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RESO 24-085 - Attachment - Golden Valley Police Department PolicyGolden Valley Police Department Policy Manual Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Chief’s Preface - 1 CHIEF’S PREFACE This policy manual sets forth the standards, values, and expectations of the Golden Valley Police Department. Its policies, procedures, core values, and mission and priority statements exist to maintain high levels of professional conduct and are the embodiment of the Department's concerns for ensuring effective, safe, and constitutional law enforcement. The Manual is intended to provide specific guidance and to serve as a reference for employees of the Golden Valley Police Department. It is the responsibility of each member of the Department to comply with the Manual's rules and provisions. To the extent that Department policy may contain provisions more restrictive than state or federal law, such provisions are not intended, nor may they be construed or applied, to create a basis for liability against the City or any of its employees. Change in law enforcement is both constant and imminent. As your Chief, I feel a profound sense of humility and pride in the opportunity to share in this growth with each of you. It is truly through your daily dedication, vigilance, and commitment to the citizens we serve that we are able to accomplish the vision set forth in our Mission Statement. A fundamental component of earning public trust includes not only transparency but also the ability to form partnerships under which the safety and security of our community will continue to #ourish. Such are our aspirations in the publication of this policy manual. Our great nation was founded upon principles of inalienable rights, and the authority vested upon us as law enforcement officers to abridge those rights necessitates acting within the framework of established jurisprudence. This framework would be incomplete without the establishment of policies to provide guidance thereby ensuring law enforcement service in a consistent and just manner to all. The rules and regulations detailed in this policy manual have been adopted to provide guidance and information for all members of this department. The law enforcement profession is a noble and honorable calling that requires integrity, dedication, and a commitment to serve our community. The contents of this policy manual will assist you in making proper ethical decisions and will help you fulfill a satisfying and successful career. The standards of conduct to which we hold ourselves responsible as outlined herein govern not only the aspects of our day-to-day operations, but also form the foundation of our service and accountability to the citizens we serve. With this full revision to our existing policy manual, we continue an ongoing process of advancement and growth as a professional law enforcement agency. We also re-affirm our commitment to making this Department an organization of which every member should be proud of. As your chief I am honored to serve with a group of professionals who commit themselves daily to serving with integrity, respect, and professionalism. The policies are reviewed frequently, and changes occur often. Thank you for the opportunity to serve you. Virgil L. Green Sr. Chief of Police Golden Valley Police Department Policy Manual Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Law Enforcement Code of Ethics - 2 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. Golden Valley Police Department Policy Manual Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Mission Statement - 3 MISSION STATEMENT The Golden Valley Police Department (GVPD) provides law enforcement and progressive community service, including patrol, investigation of crimes, and crime prevention. Golden Valley Police Department Policy Manual Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Table of Contents - 4 Table of Contents Chief’s Preface ........................ 1 Law Enforcement Code of Ethics .................. 2 Mission Statement ....................... 3 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 - Special Order ...................... 19 202 - Emergency Operations Plan ................. 20 203 - Training ....................... 21 204 - Electronic Mail ..................... 24 205 - Administrative Communications ................ 26 206 - Supervision Staffing Levels ................. 27 207 - Retiree Concealed Firearms ................. 28 208 - Handgun Purchase and Transfer Permit ............. 31 Chapter 3 - General Operations .................. 33 300 - Use of Force ...................... 34 301 - Handcuffing and Restraints ................. 44 302 - Control Devices ..................... 49 303 - Conducted Energy Device .................. 54 304 - Officer-Involved Shootings and Deaths .............. 61 305 - Firearms ....................... 