers in this situation shall promptly notify the department.
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Drug- and Alcohol-Free Workplace

The purpose of this policy is to establish clear and uniform guidelines regarding drugs and alcohol
in the workplace.
1006.2 POLICY
It is the policy of this department to provide a drug- and alcohol-free workplace for all members.
1006.3 GENERAL GUIDELINES

Alcohol and drug use in the workplace or on department time can endanger the health and safety
of department members and the public. Such use shall not be tolerated (41 USC § 8103).
Members who have consumed an amount of an alcoholic beverage or taken any medication, or
combination thereof, that would tend to adversely affect their mental or physical abilities shall not
report for duty. Affected members shall notify the Shift Sergeant or appropriate supervisor as soon
as the member is aware that he/she will not be able to report to work. If the member is unable to
make the notification, every effort should be made to have a representative contact the supervisor
in a timely manner. If the member is adversely affected while on-duty, he/she shall be immediately
removed and released from work (see Work Restrictions in this policy).
1006.3.1 USE OF MEDICATIONS

Members should avoid taking any medications that will impair their ability to safely and completely
perform their duties. Any member who is medically required or has a need to take any such
medication shall report that need to his/her immediate supervisor prior to commencing any on-
duty status.
No member shall be permitted to work or drive a vehicle owned or leased by the Department while
taking any medication that has the potential to impair his/her abilities without a written release
from his/her physician.
Possession of medical marijuana or being under the influence of marijuana on- or off-duty is
prohibited and may lead to disciplinary action.

Members shall report for work in an appropriate mental and physical condition. Members
are prohibited from purchasing, manufacturing, distributing, dispensing, possessing, or using
controlled substances or alcohol on department premises or on department time (41 USC § 8103).
The lawful possession or use of prescribed medications or over-the-counter remedies is excluded
from this prohibition.
Members who are authorized to consume alcohol as part of a special assignment shall not do so
to the extent of impairing on-duty performance.
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Department
Members shall notify a supervisor immediately if they observe behavior or other evidence that they
believe demonstrates that a fellow member poses a risk to the health and safety of the member
or others due to drug or alcohol use.
Members are required to notify their immediate supervisors of any criminal drug statute conviction
for a violation occurring in the workplace no later than five days after such conviction (41 USC
§ 8103).
1006.5 EMPLOYEE ASSISTANCE PROGRAM

There may be available a voluntary employee assistance program to assist those who wish to seek
help for alcohol and drug problems (41 USC § 8103). Insurance coverage that provides treatment
for drug and alcohol abuse also may be available. Employees should contact the Department of
Human Resources, their insurance providers, or the employee assistance program for additional
information. It is the responsibility of each employee to seek assistance before alcohol or drug
problems lead to performance problems.
1006.6 WORK RESTRICTIONS

If a member informs a supervisor that he/she has consumed any alcohol, drug, or medication that
could interfere with a safe and efficient job performance, the member may be required to obtain
clearance from his/her physician before continuing to work.
If the supervisor reasonably believes, based on objective facts, that a member is impaired by the
consumption of alcohol or other drugs, the supervisor shall prevent the member from continuing
work and shall ensure that he/she is safely transported away from the Department.
1006.7 REQUESTING SCREENING TESTS

The Department may request or require drug or alcohol testing in the following circumstances
(Minn. Stat. § 181.951; Minn. Stat. § 181.952):
(a) Reasonable suspicion - A supervisor may request or require an employee to undergo
drug and alcohol testing if there is a reasonable suspicion of any of the following:
1. The employee is under the influence of drugs or alcohol.
2. The employee has violated department rules prohibiting the use, possession,
sale, or transfer of drugs or alcohol while he/she is working, is on department
property or is operating a vehicle owned by the department.
3. The employee has sustained an injury arising out of and in the course of
employment, or has caused another employee to sustain an injury (full definition
of personal injury in Minn. Stat. § 176.011, Subd. 16).
4. The employee has caused a work-related accident, or his/her use of a vehicle,
firearm, or safety equipment involved a work-related accident.
(b) Following a conditional job offer
Department
(c) Under a random testing program of employee

(d) When the employee has been referred for an evaluation or treatment or is participating
in a treatment program under an employee benefit plan
1006.7.1 DRUG- AND ALCOHOL-TESTING PROGRAM

The following applies to the department’s drug and alcohol testing procedures (Minn. Stat. §
181.951; Minn. Stat. § 181.952; Minn. Stat. § 181.953):
(a) An employee or applicant has the right to refuse a test but the consequences of a
refusal may result in discipline, up to and including termination, or a decision not to
hire the applicant.
(b) Initial screening tests must be verified by a confirmatory test for the purpose of
discipline.
(c) Employees will have an opportunity to participate in an appropriate alcohol or drug
program for their first confirmed positive test. The program may be in lieu of other
discipline unless the employee fails the program or refuses to participate (Minn. Stat.
§ 181.953).
(d) A confirmed positive test may result in discipline, up to and including termination.
(e) An employee or job applicant will have the opportunity to explain a positive test result
and may request and pay for a second confirmatory retest.
(f) All disciplinary procedural safeguards in this manual apply, including the post-
discipline appeal procedures (see the Personnel Complaints Policy).
(g) Employees and job applicants shall receive required written notice, including
posting, of the drug- and alcohol-testing policies and procedures as set forth in Minn.
Stat. § 181.952.
(h) The safeguards of Minn. Stat. § 181.953 will be followed for any testing and any related
discipline process.
Notice of the adopted drug and alcohol testing policy shall be posted in an appropriate and
conspicuous location and copies shall be available for inspection to all employees and job
applicants (Minn. Stat. 181.952).
1006.8 COMPLIANCE WITH THE DRUG-FREE WORKPLACE ACT

No later than 30 days following notice of any drug statute conviction for a violation occurring in
the workplace involving a member, the Department will take appropriate disciplinary action, up to
and including dismissal, and/or requiring the member to satisfactorily participate in a drug abuse
assistance or rehabilitation program (41 USC § 8104).
Department
1006.9 CONFIDENTIALITY
The Department recognizes the confidentiality and privacy due to its members. Disclosure of any
information relating to substance abuse treatment, except on a need-to-know basis, shall only be
with the express written consent of the member involved or pursuant to lawful process.
The written results of any screening tests and all documents generated by the employee
assistance program are considered confidential medical records and shall be maintained
separately from the employee's other personnel files.
Department
Sick Leave Policy

This policy provides general guidance regarding the use and processing of sick leave. The accrual
and terms of use of sick leave for eligible employees are detailed in the City personnel manual
or applicable collective bargaining agreement.
This policy is not intended to cover all types of sick or other leaves. For example, employees may
be entitled to additional paid or unpaid leave for certain family and medical reasons as provided
for in the Family and Medical Leave Act (FMLA) and the Minnesota Pregnancy and Parenting
Leave Act (29 USC § 2601 et seq.; Minn. Stat. § 181.941).
1007.2 EMPLOYEE RESPONSIBILITIES

Sick leave may be used for absences caused by illness, injury, temporary disability, including
pregnancy and maternity, or for medical, dental or vision exams, or medical treatment of the
employee or the employee's immediate family when it is not reasonably possible to schedule such
appointments during nonworking hours.
Sick leave is not considered vacation and abuse of sick leave may result in discipline and/or denial
of sick leave benefits. Employees on sick leave shall not engage in other employment or self-
employment or participate in any sport, hobby, recreational, or other activity that may impede
recovery from the injury or illness.
Upon return to work, employees shall ensure that the appropriate time off has been marked in
Workforce Director.
1007.2.1 NOTIFICATION
Employees are encouraged to notify an immediate supervisor, the Shift Sergeant, or other
appropriate supervisor as soon as they are aware that they will not be able to report to work. At a
minimum, employees shall make such notification no less than two hours before the start of their
scheduled shift. If an employee is unable to contact the supervisor in the case of an emergency,
every reasonable effort should be made to have a representative contact the supervisor.
When the necessity for leave is foreseeable, such as an expected birth or planned medical
treatment, the employee shall, whenever reasonably possible, provide notice to the Department
as soon as reasonably possible and with no less than 30-days notice of the intent to take leave.
1007.3 EXTENDED ILLNESS

Employees on extended absences shall, if possible, contact their unit supervisor at three-day
intervals to provide an update on their absence and expected date of return. Employees absent
from duty due to personal illness in excess of two consecutive shifts may be required to furnish
a statement from their health care provider supporting the use of sick leave and/or the ability to
return to work.
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Department
Sick Leave Policy
Nothing in this section precludes a supervisor, based upon reasonable cause, from requiring a
physician's statement if two or fewer sick leave days are taken.

Supervisors should monitor sick leave usage and regularly review the attendance of employees
under their command to ensure that the use of sick leave is consistent with this policy. Supervisors
should address sick leave use in the employee's performance evaluation when it has negatively
affected the employee's performance or ability to complete assigned duties and when unusual
amounts of sick leave by the employee have a negative impact on department operations. When
appropriate, supervisors should counsel employees regarding the excessive use of sick leave and
should consider referring the employee to the Employee Assistance Program.
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Department
Communicable Diseases
This policy is intended to provide guidelines for department personnel to assist in minimizing the
risk of contracting and/or spreading communicable diseases and to minimize the incidence of
illness and injury. The policy will offer direction in achieving the following goals:
• To manage the risks associated with blood-borne pathogens, aerosol transmissible
diseases, and other potentially infectious substances.
• To assist Department personnel in making decisions concerning the selection, use,
maintenance, limitations, storage, and disposal of personal protective equipment
(PPE).
• To protect the privacy rights of all Department personnel who may be exposed to or
contract a communicable disease during the course of their duties.
• To provide appropriate treatment and counseling should an employee be exposed to
a communicable disease.
1008.1.1 DEFINITIONS
Communicable disease - A human disease caused by microorganisms that are present in
and transmissible through human blood, bodily fluid, tissue, or by breathing or coughing. These
diseases commonly include, but are not limited to, hepatitis B virus (HBV), HIV and tuberculosis.
Exposure - When an eye, mouth, mucous membrane or non-intact skin comes into contact with
blood or other potentially infectious materials, or when these substances are injected or infused
under the skin; when an individual is exposed to a person who has a disease that can be passed
through the air by talking, sneezing or coughing (e.g., tuberculosis), or the individual is in an area
that was occupied by such a person. Exposure only includes those instances that occur due to a
member’s position at the Brooklyn Center Police Department. (See the exposure control plan for
further details to assist in identifying whether an exposure has occurred.)
1008.2 PROCEDURES FOR CONTACT WITH BLOOD OR BODILY FLUIDS

All Department personnel who may be involved in providing emergency medical care or who come
in contact with another person's blood or bodily fluids (e.g., during an altercation or while attending
to any injured person) shall follow these procedures and guidelines.
1008.2.1 EXPOSURE CONTROL OFFICER

The Chief of Police will assign a person as the Department's Training Sergeant. The Training
Sergeant shall be responsible for the following:
(a) The overall management of the bloodborne Exposure Control Plan and ensuring
compliance with 29 CFR 1910.1030 (Minn. R. 5206.0600).
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Department
(b) The Training Sergeant will work with management to develop and administer
any additional related policies and practices necessary to support the effective
implementation of this plan and remain current on all legal requirements concerning
blood-borne pathogens and other communicable diseases.
(c) The Training Sergeant will act as a liaison during OSHA inspections and shall conduct
program audits to maintain an up-to-date Exposure Control Plan.
(d) The Training Sergeant will maintain an up-to-date list of police personnel requiring
training, will develop and implement a training program, maintain class rosters, and
quizzes and periodically review the training program.
(e) The Training Sergeant will review and update the Exposure Control Plan annually (on
or before January 1 of each year).
Department supervisors are responsible for exposure control in their respective areas. They shall
work directly with the Training Sergeant and the affected employees to ensure that the proper
exposure control procedures are followed.
1008.2.2 UNIVERSAL PRECAUTIONS

All human blood and bodily fluids such as saliva, urine, semen, and vaginal secretions are to be
treated as if they are known to be infectious. Where it is not possible to distinguish between bodily
fluid types, all bodily fluids are to be assumed potentially infectious.
1008.2.3 PERSONAL PROTECTIVE EQUIPMENT

Personal protective equipment is the last line of defense against communicable disease.
Therefore, the following equipment is provided for all personnel to assist in the protection against
such exposures:
• Not less than two pair of disposable latex gloves (keeping a box in the car
recommended).
• Eye protection.
• Alcohol, or similar substance, to flush skin at emergency site.
• Maintaining alcohol hand wipes in the car is recommended.
The protective equipment is to be kept in each police vehicle, inspected at the start of each shift,
and replaced immediately upon returning to the station if it has been used or damaged during the
shift, or as otherwise needed.
1008.2.4 IMMUNIZATIONS
All Department personnel who, in the line of duty, respond to emergency medical calls or
may be exposed to or have contact with a communicable disease shall be offered appropriate
immunization treatment.
Department
1008.2.5 WORK PRACTICES

All personnel shall use the appropriate barrier precautions to prevent skin and mucous membrane
exposure whenever contact with blood or bodily fluid is anticipated.
Disposable gloves shall be worn on all medical emergency responses. Disposable gloves should
be worn before making physical contact with any patient and/or when handling items (e.g.,
evidence, transportation vehicle) soiled with blood or other bodily fluids. Should one's disposable
gloves become contaminated with blood or other bodily fluids, the gloves shall be disposed of
as contaminated waste. Care should be taken to avoid touching other items (e.g., pens, books,
and personal items in general) while wearing the disposable gloves in a potentially contaminated
environment.
All procedures involving blood or other potentially infectious materials shall be done in a way to
minimize splashing, spraying, or otherwise generating droplets of those materials.
Eating, drinking, smoking, applying lip balm, and handling contact lenses shall be prohibited in
areas where a potential for an exposure exists.
1008.3 DISPOSAL AND DECONTAMINATION

The following procedures will apply to the disposal or decontamination of equipment or personnel
after responding to an event that involved contact with a person's blood or bodily fluids:
1008.3.1 USE OF WASTE CONTAINERS

Officers shall dispose of biohazards with the on-scene EMS vehicle, at the attending clinic or
hospital with its approval, or in an appropriately marked biohazard waste container immediately
upon arrival.
The biohazard waste container shall be collapsible, leakproof, red, or appropriately labeled with
a biohazard warning and routinely emptied.
1008.3.2 DECONTAMINATION OF SKIN AND MUCOUS MEMBRANES

Personnel shall wash their hands immediately, on--scene if reasonably possible, or as soon as
reasonably possible following the removal of potentially contaminated gloves. Antibacterial soap
and warm water or an approved disinfectant shall be used to wash one's hands, paying particular
attention to the fingernails.
If an employee's intact skin contacts someone else's blood or bodily fluids or other potentially
infectious materials, the employee shall immediately wash the exposed part of his/her body
with soap and warm water and/or an approved disinfectant as soon as possible. If the skin
becomes grossly contaminated, body washing shall be followed by an approved hospital strength
disinfectant. If large areas of the employee's skin are contaminated, the employee shall shower
as soon as reasonably possible, using warm water and soap and/or an approved disinfectant.
Medical treatment should be obtained.
Contaminated non-intact skin (e.g., injured skin, open wound) shall be cleaned using an approved
disinfectant and then dressed or bandaged as required. Medical treatment is required.
Department
All hand, skin, and mucous membrane washing that takes place in the station shall be done
in the designated cleaning or decontamination area. Cleaning shall not be done in the kitchen,
bathrooms, or other locations not designated as a cleaning or decontamination area.
1008.3.3 SHARPS AND ITEMS THAT CUT OR PUNCTURE

All personnel shall avoid using or holding sharps (e.g., needles, blades) unless they are needed
to assist a paramedic or are being collected for evidence. Employees are not to recap sharps.
If needed as evidence, employees shall place item in the appropriate evidence container. If
recapping is necessary, a one-handed method shall be employed to avoid a finger prick. Disposal,
when practicable, shall be into a puncture-proof biohazard container.
All sharps and items that cut or puncture (e.g., broken glass, razors, and knives) shall be treated
cautiously to avoid cutting, stabbing or puncturing one's self or any other person. If a sharp
object contains known or suspected blood or other bodily fluids, that item is to be treated as a
contaminated item. If the item is not evidence, touching it with the hands shall be avoided. Use a
device such as tongs or a broom and a dustpan to cleanup debris. If the material must be hand
held, protective gloves must be worn.
1008.3.4 DISPOSABLE PROTECTIVE EQUIPMENT

Contaminated disposable supplies (e.g., gloves, dressings, CPR mask) shall be transported with
the patient or suspect in the ambulance or police vehicle. The waste material shall then be
disposed of in a biohazard waste container at the hospital or police station. Disposable gloves
are to be worn while placing the waste into the waste biohazard container, placing the gloves in
with the waste when through.
1008.3.5 DECONTAMINATION OF PERSONAL PROTECTIVE EQUIPMENT

After using any reusable personal protective equipment, it shall be washed or disinfected and
stored appropriately. If the personal protective equipment is not reusable (e.g., disposable gloves),
it shall be discarded in a biohazard waste container as described in this policy.
Any personal protective equipment that becomes punctured, torn, or loses its integrity shall be
removed as soon as feasible. The employee shall wash up and replace the personal protective
equipment if the task has not been completed. If any failure of personal protective equipment
results in a contaminated non-intact skin event, decontamination as described in this policy shall
be implemented.
Contaminated reusable personal protective equipment that must be transported prior to cleaning it
shall be placed into a biohazard waste bag and transported in the ambulance, paramedic truck, or
police vehicle. Gloves shall be worn while handling the biohazard waste bag and during placement
into the biohazard waste container, and then included in with the waste.
1008.3.6 DECONTAMINATION OF NON-DISPOSABLE EQUIPMENT

Contaminated non-disposable equipment (e.g., flashlight, gun, baton, clothing, portable radio)
shall be decontaminated as soon as reasonably possible. If it is to be transported, it shall be done
by first placing it into a biohazard waste bag.
Department
Grossly contaminated non-disposable equipment items shall be transported to a hospital or police

station for proper cleaning and disinfecting. Porous surfaces such as nylon bags and straps shall
be brushed and scrubbed with a detergent and hot water, laundered, and allowed to dry. Non-
porous surfaces (e.g., plastic or metal) shall be brushed and scrubbed with detergent and hot
water, sprayed with a bleach solution, rinsed, and allowed to dry. Delicate equipment (e.g., radios)
should be brushed and scrubbed very carefully using a minimal amount of a type of germicide that
is approved by the Environmental Protection Agency (EPA).
While cleaning equipment, pay close attention to handles, controls, corners, crevices, and portable
radios. Equipment cleaning shall not be done in the kitchen, bathrooms, or areas that are not
designated as a cleaning/decontamination area.
Contaminated equipment should be cleaned using an approved EPA germicide or a 1:100 solution
of chlorine bleach (.25 cup of bleach per one gallon of water) while wearing disposable gloves
and goggles. Large particles of contaminants such as vomit, feces, and blood clots should first
be removed (e.g., using a disposable towel or other means to prevent direct contact) and then
properly disposed.
1008.3.7 DECONTAMINATION OF CLOTHING

Contaminated clothing such as uniforms and undergarments shall be removed as soon as feasible
and rinsed in cold water to prevent the setting of bloodstains. If the clothing may be washed in
soap and hot water, do so as soon as possible. If the clothing must be dry cleaned, place it into
a biohazard waste bag and give it to the on-duty supervisor. The on-duty supervisor will secure a
dry cleaner that is capable of cleaning contaminated clothing and will inform them of the potential
contamination. This dry cleaning will be done at the Department's expense.
Contaminated leather boots shall be brushed and scrubbed with detergent and hot water. If the
contaminant soaked through the boot, the boot shall be discarded.
1008.3.8 DECONTAMINATION OF VEHICLES

Contaminated vehicles and components, such as the seats, radios, and doors, shall be washed
with soap and warm water and disinfected with an approved germicide as soon as feasible. Grossly
contaminated vehicles shall be taken out of service and cleaned by a professional service.
1008.3.9 DECONTAMINATION OF STATION AND CLEANING AREA

The Training Sergeant shall designate a location at the station that will serve as the area for
cleaning/decontamination. This area is to be used to keep equipment clean and sanitary and for
the employees to wash any potential contamination from their bodies. This area is to be thoroughly
cleaned after each use and maintained in a clean and sanitary order at all times. The application
of cosmetics, smoking cigarettes, and consuming food and drink are prohibited in this designated
area at all times.
1008.4 POST-EXPOSURE REPORTING AND FOLLOW-UP REQUIREMENTS

In actual or suspected exposure incidents, proper documentation, and follow-up action must occur
to limit potential liabilities and ensure the best protection and care for the employee(s).
Department
1008.4.1 EMPLOYEE RESPONSIBILITY TO REPORT EXPOSURE

To provide appropriate and timely treatment should exposure occur, all employees shall verbally
report the exposure to their immediate supervisor and complete a written exposure report as soon
as possible following the exposure or suspected exposure. The report shall be submitted to the
employee's immediate supervisor and should include the names of witnesses to the incident,
names of persons involved in the underlying incident, and, if reasonably feasible, any written
statements from these parties.
1008.4.2 SUPERVISOR REPORTING REQUIREMENTS

The supervisor on-duty shall investigate every exposure that occurs as soon as reasonably
possible following the incident, while gathering the following information:
(a) Names and social security numbers of the employee(s) exposed.
(b) Date and time of incident.
(c) Location of incident.
(d) The potentially infectious materials involved.
(e) Source of material or person.
(f) Current location of material or person.
(g) Work being done during exposure.
(h) How the incident occurred or was caused.
(i) PPE in use at the time of the incident.
(j) Actions taken post-event (e.g., clean-up and notifications).
The supervisor shall use the above information to prepare a written summary of the incident,
its causes, and recommendations for avoiding similar events. This report will be provided to the
Training Sergeant, Division Commander, the consulting physician, and to the City's Risk Manager.
1008.4.3 MEDICAL CONSULTATION, EVALUATION AND TREATMENT

Any employee who received exposure or suspected exposure shall be seen by a physician (or
qualified health care professional) as soon as reasonably possible.
The Division Commander will request that the qualified health care professional provide the
Division Commander and/or the City's risk manager with a written opinion/evaluation of the
exposed employee's situation. This opinion shall only contain the following information:
• If a post-exposure treatment is indicated for the employee.
• If the employee received a post-exposure treatment.
• Confirmation that the employee received the evaluation results.
• Confirmation that the employee was informed of any medical condition resulting from
the exposure incident that will require further treatment or evaluation.
Department
All other findings or diagnosis shall remain confidential and are not to be included in the written
report.
1008.4.4 COUNSELING
The Department should provide the exposed employee, and his/her family if necessary, the
opportunity for counseling and consultation.
1008.4.5 CONFIDENTIALITY OF REPORTS

Most of the information involved in the process must remain confidential. The Division Commander
shall ensure that all records and reports are kept confidential (Minn. Stat. § 144.7411).
The Division Commander shall be responsible for maintaining records containing the employee's
treatment status and the results of examinations, medical testing, and follow-up procedures that
took place as a result of an exposure.
The risk manager shall be responsible for maintaining the name and social security number of
the employee and copies of any information provided to the consulting health care professional
as a result of an exposure.
This information is confidential and shall not be disclosed to anyone without the employee's written
consent, except as required by law.
1008.5 SOURCE TESTING

