TO PROTECT WITH COURAGE

TO SERVE WITH COMPASSION

10-200 Investigative Procedures

10-201 ALLOCATION OF RESOURCES

(A-C)

Priority of investigation and allocation of resources must be based upon the relative seriousness and solvability of each reported crime. Reported crimes will be investigated to the fullest extent possible without regard to the status of the victims or the areas of the City in which the crime occurs. (04/01/93)

10-202 CONDUCT OF UNDERCOVER OFFICERS

(A-D)

In order to obtain information and evidence regarding criminal activities, the Department may utilize undercover officers. Such officers shall not intentionally engage in entrapment and shall not commit any act that constitutes a crime. (05/26/04)

10-202.01 IDENTIFICATION OF PLAINCLOTHES OR UNDERCOVER OFFICERS (05/26/04)

(A-D)

The quick and effective recognition of plainclothes or undercover officers is important for the safety of plainclothes or undercover officers, uniform officers responding to a scene, and the public.

Plainclothes or undercover officers are considered to be those who are not in full uniform while on duty. Plainclothes or undercover officers should always assume they are not identifiable or recognized by other responding officers. They should always announce their non-uniformed response to an incident by notifying MECC Dispatch, and give a general description of themselves and their squad or vehicle. When taking police action in plainclothes, officers shall display their badge or department-issued identification card. Whenever feasible, plainclothes officers should be wearing identifiable police jackets or vests when taking police action or at a crime or incident scene.

Due to the possibility that plainclothes or undercover officers are often not recognized by other officers, they shall obey all orders given to them by other officers—including orders to disarm themselves, place their hands in the air, or assuming other non-threatening positions.

When circumstances permit, the use of uniformed officers is required to make arrests, traffic stops, or investigatory stops. Per Section 9-301 of the MPD Policy & Procedure Manual, a uniformed officer shall be present when executing a search warrant.

All non-uniform officers participating in the execution of a search warrant shall wear an outermost garment with the word "POLICE" on it. (08/16/04)

10-202.02 SUPERVISOR RESPONSIBILITY FOR PLANNED UNDERCOVER OPERATIONS (05/26/04)

(A-D)

A supervisor shall approve and be present during all planned plainclothes or undercover details. Such details include controlled buys, prostitution stings, and buy busts. Confidential Informant (CI) buys are exempt from this policy. (08/16/04)

10-203 USE OF INFORMANTS AND IMMUNITY FROM PROSECUTION (07/06/06)

(A-D)

Often information from confidential sources is the investigative lead that solves a case and without it, there could not be a prosecution. Information is received by the Department regarding criminal activities and suspects from persons in all walks of life. Regardless of their motivation, the use of informants is a basic weapon in the fight against crime, and they are a judicially recognized source of information. An informant's motivation should be carefully evaluated in determining the reliability of the information. Informants will be managed in accordance with the MPD Managing Confidential Funds & Informants Manual. (1/31/02)

Informants will sometimes offer to exchange information for immunity, consideration in sentencing, or for their release from criminal charges. Such immunity or consideration may properly be granted only by the prosecuting authority and/or a judge in a judicial proceeding. Neither the MPD nor any of its members may promise any person immunity from prosecution or consideration in sentencing.

Any agreement to exchange information for release from arrest or for requesting special charging or sentencing consideration from the prosecuting authority or court, must have the approval of the Division Commander or Precinct Commander of the department employee making the agreement.

Additionally, informants shall be managed and agreements documented in accordance with the MPD Managing Confidential Funds & Informants Manual.

10-205 INTERVIEWING SUSPECTS IN HOSPITAL

(A)

When officers interview suspects who have been admitted to any hospital, prior permission must be obtained from the Administration Office of the hospital, the doctor in charge of the patient, or the head nurse. This does not pertain to suspects in emergency rooms being contacted by officers on immediate follow-up investigations.

Juveniles may be interviewed in hospitals with the hospital's permission, but only after an attempt has been made to also contact the parents for their permission. (04/01/93)

10-206 ELECTRONIC RECORDING OF CUSTODIAL INTERROGATIONS/INTERVIEWS (01/30/95) (09/13/04)

(A-C)

Officers shall electronically record all custodial interrogations/interviews of suspects when the questioning occurs at a place of detention, i.e., Hennepin County Adult Detention Center (HCADC), Juvenile Detention Center (JDC), or a MPD vehicle that is equipped with Mobile Video Recording (MVR) equipment, etc. Interrogation includes any information about rights, any waiver of those rights, and all questioning.