70 306 - Vehicle Pursuits ..................... 80 307 - Officer Response to Calls .................. 93 308 - Domestic Abuse ..................... 97 309 - Search and Seizure ................... 105 310 - Temporary Custody of Juveniles ............... 107 311 - Adult Abuse ...................... 116 312 - Discriminatory Harassment ................. 121 313 - Child Abuse ...................... 126 314 - Missing Persons .................... 135 315 - Public Alerts ...................... 145 316 - Victim and Witness Assistance ................ 149 317 - Hate or Prejudice Crimes ................. 152 318 - Standards of Conduct ................... 155 319 - Information Technology Use ................. 162 Golden Valley Police Department Policy Manual Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Table of Contents - 5 320 - Report Preparation ................... 166 321 - Media Relations .................... 171 322 - Court Appearance and Subpoenas .............. 174 323 - Part-Time Officers .................... 176 324 - Outside Agency Assistance ................. 180 325 - Registered Predatory Offender ................ 182 326 - Major Incident Notification ................. 189 327 - Death Investigation ................... 191 328 - Identity Theft ..................... 195 329 - Citizens Arrest ..................... 196 330 - Limited English Proficiency Services .............. 198 331 - Communications with Persons with Disabilities ........... 206 332 - Pupil Arrest Reporting .................. 214 333 - Biological Samples ................... 215 334 - Chaplains ...................... 217 335 - Public Safety Video Surveillance System ............ 223 336 - Child and Dependent Adult Safety ............... 228 337 - Service Animals .................... 232 338 - Native American Graves Protection and Repatriation ......... 235 339 - Off-Duty Law Enforcement Actions .............. 237 340 - Community Relations ................... 239 341 - Extreme Risk Protection Orders ............... 244 Chapter 4 - Patrol Operations .................. 248 400 - Patrol Function ..................... 249 401 - Anti-Racial and Bias-Based Policing .............. 252 402 - Roll Call Training .................... 256 403 - Crime and Disaster Scene Integrity .............. 257 404 - Special Weapons and Tactics ................ 259 405 - Ride-Along Policy .................... 270 406 - Hazardous Material Response ................ 273 407 - Hostage and Barricade Incidents ............... 275 408 - Response to Bomb Calls .................. 279 409 - Civil Commitments .................... 284 410 - Citation Releases .................... 287 411 - Foreign Diplomatic and Consular Representatives .......... 289 412 - Rapid Response and Deployment ............... 293 413 - Immigration Violations .................. 296 414 - Emergency Utility Service ................. 298 415 - Aircraft Accidents .................... 300 416 - Field Training Officer Program ................ 304 417 - Obtaining Air Support ................... 307 418 - Contacts and Temporary Detentions .............. 308 419 - Criminal Organizations .................. 312 420 - Shift Sergeants ..................... 316 421 - Mobile Video Recorders .................. 317 422 - Mobile Digital Computer Use ................ 324 Golden Valley Police Department Policy Manual Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Table of Contents - 6 423 - Public Recording of Law Enforcement Activity ........... 327 424 - Bicycle Patrol Unit .................... 330 425 - Foot Pursuits ..................... 333 426 - Automated License Plate Readers (ALPR) ............ 338 427 - Persons Experiencing Homelessness .............. 342 428 - Criminal Conduct on School Buses .............. 345 429 - Suspicious Activity Reporting ................ 346 430 - Medical Aid and Response ................. 348 431 - Crisis Intervention Incidents ................. 353 432 - First Amendment Assemblies ................ 359 433 - Civil Disputes ..................... 368 434 - Medical Cannabis .................... 371 435 - Body-Worn Cameras ................... 374 Chapter 5 - Traffic Operations .................. 385 500 - Traffic Function and Responsibility .............. 386 501 - Traffic Collisions .................... 389 502 - Vehicle Towing ..................... 393 503 - Impaired Driving .................... 396 504 - Traffic Citations ..................... 403 505 - Disabled Vehicles .................... 407 506 - Abandoned Vehicle Violations ................ 408 Chapter 6 - Investigation Operations ................ 410 600 - Investigation and Prosecution ................ 411 601 - Sexual Assault Investigations ................ 415 602 - Asset Forfeiture .................... 416 603 - Informants ...................... 423 604 - Eyewitness Identification .................. 430 605 - Brady Material Disclosure ................. 