Testing for communicable diseases of a person who was the source of an exposure should be
sought when it is desired by the exposed employee or when it is otherwise appropriate. There
are several methods to obtain such testing. It is the responsibility of the Division Commander to
ensure that the proper testing and reporting occur. These methods include the following:
(a) The Brooklyn Center Police Department may request that a licensed hospital or
other licensed emergency medical care facility follow the procedures of Minn. Stat. §
144.7401 to Minn. Stat. § 144.7415 for consensual source testing when an officer or
any other employee acting as a Good Samaritan may have experienced a significant
exposure to pathogenic microorganisms present in human blood that can cause
disease. Officers need not have been engaged in providing medical assistance for
the exposure to apply for source testing; for example, being pricked by a hypodermic
needle during a search may suffice (Minn. Stat. § 144.7401; Minn. Stat. § 144.7402).
A court order may be sought when a source person does not consent to the testing
requested by a hospital or other facility (Minn. Stat. § 144.7407).
(b) Obtaining voluntary consent directly from a person who may be the source of an
exposure to include testing for any relevant disease. This is separate from the consent
that may be sought through a statutory process above.
If the Division Commander is unavailable to seek testing of the person who was the source of
the exposure, it is the responsibility of another Division Commander or designee to ensure testing
is sought.
Department
1008.5.1 PROCEDURE
Upon notification of an employee's exposure, the Division Commander should attempt one or
more of the following methods to obtain source testing:
(a) In order to seek testing through the procedures of Minn. Stat. § 144.7401 to Minn.
Stat. § 144.7415 by a licensed hospital or other emergency medical care facility, the
Division Commander should:
1. Notify a hospital or other applicable facility where the exposed officer or other
employee was evaluated that testing is being requested.
2. Locate the source person if he/she is not at the hospital or other facility. If
the person cannot be located, the Investigations Division Supervisor should
be notified and will assist in location attempts. When located, the Division
Commander will notify the evaluating hospital of the person's location. (It will
then be the responsibility of the hospital to contact the person.)
3. Arrange for free counseling, testing, and treatment of the exposed employee.
4. Inform the exposed employee of the source's test results without the source
individual's name, address, or other uniquely identifying information (Minn. Stat.
§ 144.7404).
5. Contact a City attorney to petition the court to obtain an order for testing a source
individual if there is no blood available from the source individual, and the source
individual refuses to have blood drawn or tested. The Division Commander will
ensure that affidavits in support of the petition are sought and include information
that shows:
(a) The hospital followed protocol and attempted to obtain bloodborne
pathogen test results.
(b) A significant exposure occurred.
(c) A physician with specialty training in infectious diseases, including HIV,
has documented that the exposed department member has provided a
blood sample and consented to testing for bloodborne pathogens and
that bloodborne pathogen test results on the other person are needed to
determine medical treatment for the exposed department member.
6. If a blood sample is already available to the medical facility but the person did not
consent to testing for bloodborne pathogens, the medical facility may proceed
with testing under Minn. Stat. § 144.7406.
(b) Seek consent apart from the above statutory framework when those efforts do not
result in adequate source testing. The following steps should be taken:
(a) A licensed health care provider should notify the person to be tested of the
exposure and make a good faith effort to obtain voluntary informed consent
Department
from the person or his/her authorized legal representative to perform a test for
HIV, hepatitis B, hepatitis C, and other communicable diseases the health care
provider deems appropriate under the circumstances.
(b) The voluntary informed consent obtained by the health care provider must be in
writing and include consent for three specimens of blood for testing. The Division
Commander should document the consent as a supplement to the Exposure
Control Report.
(c) The results of the tests should be made available to the source and the exposed
employee.
Since there is potential for overlap between the methods for obtaining testing, the Division
Commander is responsible for coordinating the testing to prevent unnecessary or duplicate testing.
Direct consent with the source person should not be sought if consent is otherwise obtained by a
health or medical service provider under one of the above statutory processes. If it appears that
source testing would benefit an exposed employee but that it cannot be accomplished through the
above methods, the Division Commander should consult with City counsel to seek an alternate
legal testing method.
Department
Smoking and Tobacco Use

This policy establishes limitations on the use of tobacco products by employees and others while
on-duty or while in Brooklyn Center Police Department facilities or vehicles.
1009.2 POLICY
The Brooklyn Center Police Department recognizes that tobacco use is a health risk and can be
offensive to other employees and to the public.
1009.3 EMPLOYEE USE

Smoking and other use of other tobacco products is not permitted inside any City facility, office,
or vehicle.
It shall be the responsibility of each employee to ensure that no person under his/her supervision
smokes or uses any tobacco product inside City facilities and vehicles.
1009.4 ADDITIONAL PROHIBITIONS

No employee shall smoke, even while out of view of the public or off-duty, in areas properly posted
with “No Smoking” notices, nor shall any employee use tobacco products on public school property
(Minn. Stat. § 609.681; Minn. Stat. § 144.4165). The Administration Supervisor should ensure that
proper signage is in place for notice of areas where tobacco use is restricted (Minn. R. 4620.0500).
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Department
Personnel Complaints
This policy provides guidelines for the reporting, investigation and disposition of complaints
regarding the conduct of members of the Brooklyn Center Police Department (Minn.R.
6700.2200).
1010.2 POLICY
The Brooklyn Center Police Department takes seriously all complaints regarding the service
provided by the Department and the conduct of its members.
The Department will accept and address all complaints of misconduct in accordance with this
policy and applicable federal, state and local law, municipal and county rules and the requirements
of any collective bargaining agreement.
It is also the policy of this department to ensure that the community can report misconduct without
concern for reprisal or retaliation.
Complainant - A person claiming to be the victim or witness of misconduct by an officer.
Investigation - An administrative investigation, conducted by the department, of alleged
misconduct by an officer that could result in discipline.
Formal Statement - The questioning of an employee in the course of obtaining a recorded,
stenographic or signed statement to be used as evidence in a disciplinary proceeding against the
employee (Minn. Stat. 626.89 Subd. 1 (b)).
1010.3 PERSONNEL COMPLAINTS

Personnel complaints include any allegation of misconduct, improper job performance that, if true,
would constitute a violation of department policy or of federal, state or local law, policy or rule.
Personnel complaints may be generated internally or by the public.
Inquiries about conduct or performance that, if true, would not violate department policy or federal,
state or local law, policy or rule may be handled informally by a supervisor and shall not be
considered a personnel complaint.
This policy shall not apply to any counseling, instruction, informal verbal admonishment or other
routine or unplanned contact of a member in the normal course of duty, by a supervisor or any
other member; nor shall this policy apply to a criminal investigation.
Personnel complaints shall be classified in one of the following categories:
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Department
Informal - A matter in which the complaining party is satisfied that appropriate action has been
taken by a supervisor of rank greater than the accused member.Informal complaints need not
be documented on a personnel complaint form, and the responsible supervisor shall have the
discretion to handle the complaint in a manner consistent with this policy.
Formal - A matter in which a supervisor determines that further action is warranted. Such
complaints may be investigated by a supervisor of rank greater than the accused member,
depending on the seriousness and complexity of the investigation.
1010.4 AVAILABILITY AND ACCEPTANCE OF COMPLAINTS
1010.4.1 COMPLAINT FORMS

Personnel complaint forms will be maintained in the public area of the police facility and be
accessible through the department website.
Personnel complaint forms in languages other than English may also be provided, as determined
necessary or practicable.
1010.4.2 ACCEPTANCE
All complaints will be courteously accepted by any department member and promptly given to a
supervisor. Although written complaints are preferred, a complaint may also be filed orally, either in
person, by telephone or via email. Such complaints will be directed to a supervisor. If a supervisor
is not immediately available to take an oral complaint, the receiving member shall obtain contact
information sufficient for the supervisor to contact the complainant. The supervisor, upon contact
with the complainant, shall complete and submit a complaint form as appropriate.
Although not required, complainants should be encouraged to file complaints in person so that
proper identification, signatures, photographs or physical evidence may be obtained as necessary.
1010.4.3 SOURCES OF COMPLAINTS

The following applies to the source of complaints:
(a) Individuals from the public may make complaints in any form, including in writing, by email,
in person or by telephone.
(b) Any department member aware of alleged misconduct shall immediately notify a supervisor.
(c) Supervisors shall initiate a complaint based upon observed misconduct or receipt from any
source alleging misconduct that, if true, could result in disciplinary action.
Department
(d) Anonymous and third-party complaints should be accepted and investigated to the extent that
sufficient information is provided.
(e) Tort claims and lawsuits may generate a personnel complaint.
(f) The Minnesota Board of Peace Officer Standards and Training (POST) may refer complaints
alleging a violation of a statute or rule that the board is empowered to enforce (Minn. Stat. §
214.10, Subd. 10).
(h) Any person wishing to file a complaint against the chief of police should be referred to the City
Manager for investigation by an outside agency.
1010.4.4 MINNESOTA POST INVESTIGATIONS

The Minnesota POST Board may require an administrative investigation based upon a complaint
alleging a violation of a statute or rule that the board is empowered to enforce. Any such
misconduct allegation or complaint assigned to this department shall be completed and a written
summary submitted to the POST executive director within 30 days of the order for inquiry (Minn.
Stat. § 214.10, Subd. 10).
1010.4.5 COMPLAINT COPIES

After a complaint is filed, the accepting member should sign the document, keep a copy for the
department and provide a copy to the complainant.
1010.5 DOCUMENTATION
Supervisors shall ensure that all formal complaints are documented on a complaint form. The
supervisor shall ensure that the nature of the complaint is defined as clearly as possible.
All complaints and inquiries should also be documented in a log that records and tracks complaints.
The log shall include the nature of the complaint and the actions taken to address the complaint.
On an annual basis, the Department should audit the log and send an audit report to the chief of
police or the authorized designee.A member of this department may request to see any entries
in the log that pertain to their actions.
1010.6 ADMINISTRATIVE INVESTIGATIONS

Allegations of misconduct will be administratively investigated as follows (Minn. R. 6700.2200)

In general, the primary responsibility for the investigation of a personnel complaint shall rest with
the member's immediate supervisor, unless the supervisor is the complainant, or the supervisor
is the ultimate decision-maker regarding disciplinary action or has any personal involvement
Department
regarding the alleged misconduct. The chief of police or the authorized designee may direct that
another supervisor to investigate any complaint.
A supervisor who becomes aware of alleged misconduct shall take reasonable steps to prevent
aggravation of the situation.
The responsibilities of supervisors include, but are not limited to:
(a) Ensuring that upon receiving or initiating any formal complaint, a complaint form is completed.
1. The original complaint form will be directed to the immediate supervisor and the divisional
commander of the accused member, via the chain of command.
2. In circumstances where the integrity of the investigation could be jeopardized by reducing
the complaint to writing or where the confidentiality of a complainant is at issue, a supervisor shall
orally report the matter to the member's division commander or the chief of police, who will initiate
appropriate action.
(b) Responding to all complaints in a courteous and professional manner.
(c) Resolving those personnel complaints that can be resolved immediately.
1. Follow-up contact with the complainant should be made within a reasonable amount time
after the Department has received the complaint.
2. If a formal complaint is resolved and no further action is required, the supervisor will note the
resolution on a complaint form and forward the form to the member’s divisional commander.
(d) Ensuring that upon receipt of a complaint involving allegations of a potentially serious nature,
the shift sergeant, divisional commander and chief of police are notified via the chain of command
as soon as practicable.
(e) Promptly contacting the human resources department and divisional commander for direction
regarding their roles in addressing a formal complaint that relates to sexual, racial, ethnic or other
forms of prohibited harassment or discrimination.
(f) When a supervisor determines that a personnel complaint filed by one employee against
another is the result of a personal disagreement or a dispute regarding the interpretation of a
department rule or policy, rather than a violation of a rule or policy, the supervisor shall notify the
division commander and attempt to resolve the conflict outside of the complaint process.
(f) Forwarding unresolved personnel complaints to the divisional commander, who will consult
with the chief of police to determine whether or not to assign the complaint for investigation.
(g) Informing the complainant of the investigator’s name and the complaint number within three
days after assignment.
(h) Investigating a complaint as follows:
1. Making reasonable efforts to obtain names, addresses and telephone numbers of witnesses.
Department
2. When appropriate, ensuring immediate medical attention is provided and photographs of

alleged injuries and accessible uninjured areas are taken.
(i) Ensuring that the procedural rights of the accused member are followed.
(j) Ensuring interviews of the complainant are generally conducted during reasonable hours.
1010.6.2 ADMINISTRATIVE INVESTIGATION PROCEDURES

Whether conducted by a supervisor, an assigned member of the command staff, or an assigned
third party the following shall apply to members covered by the Peace Officer Discipline
Procedures Act (Minn. Stat. §626.89):
(a) Interviews of any accused employee shall be conducted during reasonable hours and
preferably when the member is on-duty (Minn. Stat. § 626.89, Subd. 7). If the member is off-duty,
he/she shall be compensated.
(b) Unless waived by the member, interviews of an accused member shall be at the Brooklyn
Center Police Department or at a place agreed upon by the accused member (Minn. Stat. §
626.89, Subd. 4).An investigator may not interview an employee at that person’s home without
the employee’s prior permission
(c) No more than two interviewers should ask questions of an accused member.
(d) Prior to any interview, the accused member, should be provided a summary of the alleged
misconduct, a copy of any written complaint signed by the complainant (Minn Stat. 626.89, Subd.
5), the name and rank officer in charge of the investigation and the name of the officer conducting
the interview.
(e) All interviews should be for a reasonable period and the member's personal needs should be
accommodated (Minn. Stat. § 626.89, Subd. 7).
(f) No member should be subjected to offensive or threatening language, nor shall any promises,
rewards or other inducements be used to obtain answers.
(g) Any member refusing to answer questions directly related to the investigation may be ordered
to answer questions administratively and may be subject to discipline for failing to do so.
1. A member should be given an order to answer questions in an administrative investigation that

might incriminate the member in a criminal matter only after the member has been given a Garrity
advisement. Administrative investigator should consider the impact that compelling a statement
Department
from the member may have on any related criminal investigation and should take reasonable steps
to avoid creating any foreseeable conflicts between the two related investigations. An example of
such conflict may include conferring with the person in charge of the criminal investigation (e.g.,
discussion of processes, timing, and implications).
2. No information or evidence administratively coerced from a member may be provided to

anyone involved in conducting the criminal investigation or to any prosecutor.
(h) The interviewer shall record all interviews of accused members and witnesses related to an
administrative investigation. Members may also record the interview. A complete copy or transcript
of the interview must be made available to the member upon written request without charge or
undue delay. If the member has been previously interviewed, a copy of that recorded interview
shall be provided to the member prior to any subsequent interview (Minn. Stat. § 626.89, Subd. 8).
(i) All employees subjected to interviews that could result in discipline have the right to have an
uninvolved representative or attorney present before or during the interview (Minn. Stat. § 626.89,
Subd. 9).
1. All accused employees shall be given no less than a five day notice of the date/time and
location of an interview.
2. In order to maintain the integrity of each individual’s statement, involved members shall not
consult or meet with a representative or attorney collectively or in groups prior to being interviewed.
(j) All employees shall provide complete and truthful responses to questions posed during
interviews.
(k) No member may be compelled nor requested to submit to a polygraph examination, nor shall
any refusal to submit to such examination be mentioned in any investigation.
(l) Before a formal statement is taken, the member shall be advised in writing or on the record
that admissions made may be used as evidence of misconduct or a basis for discipline (Minn.
Stat. § 626.89, Subd. 10).
(m) A member may not be required to produce financial records (Minn. Stat. § 626.89, Subd. 11).
(n) A member’s photograph will not be released unless allowed by law (Minn. Stat. §626.89,
Subd. 12).
Department
1010.6.3 ADMINISTRATIVE INVESTIGATION FORMAT

Formal investigations of personnel complaints shall be thorough, complete and may contain the
following or any other sections as needed:
Introduction - Include the identity of the accused employees, the identity of the assigned
investigators, the initial date and source of the complaint.
Synopsis - Provide a brief summary of the facts giving rise to the investigation.
Summary - List the allegations separately, including applicable policy sections, with a brief
summary of the evidence.
Investigation - Each allegation should be set forth with the details of the evidence applicable
to each allegation provided, including comprehensive summaries of member, complainant and
witness statements. Other evidence related to each allegation should also be detailed in this
section.
Conclusion - A recommendation regarding further action or disposition should be provided.
Exhibits - A separate list of exhibits (e.g., recordings, photos, documents) should be attached
to the report.
1010.6.4 DISPOSITIONS
Each personnel complaint shall be classified with one of the following dispositions:
Unfounded - The allegation(s) are false or not factual.
Exonerated - The alleged act occurred but that the act was justified, lawful and/or proper.
Not sustained - There is insufficient evidence to sustain the complaint or fully exonerate the
member.
Sustained - Preponderance of the evidence exists to establish that the act occurred and that it
constituted misconduct.
Policy Failure - The allegation is not a violation of policy, but the policy is inadequate.
If an investigation discloses misconduct or improper job performance that was not alleged in the
original complaint, the investigator shall provide the accused member with an updated summary
of allegations to include any additional allegations discovered during the investigation.
The chief of police may authorize that any investigation be re-opened any time substantial new
evidence is discovered concerning the complaint.
1010.6.5 COMPLETION OF INVESTIGATIONS

Every investigator or supervisor assigned to investigate a personnel complaint or other alleged
misconduct shall proceed with due diligence.Investigations should be completed within three
Department
months of the date the Department becomes aware of the allegation.The chief of police may
extend the period to six months if the investigation reasonably requires such an extension.
Should additional time be required, a written request should be made to the chief of police,
generally 30 days before the end of the period, requesting an extension.A request for extension
should include the reason for the extension and the completion date requested.Such a request
must be approved by the chief of police or the authorized designee in writing and a copy provided
to the accused employee.
Notice to the complaining party shall be provided as soon as practicable following final disposition
and be consistent with the provisions of the Minnesota Government Data Practices Act (Minn.
13.43 Subd. 2; Minn. R. 6700.2200).
1010.6.6 EXTERNAL INVESTIGATIONS

The chief of police may request that an outside agency or person conduct an investigation anytime
the chief of police determines an external investigation is appropriate.
This department should not conduct an investigation when the chief of police is the subject of the
complaint. An external investigation should be requested through the City Manager.
1010.7 ADMINISTRATIVE SEARCHES

Assigned lockers, storage spaces and other areas, including desks, offices and vehicles, may
be searched as part of an administrative investigation.Any search of these areas related to an
administrative investigation must be based on reasonable suspicion and must be in the presence
of an uninvolved witness.
Such areas may also be searched any time by a supervisor for non-investigative purposes, such
as obtaining a needed report, radio or other document or equipment.
Employees shall have no expectation of privacy when using telephones, computers, radios or
other communications provided by the department.
1010.8 ADMINISTRATIVE LEAVE

When a complaint of misconduct is of a serious nature, or when circumstances practically dictate
that allowing the accused employee to continue to work would impose an unreasonable risk to
the Department, the employee, other employees or the public, the chief of police or authorized
designee may assign an accused employee to administrative leave. Any employee placed on
administrative leave, pending the completion of an administrative investigation an employee may
be subject to the following guidelines:
(a) May be required to relinquish any department badge, identification, assigned weapons and
any other department equipment.
Department
(b) An employee placed on administrative leave may be ordered to refrain from taking any action
as a departmental employee or in an official capacity.
(c) An employee shall be required to continue to comply with all policies and lawful orders of a
supervisor.
(d) May be temporarily reassigned to a different shift, generally a normal business-hours shift,
during the investigation. The employee may be required to remain available for contact at all times
during such shift, and will report as ordered.
(e) Once the employee placed on administrative leave is returned to regular duty, the employee
shall be returned to his/her regularly assigned shift.
1010.9 ALLEGATIONS OF CRIMINAL CONDUCT

Where an employee is accused of potential criminal conduct, an outside agency or investigator
shall be assigned to investigate the criminal allegations apart from any administrative investigation.
Any separate administrative investigation may parallel a criminal investigation.
The chief of police shall be notified as soon as practicable when a member is accused of criminal
conduct. The chief of police should be the requestor of a criminal investigation by an outside law
enforcement agency.
An employee accused of criminal conduct shall be provided with all rights afforded to a civilian.
The member shall not be administratively ordered to provide any information in the criminal
investigation.
No information or evidence administratively coerced from a member may be provided to anyone
involved in conducting the criminal investigation or to any prosecutor.
The Brooklyn Center Police Department may release information concerning the arrest or
detention of any member, including an officer that has not led to a conviction. No disciplinary action
should be taken until an independent administrative investigation is conducted.
The chief of police may postpone a decision on an administrative investigation until any related
criminal charges are resolved.The complainant and involved member should be informed of this
decision.
Department
1010.10 DIVISION COMMANDER RESPONSIBILITIES

Upon receipt of any completed personnel investigation, the Division Commander of the involved
member shall review the entire investigative file, the member's personnel file and any other
relevant materials.
The Division Commander may make recommendations regarding the disposition of any
allegations and the amount of discipline, if any, to be imposed.
Prior to forwarding recommendations to the chief of police, the division commander may return the
entire investigation to the assigned investigator or supervisor for further investigation or action.
When forwarding any written recommendation to the chief of police, the division commander
shall include all relevant materials supporting the recommendation. Actual copies of a member's
existing personnel file need not be provided and may be incorporated by reference.
1010.11 CHIEF OF POLICE RESPONSIBILITIES

Upon receipt of any written recommendation for disciplinary action, the chief of police shall
review the recommendation and all accompanying materials. The chief of police may modify any
recommendations and/or may return the file to the division commander for further investigation
or action.
Once the chief of police is satisfied that no further investigation or action is required by staff, the
chief of police shall determine the amount of proposed discipline, if any, that should be imposed.
In the event that disciplinary action is proposed, the chief of police shall provide the member with
a written notice of the following:
(a) Access to all of the materials considered in recommending the proposed discipline.
(b) A recommendation of proposed discipline for each charge.
(c) An opportunity to respond orally or in writing within five days of receiving the notice, or as
agreed upon in the bargaining agreement.
1. Upon showing of good cause by the member, the chief of police may grant a reasonable
extension of time for the member to respond.
2. If the member elects to respond orally, the presentation shall be recorded by the Department.
Upon request, the employee shall be provided with a copy of the recording.
Once the member has completed his/her response (see Pre-Discipline Employee Response) or
if the member has elected to waive any such response, the chief of police shall consider all
information received in regard to the recommended discipline. The chief of police shall render a
Department
timely written decision to the member and specify the grounds and reasons for discipline and the
effective date of the discipline.
Once the chief of police has issued a written decision, the discipline shall become effective subject
to the collective bargaining agreement or other rights of the employees such as those under the
Veteran's Preference Act.
1010.11.1 DISCIPLINE
Disciplinary action may include, but is not limited to (Minn. R. 6700.2200):
(a) Oral reprimand;
(b) Written reprimand;
(c) Suspension;
(d) Demotion; or
(e) Discharge.
1010.12 PRE-DISCIPLINE EMPLOYEE RESPONSE

The pre-discipline process is intended to provide the accused employee with an opportunity to
present a written or oral response to the chief of police after having an opportunity to review the
supporting materials and prior to imposition of any recommended discipline.The employee shall
consider the following:
(a) This response in not intended to be an adversarial or formal hearing.
(b) Although the employee may be represented by an uninvolved representative and/or legal
counsel, the response is not designed to accommodate the presentation of testimony or witnesses.
(c) The employee may suggest that further investigation could be conducted or the employee
may offer additional information or mitigating factors for the chief of police to consider.
(d) In the event the chief of police elects to cause further investigation to be conducted, the
employee shall be provided with the results of the subsequent investigation prior to the imposition
of any discipline.
(e) The employee may thereafter have the opportunity to further respond orally or in writing to the
chief of police on the limited issue(s) of information raised in any subsequent materials.
Department
1010.13 RESIGNATIONS / RETIREMENT PRIOR TO DISCIPLINE

In the event that a member tenders a written resignation or notice of retirement prior to the
imposition of discipline, it shall be noted in the file. The tender of a resignation or retirement by
itself shall not serve as grounds for the termination of any pending investigation or discipline.
1010.14 POST-DISCIPLINE APPEAL RIGHTS

Non-probationary employees have the right to appeal all forms of formal disciplinary action taken
against them. The employee has the right to appeal using the procedures established by any
collective bargaining agreement and/or personnel rules (Minn. R. 6700.2200).
Employees covered by the Veterans Preference Act are entitled to written notice of the right to
request a hearing within 60 days of receipt of the notice of intent to terminate, suspend or demote.
Failure to request the hearing in the time specified waives the right to the hearing and all other
legal remedies. Any hearing shall be held in compliance with law (Minn. Stat. § 197.46).
1010.15 PROBATIONARY EMPLOYEES AND OTHER MEMBERS