Upon completing an electronic recording of a custodial interrogation/interview, the tape(s) shall be property inventoried according to department procedures.

For further information regarding audio recordings of suspect interrogations/interviews in MVR-equipped vehicles, see Section 4-218 - Mobile Video Recording Equipment.

10-207 IDENTITY CONFRONTATIONS - LINEUPS

(A-B)

The proper procedure for an investigator who wishes to conduct a lineup is as follows:

  1. Notify the Hennepin County Adult Detention Center so that the Detention Center has time to arrange for suitable participants. Note: it will usually take them one complete day to prepare for the lineup. (04/01/93)
  2. When the Detention Center gives a date and time for the lineup, notify the Identification Division so that they can prepare to take photographs. (04/01/93)
  3. Notify the suspect, as soon as the date and time for the lineup is set, of the lineup and his/her right to have an attorney present during the lineup. Make sure the suspect understands this right. (04/01/93)
  4. Notify the suspect's attorney of the lineup. If the suspect does not have an attorney, notify the Public Defender's Office of the lineup. Make the notifications immediately after the Detention Center gives a date and time for the lineup. (04/01/93)
  5. If notifications have been properly made to the suspect's attorney and the attorney fails to show within a reasonable amount of time (one-half hour after the specified time), the lineup should proceed. (04/01/93)
  6. Persons appearing in the lineup shall be required to be identified by numbers starting with the far left being number one and going in numerical order to the right. The suspect or his/her attorney may request the position they want.
  7. Every reasonable effort must be made to allow a fair comparison including the use of Department employees and other volunteers for the lineup.
  8. Line-Up Identification Sheets (MPD 2005) and Line-Up Identity Confrontation Sheets (MPD 2020) shall be used and completed at each lineup.

Conducting a lineup is entirely a police activity. While attorneys may appear and observe, they have no right to interfere or disrupt the proceedings.

If a suspect has been released before a lineup can be held, he/she may voluntarily return for one or a court order may be obtained through the County Attorney's Office requiring submission to a lineup.

10-208 PHOTOGRAPHS – DYNAMIC IMAGING (12/15/95) (09/06/07)

Dynamic Imaging software is used by MPD to photograph employees, arrested juveniles and sex offenders; as well as to create photo line-ups, bulletins, PC pick-ups, and info sheets. Employees, arrested juveniles, and sex offenders may be photographed in the Crime Lab; only arrested juveniles shall be photographed in the Juvenile Unit during regular operating hours.

Case investigators have the ability to access these photos via the HenRAP photo database in order to generate photo line-ups, bulletins, PC pick-ups and info sheets. Requests for assistance generating these documents may be made to the Crime Lab in cases which technical or unique circumstances arise.

The Criminal History/Records Unit provides Minneapolis booking photos to the public for a fee. Investigators must call to notify the Criminal History/Records Unit if a photograph is not to be released to the public, and shall follow-up with a notification once the hold is lifted. Booking photos are available to case investigators upon request.

10-208.01 SEQUENTIAL IDENTIFICATION PHOTOGRAPHIC LINEUPS (10/14/05)

(A-B)

A. Create a Lineup

  1. Use the existing Minneapolis Repository Arrest Photos (M-RAP) or the Hennepin Repository Arrest Photos (Henn-RAP) parameters. These defaults include age, skin tone, complexion, hairstyle, facial hair, build, glasses, eye color, backdrop, and color or black and white photos. If there is no booking photo for the suspect in M-RAP/H-RAP, use pictures from Driver’s License, I.D. Cards, or booking photographs from other agencies. If a non-standard photo-lineup is created, make sure all photos are of similar characteristics.
  2. Jail markings, booking information, or other identification markings should be removed or covered.
  3. Use six photos.
  4. Create photos that can be viewed individually:
    • Print single photos;
    • Number each photo in order at the bottom of photo;
    • Cut up a six-photo printout into individual photos;
    • Download the electronic photo files into a single photo slideshow on PowerPoint (or similar program).
  5. Preserve a copy of the photos in the order in which they were displayed.

Note: Officers must avoid using the term "mugshot" when referring to photos.