434 606 - Unmanned Aerial System ................. 437 607 - Warrant Service .................... 442 608 - Operations Planning and Deconfliction ............. 447 609 - Scrap Metal Theft Investigation ................ 453 610 - Forensic Genetic Genealogy ................ 455 Chapter 7 - Equipment .................... 459 700 - Department-Owned and Personal Property ............ 460 701 - Personal Communication Devices ............... 463 702 - Vehicle Maintenance ................... 468 703 - Vehicle Use ...................... 471 704 - Assigned Patrol Use Vehicle Policy .............. 478 705 - Cash Handling, Security and Management ............ 482 706 - Personal Protective Equipment ................ 484 Chapter 8 - Support Services .................. 489 800 - Crime Analysis ..................... 490 Golden Valley Police Department Policy Manual Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Table of Contents - 7 801 - Property and Evidence Room ................ 492 802 - Records ....................... 503 803 - Records Maintenance and Release .............. 506 804 - Protected Information ................... 513 805 - Animal Control ..................... 517 Chapter 9 - Custody ..................... 520 900 - Temporary Custody of Adults ................ 521 901 - Custodial Searches ................... 532 902 - Prison Rape Elimination .................. 538 Attachments ........................ 548 MN POST_ Professional Conduct of Peace Officers Model Policy.pdf ...... 549 Model Sexual Assault Investigation Policy 03-03-21.pdf .......... 550 MN Public Assembly-First Amendment Rights Model Policy .pdf ....... 551 MN POST Professional Conduct of Peace Officers Model Policy.pdf ...... 552 Confidential Informants Model Policy .pdf ............... 553 Model Sexual Assault Investigation Policy 02.16.21.pdf .......... 554 Model Sexual Assault Investigation Policy.pdf ............. 555 Eyewitness Identification Procedures Model Policy.pdf .......... 556 Golden Valley Police Department Policy Manual Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Law Enforcement Role and Authority - 8 Chapter 1 - Law Enforcement Role and Authority Policy 100 Golden Valley Police Department Policy Manual Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Law Enforcement Authority - 9 Law Enforcement Authority 100.1 PURPOSE AND SCOPE The purpose of this policy is to affirm the authority of the members of the Golden Valley Police Department to perform their functions based on established legal authority. 100.2 POLICY It is the policy of the Golden Valley 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. 100.3 PEACE OFFICER POWERS Licensed officers of this department are peace officers pursuant to Minn. Stat. § 626.84 Subd. 1. 100.3.1 ARREST AUTHORITY WITHIN THE JURISDICTION OF THE GOLDEN VALLEY POLICE DEPARTMENT Arrest authority of a full-time officer or part-time officer extends to any place within the jurisdiction of the departmentwhen (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)). 100.3.2 ARREST AUTHORITY OUTSIDE THE JURISDICTION OF THE GOLDEN VALLEY POLICE DEPARTMENT Full- and part-time, on-duty officers may make an arrest outside the jurisdiction of the Golden Valley Police Department (Minn. Stat. § 629.40): Golden Valley Police Department Policy Manual Law Enforcement Authority Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Law Enforcement Authority - 10 (a)Anytime the officer may by law make an arrest for a criminal offense committed within the jurisdiction of the Golden Valley 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 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. 100.3.3 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). 100.4 CONSTITUTIONAL REQUIREMENTS All members shall observe and comply with every person's clearly established rights under the United States and Minnesota Constitutions. 100.5 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). Policy 101 Golden Valley Police Department Policy Manual Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Chief Executive Officer - 11 Chief Executive Officer 101.1 PURPOSE AND SCOPE 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. Policy 102 Golden Valley Police Department Policy Manual Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Oath of Office - 12 Oath of Office 102.1 PURPOSE AND SCOPE Officers of this department are sworn to uphold the federal and state constitutions and to enforce federal, state and local laws. 102.2 POLICY It is the policy of the Golden Valley Police Department that, when appropriate, department members affirm the oath of their office as an expression of commitment to the constitutional rights of those served by the Department and the dedication of its members to their duties (Minn. Stat. § 358.05). 