At-will and probationary employees in addition to members other than non-probationary
employees may be disciplined and/or released from employment without adherence to any of the
procedures set out in this policy, and without notice or cause at any time. These individuals are not
entitled to any rights under this policy except for employees covered by the Veterans Preference
Act (Minn. Stat. § 197.46). However, any of these individuals released for misconduct should be
afforded an opportunity solely to clear their names through a liberty interest hearing, which shall
be limited to a single appearance before the chief of police or the authorized designee (Minn. R.
6700.2200).
Any probationary period may be extended at the discretion of the chief of police in cases when
additional time to review the individual’s performance is considered to be appropriate.
1010.16 RETENTION OF PERSONNEL INVESTIGATION FILES

All personnel complaints shall be maintained in accordance with the established records retention
schedule and as described in the Personnel Records Policy.
1010.16.1 CONFIDENTIALITY OF PERSONNEL FILES

All active investigations of alleged misconduct and personnel complaints shall be considered
confidential and maintained separately from peace officer personnel files. The contents of such
files shall not be revealed to anyone other than the involved member or authorized personnel,
except pursuant to lawful process, such as Minn. R. 6700.2500. Data in closed files shall be treated
as private or public data depending on whether discipline was imposed upon the member.
Department
1010.16.2 LETTERS OF REPRIMAND AND DISCIPLINE

Before being placed in the peace officer's file, the employee will have an opportunity to read and
initial the document.If the peace officer submits a written response, the response will be attached
to the comment or document (Minn. Stat. 626.89, Subd. 13).
Sustained complaints shall be maintained in the employee's personnel file for the prescribed
period. Complaints which are unfounded, exonerated or not sustained shall be maintained in the
risk management file.
Department
Body Armor
The purpose of this policy is to provide law enforcement officers with guidelines for the proper
use of body armor.
1011.2 POLICY
It is the policy of the Brooklyn Center Police Department to maximize officer safety through the
use of body armor in combination with prescribed safety procedures. While body armor provides a
significant level of protection, it is not a substitute for the observance of officer safety procedures.
1011.3 ISSUANCE OF BODY ARMOR

Body armor shall be issued to all officers when the officer begins service at the Brooklyn Center
Police Department and that, when issued, the body armor meets or exceeds the standards of the
National Institute of Justice.
The Patrol Division Commander shall establish a body armor replacement schedule and
ensure that replacement body armor is issued pursuant to the schedule or whenever the body
armor becomes worn or damaged to the point that its effectiveness or functionality has been
compromised.
1011.3.1 USE OF SOFT BODY ARMOR

Generally, the use of body armor is required subject to the following:
(a) Officers shall only wear agency-approved body armor.
(b) Officers shall wear body armor anytime they are in a situation where they could
reasonably be expected to take enforcement action.
(c) Officers may be excused from wearing body armor when they are functioning primarily
in an administrative, investigative, or support capacity.
(d) Body armor shall be worn when an officer is working in uniform or taking part in
Department range training.
(e) An officer may be excused from wearing body armor when he/she is involved
in undercover or plainclothes work that his/her supervisor determines could be
compromised by wearing body armor, or when a supervisor determines that other
circumstances make it inappropriate to mandate wearing body armor.
1011.3.2 INSPECTIONS OF BODY ARMOR

Supervisors should ensure that body armor is worn and maintained in accordance with this policy.
Officers shall report any damage or other problems to their supervisor as soon as possible.
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Department
Body Armor
1011.3.3 CARE AND MAINTENANCE OF SOFT BODY ARMOR

Soft body armor should never be stored for any period of time in an area where environmental
conditions (e.g., temperature, light, humidity) are not reasonably controlled (e.g., normal ambient
room temperature/humidity conditions), such as in automobiles or automobile trunks.
Soft body armor should be cared for and cleaned pursuant to the manufacturer's care instructions
provided with the soft body armor. The instructions can be found on labels located on the external
surface of each ballistic panel. The carrier should also have a label that contains care instructions.
Failure to follow these instructions may damage the ballistic performance capabilities of the armor.
If care instructions for the soft body armor cannot be located, contact the manufacturer to request
care instructions.
Soft body armor should not be exposed to any cleaning agents or methods not specifically
recommended by the manufacturer, as noted on the armor panel label.
1011.4 RANGEMASTER RESPONSIBILITIES

The Armorer should:
(a) Monitor technological advances in the body armor industry for any appropriate
changes to Department approved body armor.
(b) Assess weapons and ammunition currently in use and the suitability of approved body
armor to protect against those threats.
(c) Provide training that educates officers about the safety benefits of wearing body armor.
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Department
Personnel Files
This section governs the maintenance, retention, and access to personnel data in accordance with
established law. It is the policy of this department to maintain personnel data pursuant to state law.
Data practices requests shall be processed and handled in accordance with the Minnesota
Government Data Practices Act (MGDPA) (Minnesota Statutes Chapter 13).
Without regard to where and how stored, all data about a current or former employee or applicant
for employment shall be defined and classified as personnel data consistent with Minn. Stat. §
13.43. All data relating to a criminal investigation of a current or former employee or applicant
shall be defined and classified as criminal data consistent with Minn. Stat. § 13.82.
1012.2 ADMINISTRATIVE FILE DEFINED

Administrative file - Any file of an employee containing information, comments, or documents
about an employee. The term does not include any file relating to an internal investigation. An
Administrative file is a personnel file.
1012.2.1 REQUIRED PERSONNEL FILE CONTENTS

Unfavorable comments or documents entered into an employee's personnel file require that the
employee has the opportunity to read, initial, or comment. If the employee refuses to initial or
comment, a notation is to be made upon the document. The employee may also submit a written
response to the document.
(a) The personnel file should contain any letter, memorandum, or document relating to:
1. A commendation, congratulation, or honor bestowed on an employee by a
member of the public or by the Department for an action, duty, or activity that
relates to official duties.
2. Any misconduct by the employee if the letter, memorandum, or document is from
the Department and if the misconduct resulted in disciplinary action.
3. The periodic evaluation of the officer by a supervisor.
1012.2.2 PERMITTED PERSONNEL FILE CONTENTS

The personnel file may also contain:
(a) Personal data, including dependent data, educational and employment history, and
similar information.
(b) Medical history including medical leave of absence forms, fitness-for-duty
examinations, workers' compensation records, medical releases, and all other records
that reveal an employee's past, curren,t or anticipated future medical conditions.
(c) Election of employee benefits.
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Department
Personnel Files
(d) Employee advancement or promotion.
1012.3 EMPLOYEE RECORD LOCATIONS

Employee records will generally be maintained in any of the following:
Administrative Investigation Files - Those files that contain records relating to internal or
criminal investigations of the employee.
City Personnel Files - Administrative files and other employee files maintained by the City and
not under the control of the Chief of Police.
Department File - That file that is maintained in the office of the Chief of Police as a permanent
record of an employee's employment with this department.
Division File - Any file that is separately maintained internally by an employee's supervisor(s)
within an assigned division for the purpose of completing timely performance evaluations.
Internal Affairs Files - Those files that contain complaints of employee misconduct and all
materials relating to the investigation into such allegations, regardless of disposition.
Medical File - A file maintained separately that exclusively contains material relating to an
employee's medical history.
Supervisor Entries - Any written comment, excluding actual performance evaluations, made by
a supervisor concerning the conduct of an employee of this department.
Training File - Any file which documents the training records of an employee.
1012.4 CONFIDENTIALITY OF ALL PERSONNEL FILES

All of the personnel data defined above shall be deemed private and shall not be subject to
disclosure except pursuant to state and federal discovery procedures, state law, or with the
employee's written consent. Nothing in this section is intended to preclude review of personnel files
by the City Manager, City Attorney, or other attorneys or representatives of the City in connection
with official business (Minn. Stat. § 13.43).
1012.5 REQUESTS FOR DISCLOSURE

Only written requests for the disclosure of any data classified as other than public contained in any
personnel record will be considered. Since the format of such requests may be strictly governed by
law with specific responses required, all such requests shall be promptly brought to the attention
of the divisional commander or other Department member charged with the maintenance of such
records.
Upon receipt of any such request, the responsible Department member shall notify the affected
employee as soon as practicable that such a request has been made.
The responsible Department member shall further ensure that an appropriate response to the
request is made in a timely manner, consistent with applicable law. In many cases this will require
assistance of approved and available legal counsel.
Department
Personnel Files
All requests for disclosure that result in access to an employee's personnel data shall be logged
in the corresponding file and the affected employee shall be notified.
1012.5.1 RELEASE OF PRIVATE DATA

Except as provided by this policy, pursuant to lawful process, pursuant to state law or court
order, no private data shall be disclosed without the written consent of the employee or written
authorization of the Chief of Police designee (Minn. Stat. § 13.43).
Except as otherwise provided by law the home address and any photograph of an employee in
the possession of the Department is private data (Minn. Stat. § 13.43, Subd. 2 (c)).
Any person who intentionally discloses private data may be guilty of a crime.
1012.6 EMPLOYEE ACCESS TO OWN FILE

Upon request, an employee may review all data of that employee other than data classified as
confidential.
The employee or his/her authorized representative may, except as otherwise prohibited by federal
or state law, review any data relating to the investigation, including any recordings, notes,
transcripts of interviews, and documents, if the investigation causes the Department to impose
discipline and the employee has the right to access to defend in that proceeding.
Any employee seeking the removal of any data from his/her personnel file shall file a written
request to the Chief of Police through the chain of command. The Department shall thereafter
remove any such data if appropriate or within 30 days provide the employee with a written
explanation why the contested data will not be removed. If the contested data is not removed, the
employee's request and the organization's written response shall be retained with the contested
data in the employee's personnel file. If the contested data is ultimately removed, the written
responses shall also be removed (Minn. Stat. § 181.962, Subd. 1). An employee not satisfied with
this resolution may seek such other remedies as are authorized by the MGDPA.
Employees may be restricted from accessing files containing any of the following information:
(a) Ongoing internal affairs investigations to the extent that it could jeopardize or
compromise the investigation pending final disposition or notice to the employee of
the intent to discipline.
(b) Confidential portions of internal affairs files that have not been sustained against the
employee.
1012.7 TYPES OF PERSONNEL FILES

The Department may maintain a personnel file on an employee for the Department's use, but the
Department may not release any data contained in the Department file to any agency or person
requesting data relating to an employee except as authorized or required by the MGDPA. The
Department shall refer to the Chief of Police or designee any person or agency that requests
personnel data.
Department
Personnel Files
1012.7.1 POLICE DEPARTMENTOFFICE FILE

The Department file should contain, but is not limited to, the following:
(a) Performance evaluation reports regularly completed by appropriate supervisor(s) and
signed by the affected employee shall be permanently maintained and a copy provided
to the employee.
1. The employee may make a statement in writing, which shall be attached to the
performance evaluation.
(b) Disciplinary action.
1. Disciplinary action resulting from sustained complaints shall be maintained in the
individual employee's Department file consistent with the organization's records
retention schedule.
2. Investigations of complaints that do not result in discipline shall not be placed
in an employee's Department file but will be separately maintained for the
appropriate retention period in the internal affairs file.
3. Data related to discipline that has been entirely overturned on appeal shall not
be placed in an employee's Department file but will be separately maintained for
the appropriate retention period in the internal affairs file.
(c) If a negative letter, memorandum, document, or other notation of negative impact is
included in an officer's personnel file, the Department shall, within 30 days after the
date of the inclusion, notify the affected officer. The officer may file a written response
to the negative letter, memorandum, document, or other notation.
1. Any such employee response shall be attached to and retained with the original
adverse comment.
2. If an employee refuses to initial or sign an adverse comment, at least one
supervisor should note the date and time of such refusal on the original
comment. Such a refusal shall not be deemed insubordination nor shall it prohibit
the entry of the adverse comment into the employee's file.
(d) Commendations shall be retained in the employee's Department file, with a copy
provided to the involved employee(s).
(e) Information reflecting assignments, promotions, and other changes in the employee's
employment status.
(f) A photograph of the employee.
1012.7.2 DIVISION FILE

The Division File should contain, but is not limited to, the following:
Department
Personnel Files
(a) Supervisor entries, notices to correct, and other materials intended to serve as a
foundation for the completion of timely performance evaluations.
1. All materials intended for this interim file shall be provided to the employee prior
to being placed in the file.
2. Duplicate copies of items that will also be included in the employee's Department
file may be placed in this interim file in anticipation of completing any upcoming
performance evaluation.
3. Once the permanent performance evaluation form has been made final, the
underlying foundational material(s) and/or duplicate copies may be purged in
accordance with this policy.
(b) All data practices shall apply equally to the division file.
(c) A record of a supervisory intervention procedure or a policy and procedure inquiry
regarding an employee shall not be maintained except in the division file.
1012.7.3 INTERNAL AFFAIRS FILE

The Internal Affairs file shall be maintained under the exclusive control of the Commander of
Investigations in conjunction with the office of the Chief of Police. Access to these files may only
be approved by the Chief of Police or the Commander of Investigations. These files shall contain:
(a) The complete investigation of all formal complaints of employee misconduct
regardless of disposition.
1. Each investigation file shall be sequentially numbered within a calendar year
(e.g., 10-001, 10-002) with an alphabetically arranged index cross-referenced
for each involved employee.
(b) Internal investigations files shall be securely maintained for the minimum periods as
identified in the Personnel Complaint and Misconduct Policy.
1012.7.4 TRAINING FILES

An individual training file shall be maintained by the Training Sergeant or designee for each
employee. Training files will contain records of all training and education mandated by law or the
Department, including firearms qualifications and mandated annual proficiency requalification.
(a) It shall be the responsibility of the involved employee to provide the Training Sergeant
or immediate supervisor with evidence of completed training/education in a timely
manner.
(b) The Training Sergeant, supervisor, or designee shall ensure that copies of such
training records are placed in the employee's training file.
Department
Personnel Files
1012.7.5 MEDICAL FILE

A private medical file shall be maintained separately from all other files and shall contain all
documents relating to the employee's medical condition and history, including, but not limited to,
the following:
(a) Materials relating to medical leaves of absence.
(b) Documents relating to workers' compensation claims or receipt of short- or long-term
disability benefits.
(c) Fitness-for-duty examinations, psychological and physical examinations, follow-up
inquiries, and related documents.
(d) Medical release forms, doctor's slips, and attendance records that reveal an
employee's medical condition.
(e) Any other documents or material that reveal the employee's medical history or medical
condition, including past, present, or future anticipated mental, psychological, or
physical limitations.
1012.7.6 EMPLOYEE ASSISTANCE PROGRAMS

Employee assistance records must be kept separate from personnel records and shall not become
part of an employee's personnel file (Minn. Stat. § 181.980, Subd. 3).
1012.8 PURGING OF FILES

Personnel data not involved in pending litigation or other ongoing legal proceedings may be purged
from respective Department files once the required records retention period has been met.
(a) Divisional Commanders responsible for reviewing the employee's performance
evaluation shall also determine whether any prior sustained disciplinary file should be
retained beyond the statutory period for reasons other than pending litigation or other
ongoing legal proceedings.
(b) If a Divisional Commander determines that records of prior discipline should be
retained beyond the applicable statutory period, approval for such retention shall be
obtained through the chain of command from the Chief of Police.
(c) During the review of each employee's performance evaluation, all complaints and
discipline should be reviewed to determine the relevancy, if any, to progressive
discipline, training, and career development. If in the opinion of the Chief of Police
a complaint or disciplinary action beyond the statutory retention period is no longer
relevant, all records of such matter may be destroyed pursuant to records destruction
requirements.
Department
Commendations and Awards

1013.1.1 RESPONSIBILITY
EMPLOYEES:
Each employee of the Department is responsible for nominating other Department employees and
citizens whose meritorious action comes to their attention.
RECOGNITION COMMITTEE:
The recognition committee is responsible for reviewing all award recommendations and forwarding
final recommendations to the chairperson who shall forward to the Chief.
ADMINISTRATIVE ASSISTANT:
The Administrative Assistant is responsible for placing evidence of an award in the recipient’s
Department personnel file.
SUPERVISORS:
Department supervisors are not precluded by this General Order from recognizing special effort
by an employee. Supervisors are responsible for reporting such performance to the chairperson.
In addition, supervisors are encouraged to write letters of appreciation to employees for excellent
performance of regular duties.
1013.2 COMMENDATION AWARDS

Medal of Honor :
The Medal of Honor may be awarded to an employee of the Department for an act of outstanding
bravery or heroism. Such an act would be characterized by courage in the face of great danger
and a risk of personal injury or death. The Medal of Honor shall consist of a medal with a purple
neck-ribbon and a commendation bar.
Medal of Valor :
The Medal of Valor may be awarded to an employee of the Department who, conscious of danger,
intelligently distinguishes himself or herself by the performance of an act of gallantry and valor. The
Medal of Valor shall consist of a medal with a red neck-ribbon and a commendation bar.
Citizen Service Medal :
The Citizen Service Medal may be awarded to a citizen who, conscious of danger, intelligently
distinguishes himself/herself by the performance of an act of gallantry and valor. The Citizen
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Department
Service Medal is a Medal of Valor that may be awarded to a citizen by the Chief. The award shall
consist of a medal with a red neck ribbon.
Medal of Merit :
The Medal of Merit may be awarded to an employee of the Department for an act of excellent
or outstanding self-initiated work, highly creditable unusual accomplishment, or for continuing
long-term dedication and devotion to the Department or the community as a representative of
the Department. The Medal of Merit shall consist of a medal with a green neck-ribbon and a
commendation bar.
Merit of Achievement :
The Merit of Achievement may be awarded to an employee of the Department for outstanding
performance in a particular incident, or for several acts of achievement that are beyond the normal
performance required of that employee, and which reflect consistent above-average performance
on the job. It is awarded for performance that exemplifies professionalism, distinguished because
of attention to detail, and the special effort taken to accomplish the particular task(s). It may also
be awarded for an accomplishment in the area of improved operations. The Merit of Achievement
shall consist of a framed certificate and a commendation bar for sworn personnel or a lapel pin
for non-sworn personnel.
Chief's Certificate of Commendation :
The Chief’s Certificate of Commendation may be awarded to an employee of the Department or a
citizen for an act of achievement that is beyond the normal performance required of that employee
and which reflects great credit upon the Department.
• The Chief may present a Certificate of Commendation directly to a
Department employee without approval of, or review by, the recognition committee.
• Any employee of the Department may submit to the Chief for consideration the
performance of any other employee of the Department. In this situation, the Chief
shall review the case directly.
• Receiving the Chief’s Certificate of Commendation does not preclude eligibility of a
Department employee from nomination of another type of award under the recognition
program for the same incident.
The recognition committee may recommend the presentation of a Chief’s Certificate of
Commendation as an award for single incidents that meet the award criteria.
• After a Department employee has received three Chief’s Certificates of
Commendation initiated either by the Chief or the recognition committee in a 12-month
period, he/she becomes eligible for a Merit of Achievement Award.
• The recommendation for a Merit of Achievement Award in these incidents is for
acknowledgement of an individual's consistent performance beyond the normal
requirements of the job.
Department
• At their discretion, the recognition committee may extend the 12-month time frame for
any individual.
• The Chief shall acknowledge the recognition committee’s recommendation of
this award in his Certificate of Commendation.
Unit/Group Certificate of Commendation :
A Unit/Group Certificate of Commendation may be awarded to a specific unit or group of individuals
who exemplify teamwork and achievement beyond normal performance and reflects credit upon
the Department. This commendation shall consist of a certificate to each employee of the unit/
group recognizing the singular achievement or consistent above average achievement(s).
Personnel Files :
Evidence of all awards shall be placed in each recipient’s Department personnel file.
1013.3 RECOGNITION RECOMMENDATION PROCEDURE

Any Department employee may nominate another employee of the Department or a citizen for an
award. Recognition committee members are authorized to participate in the nomination process.
• All nominations shall be made on the two-part Award Recommendation Form.
Recommendations shall include a detailed account of the acts or achievements
forming the basis for the nomination. Copies of any pertinent reports or documents
shall also be attached. The originating person shall retain a copy of the completed
recommendation form.
• To access the Award Recommendation Form, open Microsoft Word and go to P:
\FORMS\Administrative\Award Recommendation Form. All nominations shall be
made on the two-part Award Recommendation Form. Recommendations shall include
a detailed account of the acts or achievements forming the basis for the nomination.
Copies of any pertinent reports or documents shall also be attached. The originating
person shall retain a copy of the completed recommendation form.
All recommendations shall be submitted to the committee chairperson.
1013.3.1 RECOGNITION COMMITTEE MEMBERSHIP

The recognition committee shall consist of seven Department employees serving at the direction
of the Chief. The committee shall be comprised of the following:
• 1 administrative staff person or designee (as chairperson)
• 1 sergeant
• 1 detective
• 2 patrol officers
• 1 dispatcher
• 1 records employee.
Department
A community service officer may be appointed to serve a term on the committee in place of a
dispatcher or records employee.
Appointment of Committee Members:
• Recognition committee members shall be appointed by the Chief upon
recommendation from Department personnel.
Committee Chairperson:
• An administrative staff person, or Chief of police designee, shall serve the function of
the committee chairperson. The committee chairperson shall not be a voting member,
except in cases of a tie.
Committee Members Nominated for an Award:
• A committee member who has been nominated for an award may not participate in
the review of his/her case.
Operating Without an Alternate:
• In cases where a committee member has been nominated for an award, or a member
is unable to attend a meeting, the committee shall operate without an alternate.
Compensation for Attendance:
• All committee members shall be compensated for their attendance at committee
meetings in accordance with applicable labor agreements and City policies.
1013.3.2 RECOGNITION COMMITTEE PROCEDURES

The recognition committee shall meet annually, or at the direction of the chairperson, to review
all award nominations. The committee shall review each recommendation and decide what
type of recognition, if any, would be appropriate. The committee shall be authorized to review
all documents necessary to make an appropriate decision. If the committee needs additional
information, it may return a recommendation to its originator for further documentation or seek
that information on its own.
All decisions of the committee shall be made by majority vote with the chairperson casting the
deciding vote in the case of a tie. The committee’s findings and recommendations shall be
submitted to the Chief for final approval.
With the exception of extenuating circumstances, the Chief shall concur with the recommendations
made by the committee. If circumstances exist in which the Chief is unable to concur with a
recommendation, the committee shall be notified of the extenuating circumstances at such time
when notification would be appropriate and confidentiality would no longer be an issue.
Department
Final approval or denial of all awards shall be made by the Chief within thirty (30) days of
recommendation by the recognition committee, unless extenuating circumstances prohibit a final
decision within that time frame.
Recommendations Denied
In the event that a recommendation is denied, the originating person shall receive a written
document stating the reason(s) for the denial.
The individual may appeal the decision in writing to the Chief. The Chief shall reevaluate the
decision, and do one of the following:
• Reaffirm the original denial, or
• Submit the appeal to the committee for reevaluation.
A denied recommendation may be resubmitted to the committee if new information arises on the
incident.
The recognition committee shall keep written records of all recommendations and findings. The
records shall be filed in the confidential files of the chairperson.
1013.4 PRESENTATION OF RECOGNITION AWARDS
402:51 Presentation
All Department awards shall be presented to recipients by the Chief as soon as possible and shall
be honored at the annual awards ceremony.
402:52 Written Narrative

The committee chairperson and designees shall be responsible for compiling a written narrative
to accompany each award describing the nature of the incident(s) for which the recognition is
being given.
402:53 Awards Ceremony

All award recipients in a calendar year shall be acknowledged by the Chief in a police awards
ceremony to be presented in conjunction with the Crime Prevention Program Awards Ceremony.
The police awards ceremony shall be held at least annually.
1013.5 DISPLAY OF AWARDS

When to Display Medals and Ribbons
Department
Medals shall only be used for the purpose of display and shall not be worn on the uniform.
Commendation bars shall be worn on the uniform on special occasions designated by the Chief,
such as ceremonies, funerals, and any others designated by the Chief of Police.
Display of Ribbon Bars

All commendation bars shall be displayed on the uniform commendation bar holder.
Commendation bars shall be displayed center over the right pocket with the name tag being
centered at the top of the right pocket.
Display of Ribbon Bars Optional

Officers on a daily basis may display a single commendation bar above the name tag over the
right pocket. It is at the officer’s discretion as to which bar will be displayed on a daily basis.
Officers to be Recognized
At the officer’s annual evaluation, the officer and officer’s supervisor shall complete the attached
checklist to determine if the officer qualifies for any additional recognition. Upon completion of the
checklist, the supervisor shall forward with the annual evaluation to the Divisional Commander for
review and submission to the Chief of Police or designee.
1013.6 COMMENDATION BARS

Commendation Bars
Medal of Honor –solid purple field

Medal of Valor –solid red field
Medal of Merit –solid green field
Merit of Achievement -solid yellow field
Outside Agency Commendation -TBD other agency (upon approval)
Purple Heart -white field / Purple Heart / 2 purple vertical bars
Emergency Operations -black field / 2 purple vertical bars
Field Training -blue field / red vertical center bar in by 2 white bars
Trainer / Instructor -half solid green / half solid yellow field
Special Assignment -half solid blue / half solid yellow field
Promotion (Detective/Sergeant/Commander/Chief) -solid blue field with 2 vertical white bars
Department
Years of Service -solid grey field with symbol to denote years

Military Service -solid blue field with a white star
Department
Fitness for Duty

All officers are required to be free from any physical, emotional, or mental condition that might
adversely affect the exercise of peace officer duties. The purpose of this policy is to ensure that
all officers of this department remain fit for duty and able to perform their job functions.
1014.2 EMPLOYEE RESPONSIBILITIES

(a) It shall be the responsibility of each member of this department to maintain good
physical condition sufficient to safely and properly perform essential duties of the
position.
(b) Each member of this department shall perform his/her respective duties without
physical, emotional, and/or mental constraints.
(c) During working hours, all employees are required to be alert, attentive, and capable
of performing assigned responsibilities.
(d) Any employee who feels unable to perform his/her duties shall promptly notify a
supervisor. In the event that an employee believes that another employee is unable
to perform his/her duties, such observations and/or belief shall be promptly reported
to a supervisor.