B. Conduct the Lineup

  1. Interview witnesses in private, apart from other witnesses.
  2. Ask the witnesses not to discuss their identification or lack of identification with other witnesses (especially before the witness gives a statement concerning the identification).
  3. Make sure the witness understands the suspect "may or may not" be in the lineup. A standardized advisory shall be given to the witness prior to viewing. Complete the "Sequential Line-up Photo Identification Report" (form MP-9017) and orally give the following advisory: You will be viewing a series of photographs. The person in this case may or may not be present in these photographs. Take as much time as you need, but only look at one photograph at a time. Please remember that the photograph may not be current– clothing, facial hair, length of hair, etc., may have changed. Each photograph is assigned a number that appears on the bottom of the photo. If you are able to identify the person, indicate to me using the number assigned to that photograph.
  4. If the witness is looking at photos in a way that the officer can see the photos as well, use an officer who does not know who the suspect is to show the photos.
    • The witnesses should be told the second officer doesn't know if a suspect is in the photos;
    • The investigating officer should remain out of view during the viewing. That officer should be available for questions during the viewing.
  5. If the photos are shown in a way that the officer cannot see the photos, the investigating officer may administer the viewing. The witness should be told the officer does not know the order in which the photos are shown.
  6. The photos should be displayed one at a time with all other photos out of sight.
  7. The witness may look at the photos more than once, but they should be shown in the same order. The number of times the photos are shown should be recorded in the officer's report on the lineup form. Ordinarily, the witness should not be allowed to look at the set of photos more than three times.
  8. The witness should not be told, however, that there is a limit to the number of times the photos will be shown.
  9. The witness may take as long as needed to view each photo.
  10. Even if a witness identifies a particular photo before looking at the whole set, the witness should view all of the photos.
  11. During the display, the officer should do nothing to encourage or discourage the witness to focus on a particular photo.

C. Complete the "Sequential Line-up Photo Identification Report" and a supplement.

The supplement of the administrating officer and the assigned investigator should include the following:

D. Exceptions

Sequential identification should be used in every case unless an officer can document an applicable exception. If an exception applies, the officer's report should note the reason in a report. Exceptions include:

  1. Children under 12 years of age.
  2. Administrative necessity
    1. No officer is available who does not know the suspect’s identity.
    2. Multiple witnesses outnumber the number of officers with no knowledge of the suspect’s identity.
  3. Uncooperative witness: The witness is likely to fail to cooperate if suddenly exposed to a new officer (because of fear, membership in the criminal community, or other reason).
  4. Victim vulnerability: The victim is infirm because of age or mental condition.

10-209 ISSUANCE OF WANTED BULLETINS

(A-B)

Wanted bulletins will only be issued for probable cause or on warrant. The following are the requirements:

  1. Approval of the commanding officer or a designee prior to issuance.
  2. Bulletins can be issued for a maximum of sixty days.
  3. Bulletins will be self-canceling on the expiration date.
  4. Extension of a bulletin may be obtained from the Chief or Deputy Chief of Investigations with a signed approval.
  5. When a Probable Cause Arrest Bulletin (MPD-3003) is issued, a copy of the Probable Cause statement justifying its issuance must be attached to the copy of the bulletin that is filed in the Transcription Unit. It is the responsibility of the officer issuing the bulletin to ensure that the Probable Cause statement is attached to it. (12/18/92)

10-209.01 TEMPORARY WANTED PERSON FILE - FELONY ONLY (08/05/92)

(A-B)

A temporary felony wanted person record may be entered into the CJIS/NCIC system to establish a "wanted person" record. This file may be used when prompt action is needed to apprehend a person (including a juvenile) who has committed, or the requesting officer has reasonable grounds to believe has committed, a felony.

Requests for entries shall be restricted to MPD Watch Commanders, investigators, and precinct lieutenants. It is the requesting officer's responsibility to supply the MECC supervisors with all available information for entry utilizing the Request for Temporary Felony or Vehicle Want Entry - CJIS/NCIC form (MP-6449).

A temporary felony want record must be specifically identified as such. A warrant for the arrest of the individual must be obtained as soon as possible and thereafter, the temporary want record must be canceled. A temporary felony want record will be automatically removed from the file after a period of 48 hours.

10-209.02 TEMPORARY FELONY VEHICLE FILE (08/05/92)

(A-B)

Any vehicle used in the commission of a felony may be immediately entered into the CJIS/NCIC stolen vehicle file providing the whereabouts of the vehicle is unknown. The unrecovered felony vehicle record will remain on file for a maximum of thirty (30) days, after which the entry will be removed from the file by MECC personnel.

Requests for entries shall be restricted to MPD Watch Commanders, investigators, and precinct lieutenants. It is the requesting officer's responsibility to supply the MECC supervisor with all available information for entry utilizing the Request for Temporary Felony or Vehicle Want Entry - CJIS/NCIC form (MP-6449).

10-210 MAINTENANCE OF FILES AND GENERAL DISTRIBUTION OF WANTED BULLETINS

(A-B)

The issuing authority will maintain a file of all active bulletins issued by them. This active file will be reviewed daily by the commanding officer or a designee.

Requests for distribution of copies will be the responsibility of the issuing authority. Distribution shall be made by the Transcription Unit.

10-211 REVIEW OF WANTED BULLETINS

(A-B)

"Probable Cause" wanted bulletins shall be reviewed by the issuing authority at least five days prior to expiration to determine if it should be allowed to expire, if it should be reissued in the form of a warrant or if there is a need for an extension.

"Warrant" wanted bulletins shall be reviewed at least once every four months to determine if information should be added, corrected or deleted or if the bulletin should be canceled.

10-212 CANCELLATION OF WANTED BULLETINS

(A-B)

Request for distribution of cancellation of wanted bulletins is the responsibility of the issuing authority. Distributions shall be made through the Transcription Unit.

10-213 ADMINISTRATIVE SUBPOENAS (01/26/90)

The county attorney has the authority to subpoena records relevant to law enforcement investigations. Records may be obtained from telephone companies, utilities, chemical suppliers, hotels and motels and businesses engaged in transportation, storage and delivery. (Minn. Stat. §388.23)

Guidelines to utilize this Administrative Subpoena power for cases under investigation have been provided to the department by the Hennepin County Attorney. See the section titled Requests for Normal and After-Hours Administrative Subpoenas.

For Qwest Communications subpoena processing information, see section titled Qwest Communications Subpoenas, Search Warrants and Court Orders. (11/06/07)

10-213.01 REQUEST FOR NORMAL & AFTER-HOURS ADMINISTRATIVE SUBPOENAS (01/26/90)

Procedures for requesting an Administrative Subpoena are as follows:

  1. Complete a Request for Administrative Subpoena form (MP-3605).
  2. Complete the Administrative Subpoena form (MP-3404).
  3. NORMAL SUBPOENA: Present the Request for Administrative Subpoena and the Administrative Subpoena forms to a senior attorney in the Hennepin County Attorney's Office. The attorney who signs the subpoena will retain the original request form and a copy of the issued subpoena.

    AFTER-HOURS SUBPOENA: Call one of the senior attorneys authorized to approve an after-hours subpoena. (Investigative unit supervisors have a list of attorneys.) Advise the attorney of the situation and provide all necessary information. The attorney, upon satisfaction that the statutory requirements are met, will authorize the subpoena, over the telephone. THE OFFICER MUST NOTE THE AUTHORIZATION on the Administrative Subpoena by noting both the officer's and attorney's names, the date and time, and the fact that it was authorized by telephone on the subpoena. The next working day a completed copy of both the Request for Administrative Subpoena form and the Administrative Subpoena must be delivered to the senior attorney who authorized it.

    Telephonic (after-hours) Administrative Subpoena authorization is limited to those situations that cannot wait until the next business day. Also keep in mind that most records available through an Administrative Subpoena will only be accessible during normal business hours.
  4. Present a copy of the subpoena to the person or business that has custody of the records to be subpoenaed.
  5. If necessary, at the time of service, the original signed subpoena may be used to display the signature, and then must be placed in the investigative file.
  6. If the person or business subpoenaed refuses to provide the subpoenaed records, contact the Hennepin County attorney who signed the subpoena. That attorney will then prepare a court order to compel production of the records.

Request for Administrative Subpoenas (MP-3605) and Administrative Subpoena (MP- 3404) forms may be obtained from MPD Stores.