(a) A supervisor observing an employee or receiving a report of an employee who is
perceived to be unable to safely perform his/her duties due to a physical, medical, or
mental condition shall take prompt and appropriate action in an effort to resolve the
situation.
(b) Whenever feasible, the supervisor should attempt to ascertain the reason or source
of the problem, and in all cases a preliminary evaluation should be made to determine
the level of inability of the employee to perform his/her duties.
(c) In the event the employee appears to be in need of immediate medical or psychiatric
treatment, all reasonable efforts should be made to provide such care.
(d) In conjunction with the Sergeant or the employee's available Division Commander, a
determination should be made whether the employee should be temporarily relieved
from his/her duties.
(e) The Chief of Police shall be promptly notified in the event that any employee is relieved
from duty.
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Department
Fitness for Duty
1014.4 NON-WORK RELATED CONDITIONS

Any employee suffering from a non-work related condition that warrants a temporary relief from
duty may be required to use sick leave or other paid time off in order to obtain medical treatment
or other reasonable rest period.
1014.5 WORK RELATED CONDITIONS

Any employee suffering from a work-related condition that warrants a temporary relief from duty
shall be required to comply with personnel rules and guidelines for processing such claims.
Upon the recommendation of the Sergeant or unit supervisor and concurrence of a Division
Commander, any employee whose actions or use of force in an official capacity result in death
or serious injury to another may be temporarily removed from regularly assigned duties and/or
placed on paid administrative leave for the well-being of the employee and until such time as the
following may be completed:
(a) A preliminary determination that the employee's conduct appears to be in compliance
with policy and law.
(b) If appropriate, the employee has had the opportunity to receive necessary counseling
and/or psychological clearance to return to full duty.
1014.6 PHYSICAL AND PSYCHOLOGICAL EXAMINATIONS

(a) Whenever circumstances reasonably indicate that an employee is unfit for duty, the
Chief of Police may serve that employee with a written order to undergo a physical and/
or psychological examination in cooperation with the Department of Human Resources
to determine the level of the employee's fitness for duty. The order shall indicate the
date, time, and place for the examination.
(b) The examining physician or therapist will provide the Department with a report
indicating that the employee is either fit for duty or, if not, list any functional limitations
that limit the employee's ability to perform job duties. If the employee places his/her
condition at issue in any subsequent or related administrative action or grievance, the
examining physician or therapist may be required to disclose any and all information
that is relevant to such proceeding.
(c) To facilitate the examination of any employee, the Department will provide all
appropriate documents and available information to assist in the evaluation and/or
treatment.
(d) All reports and evaluations submitted by the treating physician or therapist shall be
part of the employee's private medical file.
(e) Any employee ordered to receive a fitness for duty examination shall comply with
the terms of the order and cooperate fully with the examining physician or therapist
regarding any clinical interview, tests administered, or other procedures as directed.
Department
Fitness for Duty
Any failure to comply with such an order and any failure to cooperate with the
examining physician or therapist may be deemed insubordination and may subject the
employee to discipline up to and including termination.
(f) Once an employee has been deemed fit for duty by the examining physician or
therapist, the employee will be notified to resume his/her duties.
(g) If an employee is deemed unfit for duty by the Department, the employee may submit
a report from the employee's personal physician, psychiatrist, psychologist, or other
health care provider that will be taken into consideration.
1014.7 LIMITATION ON HOURS WORKED

Absent emergency operations, members should not work more than:
• 16 hours in one day (24 hour) period or
• 28 hours in any two day (48 hour) period or
• 84 hours in any seven day (168 hour) period
Except in very limited circumstances members should have a minimum of eight hours off between
shifts. Supervisors should give consideration to reasonable rest periods and are authorized to
deny overtime or relieve to off-duty status any member who has exceeded the above guidelines.
Limitations on the number of hours worked apply to shift changes, shift trades, rotation, holdover,
training, special events, contract work, general overtime, and any other work assignments.
1014.8 APPEALS
An employee who is separated from paid employment or receives a reduction in salary resulting
from a fitness for duty examination shall be entitled to an administrative appeal as outlined in the
Conduct Policy.
Department
Meal Periods and Breaks

This policy regarding meals and breaks, insofar as reasonably possible shall conform to the policy
governing all City employees pursuant to Minn. Stat. § 177.253, Minn. Stat. § 177.254 and Minn.
R. § 5200.0120.
1015.1.1 MEAL PERIODS

Each employee who works for eight or more consecutive hours is entitled sufficient break time to
eat a meal (Minn. Stat. § 177.254). Licensed employees shall remain on-duty subject to call during
meal breaks. All other employees are not on call during meal breaks unless directed otherwise
by a supervisor.
Uniformed officers shall take their breaks within the City limits unless on assignment outside of
the City. No more than two patrol officers may be out on a meal period without authorization from
a supervisor.
The time spent for the meal period shall not exceed the authorized time allowed.
1015.1.2 10 MINUTE BREAKS

Each employee is allowed adequate time from work within each four consecutive hours of work
to utilize the nearest convenient restroom (Minn. Stat. § 177.253).
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Department
Lactation Break Policy

The purpose of this policy is to provide reasonable accommodations to employees desiring to
express breast milk for the employee's infant child.
1016.2 POLICY
It is the policy of this department to provide, in compliance with the Fair Labor Standards Act and
Minnesota law, reasonable break time and appropriate facilities to accommodate any employee
desiring to express breast milk for her nursing child, pursuant to Minn. Stat. § 181.939 and 29
USC § 207.
1016.3 LACTATION BREAK TIME

A rest period should be permitted each time the employee has the need to express breast milk (29
USC § 207). In general, lactation breaks that cumulatively total 30 minutes or less during any four-
hour work period or major portion of a four-hour work period would be considered reasonable.
However, individual circumstances may require more or less time.
Lactation breaks, if feasible, should be taken at the same time as the employee's regularly
scheduled rest or meal periods. While a reasonable effort will be made to provide additional time
beyond authorized breaks, any such time exceeding regularly scheduled and paid break time will
be unpaid.
Employees desiring to take a lactation break shall notify Dispatch or a supervisor prior to taking
such a break. Such breaks may be reasonably delayed if they would seriously disrupt Department
operations (Minn. Stat. § 181.939).
Once a lactation break has been approved, the break should not be interrupted except for
emergency or exigent circumstances.
1016.4 PRIVATE LOCATION

The Department will make reasonable efforts to accommodate employees with the use of an
appropriate room or other location to express milk in private (Minn. Stat. § 181.939). Such room or
place should be in close proximity to the employee's work area and shall be other than a bathroom
or toilet stall. The location must be shielded from view and free from intrusion from co-workers and
the public (29 USC § 207). The area assigned for this purpose should not be used for storage of
any devices, supplies, or expressed milk and should be returned to its original state after each use.
Employees occupying such private areas shall either secure the door or otherwise make it clear
to others that the area is occupied with a need for privacy. All other employees should avoid
interrupting an employee during an authorized break, except to announce an emergency or other
urgent circumstance.
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Department
Lactation Break Policy
Authorized lactation breaks for employees assigned to the field may be taken at the nearest
appropriate private area.
1016.5 STORAGE OF EXPRESSED MILK

Any employee storing expressed milk in any authorized refrigerated area within the Department
shall clearly label it as such and shall remove it when the employee ends her shift.
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Department
Payroll Records
This policy provides the guidelines for completing and submitting payroll records of department
members who are eligible for the payment of wages.
1017.2 POLICY
The Brooklyn Center Police Department maintains timely and accurate payroll records.
Members are responsible for the accurate completion and timely submission of their payroll
records for the payment of wages.
Supervisors are responsible for approving the payroll records for those under their commands.
1017.4 TIME REQUIREMENTS

Members who are eligible for the payment of wages are paid on a scheduled, periodic basis,
generally on the same day or date each period, with certain exceptions, such as holidays. Payroll
records shall be completed and submitted to Administration as established by the City payroll
procedures.
1017.5 RECORDS
The Department shall ensure that accurate and timely payroll records are maintained as required
by 29 CFR 516.2 for a minimum of three years (29 CFR 516.5).
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Department
Overtime Compensation Requests

It is the policy of the Department to compensate non-exempt employees who work authorized
overtime either by payment of wages as agreed and in effect through the collective bargaining
agreement or by the allowance of accrual of compensatory time off. In order to qualify for either
the employee must complete and submit a Request for Overtime Payment as soon as practicable
after overtime is worked.
1018.1.1 DEPARTMENT POLICY

Because of the nature of law enforcement work, and the specific needs of the Department, a
degree of flexibility concerning overtime policies must be maintained.
Non-exempt employees are not authorized to volunteer work time to the Department. All requests
to work overtime shall be approved in advance by a supervisor. If circumstances do not permit
prior approval, approval shall be sought as soon as practicable during the overtime shift and in no
case later than the end of shift in which the overtime is worked.
The individual employee may request compensatory time in lieu of receiving overtime payment.
The employee may not exceed the number of hours identified in the collective bargaining
agreement.
1018.2 REQUEST FOR OVERTIME COMPENSATION

Employees shall submit all overtime compensation requests to their immediate supervisors as
soon as practicable via Workforce Director.
Failure to submit a request for overtime compensation in a timely manner may result in discipline.
1018.2.1 EMPLOYEES' RESPONSIBILITY

Employees shall complete the requests immediately after working the overtime and submit them
in to the Workforce Director. Employees submitting overtime requests for on-call pay when off-
duty shall submit requests via Workforce Director the first day after returning to work.

The supervisor who verifies the overtime earned shall verify that the overtime was worked before
approving the request.
1018.2.3 DIVISION COMMANDER RESPONSIBILITIES

Division Commanders, after approving the pay period time records, will then forward the records
to payroll.
1018.3 ACCOUNTING FOR OVERTIME WORKED

Employees are to record the actual time worked in an overtime status. In some cases, the collective
bargaining agreement provides that a minimum number of hours will be paid.
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Department
Overtime Compensation Requests
1018.3.1 ACCOUNTING FOR PORTIONS OF AN HOUR

When accounting for less than a full hour, time worked shall be rounded up to the nearest six
minutes as indicated by the following chart:
TIME WORKED INDICATE ON CARD
6 minutes .1
12 minutes .2
18 minutes .3
24 minutes .4
30 minutes .5
1018.3.2 VARIATION IN TIME REPORTED

Where two or more employees are assigned to the same activity, case, or court trial and the
amount of time for which payment is requested varies from that reported by the other employee,
the approving supervisor may require each employee to include the reason for the variation on
the back of the overtime payment request.
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Department
Outside Employment
To avoid actual or perceived conflicts of interest for Department employees engaging in outside
employment, all employees shall initially obtain written approval from the Chief of Police prior to
engaging in any outside employment. Approval of outside employment shall be at the discretion
of the Chief of Police in accordance with the provisions of this policy.
Outside Employment - The employment of any member of this department who receives wages,
compensation, or other consideration of value from another employer, organization, or individual
not affiliated directly with this department for services, product(s), or benefits rendered. For
purposes of this section, the definition of outside employment includes those employees who are
self-employed and not affiliated directly with this department for services, product(s), or benefits
rendered.
Outside Overtime - Overtime involving any member of this department who performs duties
or services on behalf of an outside organization, company, or individual within this jurisdiction
on behalf of the Department. Such outside overtime shall be requested and scheduled directly
through this department so that the Department may be reimbursed for the cost of wages and
benefits.
1019.2 OBTAINING APPROVAL

No member of this department may engage in any outside employment without first obtaining
prior written approval of the Chief of Police. Failure to obtain prior written approval for outside
employment or engaging in outside employment prohibited by this policy is grounds for disciplinary
action.
To obtain approval for outside employment, the employee must complete an Outside Employment
Application that shall be submitted to the employee's immediate supervisor. The application
will then be forwarded through the appropriate chain of command to the Chief of Police for
consideration.
If approved, the employee will be provided with a copy of the approved permit. Unless otherwise
indicated in writing on the approved permit, a permit will be valid through the end of the calendar
year in which it is approved. Any employee seeking to continue outside employment shall submit
a new Outside Employment Application in a timely manner.
Any employee seeking approval of outside employment whose request has been denied shall be
provided with a written reason for the denial of the application at the time of the denial and within
30 days of the application.
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Department
Outside Employment
1019.2.1 APPEAL OF DENIAL OF OUTSIDE EMPLOYMENT

If an employee's Outside Employment Application is denied or rescinded by the Department, the
employee may file a written notice of appeal to the Chief of Police within 10 days of the date of
denial.
If the employee's appeal is denied, the employee may file a grievance pursuant to the procedure
set forth in the current collective bargaining agreement.
1019.2.2 REVOCATION/SUSPENSION OF OUTSIDE EMPLOYMENT PERMITS

Any outside employment permit may be revoked or suspended after the employee has received
written notification of the reasons for revocation or suspension. Revocation will be implemented
after the employee has exhausted the appeal process.
The outside employment may be revoked:
(a) If an employee's performance declines to a point where it is evaluated by a supervisor
as needing improvement to reach an overall level of minimum acceptable competency
and the outside employment may be related to the employee's performance. The
Chief of Police may, at his/her discretion, notify the employee of the intent to revoke
any previously approved outside employment permit(s). After the appeal process has
concluded, the revocation will remain in force until the employee's performance directly
related to the outside employment has been reestablished to the minimum level of
acceptable competency.
(b) If, at any time during the term of a valid outside employment permit, an employee's
conduct or outside employment conflicts with the provisions of Department policy or
any law.
(c) The outside employment creates an actual or apparent conflict of interest with the
Department or City.
1019.3 PROHIBITED OUTSIDE EMPLOYMENT

The Department expressly reserves the right to deny any Outside Employment Application
submitted by an employee seeking to engage in any activity that:
(a) Involves the employee's use of Department time, facilities, equipment or supplies,
the use of the Department badge, uniform, prestige, or influence for private gain or
advantage.
(b) Involves the employee's receipt or acceptance of any money or other consideration
from anyone other than this department for the performance of an act that the
employee, if not performing such act, would be required or expected to render in the
regular course or hours of employment or as a part of the employee's duties as a
member of this department.
Department
Outside Employment
(c) Involves the performance of an act in other than the employee's capacity as a member
of this department that may later be subject directly or indirectly to the control,
inspection, review, audit, or enforcement of any other employee of this department.
(d) Involves time demands that would render performance of the employee's duties for
this department below minimum standards or would render the employee unavailable
for reasonably anticipated overtime assignments and other job-related demands that
occur outside regular working hours.
1019.3.1 OUTSIDE SECURITY EMPLOYMENT

Due to the potential conflict of interest, no sworn member of this department may engage in any
outside or secondary employment as a private security guard, private investigator, or other similar
private security position.
Any private organization, entity, or individual seeking special services for security or traffic control
from members of this department must make such request to a divisional commander in advance
of the desired service. Such outside overtime will be monitored by the Patrol Commander.
(a) The applicant will be required to enter into a written indemnification agreement prior
to approval.
(b) The applicant will further be required to provide for the compensation and full benefits
of all employees requested for such outside security services.
(c) If such a request is approved, any employee working outside overtime shall be subject
to the following conditions:
1. The officer(s) shall wear the Department uniform/identification.
2. The officer(s) shall be subject to all the rules and regulations of this department.
3. No officer may engage in such outside employment during or at the site of a
strike, lockout, picket, or other physical demonstration of a labor dispute.
4. Compensation for such approved outside security services shall be pursuant to
normal overtime procedures.
5. Outside security services, outside employment, or outside overtime shall not be
subject to the collective bargaining process.
6. No officer may engage in outside employment as a peace officer for any other
public agency without prior written authorization of the Chief of Police.
1019.3.2 OUTSIDE OVERTIME ARREST AND REPORTING PROCEDURE

Any employee making an arrest or taking other official law enforcement action while working in
an approved outside overtime assignment shall be required to complete all related reports in a
timely manner pursuant to Department policy. Time spent on the completion of such reports shall
be considered incidental to the outside overtime assignment. Employees will be compensated for
all overtime worked.
Department
Outside Employment
1019.3.3 SPECIAL RESTRICTIONS

Except for emergency situations or with prior authorization from the Division Commander,
undercover officers or officers assigned to covert operations shall not be eligible to work overtime
or other assignments in a uniformed or other capacity that might reasonably disclose the officer's
law enforcement status.
1019.4 DEPARTMENT RESOURCES

Employees are prohibited from using any Department equipment or resources in the course of or
for the benefit of any outside employment. This shall include the prohibition of access to official
records or databases of this department or other agencies through the use of the employee's
position with this department.
1019.5 CHANGES IN OUTSIDE EMPLOYMENT STATUS

If an employee terminates his/her outside employment during the period of a valid permit, the
employee shall promptly submit written notification of such termination to the Chief of Police
through the appropriate chain of command. Any subsequent request for renewal or continued
outside employment must thereafter be processed and approved through normal procedures set
forth in this policy.
Employees shall also promptly submit in writing to the Chief of Police any material changes in
outside employment including any change in the number of hours, type of duties, or demands of
any approved outside employment. Employees who are uncertain whether a change in outside
employment is material shall report the change.
1019.6 OUTSIDE EMPLOYMENT WHILE ON DISABILITY OR ADMINISTRATIVE LEAVE

Department members engaged in outside employment who are placed on disability or
administrative leave or modified/light-duty shall inform their immediate supervisor in writing within
five days whether they intend to continue to engage in outside employment while on such leave
or light-duty status. The immediate supervisor shall review the duties of the outside employment
along with any work-related doctor's orders and make a recommendation to the Chief of Police
whether such outside employment should continue or be suspended or revoked.
In the event the Chief of Police determines that the outside employment should be discontinued
or if the employee fails to promptly notify his/her supervisor of his/her intentions regarding the
work permit, a notice of intent to revoke the employee's permit will be forwarded to the involved
employee and a copy attached to the original work permit. The revocation process outlined in this
policy shall be followed.
Criteria for revoking or suspending the outside employment permit while on disability status or
administrative leave include, but are not limited to, the following:
(a) The outside employment is medically detrimental to the total recovery of the disabled
employee, as indicated by the City's professional medical advisors.
Department
Outside Employment
(b) The outside employment performed requires the same or similar physical ability, as
would be required of an on-duty employee.
(c) The employee's failure to make timely notice of his/her intentions to their supervisor.
(d) The outside employment is not compatible with the reason the employee is on
administrative leave.
Department
On-Duty Injuries
The purpose of this policy is to provide for the reporting of on-duty injuries, occupational illnesses,
or deaths to the City Department of Human Resources to ensure proper medical attention is
received and document the circumstances of the incident.
Occupational disease – A mental impairment or physical disease arising out of and in the
course of employment peculiar to the occupation in which the member is engaged and due to
causes in excess of the hazards ordinary of employment. The term includes diagnosis of post-
traumatic stress disorder (PTSD) by a psychiatrist or psychologist; however, mental impairment
is not considered a disease if it results from a disciplinary action, work evaluation, job transfer,
layoff, demotion, promotion, termination, retirement or similar action taken in good faith by
the Department.
Personal injury – Any mental impairment or physical injury arising out of and in the course of
employment, including personal injury caused by occupational disease, while engaged in, on
or about the premises where the member’s services require the member’s presence as part of
that service at the time of the injury and during the hours of that service. Personal injury does
not include an injury caused by the act of a third person or fellow department member who
intended to injure the member because of personal reasons, and not directed against the member
as a member of the Brooklyn Center Police Department, or because of the employment with
the Brooklyn Center Police Department. Mental impairment is not considered a personal injury
if it results from a disciplinary action, work evaluation, job transfer, layoff, demotion, promotion,
termination, retirement or similar action taken in good faith by the Department.
1020.2 WORKERS' COMPENSATION FUND REPORTS
1020.2.1 INJURIES REQUIRING MEDICAL CARE

All work-related injuries, exposures to communicable disease, and work-related illnesses requiring
medical care must be documented and also reported to the Minnesota Department of Labor and
Industry (Minn. Stat. § 176.231 Subd. 1). A claim form shall be provided to the injured employee
within 24 hours from the time the injury was discovered, excluding weekends and holidays.
Records of work-related injuries and work-related illnesses shall be maintained as prescribed by
Minnesota law in the City workers' compensation file.
1020.2.2 EMPLOYEE'S RESPONSIBILITIES

An employee observing or learning of a potentially hazardous condition is to promptly report the
condition to his/her immediate supervisor.
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Department
On-Duty Injuries
An employee sustaining a work-related injury or illness that requires relief from

duty may be required to be examined and treated by a physician.
An employee sustaining a work-related injury or illness that requires relief from duty is also required
to comply with Department policies and directives relating to the duty to periodically call in during
absences in addition to the duty to notify the Department of any change in condition or anticipated
duration of the absence.
When appropriate, an employee being treated for an on-duty injury should inform the attending
physician that a modified-duty assignment may be available at the Department. Modified-duty may
be available for employees whose injuries prevent resumption of regular duties.
An injured employee or employee who has suffered a work-related illness shall report as soon
as practicable to his/her immediate supervisor the medical findings concerning the injury and
the extent and duration of any work restrictions if they are known. In addition, such employees
are required to promptly submit all medical releases, whether partial or full releases, to their
supervisor.