10-213.02 QWEST COMMUNICATIONS - SUBPOENAS, SEARCH WARRANTS, COURT ORDERS (01/26/90)

Qwest Communications requires an Administrative Subpoena, Search Warrant or Court Order prior to the release of any non-published customer record information. (11/06/07)

To secure non-published customer record information in an emergency situation, a properly executed Administrative Subpoena, Search Warrant or Court Order may be presented or faxed to the Qwest Communications Security Office. (Investigative unit supervisors have a listing of normal and after hours contacts.) When an After-Hours Administrative Subpoena or other document is faxed, a copy of the document must be mailed to the Qwest Communications Security Office the next business day. (11/06/07)

NOTE: Qwest Communications will continue to provide information in connection with an emergency 911 trace. (11/06/07)

10-214 36-HOUR HOLD AND 48 HOUR HOLD RULES (04/01/93)

(A-B)

The 36-hour rule means that an arrested party must have been charged or released from custody no more than 36 hours from the time he was arrested. The 36 hours exclude the day of the arrest, Sundays and holidays. The clock for the 36-hour rule starts running at 0001 hours on the day following the arrest. The County Attorney, in extremely significant cases, may be able to petition to the court to extend the 36-hour rule. This extension can only be authorized through the County Attorney's Office.

The 48-hour rule means that all warrantless arrests on "Probable Cause" must have a judicial review within 48 hours of the arrest if we are going to continue to detain the arrestee. The 48-hour rule goes into effect at the instant the suspect is notified of being placed under arrest (not the time of the booking or time the reports are made). This rule does not replace the 36-hour rule; it is a separate rule and both rules must be followed. Investigators should note that in some cases, the 36-hour hold period is longer than the 48-hour period.

If, in the normal course of an investigation, an investigator presents the case to the County Attorney's Office, a complaint is drafted, sworn to and signed before the Court, within the 48 and 36-hour period, no separate judicial review is required.

If, however, a judicial review of "Probable Cause to Detain" becomes necessary as a result of the 48-hour rule, it is the investigator's responsibility to bring this to the attention of the County Attorney's Office and to supply them with the documentation needed to support the "Probable Cause" for the arrest and continued detention.

During business hours, as soon as an investigator realizes that the judicial review of the "Probable Cause" for arrest is necessary under the 48-hour rule, to continue detention through the duration of the 36-hour rule period, he/she shall deliver to the Hennepin County Attorney's Office supporting documentation. The Hennepin County Attorney's staff will obtain judicial review of these cases and fax copies back to the investigator of the Court's decision. If the Court makes a finding of "Probable Cause" and approves continued detention, it is the responsibility of the investigator to notify the Hennepin County Jail. If the court does not find "Probable Cause" and will not approve continued detention, the investigator shall release the arrestee as appropriate (no charge, pending complaint, tab charge, etc.).

On Saturdays, the Investigative unit representative and the duty officer will evaluate all "Probable Cause" holds. On Sundays and holidays, the Day Watch Watch Commander will conduct the review of "Probable Cause" holds. In juvenile cases, juvenile investigators have exclusive responsibility for handling the arrest and all "Probable Cause" determinations.

It is the responsibility of the Juvenile Division investigator to notify the Hennepin County Juvenile Detention Center of the continued detention or release of a suspect after the "Probable Cause" hearing.

10-215 USE OF DNR / TRAP AND TRACE DEVICE (03/21/95) (11/06/07)

All officers and investigators needing to have a Dialed Number Recorder/DNR (pen register) or Trap and Trace device utilized as a resource for an ongoing investigation shall notify the Organized Crime Unit Technical Support Section of their intent before a court order is signed. This will allow Technical Support Section personnel to obtain the proper equipment before the court order is activated, and will serve to keep a record of the unit to be billed.

Prior to a DNR (pen register) or Trap and Trace order, the officer/investigator shall subpoena the phone company of record to ensure the proper company is served with the Trap and Trace order.

The officer/investigator shall forward a copy of the signed court order to the Technical Support Section prior to the DNR (pen register) or Trap and Trace being installed.

After being contacted, the Technical Support Section will furnish the officer/investigator with the requested reports.

10-216 STATE ADMINISTRATIVE FORFEITURE (03/01/2011)

I. POLICY

It shall be the policy of the Minneapolis Police Department (MPD) that all employees of this agency, all MPD employees assigned to another law enforcement agency’s task force and all employees assigned from an outside law enforcement agency to a task force in which the MPD serves as the fiscal agent, shall follow all state and federal laws pertaining to the processing of property seized for forfeiture.

Training will be provided by the MPD in consultation with the prosecuting authority to officers who may exercise the use of administrative forfeiture in the performance of their assigned duties.  Such training is to be conducted whenever the agency policy is changed or modified based upon administrative directives, legislative statutes changes and/or relative court decisions. Training may include, but not be limited to: agency policy, directives, electronic or traditional classroom education.

II. 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. Does not include personal checks.

Conveyance Device: A device used for transportation and includes but is not limited to a motor vehicle, trailer, bicycle, snowmobile, airplane or vessel and any equipment attached to it. The term "conveyance device" does not include property, which is, in fact, itself 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, fire arm optics, suppression devices, cleaning supplies, etc.

Forfeiture: The process by which legal ownership of an asset is transferred to a government or other authority.

Forfeiture/Seized Property Reviewer: An Agency employee responsible for reviewing all forfeiture cases and is the liaison between the Agency and prosecutor’s office.

Forfeiture Submission form: Form mandated by state statute, completed by officers and submitted to the Forfeiture/Seized Property Reviewer.

Notice of Seizure and Intent to Forfeit Property form: Form completed by officers at the time of property seizure; to be distributed as directed on the form. Notice of Seizure and Intent to Forfeit Property forms are available for seizures made specific to: Controlled Substance Crime, Impaired Operation, Prostitution, Drive by Shooting and Fleeing Police Officer.

Jewelry/Precious Metals/Precious Stones: The term "precious metals/precious stones" 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 Inventory form: Form completed upon property inventory at the Property and Evidence Unit. Original copy is maintained by the Property and Evidence Unit.

Property Receipt form: Triplicate form completed by officers at the time of property seizure; to be distributed as directed on the form.

Seizure: The act of law enforcement officials taking property, including cash, vehicles, etc. that has been used in connection with or acquired by illegal activities.

III. PROCEDURES / RULES / REGULATIONS

A. Administrative Forfeiture Procedure – Controlled Substance Crimes

  1. The following property may be seized and is presumed under MN STAT 609.5314 ADMINISTRATIVE FORFEITURE OF CERTAIN PROPERTY SEIZED IN CONNECTION WITH A CONTROLLED SUBSTANCES SEIZURE to be subject to administrative forfeiture if the item has a retail value of greater than $300.00 and less than $50,000.00:
    1. All money, precious metals and precious stones found in proximity to controlled substances;
    2. All conveyance devices containing controlled substances with retail value of $100 or more if possession or sale of the controlled substance would be a felony under MN STAT Chapter 152, DRUGS, CONTROLLED SUBSTANCES.
    3. All firearms, ammunition and firearm accessories found:
      • in a conveyance device used or intended for use to commit or facilitate the commission of a felony offense involving a controlled substance;
      • on or in proximity to a person from whom a felony amount of controlled substance is seized; or
      • 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 MN STAT Chapter 152.
  2. When any property as described in the above section is seized, the peace officer making the seizure must prepare the following documents for each person whom property is being seized from:
    • The "Notice of Seizure and Intent to Forfeit Property - Controlled Substance Crimes" form. This form must be completed to include the following:
    • a list describing each item seized
    • the name of the individual served with the Notice
    • location of seizure
    • date of seizure
    • agency case number
    • signature, date, and location where notice was served (written by the peace officer conducting the seizure).
    • Property Receipt Form. This form must be completed in detail in its entirety. (In addition to the Page 5, when applicable.)
    • Forfeiture Submission Form. This form must be completed in detail in its entirety. Note: Referencing a report is not enough.
    • CAPRS report and supplement explaining probable cause for the seizure to include type and weight of controlled substance and result of field test(s). ( See also, H. Administrative Forfeiture - Report Writing Requirements
  3. The individual whom property is being seized from must be given an opportunity to sign the seizure notice form.
    • If the person refuses, the peace officer conducting the seizure must check the appropriate box indicating the refusal to sign.
  4. A copy of the Notice of Seizure and Intent to Forfeit Property Controlled Substance Crimes form and a copy of the Property Receipt shall be given to the individual served.
  5. All property subject to and being processed for forfeiture through the agency must be held in the custody of the agency.
  6. The officer conducting the seizure shall forward the following to the Forfeiture/Seized Property Reviewer within 5 days of seizure:
    • Notice of Seizure and Intent to Forfeit Property Controlled Substance Crimes form (original and pink copies)
    • Property Receipt form (original and pink copies)
    • Forfeiture Submission form