A supervisor learning of any work-related injury, illness, or accident should promptly complete
a Supervisor's Accident/Incident Report form and a First Report of Injury Form/ Incident/Injury/
Illness Data Form to be forwarded to the Minnesota Department of Labor and Industry through
the organization's Workman's Compensation service provider (Minn. Stat. § 176.231 Subd. 1):
(a) Within 48 hours after an occurrence that resulted in death or serious injury to an
employee.
(b) Within 10 days after an occurrence that wholly or partially incapacitated an employee
for more than three calendar days.
The supervisor shall provide the employee with a Workers' Compensation Information and Privacy
Statement Form at the same time the employee is given a copy of the First Report of Injury Form
(Minn. Stat. § 176.231, Subd. 2). The supervisor shall request that the employee review and sign
the statement. The supervisor shall then complete the Minnesota Agency Claims Investigation
Form.
Updated copies of forms with instructions for completion, provided by the Workers' Compensation
Coordinator, shall be kept in the Shift Sergeant's office.
For work-related accidents, injuries, or illness not requiring professional medical care, a
Supervisor's Report of Injury form shall be completed. The completed form shall be forwarded to
the supervisor's Division Commander through the chain of command.
When an accident, injury, or illness is reported initially on the Supervisor's Report of Injury Form
and the employee subsequently requires professional medical care, the State of Minnesota First
Report of Injury Form and the Agency Claims Investigation Form shall be completed. The injured
employee and supervisor shall sign the forms in the appropriate location.
Department
On-Duty Injuries
Copies of any reports documenting the accident or injury should be forwarded to the Division
Commander as soon as completed.
Any occupational injury, illness, or accident in which an employee is killed or more than three
employees are hospitalized shall be reported within eight hours to the Minnesota Department of
Labor and Industry (800-342-5354), or if after business hours to the federal Occupational Safety
and Health Administration (800-321-6742) pursuant to 29 CFR § 1904.
1020.2.4 DIVISION COMMANDER RESPONSIBILITIES

The Division Commander receiving a report of a work-related accident or injury should review the
report for accuracy and determine what additional action should be taken.
The Division Commander shall review and forward copies of the report to the Department
of Human Resources. Any copies of the report and any related documents retained by the
Department shall be filed in the employee's risk management file.
All medical documents are retained by Human Resources.
1020.2.5 CHIEF OF POLICE RESPONSIBILITIES
The Division Commander shall review and forward copies of the report to the Department
of Human Resources. Any copies of the report and any related documents retained by the
Department shall be filed in the employee's risk management file.
All medical documents are retained by Human Resources.
1020.3 SETTLEMENT OF INJURY CLAIMS

Occasionally, an employee's work-related injury results from the negligent or wrongful acts of
another, for which the employee, the City, and/or other insurers are entitled to recover civilly. To
ensure that the City's interests are protected and that the employee has the benefit of the City's
experience in these matters, the following procedure is to be followed.
1020.3.1 EMPLOYEE TO REPORT INITIAL CONTACTS

When an employee sustains work-related injuries caused by another person and is then
approached by such person or an agent, insurance company, or attorney and offered a settlement
of claims, that employee shall take no action other than to make a written report of this contact
to his/her supervisor as soon as practicable.
1020.3.2 NO SETTLEMENT WITHOUT PRIOR APPROVAL

No less than 10 days prior to accepting and finalizing the settlement of any third party claim arising
out of or related to an on-duty injury, the employee shall provide the Chief of Police with written
notice of the proposed terms of such settlement. In no case shall the employee accept a settlement
without first providing such written notice to the Chief of Police. The purpose of such notice is to
permit the City to determine whether the offered settlement will affect any claim the City may have
regarding payment for damage(s) to equipment or reimbursement for wages against the person
Department
On-Duty Injuries
who caused the accident or injury and to protect the City's right of subrogation while ensuring that
the employee's rights to receive compensation for injuries are not affected.
Department
Personal Appearance Standards

To project uniformity and neutrality toward the public and other members of the Department,
employees shall maintain their personal hygiene and appearance to project a professional image
appropriate for this department and for their assignment.
1021.2 GROOMING STANDARDS

Unless otherwise stated and because deviations from these standards could present officer health
safety issues, the following appearance standards shall apply to all employees, except those
whose current assignment would deem them not appropriate and where the Chief of Police has
granted exception.
1021.2.1 HAIR
Hairstyles of all members shall be neat in appearance. For male licensed members, hair must not
extend below the top edge of the uniform collar while assuming a normal stance.
For female licensed members, hair in a ponytail or braid must be no longer than the horizontal
level of the bottom of the uniform patch when the employee is standing erect. Other hair styles
must appear professional with hair length no longer than the bottom of the collar when in Class A
or B uniform. No hair styles may interfere with job performance.
1021.2.2 FACIAL HAIR

Male officers shall be permitted to maintain the following styles of facial hair:
Mustache
A short and neatly trimmed mustache may be worn. Mustaches shall not extend below the corners
of the mouth or beyond the natural hairline of the upper lip.
Sideburns
Sideburns shall not extend below the bottom of the outer ear opening (the top of the earlobes)
and shall be trimmed and neat.
Goatee
A goatee shall be worn with a mustache. The cheeks, jaw line and neck shall be clean shaven.
Beard
Any officer maintaining a beard shall do so while maintaining a mustache. The beard shall cover
the complete jaw line. Cheeks shall be clean shaven above the cheekbone. The neck shall be
clean shaven on and below the Adam's Apple.
The following styles of facial hair shall not be permitted:
(a) Beards of uneven and patchy growth.
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(b) Beards that take excessive time to grow must be shaven if still patchy after one week.
All facial hair shall conform to the following restrictions:

(a) Beard growth shall not exceed 1/2 inch from the skin of the face.
(b) No portion of the beard shall be exceptionally longer than the rest.
(c) Facial hair must be neatly trimmed at all times.
(d) Officers shall not claim a constant state of facial hair growth to avoid shaving.
(e) No designs may be shaved into the facial hair.
Officers shall not maintain facial hair other than a mustache while in a Class "A" Uniform. The Chief
of Police or his/her designee reserves the right to prohibit facial hair regulations during special
events or other uniformed details of their choosing.
Supervisors retain final approval on whether facial hair is acceptable in appearance and in
conformance with this policy.
1021.2.3 FINGERNAILS
Fingernails extending beyond the tip of the finger can pose a safety hazard to officers or others.
For this reason, fingernails shall be trimmed so that no point of the nail extends beyond the tip
of the finger.
1021.2.4 JEWELRY AND ACCESSORIES

No jewelry or personal ornaments shall be worn by officers on any part of the uniform or equipment,
except those authorized within this manual. Jewelry, if worn around the neck, shall not be visible
above the shirt collar.
Female licensed members are permitted to wear only professional appearing stud earrings.Only
one ring may be worn on each hand of the employee while on-duty.
1021.3 TATTOOS
Employees, while on-duty or representing the Department in an official capacity may have tattoos
or other body art be visible so long as the tattoos or body art are not deemed to be offensive.
Examples of offensive tattoos would include, but not be limited to, those that depict racial, sexual,
discriminatory, gang related or obscene language
1021.4 BODY PIERCING OR ALTERATION

Body piercing or alteration to any area of the body that is visible in any authorized uniform or attire
and is a deviation from normal anatomical features and that is not medically required is prohibited.
Such body alteration includes, but is not limited to:
(a) Tongue splitting or piercing.
Department
(b) The complete or transdermal implantation of any material other than hair replacement
or breast augmentation.
(c) Abnormal shaping of the ears, eyes, nose, or teeth.
Department
Uniform Regulations
The uniform policy of the Brooklyn Center Police Department is established to ensure that
uniformed officers, special assignment personnel and non- licensed employees will be readily
identifiable to the public through the proper use and wearing of department uniforms. Employees
should also refer to the following associated policies:
• Firearms
• Department Owned and Personal Property
• Body Armor
• Personal Appearance Standards
The uniform and equipment specifications manual is maintained and periodically updated by the
Chief of Police or the authorized designee. The manual, and associated procedures, should be
consulted regarding authorized equipment and uniform specifications.
The Brooklyn Center Police Department will provide uniforms for all employees who are required
to wear them in the manner, quantity and frequency agreed upon in the respective employee
group’s collective bargaining agreement. The uniforms for officers of this department shall be a
consistent color pursuant to Minn. Stat. § 626.88 Subd. 2.
1022.2 WEARING AND CONDITION OF UNIFORM AND EQUIPMENT

Police employees wear the uniform to be identified as the law enforcement authority in society.
The uniform also serves an equally important purpose, which is to identify the wearer as a source
of assistance in an emergency, crisis or other time of need.
(a) Uniform and equipment shall be maintained in a serviceable condition and shall
be ready at all times for immediate use. Uniforms shall be neat, clean and appear
professionally pressed.
(b) All peace officers of this department shall possess and maintain at all times, a
serviceable uniform and the necessary equipment to perform uniformed field duty.
(c) Personnel shall wear only the uniform specified for their rank and assignment.
(d) The uniform is to be worn in compliance with the specifications set forth in the
Department’s uniform specifications and procedures which are maintained separately
from this policy.
(e) All supervisors will perform periodic inspections of their personnel to ensure
conformance to these regulations.
(f) Civilian attire shall not be worn in combination with any distinguishable part of the
uniform.
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Uniform Regulations
(g) Uniforms are only to be worn while on-duty, while in transit to or from work, for court
or at other official Department functions or events.
(h) If the uniform is worn while in transit while driving a personal vehicle an outer garment
shall be worn over the uniform shirt so as not to bring attention to the employee while
off-duty.
(i) Employees are not to purchase or drink alcoholic beverages while wearing any part
of the Department uniform, including the uniform pants.
(j) Mirrored sunglasses will not be worn with any Department uniform
(k) Visible jewelry, other than those items listed below, shall not be worn with the uniform-
unless specifically authorized by the Chief of Police or designee.
1. Wrist watch.
2. Wedding ring(s), class ring or other ring of tasteful design. A maximum of one
ring/set may be worn on each hand.
3. Medical alert bracelet.
1022.2.1 DEPARTMENTOFFICE ISSUED IDENTIFICATION

The Department issues each employee an official Department identification card bearing the
employee’s name, identifying information and photo likeness. All employees shall be in possession
of their Department-issued identification card at all times while on-duty or when carrying a
concealed weapon.
(a) Whenever on-duty or acting in an official capacity representing the Department,
employees shall display their Department issued identification in a courteous manner
to any person upon request and as soon as practicable.
(b) Officers working specialized assignments may be excused from the possession and
display requirements when directed by their Division Commander.
1022.3 UNIFORM CLASSES
1022.3.1 CLASS A UNIFORM

The Class A uniform is to be worn on special occasions such as funerals, graduations, promotions,
ceremonies, or as directed. The Class A uniform is required for all licensed personnel. The Class
A uniform includes the standard issue uniform with:
(a) Long sleeve shirt with tie.
(b) Polished shoes.
(c) Standard dress pant (no cargo or 6-pocket pants).
The campaign hat may be worn for events held outdoors. Boots with pointed toes are not permitted.
Department
Uniform Regulations
1022.3.2 CLASS B UNIFORM

All officers will possess and maintain a serviceable Class B uniform at all times.
The Class B uniform will consist of the same garments and equipment as the Class A uniform
with the following exceptions:
(a) The long or short sleeve shirt may be worn with the collar open. No tie is required.
(b) A white, navy blue or black crew neck t-shirt must be worn with the uniform.
(c) All shirt buttons must remain buttoned except for the last button at the neck.
(d) Polished shoes.
(e) Approved all black unpolished shoes may be worn.
(f) Boots with pointed toes are not permitted.
1022.3.3 CLASS C UNIFORM

The Class C uniform may be established to allow field personnel cooler clothing during the summer
months or for special duty assignments. The Chief of Police will establish the regulations and
conditions for wearing the Class C Uniform and the specifications for the Class C Uniform.
1022.3.4 SPECIALIZED UNIT UNIFORMS

The Chief of Police may authorize special uniforms to be worn by officers in specialized units such
as EOU, Bicycle Patrol, SCU, and other specialized assignments.
1022.3.5 FOUL WEATHER GEAR

The Uniform and Equipment Specifications lists the authorized uniform jacket and rain gear.
1022.4 INSIGNIA AND PATCHES

(a) Shoulder patches - The authorized shoulder patch supplied by the Department shall
be machine stitched to the sleeves of all uniform shirts and jackets, three-quarters of
an inch below the shoulder seam of the shirt, and be bisected by the crease in the
sleeve.
(b) Service stripes and stars - Service stripes and other indicators for length of service
may be worn on long sleeved shirts and jackets. They are to be machine stitched onto
the uniform. The bottom of the service stripe shall be sewn the width of one and one-
half inches above the cuff seam with the rear of the service stripes sewn on the dress
of the sleeve. The stripes are to be worn on the left sleeve only.
(c) The regulation nameplate, or an authorized sewn-on cloth nameplate, shall be worn at
all times while in uniform. The nameplate shall display the employee's first initial and
last name. The nameplate shall be worn and placed above the right pocket located in
the middle, bisected by the pressed shirt seam, with equal distance from both sides
of the nameplate to the outer edge of the pocket.
Department
Uniform Regulations
(d) When a jacket is worn, the nameplate or an authorized sewn on cloth nameplate shall
be affixed to the jacket in the same manner as the uniform.
(e) Assignment Insignias - Assignment insignias, (e.g., EOU, FTO or similar) may be worn
as designated by the Chief of Police.
(f) Badge - The Department-issued badge, or an authorized sewn-on cloth replica, must
be worn and be visible at all times while in uniform. Licensed non-uniform personnel
will wear or carry their badge in a manner that it is in reasonable proximity to their
firearm and able to be displayed whenever appropriate.
(g) Rank insignia - The designated insignia indicating the employee's rank must be worn
at all times while in uniform. The Chief of Police may authorize exceptions.
1022.4.1 MOURNING BADGE

Uniformed employees may wear a black mourning band across the uniform badge whenever a law
enforcement officer is killed in the line of duty. The following mourning periods will be observed:
(a) An officer of this department - From the time of death until midnight on the 14th day
after the death.
(b) An officer from this state - From the time of death until midnight on the day of the
funeral.
(c) Funeral attendee - While attending the funeral of a fallen officer.
(d) National Peace Officers Memorial Day (May 15) - From midnight through the following
midnight.
(e) As directed by the Chief of Police or designee.
1022.5 CIVILIAN ATTIRE

There are assignments within the Department that do not require the wearing of a uniform because
recognition and authority are not essential to their function. There are also assignments in which
wearing civilian attire is necessary.
(a) All employees shall wear clothing that fits properly, is clean and free of stains and not
damaged or excessively worn.
(b) All male administrative, investigative and support personnel who elect to wear civilian
clothing to work shall wear button style shirts with a collar, slacks or suits that are
moderate in style.
(c) All female administrative, investigative and support personnel who elect to wear
civilian clothes to work shall wear dresses, slacks, shirts, blouses or suits that are
moderate in style.
(d) The following items shall not be worn on-duty:
1. T-shirt alone.
Department
Uniform Regulations
2. Open-toed sandals or thongs.

3. Swimsuit, tube tops or halter tops.
4. Spandex type pants or see-through clothing.
5. Distasteful printed slogans, buttons or pins.
6. Denim pants of any color.
7. Shorts.
8. Sweat shirts, sweat pants or similar exercise clothing.
(e) Variations from this order are allowed at the discretion of the Chief of Police or
designee when the employee's assignment or current task is not conducive to wearing
such clothing.
(f) No item of civilian attire may be worn on-duty that would adversely affect the reputation
of the Brooklyn Center Police Department or the morale of the employees.
(g) Licensed employees carrying firearms while wearing civilian attire should wear
clothing that effectively conceals the firearm when outside a controlled law
enforcement facility or work area.
1022.6 POLITICAL ACTIVITIES, ENDORSEMENTS, ADVERTISEMENTS OR OTHER

APPEARANCES IN UNIFORM
Unless specifically authorized by the Chief of Police, Brooklyn Center Police Department
employees may not wear any part of the uniform, be photographed wearing any part of the
uniform, utilize a badge, patch or other official insignia of the Department, or cause to be posted,
published or displayed, the image of another employee, or identify him/herself as an employee of
the Brooklyn Center Police Department to do any of the following:
(a) Endorse, support, oppose or contradict any political campaign or initiative.
(b) Endorse, support, oppose or contradict any social issue, cause or religion.
(c) Endorse, support or oppose, any product, service, company or other commercial
entity.
(d) Appear in any commercial, social or nonprofit publication, or any motion picture, film,
video, public broadcast, photo, any website or any other visual depiction.
1022.7 OPTIONAL EQUIPMENT - MAINTENANCE AND REPLACEMENT

(a) Any of the items listed in the Uniform and Equipment Specifications as optional shall
be purchased at the expense of the employee.
(b) Maintenance of optional items shall be the financial responsibility of the purchasing
employee (e.g., repairs due to normal wear and tear).
Department
Uniform Regulations
(c) Replacement of items listed in this order as optional shall be done as follows:
1. When the item is no longer functional because of normal wear and tear, the
employee bears the full cost of replacement.
2. When the item is no longer functional because of damage in the course of
the employee's duties, it may be replaced following the procedures for the
replacement of damaged personal property in the Department-Owned and
Personal Property Policy.
1022.8 UNAUTHORIZED UNIFORMS, EQUIPMENT AND ACCESSORIES

Brooklyn Center Police Department employees may not wear any uniform item, accessory or
attachment unless specifically authorized in the Uniform and Equipment Specifications or by the
Chief of Police or designee.
Brooklyn Center Police Department employees may not use or carry any tool or other piece of
equipment unless specifically authorized in the Uniform and Equipment Specifications or by the
Chief of Police or designee.
Department
Police Explorers
Explorers work under direct supervision and perform a variety of routine and progressively
advanced tasks in an apprenticeship program in preparation for a career in law enforcement.
1023.2 EDUCATION REQUIREMENTS

Explorers are required to maintain a minimum grade point average of 2.0 (“C” grade) for all courses
taken. High school age students shall continue to be enrolled in high school and maintain at least
a 2.0 grade point average.
1023.3 EXPLORER POST COORDINATOR

A Sergeant will serve as the Program Coordinator. The Program Coordinator will
be responsible for tracking the educational and job performance of explorers, as
well as making their individual assignments throughout the Department. The Program
Coordinator will also monitor the training provided for all cadets and explorers and
review all decisions affecting job assignments, school attendance, and performance
evaluations. The tasks may be assigned to the Explorer post advisors.
1023.3.1 EXPLORER POST ADVISORS

The Program Coordinator may select individual officers to serve as advisors for the Explorer
Program. These officers will serve as mentors for each explorer. Explorers will bring special
requests, concerns, and suggestions to their post advisor for advice or direction before contacting
the post coordinator. One advisor may be designated as the coordinator's assistant to lead
scheduled meetings and training sessions involving the explorers. Multiple explorers may be
assigned to each post advisor. Postadvisors are not intended to circumvent the established chain
of command. Any issues that may be a concern of the individual's supervisor should be referred
back to the post coordinator.
1023.4 ORIENTATION AND TRAINING

Newly appointed explorers will receive an orientation of the organization and facilities
before reporting to their first assignment. Training will be conducted in compliance with the
Explorer Training Manual. Training sessions will be scheduled as needed to train explorers
for competition, special events, and other duties. All training will focus on improving performance.
These meetings will also offer an opportunity to receive continuous feedback regarding progress
of the program.
1023.5 EXPLORER UNIFORMS

Each explorer will be provided a uniform meeting the specifications described in the Uniform
Manual for non-sworn employees.
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Police Explorers
1023.6 ASSIGNMENTS
In general, senior explorers will be assigned to positions requiring more technical skill
or responsibility, including training newly appointed explorers or other explorers for new
assignments.
1023.7 RIDE-ALONG PROCEDURES

All explorers are authorized to participate in the Ride-Along Program, provided Ride-Along
standards are met, on their own time and as approved by their immediate supervisor and the
appropriate Sergeant. Applicable waivers must be signed in advance of the ride-along. Explorers
shall wear their uniform while participating in a ride--along.
1023.8 PERFORMANCE EVALUATIONS

Explorers will be continually evaluated by the Explorer Post Advisors and Coordinator. Any
deficient performance will be addressed as soon as practical, including dismissal from the Explorer
Post.
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Department
Nepotism and Conflicting Relationships

The purpose of this policy is to ensure equal opportunity and effective employment practices by
avoiding actual or perceived favoritism, discrimination, or actual or potential conflicts of interest by
or between members of this department. These employment practices include: recruiting, testing,
hiring, compensation, assignment, use of facilities, access to training opportunities, supervision,
performance appraisal, discipline, and workplace safety and security.
Business relationship - Serving as an employee, independent contractor, compensated
consultant, owner, board member, shareholder, or investor in an outside business, company,
partnership, corporation, venture, or other transaction where the Department employee's annual
interest, compensation, investment, or obligation is greater than $250.
Conflict of interest - Any actual, perceived, or potential conflict of interest in which it reasonably
appears that a Department employee's action, inaction, or decisions are or may be influenced by
the employee's personal or business relationship.
Nepotism - The practice of showing favoritism to relatives in appointment, employment,
promotion, or advancement by any public official in a position to influence these personnel
decisions.
Personal relationship - Includes marriage, cohabitation, dating, or any other intimate relationship
beyond mere friendship.
Public official - A supervisor, officer, or employee vested with authority by law, rule, or regulation,
or to whom authority has been delegated.
Relative - An employee's parent, stepparent, spouse, domestic partner, significant other, child
(natural, adopted, or step), sibling, or grandparent.
Subordinate - An employee who is subject to the temporary or ongoing direct or indirect authority
of a supervisor.
Supervisor - An employee who has temporary or ongoing direct or indirect authority over the
actions, decisions, evaluation, and/or performance of a subordinate employee.
1024.2 RESTRICTED DUTIES AND ASSIGNMENTS

The Department will not prohibit all personal or business relationships between employees.
However, in order to avoid nepotism or other inappropriate conflicts, the following restrictions
apply:
(a) Employees are prohibited from directly supervising, occupying a position in the line of
supervision, or being directly supervised by any other employee who is a relative or
with whom they are involved in a personal or business relationship.
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1. If circumstances require that such a supervisor/subordinate relationship exist

temporarily, the supervisor shall make every reasonable effort to defer matters
pertaining to the involved employee to an uninvolved supervisor.
2. When personnel and circumstances permit, the Department will attempt to
make every reasonable effort to avoid placing employees in such supervisor/
subordinate situations. The Department reserves the right to transfer or reassign
any employee to another position within the same classification in order to avoid
conflicts with any provision of this policy.
(b) Employees are prohibited from participating in, contributing to, or recommending
promotions, assignments, performance evaluations, transfers, or other personnel
decisions affecting an employee who is a relative or with whom they are involved in
a personal or business relationship.
(c) Whenever reasonably possible Field Training Officers (FTOs) and other trainers will
not be assigned to train relatives. FTOs and other trainers are prohibited from entering
into or maintaining personal or business relationships with any employee they are
assigned to train until such time as the training has been successfully completed and
the employee is off probation.
(d) To avoid actual or perceived conflicts of interest, members of this department shall
refrain from developing or maintaining personal or financial relationships with victims,
witnesses, or other individuals during the course of, or as a direct result of, any official
contact.
(e) Except as required in the performance of official duties or in the case of immediate
relatives, employees shall not develop or maintain personal or financial relationships
with any individual they know or reasonably should know is under criminal
investigation, is a convicted felon, parolee, fugitive, or registered predatory offender
or who engages in intentional violations of state or federal laws.
1024.2.1 EMPLOYEE RESPONSIBILITY

Prior to entering into any personal or business relationship or other circumstance that the
employee knows or reasonably should know could create a conflict of interest or other violation
of this policy, the employee shall promptly notify his/her uninvolved, next highest supervisor.
Whenever any employee is placed in circumstances that would require the employee to take
enforcement action or provide other official information or services to any relative or other
individual with whom the employee is involved in a personal or business relationship, the employee
shall promptly notify his/her uninvolved immediate supervisor. In the event that no uninvolved
supervisor is immediately available, the employee shall promptly notify Dispatch to have another
uninvolved employee either relieve the involved employee or minimally remain present to witness
the action.
Department
1024.2.2 SUPERVISOR'S RESPONSIBILITY

Upon being notified of or otherwise becoming aware of any circumstance that could result in or
constitute an actual or potential violation of this policy, a supervisor shall take all reasonable steps
to promptly mitigate or avoid such violations whenever reasonably possible. Supervisors shall
also promptly notify the Chief of Police of such actual or potential violations through the chain of
command.
Department
Department Badges
The Brooklyn Center Police Department badge and uniform patch as well as the likeness of these
items and the name of the Brooklyn Center Police Department are property of the Department
and their use shall be restricted as set forth in this policy.
1025.2 POLICY
The uniform badge shall be issued to Department members as a symbol of authority. The use
and display of Department badges shall be in strict compliance with this policy. Only authorized
badges issued by this department shall be displayed, carried, or worn by members while on-duty
or otherwise acting in an official or authorized capacity.
1025.2.1 FLAT BADGE

Licensed officersshall be issued a flat badge. The use of the flat badge is subject to all the same
provisions of Department policy as the uniform badge.
(a) Should the flat badge become lost, damaged, or otherwise removed from the officer's
control, he/she shall make the proper notifications as outlined in the Department-
Owned and Personal Property Policy.
(b) An honorably retired officer may keep his/her flat badge upon retirement.
(c) The purchase, carrying, or display of a flat badge is not authorized for non-licensed
personnel.
1025.2.2 CIVILIAN PERSONNEL

Department identification cards issued to non- licensed personnel shall be clearly marked to reflect
the position of the assigned employee (e.g. CSO's, Records staff).
(a) Non-licensed personnel shall not display any ID card except as a part of his/her uniform
and while on-duty or otherwise acting in an official and authorized capacity.
(b) Non-licensed personnel shall not display any ID card or represent him/herself, on- or
off-duty, in such a manner which would cause a reasonable person to believe that he/
she is a licensed officer.
1025.2.3 RETIREE UNIFORM BADGE

Upon honorable retirement, employees shall receive their assigned duty badge for display
purposes. It is intended that the duty badge be used only as private memorabilia, as other uses
of the badge may be unlawful or in violation of this policy.
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Department
Department Badges
1025.3 UNAUTHORIZED USE

Except as required for on-duty use by current employees, no badge designed for carry or display in
a wallet, badge case, or similar holder shall be issued to anyone other than a current or honorably
retired peace officer.
Department badges are issued to all licensed employees and non-sworn uniformed employees for
official use only. The Department badge, shoulder patch or the likeness thereof, or the Department
name shall not be used for personal or private reasons including, but not limited to, letters,
memoranda and electronic communications, such as electronic mail or websites and web pages.
The use of the badge, uniform patch, and Department name for all material (e.g., printed matter,
products or other items) developed for Department use shall be subject to approval by the Chief
of Police.
Employees shall not loan the badge or identification card to others and shall not permit the badge
or identification card to be reproduced or duplicated.
1025.4 PERMITTED USE BY EMPLOYEE GROUPS

The likeness of the Department badge shall not be used without the express authorization of the
Chief of Police and shall be subject to the following:
(a) The employee associations may use the likeness of the Department badge for
merchandise and official association business provided it is used in a clear
representation of the association and not the Brooklyn Center Police Department. The
following modifications shall be included:
1. The text on the upper and lower ribbons is replaced with the name of the
employee association.
2. The badge number portion displays the acronym of the employee association.
(b) The likeness of the Department badge for endorsement of political candidates shall
not be used without the express approval of the Chief of Police.
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Department
Modified-Duty Assignments
This policy establishes procedures for providing temporary modified-duty assignments. This policy
is not intended to affect the rights or benefits of employees under federal or state law, City rules,
or current memorandums of understanding or collective bargaining agreements. For example,
nothing in this policy affects the obligation of the Department to engage in a good faith, interactive
process to consider reasonable accommodations for any employee with a temporary or permanent
disability that is protected under federal or state law.
1026.2 POLICY
Subject to operational considerations, the Brooklyn Center Police Department may identify
temporary modified-duty assignments for employees who have an injury or medical condition
resulting in temporary work limitations or restrictions. A temporary assignment allows the
employee to work while providing the Department with a productive employee during the
temporary period.

Priority consideration for temporary modified-duty assignments will be given to employees with
work-related injuries or illnesses that are temporary in nature. Employees having disabilities
covered under the Americans with Disabilities Act (ADA) or the Minnesota Human Rights Act
(Minn. Stat. § 363A.01 et seq.) shall be treated equally without regard to any preference for a
work-related injury.
No position in the Brooklyn Center Police Department shall be created or maintained as a
temporary modified-duty assignment.
Temporary modified-duty assignments are a management prerogative and not an employee
right. The availability of temporary modified-duty assignments will be determined on a case-by-
case basis consistent with the operational needs of the Department. Temporary modified-duty
assignments are subject to continuous reassessment, with consideration given to operational
needs and the employee's ability to perform in a modified-duty assignment.
The Chief of Police or the authorized designee may restrict employees working in temporary
modified-duty assignments from wearing a uniform, displaying a badge, carrying a firearm,
operating an emergency vehicle, engaging in outside employment, or being otherwise limited in
employing their peace officer powers.
Temporary modified-duty assignments shall generally not exceed a cumulative total of 1,040 hours
in any one-year period.
1026.4 PROCEDURE
Employees may request a temporary modified-duty assignment for short-term injuries or illnesses.
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Department
Employees seeking a temporary modified-duty assignment should submit a written request to their
Division Commanders or the authorized designees. The request should, as applicable, include a
certification from the treating medical professional containing:
(a) An assessment of the nature and probable duration of the illness or injury.
(b) The prognosis for recovery.
(c) The nature and scope of limitations and/or work restrictions.
(d) A statement regarding any required workplace accommodations, mobility aids, or
medical devices.
(e) A statement that the employee can safely perform the duties of the temporary
modified-duty assignment.
The Division Commander will make a recommendation through the chain of command to the
Chief of Police regarding temporary modified-duty assignments that may be available based on
the needs of the Department and the limitations of the employee. The Chief of Police or the
authorized designee shall confer with the Department of Human Resources or the City Attorney
as appropriate, with final approval of the City Manager.
Written notification of assignments, work schedules, and any restrictions should be provided
to employees assigned to temporary modified-duty assignments and their supervisors. Those
assignments and schedules may be adjusted to accommodate department operations and the
employee's medical appointments, as mutually agreed upon with the Division Commander.
1026.5.1 EMPLOYEE RESPONSIBILITIES

The responsibilities of employees assigned to temporary modified-duty shall include, but not be
limited to:
(a) Communicating and coordinating any required medical and physical therapy
appointments in advance with their supervisors.
(b) Promptly notifying their supervisors of any change in restrictions or limitations after
each appointment with their treating medical professionals.
(c) Communicating a status update to their supervisors no less than once every 30 days
while assigned to temporary modified-duty.
(d) Submitting a written status report to the Division Commander that contains a status
update and anticipated date of return to full-duty when a temporary modified-duty
assignment extends beyond 60 days.
Department

The employee's immediate supervisor shall monitor and manage the work schedule of those
assigned to temporary modified-duty.
The responsibilities of supervisors shall include, but not be limited to:
(a) Periodically apprising the Division Commander of the status and performance of
employees assigned to temporary modified-duty.
(b) Notifying the Division Commander and ensuring that the required documentation
facilitating a return to full-duty is received from the employee.
(c) Ensuring that employees returning to full-duty have completed any required training
and certification.

Prior to returning to full-duty status, employees shall be required to provide certification from their
treating medical professionals stating that they are medically cleared to perform the essential
functions of their jobs without restrictions or limitations.
The Department may require a fitness for duty examination prior to returning an employee to full-
duty status, in accordance with the Fitness for Duty Policy.
1026.7 PREGNANCY
If an employee is temporarily unable to perform regular duties due to a pregnancy, childbirth, or a
related medical condition, the employee will be treated the same as any other temporarily disabled
employee (42 USC § 2000e(k)). A pregnant employee shall not be involuntarily transferred to a
temporary modified-duty assignment.
1026.7.1 NOTIFICATION
Pregnant employees should notify their immediate supervisors as soon as practicable and provide
a statement from their medical providers identifying any pregnancy-related job restrictions or
limitations. If at any point during the pregnancy it becomes necessary for the employee to take a
leave of absence, such leave shall be granted in accordance with the City's personnel rules and
regulations regarding family and medical care leave.
1026.8 PROBATIONARY EMPLOYEES

Probationary employees who are assigned to a temporary modified-duty assignment shall have
their probation extended by a period of time equal to their assignment to temporary modified duty.
1026.9 MAINTENANCE OF CERTIFICATION AND TRAINING

Employees assigned to temporary modified-duty shall maintain all certification, training, and
qualifications appropriate to both their regular and temporary duties provided that the certification,
training, or qualifications are not in conflict with any medical limitations or restrictions. Employees
Department
who are assigned to temporary modified-duty shall inform their supervisors of any inability to
maintain any certification, training, or qualifications.
Department
Employee Speech, Expression and Social

Networking
This policy is intended to address issues associated with employee use of social networking sites
and to provide guidelines for the regulation and balance of employee speech and expression with
the needs of the Department.
Nothing in this policy is intended to prohibit or infringe upon any communication, speech or
expression that is protected or privileged under law. This includes speech and expression
protected under state or federal constitutions as well as labor or other applicable laws. For example
this policy does not limit an employee from speaking as a private citizen, including acting as an
authorized member of a recognized bargaining unit or officer associations, about matters of public
concern such as misconduct or corruption.
Employees are encouraged to consult with their supervisor regarding any questions arising from
the application or potential application of this policy.
1027.1.1 APPLICABILITY
This policy applies to all forms of communication including but not limited to film, video, print
media, public or private speech, use of all Internet services, including the World Wide Web, e-
mail, file transfer, remote computer access, news services, social networking, social media, instant
messaging, blogs, forums, wikis, video and other file sharing sites.
1027.2 POLICY
Because public employees occupy a trusted position in the community their statements have the
potential to contravene the policies and performance of this department. Due to the nature of the
work and influence associated with the law enforcement profession it is necessary that employees
of this department be subject to certain reasonable limitations on their speech and expression.
To achieve its mission and efficiently provide service to the public the Brooklyn Center Police
Department will carefully balance the individual employee’s rights against the organization’s needs
and interests when exercising a reasonable degree of control over its employees’ speech and
expression.
1027.3 SAFETY
Employees should carefully consider the implications of their speech or any other form of
expression when using the Internet. Speech and expression that may negatively affect the safety
of Brooklyn Center Police Department employees such as posting personal information in a public
forum can result in compromising an employee’s home address or family ties. Employees should
therefore not disseminate or post any information on any forum or medium that could reasonably
be expected to compromise the safety of any employee, employee's family or associates or
persons that this agency has had professional contact with such as crime victims or staff of
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Employee Speech, Expression and Social Networking
other organizations. Examples of the type of information that could reasonably be expected to
compromise safety include:
• Disclosing a photograph and name or address of an employee.
• Disclosing the address, telephone number or email address of an employee.
• Otherwise disclosing where another employee can be located off-duty.
1027.4 PROHIBITED SPEECH, EXPRESSION AND CONDUCT

To meet the organization’s safety, performance and public-trust needs the following are prohibited
unless the speech is otherwise protected (for example an employee speaking as a private citizen,
including acting as an authorized member of a recognized bargaining unit or officer associations,
on a matter of public concern):
(a) Speech or expression made pursuant to an official duty that tends to compromise or
damage the mission, function, reputation or professionalism of the Brooklyn Center
Police Department or its employees.
(b) Speech or expression that, while not made pursuant to an official duty, is significantly
linked to or related to the Brooklyn Center Police Department and tends to compromise
or damage the mission, function, reputation or professionalism of the Brooklyn Center
Police Department or its employees. Examples may include:
1. Statements that indicate disregard for the law or the state or U.S. Constitution.
2. Expression that demonstrates support for criminal activity.
3. Participating in sexually explicit photographs or videos for compensation or
distribution.
(c) Speech or expression that could reasonably be foreseen as having a negative impact
on the credibility of the employee as a witness. For example posting statements or
expressions to a website that glorify or endorse dishonesty or illegal behavior.
(d) Speech or expression of any form that could reasonably be foreseen as having a
negative impact on the safety of the employees of the Department. For example
a statement on a blog that provides specific details as to how and when prisoner
transportations are made could reasonably be foreseen to jeopardize employees by
informing criminals of details that could facilitate an escape or attempted escape.
(e) Speech or expression that is contrary to the canons of the Law Enforcement Code of
Ethics as adopted by the Brooklyn Center Police Department.
(f) Use or disclosure, through whatever means, of any not public data, photograph,
video or other recording obtained or accessible as a result of employment with the
Department for financial or personal gain or data classified as not public by state or
federal law or any disclosure of such materials without the express authorization of
the Chief of Police or the authorized designee.
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Networking - 664
(g) Posting, transmitting or disseminating any photographs, video or audio recordings,

likenesses or images of department logos, emblems, uniforms, badges, patches,
marked vehicles, equipment or other material that specifically identifies the Brooklyn
Center Police Department on any personal or social networking or other website or
web page without the express authorization of the Chief of Police.
(h) Accessing websites for non-authorized purposes or use of any personal
communication device, game device or media device, whether personally or
department-owned, for personal purposes while on-duty except in the following
circumstances:
1. When brief personal communications may be warranted by the circumstances
(e.g., inform family of extended hours).
2. During authorized breaks; such usage should be limited as much as practicable
to areas out of sight and sound of the public and shall not be disruptive to the
work environment.
Employees must take reasonable and prompt action to remove any content, including content
posted by others, that is in violation of this policy from any web page or website maintained by
the employee (e.g., social or personal website).
1027.4.1 UNAUTHORIZED ENDORSEMENTS AND ADVERTISEMENTS

While employees are not restricted from engaging in the following activities as private citizens or
as authorized members of a recognized bargaining unit or officer associations, employees may
not represent the Brooklyn Center Police Department or identify themselves in any way that could
be reasonably perceived as representing the Brooklyn Center Police Department in order to do
any of the following, unless specifically authorized by the Chief of Police:
(a) Endorse, support, oppose or contradict any political campaign or initiative.
(b) Endorse, support, oppose or contradict any social issue, cause or religion.
(c) Endorse, support, or oppose any product, service, company or other commercial
entity.
(d) Appear in any commercial, social or nonprofit publication or any motion picture, film,
video, public broadcast or any website.
Additionally, when it can reasonably be construed that an employee acting in his/her individual
capacity or through an outside group or organization (e.g. bargaining group) is affiliated with this
department, the employee shall give a specific disclaiming statement that any such speech or
expression is not representative of the Brooklyn Center Police Department.
Employees retain their right to vote as they choose, to support candidates of their choice and
to express their opinions as private citizens, including as authorized members of a recognized
bargaining unit or officer associations, on political subjects and candidates at all times while off-
duty. However employees may not use their official authority or influence to interfere with or affect
Department
Networking - 665
the result of an election or a nomination for office. Employees are also prohibited from directly or
indirectly using their official authority to coerce, command or advise another employee to pay, lend
or contribute anything of value to a party, committee, organization, agency or person for political
purposes (5 USC § 1502).
1027.5 PRIVACY EXPECTATION

Employees forfeit any expectation of privacy with regard to e-mails, texts, or anything published
or maintained through file-sharing software or any Internet site (e.g., Facebook, MySpace) that is
accessed, transmitted, received or reviewed on any department technology system.
The Department reserves the right to access, audit and disclose for whatever reason any
message, including attachments, and any information accessed, transmitted, received or reviewed
over any technology that is issued or maintained by the Department, including the Department
e-mail system, computer network, radio or other communication system or medium or any
information placed into storage on any Department system or device.
This includes records of all key strokes or web-browsing history made at any Department computer
or over any Department network. The fact that access to a database, service or website requires a
user name or password does not create an expectation of privacy if accessed through department
computers or networks.
1027.6 CONSIDERATIONS
In determining whether to grant authorization of any speech or conduct that is prohibited under
this policy, the factors that the Chief of Police or authorized designee should consider include:
(a) Whether the speech or conduct would negatively affect the efficiency of delivering
public services.
(b) Whether the speech or conduct would be contrary to the good order of the Department
or the efficiency or morale of its members.
(c) Whether the speech or conduct would reflect unfavorably upon the Department.
(d) Whether the speech or conduct would negatively affect the member’s appearance of
impartiality in the performance of his/her duties.
(e) Whether similar speech or conduct has been previously authorized.
(f) Whether the speech or conduct may be protected and outweighs any interest of the
Department.
1027.7 TRAINING
Subject to available resources the Department should provide training regarding employee speech
and the use of social networking to all members of the Department.
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Networking - 666
POST Licensing
Maintaining a valid POST license is a critical element of an officer's ability to continue their
employment and is their sole professional responsibility. Every officer is required to complete
the continuing education requirements to maintain a valid license every three years (Minn. R. §
6700.0900).
1028.2 RENEWAL SCHEDULE

Any officer whose license expires is not authorized to work as a peace officer until the license
status is valid. Officers renew their POST licenses according to the following schedule (Minn. R.
6700.1000):
• Last name starting with A-G will renew in 2007 and every third year thereafter.
• Last name starting with H-M will renew in 2008 and every third year thereafter.
• Last name starting with N-Z will renew in 2009 and every third year thereafter.
1028.2.1 LICENSE RENEWAL CREDITS

A peace officer license may be renewed only upon the licensee or the licensee's appointing
authority providing the POST board proof the licensee has successfully completed board-
approved continuing education and posting of fees on or before June 30 of the year a license is
due for renewal. Licensee required hours of continuing credit are (Minn. R. 6700.1000, Subd. 3):
• 16 hours for a peace officer or a part-time peace officer who has been licensed for at
least six months but less than 18 months.
• 32 hours for a peace officer or a part-time peace officer who has been licensed for at
least 18 months but less than 30 months.
• 48 hours for a peace officer or a part-time peace officer who has been licensed for
at least 30 months.
1028.3 LICENSE PROCESS

A general schedule for the license renewal process is:
• February - The Department or officer will receive employment verification.
• March - The Department or officers are sent a license renewal application.
• June - A final notice will be sent from POST for those who have not renewed.
• June 30 - The deadline date for license renewal after which officers whose license
expires will no longer be authorized to practice law enforcement or carry a firearm.
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POST Licensing
1028.4 INACTIVE LICENSE

Officers who fail to complete the requirements will have their license placed in the “Inactive” status.
The employee may then be placed in a temporary administrative assignment until their license is
“Valid”. Those employees may also face administrative discipline up to and including termination.
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Department
Department Managed Social Media

In an effort to enhance communication, collaboration and information exchange with the
community the Brooklyn Center Police Department endorses the use of social media. The intent
of this policy is not to address one particular form of social media, rather social media in general,
as advances in technology will occur and new forms of social media will likely emerge
1029.2 POLICY
The Brooklyn Center Police Department recognizes that social media provides a potentially
valuable means of assisting the department and its personnel in achieving its community outreach,
problem-solving and crime prevention goals. This policy establishes the department’s position
on the use and management of social media and provides guidance on its management,
administration, and oversight.
1029.3 DEFINITIONS
Blog: A self-published diary or commentary on a particular topic that may allow visitors to post
responses, reactions or comments. This term is short for “Web Log.”
Page: The specific portion of a social media website where content is displayed and managed
by and individual or individuals with administer rights.
Post: Content an individual shares on a social media site or the act of publishing content on a site
Profile: Information that a user provides about him/herself on a social networking site.
Social Media: A category of Internet-based resources that integrate user-generated content and
user participation. This includes, but is not limited to social networking sites such as Facebook,
microblogging sites such as Twitter, and photo-and video-sharing sites such as YouTube.
Social Networks: Online platforms where users can create profiles, share information, and
socialize with others using a range of technologies.
Speech: Expression or communication of thoughts or opinions in spoken words, in writing, by
expressive conduct, symbolism, photographs, videotape, or related forms of communication.
1029.4 DEPARTMENT SITES

(a) Where possible, each social media site should include an introductory statement that clearly
specifies the purpose and scope of the agency’s presence on the web site
(b) Where possible, the page(s) should link to the City of Brooklyn Center’s official website
(c) Where possible, any advertisement regarding department related events should be routed
through city-wide communication means prior to being displayed on police department managed
social media sites.
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Department
(d) At times, names and rank of department employees may be displayed on department managed
social media sites. As such, employees will be asked on an annual basis, but are not required to
sign, a consent waiver authorizing the department’s potential use of their name, photos or videos
where the officer may be present.
1029.5 PROCEDURES
(a) All department social media sites shall first be approved by the Chief of Police and shall be
administered by the Chief of Police, a divisional commander, the administrative assistant or other
approved personnel.
(b) Department-based social media accounts shall be monitored for appropriate content on a
daily basis.
(c) All account names on social media sites must clearly be connected to the city and approved
by the Chief of Police.
(d) Where possible, social media pages shall clearly indicate they are maintained by the
department and shall have department contact information prominently displayed.
(e) Social media content shall adhere to applicable laws, regulations and policies, including all
information technology and records management policies.
1. Content is subject to data practices laws. Relevant records retention schedules apply
to social media content.
2. Content must be managed, stored and retrieved to comply with data practice and
discovery laws.
(f) Where possible, social media pages should state that the opinions expressed by visitors to the
page(s) do not reflect the views of the department.
1. Pages shall clearly indicate that posted comments will be monitored and the department
reserves the right to remove obscenities, off-topic comments and personal attacks.
Department personnel shall monitor social media sites on a regular basis to ensure that
all posted content promotes constructive dialogue.
2. Pages shall clearly indicate that any comment posted or submitted for posting is subject
to public disclosure
(g) Department issued technology such as cell phones and computers shall be the primary source
of conducting city business on social media sites. Any use of personal technology to transmit
data on social media on behalf of the city must be approved by the Chief of Police or division
commander.
(h) Any personal technology used to post on department managed social media may be subject
to applicable data practice laws
1029.5.1 EMPLOYEE ACCESS
Department
(a) Employees given access to social media accounts shall have usernames and passwords
unique to the individual user. Employees shall not share their usernames and passwords with
others. Specific usernames and passwords must also be consistent with city IT policies.
(b) Employees who discontinue their employment with the City of Brooklyn Center shall
immediately have their social media access, passwords and other applicable accounts
discontinued.
1029.5.2 CONDUCT BY DEPARTMENT EMPLOYEES
(a) Department personnel representing the department via social media shall do the following:
1. Conduct themselves at all times as representatives of the department and accordingly,
shall act in a respectful, professional and truthful manner.
2. Identify themselves as a member of the department.
3. Corrections to posts must be made when needed.
4. Not make any comments about the guilt or innocence of any suspect or arrestee, or
comments concerning pending prosecutions, not post, transmit or otherwise disseminate
confidential information, including photographs or videos without the approval of the Chief
of Police or his/her designee.
5. Not conduct any political activities, personal business, support any social issue, religion
or product endorsement.
(b) Employees shall observe all copyright, trademark and service mark restrictions in posting
materials to electronic media.
1029.6 POTENTIAL USES

(a) Instances where department use of social media may be valuable to achieving its enhanced
communication goals include, but are not limited to:
Community Outreach and Engagement
1. Providing crime prevention tips;
2. Sharing crime maps and data; and
3. Soliciting tips about unsolved crimes
Time sensitive notifications related to
4. Road closures;
5. Special events;
6. Weather emergencies; and
7. Missing or endangered persons
Department
Department
Line-of-Duty Deaths
The purpose of this policy is to provide guidance to members of the Brooklyn Center Police
Department in the event of the death of a member occurring in the line of duty and to direct
the Department in providing proper support for the member’s survivors.
The Chief of Police may also apply some or all of this policy in situations where members are
injured in the line of duty and the injuries are life-threatening.
Line-of-duty death - The death of a sworn member during the course of performing law
enforcement-related functions while on- or off-duty, or a non-sworn member during the course
of performing their assigned duties.
Survivors - Immediate family members of the deceased member, which can include spouse,
children, parents, other next of kin or significant others. The determination of who should be
considered a survivor for purposes of this policy should be made on a case-by-case basis given
the individual’s relationship with the member and whether the individual was previously designated
by the deceased member.
1030.2 POLICY
It is the policy of the Brooklyn Center Police Department to make appropriate notifications and
to provide assistance and support to survivors and coworkers of a member who dies in the line
of duty.
It is also the policy of this department to respect the requests of the survivors when they conflict
with these guidelines, as appropriate.
1030.3 INITIAL ACTIONS BY COMMAND STAFF

(a) Upon learning of a line-of-duty death, the deceased member’s supervisor should
provide all reasonably available information to the Shift Sergeant and Dispatch.
1. Communication of information concerning the member and the incident should
be restricted to secure networks to avoid interception by the media or others
(see the Public Information Officer section of this policy).
(b) The Shift Sergeant should ensure that notifications are made in accordance with
the Officer-Involved Shootings and Deaths and Major Incident Notification policies as
applicable.
(c) If the member has been transported to the hospital, the Shift Sergeant or
the authorized designee should respond to the hospital to assume temporary
responsibilities as the Hospital Liaison.
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Line-of-Duty Deaths
(d) The Chief of Police or the authorized designee should assign members to handle
survivor notifications and assign members to the roles of Hospital Liaison (to relieve
the temporary Hospital Liaison) and the Department Liaison as soon as practicable
(see the Notifying Survivors section and the Department Liaison and Hospital Liaison
subsections in this policy).
1030.4 NOTIFYING SURVIVORS