B. Administrative Forfeiture of Cash Procedure – Controlled Substance Crimes

  1. Cash will not be seized if it has an aggregate value less than $300.00 unless pre-recorded buy funds are included in the cash seized.
  2. Officers shall examine all cash seized to determine whether it contains any buy funds. When buy funds are recovered:
    1. Photocopy the recovered buy funds and property inventory the photocopy.
    2. Return recovered buy funds to the appropriate unit’s buy fund account.
    3. Document in the CAPRS report under correct CCN that buy funds were recovered.
  3. Cash shall be recounted and the amount verified by another employee of the MPD. The cash envelope and/or inventory receipt shall then be co-signed.
    • If a discrepancy is found, the Notice of Intent to Forfeit Property Controlled Substance Crimes form and the Property Receipt form must be reissued.
  4. All forfeitable cash seized will be property inventoried at the Property and Evidence Unit in accordance with Policy and Procedure Manual Section 10-401 Responsibility for Inventory of Property and Evidence.
    1. If cash is seized from multiple individuals, a Property Inventory form will be completed for each individual.
    2. The Property Inventory form shall specify the total amount of cash seized from each individual.
    3. The Property Inventory form shall also contain a detailed description of all checks, money orders and/or travelers checks or other financial instruments.

C. Administrative Forfeiture of Property other than Cash – Controlled Substance Crimes

  1. Seized jewelry, precious metals and/or precious stones shall be property inventoried at the property/evidence room in accordance with Policy and Procedure Manual Section 10-401 Responsibility for Inventory of Property and Evidence.
  2. Forfeiture of Conveyance Device
    1. Upon seizure for forfeiture, all conveyance devices shall immediately be either taken to a secure designated area or to an agency approved impound facility.
    2. Officers shall inventory the conveyance device and its contents in accordance with applicable MPD policies.
    3. If the driver, who received a seizure notice, is not the registered owner according to MN DVS, the Forfeiture/Seized Property Reviewer will serve the registered owner a seizure notice via certified mail pursuant to MN STAT 169A.63 subd. 8(b) VEHICLE FORFEITURE, ADMINISTRATIVE FORFEITURE PROCEDURE.
  3. Seized firearms, ammunition or firearms accessories shall be property inventoried in accordance with Policy and Procedure Manual Section 10-400 Property and Evidence.

D. Administrative Forfeiture Procedure – Prostitution

  1. Vehicles may be seized and are presumed under MN STAT 609.5312 FORFEITURE OF PROPERTY ASSOCIATED WITH DESIGNATED OFFENSES to be subject to administrative forfeiture if the vehicle was used to commit or facilitate, or used during the commission of a violation of MN STAT. 609.324 PATRONS; PROSTITUTES; HOUSING INDIVIDUALS ENGAGED IN PROSTITUTION; PENALTIES.
  2. Seizure of the vehicle in prostitution offense may be seized only if registered owner of vehicle is present.
  3. When a vehicle is seized for prostitution, the peace officer making the seizure must complete the "Prostitution Arrests - Notice of Seizure of Motor Vehicle" form. This form must be completely filled out and issued immediately.
  4. The individual from whom the property is being seized must be given an opportunity to sign the seizure notice form.
    • If the person refuses, the peace officer conducting the seizure must acknowledge on the form, the refusal to sign.
  5. The form shall be immediately distributed as directed on the form as the vehicle owner is entitled to a hearing within 96 hours, per MN STAT 609.5312 subd 3(b) FORFEITURE OF PROPERTY ASSOCIATED WITH DESIGNATED OFFENSES, VEHICLE FORFEITURE FOR PROSTITUTION OFFENSES.
    • Fax to Minneapolis City Attorney’s office
    • Fax to Minneapolis Property and Evidence Unit
    • White copy to Forfeiture/Seized Property Reviewer
    • Yellow copy to registered owner of vehicle
  6. If the driver, who received a seizure notice, is not the registered owner according to MN DVS, the Forfeiture/Seized Property Reviewer will serve the registered owner a seizure notice via certified mail pursuant to MN STAT 169A.63 subd. 8(b) VEHICLE FORFEITURE, ADMINISTRATIVE FORFEITURE PROCEDURE.

E. Administrative Forfeiture Procedure – Impaired Operation (DUI)

  1. Vehicles may be seized and are presumed under MN STAT 169A.63 Subd 2 VEHICLE FORFEITURE, SEIZURE to be subject to administrative forfeiture incident to a lawful arrest for the violation of a designated drinking and driving offense.
  2. When a vehicle is seized for impaired operation, the peace officer making the seizure must complete the "Impaired Operation - Notice of Intent to Administratively Forfeit Vehicle" form. This form must be completely filled out.
  3. The individual from whom the property is being seized must be given an opportunity to sign the seizure notice form.
    • If the person refuses, the peace officer conducting the seizure must acknowledge on the form, the refusal to sign.
  4. The form shall be distributed as directed on the form.
    • White and Pink copies to Forfeiture/Seized Property Reviewer
    • Yellow copy to driver of vehicle
  5. If the driver, who received a seizure notice, is not the registered owner according to MN DVS, the Forfeiture/Seized Property Reviewer will serve the registered owner a seizure notice via certified mail pursuant to MN STAT 169A.63 subd. 8(b) VEHICLE FORFEITURE, ADMINISTRATIVE FORFEITURE PROCEDURE.

F. Administrative Forfeiture Procedure – Flee in Motor Vehicle

  1. Vehicles may be seized and are presumed under MN STAT 609.5312 FORFEITURE OF PROPERTY ASSOCIATED WITH DESIGNATED OFFENSES to be subject to administrative forfeiture if the vehicle was used to commit or facilitate, or used during the commission of a violation of MN STAT. 609.487 FLEEING PEACE OFFICER; MOTOR VEHICLE; OTHER.
  2. When a vehicle is seized for fleeing a police officer, the peace officer making the seizure must complete the "Notice of Seizure Motor Vehicle Fleeing Police Officer" form. This form must be completely filled out and issued immediately.
  3. The individual from whom the property is being seized must be given an opportunity to sign the seizure notice form.
    • If the person refuses, the peace officer conducting the seizure must acknowledge on the form, the refusal to sign.
  4. The form shall be immediately distributed as directed on the form as the vehicle owner is entitled to a hearing within 96 hours, per MN STAT 609.5312 subd 4(b) FORFEITURE OF PROPERTY ASSOCIATED WITH DESIGNATED OFFENSES, VEHICLE FORFEITURE FOR FLEEING PEACE OFFICER.
    • Fax to Hennepin County Attorney’s office
    • Fax to Forfeiture/Seized Property Reviewer
    • Copy to driver of vehicle
  5. If the driver, who received a seizure notice, is not the registered owner according to MN DVS, the Forfeiture/Seized Property Reviewer will serve the registered owner a seizure notice via certified mail pursuant to MN STAT 169A.63 subd. 8(b) VEHICLE FORFEITURE, ADMINISTRATIVE FORFEITURE PROCEDURE.

G. Administrative Forfeiture Procedure – Drive by Shooting

  1. Vehicles may be seized and are presumed under MN STAT 609.5318 FOREFEITURE OF VEHICLES USED IN DRIVE-BY SHOOTINGS to be subject to administrative forfeiture if the vehicle was used to commit or facilitate, or used during the commission of a violation of MN STAT. 609.66 subd. 1(e) DANGEROUS WEAPONS, FELONY; DRIVE-BY SHOOTING.
  2. When a vehicle is seized for drive by shooting, the peace officer making the seizure must complete the "Notice of Seizure Motor Vehicle Used in Drive by Shooting - Vehicles Used in Violation of MN STATUTES, Section 609.66 Subd. 1E" form. This form must be completely filled out.
  3. The form shall be distributed as follows:
    • White and pink copies to Forfeiture/Seized Property Reviewer
    • Yellow copy to driver of vehicle
  4. If the driver, who received a seizure notice, is not the registered owner according to MN DVS, the Forfeiture/Seized Property Reviewer will serve the registered owner a seizure notice via certified mail pursuant to MN STAT 169A.63 subd. 8(b) VEHICLE FORFEITURE, ADMINISTRATIVE FORFEITURE PROCEDURE.

H. Administrative Forfeiture - Report Writing Requirements

  1. The Officer/Investigator seizing property shall complete a CAPRS supplement under the appropriate CCN.
  2. The supplement(s) must include a description of:
    • the items seized,
    • where the property is inventoried,
    • the name(s) of the individual(s) served,
    • the date the seizure form was served,
    • the name of the serving peace officer and
    • Whether or not the individual(s) signed the Notice of Seizure and Intent to Forfeit Property form.
  3. When practical, all reports dealing with seized property shall be completed within 24 hours of the seizure.

Last updated May. 15, 2013