Survivors should be notified as soon as possible in order to avoid the survivors hearing about the
incident in other ways.
The Chief of Police or the authorized designee should review the deceased member’s emergency
contact information and make accommodations to respect the member’s wishes and instructions
specific to notifying survivors. However, notification should not be excessively delayed because
of attempts to assemble a notification team in accordance with the member’s wishes.
The Chief of Police, the Shift Sergeant or the authorized designee should select at least two
members to conduct notification of survivors, one of which may be the Department Chaplain.
Notifying members should:
(a) Make notifications in a direct and compassionate manner, communicating as many
facts of the incident as possible, including the current location of the member.
Information that is not verified should not be provided until an investigation has been
completed.
(b) Determine the method of notifying surviving children by consulting with other survivors
and taking into account factors such as the child’s age, maturity and current location
(e.g., small children at home, children in school).
(c) Plan for concerns such as known health concerns of survivors or language barriers.
(d) Offer to transport survivors to the hospital, if appropriate. Survivors should be
transported in department vehicles. Notifying members shall inform the Hospital
Liaison over a secure network that the survivors are on their way to the hospital and
should remain at the hospital while the survivors are present.
(e) When survivors are not at their residences or known places of employment, actively
seek information and follow leads from neighbors, other law enforcement, postal
authorities and other sources of information in order to accomplish notification in as
timely a fashion as possible. Notifying members shall not disclose the reason for their
contact other than a family emergency.
(f) If making notification at a survivor’s workplace, ask a workplace supervisor for the
use of a quiet, private room to meet with the survivor. Members shall not inform the
workplace supervisor of the purpose of their visit other than to indicate that it is a family
emergency.
(g) Offer to call other survivors, friends or clergy to support the survivors and to avoid
leaving survivors alone after notification.
(h) Assist the survivors with meeting childcare or other immediate needs.
Department
Line-of-Duty Deaths
(i) Provide other assistance to survivors and take reasonable measures to accommodate
their needs, wishes and desires. Care should be taken not to make promises or
commitments to survivors that cannot be met.
(j) Inform the survivors of the name and phone number of the Survivor Support
Liaison (see the Survivor Support Liaison section of this policy), if known, and
the Department Liaison.
(k) Provide their contact information to the survivors before departing.
(l) Document the survivor’s names and contact information, as well as the
time and location of notification. This information should be forwarded to
the Department Liaison.
(m) Inform the Chief of Police or the authorized designee once survivor notifications
have been made so that other Brooklyn Center Police Department members may be
apprised that survivor notifications are complete.
1030.4.1 OUT-OF-AREA NOTIFICATIONS

The Department Liaison should request assistance from law enforcement agencies in appropriate
jurisdictions for in-person notification to survivors who are out of the area.
(a) The Department Liaison should contact the appropriate jurisdiction using a secure
network and provide the assisting agency with the name and telephone number of
the department member that the survivors can call for more information following the
notification by the assisting agency.
(b) The Department Liaison may assist in making transportation arrangements for the
member’s survivors, but will not obligate the Department to pay travel expenses
without the authorization of the Chief of Police.
1030.5 NOTIFYING DEPARTMENT MEMBERS

Supervisors or members designated by the Chief of Police are responsible for notifying department
members of the line-of-duty death as soon as possible after the survivor notification is made.
Notifications and related information should be communicated in person or using secure networks
and should not be transmitted over the radio.
Notifications should be made in person and as promptly as possible to all members on-duty at the
time of the incident. Members reporting for subsequent shifts within a short amount of time should
be notified in person at the beginning of their shift. Members reporting for duty from their residence
should be instructed to contact their supervisor as soon as practicable. Those members who are
working later shifts or are on days off should be notified by phone as soon as practicable.
Members having a close bond with the deceased member should be notified of the incident
in person. Supervisors should consider assistance (e.g., peer support group, modifying work
schedules, approving sick leave) for members who are especially affected by the incident.
Supervisors should direct members not to disclose any information outside the Department
regarding the deceased member or the incident.
Department
Line-of-Duty Deaths
1030.6 LIAISONS AND COORDINATORS

The Chief of Police or the authorized designee should select members to serve as liaisons and
coordinators to handle responsibilities related to a line-of-duty death, including, but not limited to:
(a) Department Liaison.
(b) Hospital Liaison.
(c) Survivor Support Liaison.
(d) Critical Incident Stress Management (CISM) coordinator.
(e) Funeral Liaison.
(f) Mutual aid coordinator.
(g) Benefits Liaison.
(h) Finance coordinator.
Liaisons and coordinators will be directed by the Department Liaison and should be given sufficient
duty time to complete their assignments.
Members may be assigned responsibilities of more than one liaison or coordinator position
depending on available department resources. The Department Liaison may assign separate
liaisons and coordinators to accommodate multiple family units, if needed.
1030.6.1 DEPARTMENT LIAISON

The Department Liaison should be a Division Commander or of sufficient rank to effectively
coordinate department resources, and should serve as a facilitator between the deceased
member’s survivors and the Department. The Department Liaison reports directly to the Chief of
Police. The Department Liaison’s responsibilities include, but are not limited to:
(a) Directing the other liaisons and coordinators in fulfilling survivors’ needs and requests.
Consideration should be given to organizing the effort using the National Incident
Management System (NIMS).
(b) Establishing contact with survivors within 24 hours of the incident and providing them
contact information.
(c) Advising survivors of the other liaison and coordinator positions and their roles and
responsibilities.
(d) Identifying locations that will accommodate a law enforcement funeral and presenting
the options to the appropriate survivors, who will select the location.
(e) Coordinating all official law enforcement notifications and arrangements.
(f) Making necessary contacts for authorization to display flags at half-mast.
(g) Ensuring that department members are reminded of appropriate information-sharing
restrictions regarding the release of information that could undermine future legal
proceedings.
(h) Coordinating security checks of the member’s residence as necessary and
reasonable.
Department
Line-of-Duty Deaths
(i) Serving as a liaison with visiting law enforcement agencies during memorial and
funeral services.
1030.6.2 HOSPITAL LIAISON

The Hospital Liaison should work with hospital personnel to:
(a) Arrange for appropriate and separate waiting areas for:
1. The survivors and others whose presence is requested by the survivors.
2. Department members and friends of the deceased member.
3. Media personnel.
(b) Ensure, as much as practicable, that any suspects who are in the hospital and their
families or friends are not in close proximity to the member’s survivors or Brooklyn
Center Police Department members (except for members who may be guarding the
suspect).
(c) Ensure that survivors receive timely updates regarding the member before information
is released to others.
(d) Arrange for survivors to have private time with the member, if requested.
1. The Hospital Liaison or hospital personnel may need to explain the condition of
the member to the survivors to prepare them accordingly.
2. The Hospital Liaison should accompany the survivors into the room, if requested.
(e) Stay with survivors and ensure that they are provided with other assistance as needed
at the hospital.
(f) If applicable, explain to the survivors why an autopsy may be needed.
(g) Ensure hospital bills are directed to the Department, that the survivors are not asked
to sign as guarantor of payment for any hospital treatment and that the member’s
residence address, insurance information and next of kin are not included on hospital
paperwork.
Other responsibilities of the Hospital Liaison include, but are not limited to:
• Arranging transportation for the survivors back to their residence.
• Working with investigators to gather and preserve the deceased member’s equipment
and other items that may be of evidentiary value.
• Documenting his/her actions at the conclusion of his/her duties.
1030.6.3 SURVIVOR SUPPORT LIAISON

The Survivor Support Liaison should work with the Department Liaison to fulfill the immediate
needs and requests of the survivors of any member who has died in the line of duty, and serve
as the long-term department contact for survivors.
The Survivor Support Liaison should be selected by the deceased member’s Division Commander.
The following should be considered when selecting the Survivor Support Liaison:
Department
Line-of-Duty Deaths
• The liaison should be an individual the survivors know and with whom they are
comfortable working.
• If the survivors have no preference, the selection may be made from names
recommended by the deceased member’s supervisor and/or coworkers. The
deceased member’s partner or close friends may not be the best selections for this
assignment because the emotional connection to the member or survivors may impair
their ability to conduct adequate liaison duties.
• The liaison must be willing to assume the assignment with an understanding of the
emotional and time demands involved.
The responsibilities of the Survivor Support Liaison include, but are not limited to:
(a) Arranging for transportation of survivors to hospitals, places of worship, funeral homes
and other locations, as appropriate.
(b) Communicating with the Department Liaison regarding appropriate security measures
for the family residence, as needed.
(c) If requested by the survivors, providing assistance with instituting methods of
screening telephone calls made to their residence after the incident.
(d) Providing assistance with travel and lodging arrangements for out-of-town survivors.
(e) Returning the deceased member’s personal effects from the Department and the
hospital to the survivors. The following should be considered when returning the
personal effects:
1. Items should not be delivered to the survivors until they are ready to receive
the items.
2. Items not retained as evidence should be delivered in a clean, unmarked box.
3. All clothing not retained as evidence should be cleaned and made presentable
(e.g., items should be free of blood or other signs of the incident).
4. The return of some personal effects may be delayed due to ongoing
investigations.
(f) Assisting with the return of department-issued equipment that may be at the deceased
member’s residence.
1. Unless there are safety concerns, the return of the equipment should take place
after the funeral at a time and in a manner considerate of the survivors’ wishes.
(g) Working with the CISM coordinator to ensure that survivors have access to available
counseling services.
(h) Coordinating with the department’s Public Information Officer ([PIO]) to brief the
survivors on pending press releases related to the incident and to assist the survivors
with media relations in accordance with their wishes (see the Public Information
Officer section of this policy).
(i) Briefing survivors on investigative processes related to the line-of-duty death, such as
criminal, internal and administrative investigations.
Department
Line-of-Duty Deaths
(j) Informing survivors of any related criminal proceedings and accompanying them to
such proceedings.
(k) Introducing survivors to prosecutors, victim’s assistance personnel and other involved
personnel as appropriate.
(l) Maintaining long-term contact with survivors and taking measures to sustain a
supportive relationship (e.g., follow-up visits, phone calls, cards on special occasions,
special support during holidays).
(m) Inviting survivors to department activities, memorial services or other functions as
appropriate.
Survivor Support Liaisons providing services after an incident resulting in multiple members being
killed should coordinate with and support each other through conference calls or meetings as
necessary.
The Department recognizes that the duties of a Survivor Support Liaison will often affect regular
assignments over many years, and is committed to supporting members in the assignment.
If needed, the Survivor Support Liaison should be issued a personal communication device
(PCD) owned by the Department to facilitate communications necessary to the assignment.
The department-issued PCD shall be used in accordance with the Personal Communication
Devices Policy.
1030.6.4 CRITICAL INCIDENT STRESS MANAGEMENT COORDINATOR

The CISM coordinator should work with the Chief of Police or the authorized designee, liaisons,
coordinators and other resources to make CISM and counseling services available to members
and survivors who are impacted by a line-of-duty death. The responsibilities of the CISM
coordinator include, but are not limited to:
(a) Identifying members who are likely to be significantly affected by the incident and may
have an increased need for CISM and counseling services, including:
1. Members involved in the incident.
2. Members who witnessed the incident.
3. Members who worked closely with the deceased member but were not involved
in the incident.
(b) Ensuring that members who were involved in or witnessed the incident are relieved
of department responsibilities until they can receive CISM support as appropriate and
possible.
(c) Ensuring that CISM and counseling resources (e.g., peer support, debriefing, grief
counselors) are available to members as soon as reasonably practicable following the
line-of-duty death.
(d) Coordinating with the Survivor Support Liaison to ensure survivors are aware of
available CISM and counseling services and assisting with arrangements as needed.
Department
Line-of-Duty Deaths
(e) Following up with members and the Survivor Support Liaison in the months following
the incident to determine if additional CISM or counseling services are needed.
1030.6.5 FUNERAL LIAISON

The Funeral Liaison should work with the Department Liaison, Survivor Support Liaison and
survivors to coordinate funeral arrangements to the extent the survivors wish. The Funeral
Liaison’s responsibilities include, but are not limited to:
(a) Assisting survivors in working with the funeral director regarding funeral arrangements
and briefing them on law enforcement funeral procedures.
(b) Completing funeral notification to other law enforcement agencies.
(c) Coordinating the funeral activities of the Department, including, but not limited to the
following:
1. Honor Guard
(a) Casket watch
(b) Color guard
(c) Pallbearers
(d) Bell/rifle salute
2. Bagpipers/bugler
3. Uniform for burial
4. Flag presentation
5. Last radio call
(d) Briefing the Chief of Police and command staff concerning funeral arrangements.
(e) Assigning an officer to remain at the family home during the viewing and funeral.
(f) Arranging for transportation of the survivors to and from the funeral home and
interment site using department vehicles and drivers.
1030.6.6 MUTUAL AID COORDINATOR

The mutual aid coordinator should work with the Department Liaison and the Funeral Liaison to
request and coordinate any assistance from outside law enforcement agencies needed for, but
not limited to:
(a) Traffic control during the deceased member’s funeral.
(b) Area coverage so that as many Brooklyn Center Police Department members can
attend funeral services as possible.
The mutual aid coordinator should perform his/her duties in accordance with the Outside Agency
Assistance Policy.
Department
Line-of-Duty Deaths
1030.6.7 BENEFITS LIAISON

The Benefits Liaison should provide survivors with information concerning available benefits and
assist them in applying for benefits. Responsibilities of the Benefits Liaison include, but are not
limited to:
(a) Confirming the filing of workers’ compensation claims and related paperwork (see the
Occupational Disease, Personal Injury and Death Reporting Policy).
(b) Researching and assisting survivors with application for federal government survivor
benefits, such as those offered through the:
1. Public Safety Officers’ Benefits (PSOB) Programs.
2. Public Safety Officers’ Educational Assistance (PSOEA) Program.
3. Social Security Administration.
4. Department of Veterans Affairs.
(c) Researching and assisting survivors with application for state and local government
survivor benefits.
1. Survivor benefits (Minn. Stat. § 353.657).
2. Disability survivor benefits (Minn. Stat. § 353.656).
3. Continued health insurance coverage benefit (Minn. Stat. § 299A.465).
4. Death benefit (Minn. Stat. § 299A.44).
5. Education benefit (Minn. Stat. § 299A.45).
(d) Researching and assisting survivors with application for other survivor benefits such
as:
1. Private foundation survivor benefits programs.
2. Survivor scholarship programs.
(e) Researching and informing survivors of support programs sponsored
by Police associations and other organizations.
(f) Documenting and informing survivors of inquiries and interest regarding public
donations to the survivors.
1. If requested, working with the finance coordinator to assist survivors with
establishing a process for the receipt of public donations.
(g) Providing survivors with a summary of the nature and amount of benefits applied
for, including the name of a contact person at each benefit office. Printed copies of
the summary and benefit application documentation should be provided to affected
survivors.
(h) Maintaining contact with the survivors and assisting with subsequent benefit questions
and processes as needed.
Department
Line-of-Duty Deaths
1030.6.8 FINANCE COORDINATOR

The finance coordinator should work with the Chief of Police and the Department Liaison
to manage financial matters related to the line-of-duty death. The finance coordinator’s
responsibilities include, but are not limited to:
(a) Establishing methods for purchasing and monitoring costs related to the incident.
(b) Providing information on finance-related issues, such as:
1. Paying survivors’ travel costs if authorized.
2. Transportation costs for the deceased.
3. Funeral and memorial costs.
4. Related funding or accounting questions and issues.
(c) Working with the Benefits Liaison to establish a process for the receipt of public
donations to the deceased member’s survivors.
(d) Providing accounting and cost information as needed.
1030.7 PUBLIC INFORMATION OFFICER

In the event of a line-of-duty death, the department’s [PIO] should be the department’s contact
point for the media. As such, the [PIO] should coordinate with the Department Liaison to:
(a) Collect and maintain the most current incident information and determine what
information should be released.
(b) Ensure that department members are instructed to direct any media inquiries to
the [PIO].
(c) Prepare necessary press releases.
1. Ensure coordination with other entities having media roles (e.g., outside
agencies involved in the investigation or incident).
2. Ensure that important public information is disseminated, such as information on
how the public can show support for the Department and deceased member’s
survivors.
(d) Arrange for community and media briefings by the Chief of Police or the authorized
designee as appropriate.
(e) Respond, or coordinate the response, to media inquiries.
(f) If requested, assist the member’s survivors with media inquiries.
1. Brief the survivors on handling sensitive issues such as the types of questions
that reasonably could jeopardize future legal proceedings.
(g) Release information regarding memorial services and funeral arrangements
to department members, other agencies and the media as appropriate.
(h) If desired by the survivors, arrange for the recording of memorial and funeral services
via photos and/or video.
Department
Line-of-Duty Deaths
The identity of deceased members should be withheld until the member’s survivors have been
notified. If the media has obtained identifying information for the deceased member prior to
survivor notification, the [PIO] should request that the media withhold the information from release
until proper notification can be made to survivors. The [PIO] should ensure that media are notified
when survivor notifications have been made.
1030.8 DEPARTMENT CHAPLAIN

The Department chaplain may serve a significant role in line-of-duty deaths. His/her duties may
include, but are not limited to:
• Assisting with survivor notifications and assisting the survivors with counseling,
emotional support or other matters, as appropriate.
• Assisting liaisons and coordinators with their assignments, as appropriate.
• Assisting department members with counseling or emotional support, as requested
and appropriate.
Further information on the potential roles and responsibilities of the chaplain is in the Chaplains
Policy.
1030.9 INVESTIGATION OF THE INCIDENT

The Chief of Police shall ensure that line-of-duty deaths are investigated thoroughly and may
choose to use the investigation process outlined in the Officer-Involved Shootings and Deaths
Policy.
Investigators from other agencies may be assigned to work on any criminal investigation related
to line-of-duty deaths. Partners, close friends or personnel who worked closely with the deceased
member should not have any investigative responsibilities because such relationships may impair
the objectivity required for an impartial investigation of the incident.
Involved department members should be kept informed of the progress of the investigations and
provide investigators with any information that may be pertinent to the investigations.
1030.10 LINE-OF-DUTY DEATH OF A LAW ENFORCEMENT ANIMAL

The Chief of Police may authorize appropriate memorial and funeral services for law enforcement
animals killed in the line of duty.
1030.11 NON-LINE-OF-DUTY DEATH

The Chief of Police may authorize certain support services for the death of a member not occurring
in the line of duty.
Department
Seat Belts
The use of seat belts and other safety restraints significantly reduces the chance of death or injury
in case of a traffic collision. This policy establishes guidelines for seat belt and child safety seat
use to promote maximum operator and passenger safety, thus reducing the possibility of death or
injury as the result of a motor vehicle collision. This policy will apply to all employees operating or
riding in Department vehicles or aircraft (Minn. Stat. § 169.686).
Child restraint system - An infant or child passenger restraint system that meets Federal Motor
Vehicle Safety Standards (FMVSS) and Regulations set forth in 49 CFR 571.213 (Minn. Stat. §
169.685).
1031.2 WEARING OF SAFETY RESTRAINTS

All employees shall wear properly adjusted safety restraints when operating or riding in a seat
equipped with restraints, in any vehicle owned, leased, or rented by this department, while on- or
off-duty, or in any privately owned vehicle while on-duty. The employee operating such a vehicle
shall ensure that all other occupants, including non-employees, are also properly restrained.
Exceptions to the requirement to wear safety restraints may be made only in exceptional situations
where, due to unusual circumstances, wearing a seat belt would endanger the member or the
public. Employees must be prepared to justify any deviation from this requirement.
1031.2.1 TRANSPORTING CHILDREN

An approved child passenger safety seat system should be used for all children younger than 8
years of age and shorter than 4 feet 9 inches tall (Minn. Stat. § 169.685 Subd. 5 (b)).
However, if a child passenger restraint is not available, an officer may transport the child using
the standard seat belt (Minn. Stat. § 169.685 Subd. 6 (a) (2)).
Rear seat passengers in a cage-equipped vehicle may have reduced clearance which requires
careful seating and positioning of seat belts. Due to this reduced clearance, children and the child
passenger safety seat system or booster seat should be secured properly in the front seat of these
vehicles, provided this positioning meets the vehicle and the child passenger safety seat system
manufacturer's design and use recommendations. In the event that a child is transported in the
front seat of a vehicle, the passenger side air bag should be deactivated. If this is not possible,
officers should consider arranging alternative transportation.
1031.3 TRANSPORTING PRISONERS

Prisoners should be secured in the prisoner restraint system in the rear seat of the patrol vehicle
or by seat belts when a prisoner restraint system is not available. The prisoner should be in a
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Department
Seat Belts
seating position for which seat belts have been provided by the vehicle manufacturer. The prisoner
restraint system is not intended to be a substitute for handcuffs or other appendage restraints.
1031.4 INOPERABLE SEAT BELTS

No Department vehicle shall be operated if the seat belt in the driver's position is inoperable. No
person should be transported in a seating position in which the seat belt is inoperable.
No person shall modify, remove, deactivate, or otherwise tamper with the vehicle safety belts,
except for vehicle maintenance and repair staff, who shall do so only with the express authorization
of the Chief of Police.
Employees who discover an inoperable restraint system shall promptly report the defect to the
appropriate supervisor. Prompt action will be taken to replace or repair the system.
1031.5 VEHICLES MANUFACTURED WITHOUT SEAT BELTS

Vehicles manufactured and certified for use without seat belts or other restraint systems are
subject to the manufacturer's operator requirements for safe use.
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Department
Attachments
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Department
Attachment Brooklyn Center PD Policy Manual
Model Sexual Assault Investigation Policy.pdf

Model Sexual Assault Investigation Policy.pdf
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Department
- 687
Attachment Brooklyn Center PD Policy Manual
MN POST Professional Conduct of

Peace Officers Model Policy.pdf
MN POST Professional Conduct of Peace Officers Model Policy.pdf
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Department
Officers Model Policy.pdf - 688
BARRICADED SUSPECT . . . . . . . . 266

INDEX / TOPICS BARRICADED SUSPECTS . . . . . . . 265
BATONS . . . . . . . . . . . . . . . 51
BETTING . . . . . . . . . . . . . . 153
A BIAS-BASED POLICING . . . . . . . .
BODY ARMOR
245
ABUSE OF AUTHORITY . . . . . . . . 10 Suspects. . . . . . . . . . . . . . 72

ACCOUNTABILITY TO SUPERVISOR . . 18 BODY ARMOR . . . . . . . . . . . . 610
ADDRESS CHANGE . . . . . . . . . . 151 BOMB THREATS . . . . . . . . . . . 272
ADMINISTRATIVE FILE BOMBS
Defined. . . . . . . . . . . . . . 612 Chaplains. . . . . . . . . . . . . 217
ADMINISTRATIVE HEARINGS . . . . . 372 BRIBE . . . . . . . . . . . . . . . . 153
ADMINISTRATIVE INVESTIGATIONS
OIS. . . . . . . . . . . . . . . . 68
ADMINISTRATIVE LEAVE C
OIS. . . . . . . . . . . . . . . . 64
AIRCRAFT CASH
Accidents. . . . . . . . . . . . . 294 Custody. . . . . . . . . . . . . . 538
Flying while armed. . . . . . . . . . 78 CASH AUDITS . . . . . . . . . . . . 432
ALCOHOL CASH HANDLING
Firearms. . . . . . . . . . . . . . 75 Cash Transactions. . . . . . . . . . 432
AMMUNITION . . . . . . . . . . . . 73 CERTIFICATE MAINTENANCE . . . . . 661
ANIMAL CONTROL . . . . . . . . . . 478 CHANGE OF ADDRESS . . . . . . . . 151
ANIMALS CHAPLAINS
Dangerous. . . . . . . . . . . . . . 76 Line-of-duty deaths. . . . . . . . . 683
Injured. . . . . . . . . . . . . . 360 CHIEF EXECUTIVE . . . . . . . . . . 11
Line-of-duty deaths. . . . . . . . . 683 CHILD ABUSE
ANTI-RETALIATION . . . . . . . . . 576 Child Mortality Review Panels. . . . . 127
APPOINTMENTS Definitions. . . . . . . . . . . . . 121
Line-of-duty death liaisons and coordinators 676 Mandatory notifications. . . . . . . . 121
ARREST OF TEACHER . . . . . . . . 209 CHILD AND DEPENDENT ADULT SAFETY 219
ARRESTS CHILD SAFETY SEAT . . . . . . . . . 684
Consular notifications. . . . . . . . . 534 CHILDREN
DWI. . . . . . . . . . . . . . . 370 Firearms. . . . . . . . . . . . . . 75
First amendment assemblies. . . . . . 352 Safety. . . . . . . . . . . . . . . 537
Towed vehicles. . . . . . . . . . . 363 CITATION RELEASES . . . . . . . . . 277
ASSET FORFEITURE . . . . . . . . . 397 CIVIL
ATTENDANCE . . . . . . . . . . . . 151 Liability response. . . . . . . . . . . 69
AUDIO/VIDEO RECORDING CIVIL COMMITMENTS . . . . . . . . 274
Holding cells. . . . . . . . . . . . 539 CIVIL DISPUTES . . . . . . . . . . . 342
AUDIO/VIDEO RECORDINGS CIVILIAN/NON-SWORN
OIS. . . . . . . . . . . . . . . . 69 Crisis intervention incidents. . . . . . 346
AUTHORITY COMMAND STAFF
Law enforcement. . . . . . . . . . . 9 Line-of-duty deaths. . . . . . . . . 673
AUTOMATED LICENSE PLATE READER COMMUNICABLE DISEASES
(ALPR) . . . . . . . . . . . . . . . 326 Custody. . . . . . . . . . . . . . 532
AUXILIARY RESTRAINTS . . . . . . . 48 COMMUNICABLE DISEASES . . . . . . 587
Confidentiality. . . . . . . . . . . 593
B Counseling. . . . . . . . . . . . .
CONDUCT
593
BACKGROUNDS . . . . . . . . . . . 564 OIS. . . . . . . . . . . . . . . . 62

BADGE CONFIDENTIAL DATA . . . . . . . . 155
Mourning Badge. . . . . . . . . . . 649 CONFIDENTIAL INFORMANTS . . . . . 405
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Department
Payment Procedure. . . . . . . . . . 407 DEPENDENT ADULTS

CONFIDENTIALITY Safety. . . . . . . . . . . . . . . 537
Custodial telephone calls. . . . . . . 537 DEPLOYMENT . . . . . . . . . . . . 283
CONTACTS AND TEMPORARY DETENTIONS DISASTER PLAN . . . . . . . . . . . 21
Bias-based policing. . . . . . . . . 246 DISCLAIMERS
CONTROL DEVICES Policy Manual. . . . . . . . . . . . 13
Custody. . . . . . . . . . . . . . 538 DISCRIMINATION . . . . . . . . . . 152
First amendment assemblies. . . . . . 351 DISCRIMINATORY HARASSMENT
CONTROL DEVICES . . . . . . . . . . 50 Complaints. . . . . . . . . . . . . 118
CORRESPONDENCE . . . . . . . . . . 28 Definitions. . . . . . . . . . . . . 116
COURT APPEARANCE . . . . . . . . 167 Supervisor's Role. . . . . . . . . . 118
COURT ORDERED FIREARM SURRENDERS DISHONESTY . . . . . . . . . . . . 153
Child Abuse. . . . . . . . . . . . 128 DISOBEDIENCE . . . . . . . . . . . 153
Property and Evidence. . . . . . . . 438 DISPARAGING REMARKS . . . . . . . 153
COURT ORDERED FIREARMS SURRENDER DISPUTED CLAIMS . . . . . . . . . . 447
Domestic Violence. . . . . . . . . . 99 DNA SAMPLES . . . . . . . . . . . . 211
COURT ORDERS DRUG- AND ALCOHOL-FREE WORKPLACE
Civil disputes. . . . . . . . . . . . 342 . . . . . . . . . . . . . . . . . . . 581
COURTROOM ATTIRE . . . . . . . . 170 DUTY TO INTERCEDE . . . . . . . . . 37
COURTROOM PROTOCOL . . . . . . . 170 DUTY WEAPONS . . . . . . . . . . . 72
CRIME ANALYSIS . . . . . . . . . . 435 DWI ENFORCEMENT . . . . . . . . . 367
CRIME AND DISASTER SCENE INTEGRITY
. . . . . . . . . . . . . . . . . . .
CRIMINAL ACTIVITY REPORTING . . .
249
159
E
CRIMINAL GANG INVESTIGATIVE DATA ELECTRICAL LINES . . . . . . . . . 291
SYSTEM . . . . . . . . . . . . . . . 306 ELECTRONIC MAIL . . . . . . . . . . 26
CRIMINAL INTELLIGENCE . . . . . . 305 EMERGENCY OPERATIONS PLAN . . . . 21
CRIMINAL ORGANIZATIONS . . . . . 305 EMERGENCY UTILITY . . . . . . . . 291
CRISIS INTERVENTION INCIDENTS . . 344 EMPLOYEE ASSISTANCE . . . . . . . 582
CRISIS NEGOTIATION TEAM . . . . . 250 EMPLOYEE COMMENDATIONS . . . . 618
CRITICAL RESPONSE UNIT . . . . . . 250 EMPLOYEE CONVICTIONS . . . . . . 579
CUSTODIAL SEARCHES . . . . . . . . 542 EVALUATION . . . . . . . . . . . . 567
EVIDENCE
Seizing recordings. . . . . . . . . . 334
D Use of force. . . . . . . . . . . . . 40
EXAMINATIONS
DAMAGE BY PERSONNEL . . . . . . . 160 Mental, Physical. . . . . . . . . . . 626
DEADLY FORCE REVIEW . . . . . . . 44 EXCESSIVE FORCE . . . . . . . . . . 153
DEATH EXPLOSIVES . . . . . . . . . . . . . 270
Native American Graves (NAGPRA). . . 232 EXPOSURE CONTROL . . . . . . . . 587
Traffic related. . . . . . . . . . . . 359 EXPOSURE CONTROL OFFICER . . . . 587
DEATH NOTIFICATION . . . . . . . . 186 EXPOSURE(S) . . . . . . . . . . . . 264
DEBRIEFING EXTENDED ILLNESS . . . . . . . . . 585
OIS. . . . . . . . . . . . . . . . 70 EYEWITNESS IDENTIFICATION . . . . 410
DECONTAMINATION . . . . . . . . . 589
DEFECTIVE VEHICLES . . . . . . . .
DEFINITIONS
426
F
Policy Manual. . . . . . . . . . . . 13 FAILURE TO TAKE ACTION . . . . . . 153
DEPARTMENT E-MAILS . . . . . . . . 28 FALSIFICATION OF RECORDS . . . . . 153
DEPARTMENT/OFFICE-OWNED PROPERTY FIELD SOBRIETY TESTS . . . . . . . 367
. . . . . . . . . . . . . . . . . . . 419 FIELD TRAINING OFFICER . . . . . . 297
Loss or damage. . . . . . . . . . . 420 FIGHTING . . . . . . . . . . . . . . 151
DEPARTMENTAL DIRECTIVES . . . . . 20 FIREARM SERIAL NUMBERS . . . . . 455
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Department
FIREARMS Firearms . . . . . . . . . . . . 75, 77

Custody. . . . . . . . . . . . . . 538 Holding cells. . . . . . . . . . . . 539
Retiree carry. . . . . . . . . . . . . 32 INSUBORDINATION . . . . . . . . . 153
FIRST AMENDMENT ASSEMBLIES . . . 348 INTERNET USE . . . . . . . . . . . 157
FITNESS FOR DUTY INTERROGATIONS, RECORDING . . . . 384
OIS. . . . . . . . . . . . . . . . 64 INTOXICANTS . . . . . . . . . . . . 153
FITNESS FOR DUTY . . . . . . . . . 625 INVESTIGATION AND PROSECUTION . 383
FLYING WHILE ARMED . . . . . . . . 78
FOOT PURSUIT . . . . . . . . . . . 322 J
FOREIGN JURISDICTION
Nationals. . . . . . . . . . . . . . 534 Consular notification. . . . . . . . . 534
FOREIGN DIPLOMATIC AND CONSULAR OIS . . . . . . . . . . . . . . 61, 61
REPRESENTIVES . . . . . . . . . . . 279 JURSIDICTION
FORMS Traffic collisions. . . . . . . . . . 358
Firearms training. . . . . . . . . . . 77 JUVENILE INFORMANTS . . . . . . . 406
Unauthorized possession of medical JUVENILES
cannabis. . . . . . . . . . . . . . 341 Use as Informants. . . . . . . . . . 406
G K
GAMBLING . . . . . . . . . . . . . 153 KINETIC PROJECTILES . . . . . . . . . 52
GANGS . . . . . . . . . . . . . . . 307
GRATUITY . . . . . . . . . . . . .
GRIEVANCE PROCEDURE . . . . . . .
153
573
L
GROOMING STANDARDS . . . . . . . 643 LAW ENFORCEMENT AUTHORITY . . . . 9
LEG IRONS . . . . . . . . . . . . . . 48
H LEG RESTRAINTS . . . . . . . . .
LIMITED ENGLISH PROFICIENCY
. . 48
HANDCUFFING AND RESTRAINTS Eyewitness identification. . . . . . . 410

Custody. . . . . . . . . . . . . . 538 LIMITED ENGLISH PROFICIENCY . . . 193
HANDCUFFS . . . . . . . . . . . . . 47 LINE-OF-DUTY DEATHS . . . . . . . 673
HATE OR PREJUDICE CRIMES . . . . . 146
HAZARDOUS MATERIAL . . . . . . . 263 M
HAZARDOUS MATERIAL (HAZMAT)
MANDATORY APPEARANCE . . . . . 167
RESPONSE
MANUALS . . . . . . . . . . . . . . 21
Traffic. . . . . . . . . . . . . . . 359
MDC . . . . . . . . . . . . . . . . 320
HEARING IMPAIRED/DISABLED
MEAL PERIODS AND BREAKS . . . . . 628
Communication. . . . . . . . . . . 200
MEDIA
HELICOPTER ASSISTANCE . . . . . . 300
First amendment assemblies. . . . . . 352
HIGH-VISIBILITY VESTS . . . . . . . 356
OIS. . . . . . . . . . . . . . . . 70
HORSEPLAY . . . . . . . . . . . . . 151
MEDIA REQUEST . . . . . . . . . . . 163
HOSTAGE SITUATION . . . . . . . . 267
MEDICAL
HOSTAGES . . . . . . . . . . . . . 265
Leave Act (FMLA). . . . . . . . . 585
I Releases. . . . . . . . . . . . . .
Screening - custody adults. . . . . . .
41
536
IDENTITY THEFT . . . . . . . . . . . 189 MINIMUM STAFFING . . . . . . . . . 29
IMMUNITY . . . . . . . . . . . . . 279 MISAPPROPRIATION OF PROPERTY . . 153
IMPAIRED DRIVING . . . . . . . . . 367 MOBIL AUDIO/VIDEO (MAV)
INFAMOUS OIS. . . . . . . . . . . . . . . . 69
disgraceful. . . . . . . . . . . . . 153 MOBILE DIGITAL COMPUTER . . . . . 320
INFORMATION TECHNOLOGY USE . . . 157 MOBILE VIDEO RECORDER . . . . . . 310
INJURY CLAIMS . . . . . . . . . . . 641 MUTUAL AID
INSPECTIONS First amendment assemblies. . . . . . 350

Department
N PLASTIC CUFFS . . . . . . . . . . . .
POLICE CADETS . . . . . . . . . . .
47
652
NATIVE AMERICAN GRAVES (NAGPRA) 232 Program Advisors. . . . . . . . . . 652
NEWS MEDIA RELATIONS . . . . . . 163 POLICY MANUAL . . . . . . . . . . . 13
NOTIFICATION POLICY REVISIONS . . . . . . . . . . 15
Consular. . . . . . . . . . . . . . 534 PREGNANCY
NOTIFICATIONS Custody . . . . . . . . . . . 532, 538
Impaired driving. . . . . . . . . . . 368 PREGNANCY . . . . . . . . . . . . 661
Line-of-duty deaths. . . . . . . . . 674 PRESS INFORMATION OFFICER . . . . 295
Traffic death. . . . . . . . . . . . 359 PRIVATE PERSONS ARRESTS . . . . . 191
Use of force. . . . . . . . . . . . . 41 PROMOTIONAL PROCESS . . . . . . . 571
NOTIFICATIONS . . . . . . . . . . . 64 PROPERTY PROCEDURES . . . . . . . 436
Pregnancy. . . . . . . . . . . . . 661 Controlled Substances. . . . . . . . 437
NUMERICAL FILING . . . . . . . . . 452 Disputed Claims. . . . . . . . . . . 447
Packaging Of Property. . . . . . . . 444
O Property Booking. . . . . . . . . .
Property Handling. . . . . . . . . .
437
436
OC SPRAY Property Release. . . . . . . . . . . 446
Animals. . . . . . . . . . . . . . 76 PROTECTED INFORMATION . . . . . . 469
OC SPRAY . . . . . . . . . . . . . . 51 PROTECTED INFORMATION . . . . . . 469
OFFICER SAFETY PUBLIC RECORDING OF LAW ENFORCEMENT
Firearm confiscation. . . . . . . . . . 63 ACTIVITY . . . . . . . . . . . . . . 333
LEOSA. . . . . . . . . . . . . . . 32
Vehicle towing. . . . . . . . . . . 364
OFFICER-INVOLVED SHOOTING (OIS) . . 61 R
OLEORESIN CAPSICUM . . . . . . . . 51
ON-DUTY INJURIES . . . . . . . . . 639 RANGEMASTER
ORGANIZATIONAL STRUCTURE . . . . 17 Qualifications. . . . . . . . . . . . 75
OUTSIDE AGENCY ASSISTANCE . . . . 172 RAPID DEPLOYMENT TEAM . . . . . . 283
OUTSIDE EMPLOYMENT . . . . . . . 634 REASONABLE FORCE . . . . . . . . . 38
Change in Status. . . . . . . . . . . 637 RECORDS BUREAU
Obtaining Approval. . . . . . . . . 634 Impaired driving. . . . . . . . . . . 372
Prohibited Outside Employment. . . . 635 RECRUITMENT AND SELECTION . . . 558
Security Employment. . . . . . . . . 636 REFLECTORIZED VESTS . . . . . . . 356
OVERTIME PAYMENT . . . . . . . . 632 RELEASE OF RECORDS AND INFORMATION
Arrest Reports. . . . . . . . . . . 460
P Personnel Records. . . . . . . . . .
Processing Requests. . . . . . . . .
462
457
PATROL FUNCTION . . . . . . . . . 243 RELIEVE FROM . . . . . . . . . . . . 44
PEPPER SPRAY . . . . . . . . . . . . 51 RELIGION
PERSONAL APPEARANCE . . . . . . . 643 NAGPRA. . . . . . . . . . . . . 232
PERSONAL PROPERTY . . . . . . . . 419 RELIGIOUS
Loss or damage. . . . . . . . . . . 420 Accommodations in custody. . . . . . 536
PERSONNEL COMPLAINTS REPORT CORRECTIONS . . . . . . . . 161
Bias-based policing. . . . . . . . . 246 REPORT PREPARATION . . . . . . . . 159
PERSONNEL FILES . . . . . . . . . . 612 REPORTING CONVICTIONS . . . . . . 579
Purging Of Files. . . . . . . . . . . 617 Family Violence. . . . . . . . . . . 579
Requests For Disclosure. . . . . . . . 613 REPORTING LAW ENFORCEMENT ACTIVITY
Types Of Personnel Files. . . . . . . 614 . . . . . . . . . . . . . . . . . . . 285
PERSONNEL RECORDS . . . . . . . . 462 RESPONSE TO CALLS . . . . . . . . . 90
PHOTOGRAPHS RESTRAINTS . . . . . . . . . . . . . 46
First amendment assemblies. . . . . . 348 RESTRICTED INFORMATION . . . . . 165
PHYSICAL CONDITION . . . . . . . . 155 RETALIATION . . . . . . . . . . . . 117

Department
REVIEW BOARD . . . . . . . . . . . 44 Enforcement. . . . . . . . . . . . 355

REVIEWS TRAFFIC CITATIONS . . . . . . . . . 355
Mobile audio/video. . . . . . . . . . 246 TRAFFIC FUNCTION . . . . . . . . . 355
Use of force - annual. . . . . . . . . 43 TRAFFIC OFFICER . . . . . . . . . . 355
RIDE-ALONG TRAFFIC SIGNAL . . . . . . . . . . . 291
Eligibility. . . . . . . . . . . . . 260 TRAINING
ROLL CALL TRAINING . . . . . . . . 248 Control devices. . . . . . . . . . . . 53
Crisis intervention incidents. . . . . . 347
S Custody. . . . . . . . . . . . . .
DWI enforcement. . . . . . . . . .
541
372
SAFE HAVEN . . . . . . . . . . . . 124 Fair and objective policing. . . . . . . 247
SAFETY Firearms. . . . . . . . . . . . . . 75
Firearms. . . . . . . . . . . . . . 74 First amendment assemblies. . . . . . 353
SCHOOL EMPLOYEE REPORTING . . . 209 Hate and prejudice crimes. . . . . . . 148
SCRAP METAL THEFT INVESTIGATION . 416 Immigration. . . . . . . . . . . . 289
SCRAP METAL THEFT INVESTIGATION . 385 Use of force. . . . . . . . . . . . . 42
SEARCH AND SEIZURE . . . . . . . . 100 TRAINING
SEARCHES . . . . . . . . . . . . . 542 Anti-Retaliation. . . . . . . . . . . 578
SEARCHING Criminal Organizations. . . . . . . . 308
Dead Bodies. . . . . . . . . . . . 186 SWAT. . . . . . . . . . . . . . . 253
SEAT BELT PROCEDURE . . . . . . . 684 TRAINING PLAN . . . . . . . . . . . 22
SECURITY EMPLOYMENT . . . . . . . 636 TRAINING POLICY . . . . . . . . . . 22
SHIFT SERGEANTS . . . . . . . . . . 309 TRAINING,
SHOOTING AT VEHICLES . . . . . . . 40 Searches. . . . . . . . . . . . . . 546
SICK LEAVE . . . . . . . . . . . . . 585 TRANSFER PROCESS . . . . . . . . . 571
SMOKING POLICY . . . . . . . . . . 596 TRANSPORTING PRISONERS . . . . . 684
SPIT HOODS . . . . . . . . . . . . . 47
STANDARDS OF CONDUCT . . . . . .
STANDBY . . . . . . . . . . . . . .
149
167
U
STRIP SEARCHES . . . . . . . . . . 544 UNIFORM REGULATIONS . . . . . . . 646
SUBPOENA DUCES TECUM . . . . . . 463 UNITY OF COMMAND . . . . . . . . . 18
SUBPOENAS . . . . . . . . . . . . . 169 UNLAWFUL ASSEMBLY . . . . . . . 351
SUBPOENAS . . . . . . . . . . . . . 167 URINE SAMPLE . . . . . . . . . . . 368
Acceptance. . . . . . . . . . . . . 168 USE OF FORCE . . . . . . . . . . . . 37
Failure To Appear. . . . . . . . . . 169 First amendment assemblies. . . . . . 351
SUPERVISION DEPLOYMENTS . . . . . 29 Forced samples. . . . . . . . . . . 369
SUPERVISION STAFFING LEVELS . . . . 29 UTILITY SERVICE . . . . . . . . . . 291
SUPPORT SERVICES . . . . . . . . . 452
SWEEPS . . . . . . . . . . . . . . . 286 V
VEHICLE MAINTENANCE . . . . . . . 426
T VEHICLES
Inventory. . . . . . . . . . . . . 364
TASER . . . . . . . . . . . . . . . . 55
Towing. . . . . . . . . . . . . . 362
TASER (TM) DEVICE . . . . . . . . . . 55
VIDEO RECORDINGS
TATTOOS . . . . . . . . . . . . . . 644
First amendment assemblies. . . . . . 348
TEAR GAS . . . . . . . . . . . . . . 51
TECHNOLOGY USE . . . . . . . . . .
TEMPORARY CUSTODY OF ADULTS . .
157
532 W
TEMPORARY MODIFIED-DUTY WARNINGS
ASSIGNMENTS . . . . . . . . . . . . 659 Shots. . . . . . . . . . . . . . . . 76
THEFT . . . . . . . . . . . . . . . 153 WASHING OF VEHICLES . . . . . . . 427
TRAFFIC WATER LINES . . . . . . . . . . . . 291
Collisions. . . . . . . . . . . . . 358 WORKERS' COMPENSATION . . . . . . 639

Department

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Brooklyn Center PD Policy Manual

LAW ENFORCEMENT CODE OF ETHICS

BLANK FOR MISSION STATEMENT

Law Enforcement Code of Ethics . . . . . . . . . . . . . . . . . . 1

Blank for Mission Statement . . . . . . . . . . . . . . . . . . . 2

Chapter 1 - Law Enforcement Role and Authority . . . . . . . . . . . . 8

Chapter 2 - Organization and Administration . . . . . . . . . . . . . 16

Chapter 3 - General Operations . . . . . . . . . . . . . . . . . . 36

Copyright Lexipol, LLC 2019/11/21, All Rights Reserved. Table of Contents - 3

321 - Report Preparation . . . . . . . . . . . . . . . . . . . 159

Chapter 4 - Patrol Operations . . . . . . . . . . . . . . . . . . 242

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422 - Shift Supervision . . . . . . . . . . . . . . . . . . . . 309

Chapter 5 - Traffic Operations . . . . . . . . . . . . . . . . . . 354

Chapter 6 - Investigation Operations . . . . . . . . . . . . . . . . 382

Chapter 7 - Equipment . . . . . . . . . . . . . . . . . . . . 418

Chapter 8 - Support Services . . . . . . . . . . . . . . . . . . 434

Copyright Lexipol, LLC 2019/11/21, All Rights Reserved. Table of Contents - 5

805 - Protected Information . . . . . . . . . . . . . . . . . . . 469

Chapter 9 - Custody . . . . . . . . . . . . . . . . . . . . . 531

Chapter 10 - Personnel . . . . . . . . . . . . . . . . . . . . 557

Copyright Lexipol, LLC 2019/11/21, All Rights Reserved. Table of Contents - 6

Copyright Lexipol, LLC 2019/11/21, All Rights Reserved. Table of Contents - 7

Chapter 1 - Law Enforcement Role and Authority

Law Enforcement Authority

100.2 PEACE OFFICER POWERS

100.2.1 ARREST AUTHORITY WITHIN THE JURISDICTION OF THE BROOKLYN CENTER

100.2.2 ARREST AUTHORITY OUTSIDE THE JURISDICTION OF THE BROOKLYN

Law Enforcement Authority

100.2.3 GRANTING AUTHORITY TO OTHERS

100.3 INTERSTATE PEACE OFFICER POWERS

100.4 CONSTITUTIONAL REQUIREMENTS

Chief Executive Officer

101.1.1 CHIEF LAW ENFORCEMENT OFFICER REQUIREMENTS

102.1.1 OATH OF OFFICE

102.1.2 MAINTENANCE OF RECORDS

Copyright Lexipol, LLC 2019/11/21, All Rights Reserved. Oath of Office - 12

Copyright Lexipol, LLC 2019/11/21, All Rights Reserved. Policy Manual - 13

Child- Any person under the age of 18 years.

Copyright Lexipol, LLC 2019/11/21, All Rights Reserved. Policy Manual - 14

USC- United States Code.

103.5 ISSUING THE POLICY MANUAL

103.6 PERIODIC REVIEW OF THE POLICY MANUAL

103.7 REVISIONS TO POLICIES

Copyright Lexipol, LLC 2019/11/21, All Rights Reserved. Policy Manual - 15

Chapter 2 - Organization and Administration

Organizational Structure and Responsibility

200.2.1 COMMUNITY SERVICES DIVISION

200.2.2 PATROL DIVISION

200.2.3 INVESTIGATION DIVISION

200.2.4 SUPPORT SERVICES DIVISION

Organizational Structure and Responsibility

200.3 COMMAND PROTOCOL

200.3.1 SUCCESSION OF COMMAND

200.3.2 UNITY OF COMMAND

200.3.4 UNLAWFUL AND CONFLICTING ORDERS

Organizational Structure and Responsibility

Departmental Directive and Special Orders

201.1.1 DEPARTMENTAL DIRECTIVES PROTOCOL