102.3 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 that I will support the Constitution of the United States and the Constitution of the State of Minnesota, and that I will faithfully discharge the duties of (applicable position or office) within and for the (name of political entity) and State. 102.4 MAINTENANCE OF RECORDS Oaths mandated by law shall be filed as required by law (Minn. Stat. § 387.01; Minn. Stat. § 387.14). Other oaths shall be maintained consistent with other personnel employment records. Policy 103 Golden Valley Police Department Policy Manual Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Policy Manual - 13 Policy Manual 103.1 PURPOSE AND SCOPE The manual of the Golden Valley 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. Any policy or procedure not found in this manual refer to the City of Golden Valley employee handbook. 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 Golden Valley 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 Golden Valley 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 Special Orders, which shall modify those provisions of the manual to which they pertain. Special Orders 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. Golden Valley Police Department Policy Manual Policy Manual Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Policy Manual - 14 CFR- Code of Federal Regulations. Child- Any person under the age of 18 years. City - The City of Golden Valley. Non-sworn - Employees and volunteers who are not licensed peace officers. Department/GVPD - The Golden Valley 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 Golden Valley Police Department Policy Manual. May - Indicates a permissive, discretionary or conditional action. Member - Any person employed or appointed by the Golden Valley Police Department including: •Full- and part-time employees •Licensed peace officers •Reserve, auxiliary officers •Non-sworn employees •Volunteers. Officer - Those employees, regardless of rank, who are licensed peace officer employees of the Golden Valley 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 that may include responsibility for 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 Golden Valley Police Department Policy Manual Policy Manual Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Policy Manual - 15 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. 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 Special Orders. 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 Assistant Chief 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 Assistant Chiefs, who will consider the recommendations and forward them to the command staff as appropriate. Golden Valley Police Department Policy Manual Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Organization and Administration - 16 Chapter 2 - Organization and Administration Policy 200 Golden Valley Police Department Policy Manual Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Organizational Structure and Responsibility - 17 Organizational Structure and Responsibility 200.1 PURPOSE AND SCOPE 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 Golden Valley Police Department. There are three divisions in the Police Department as follows: •Administrative Support Division •Patrol Division •Investigation Division 200.2.1 ADMINISTRATIVE SUPPORT DIVISION The Administrative Support Division is commanded by a Assistant Chief, whose primary responsibility is to provide general management, direction and control for the Administrative Support Division, including management of the department budget. The Administrative Support Division consists of Technical Services, building security and maintenance, and Administrative Services. Annually, the Administrative Support Division Assistant Chief shall develop and submit to the Chief of Police a budget and an inventory of capital property, equipment and assets. Property, equipment and assets with a beginning value of more than $5,000 and other items specifically identified for inclusion regardless of value, are capital property, equipment and assets. 200.2.2 PATROL DIVISION The Patrol Division is commanded by a Assistant Chief, whose primary responsibility is to provide general management, direction and control for the Patrol Division. The Patrol Division consists of Uniformed Patrol and Special Operations, which includes Traffic, Dispatch and Police Aides/ Assistants. 200.2.3 INVESTIGATION DIVISION The Investigation Division is commanded by a Assistant Chief whose primary responsibility is to provide general management, direction and control for the Investigation Division. The Investigation Division consists of the Investigation Unit, Crime Analysis Unit, Property Bureau and Forensic Services. 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 assistant chief shall act with the authority of the Chief of Police. Golden Valley Police Department Policy Manual Organizational Structure and Responsibility Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Organizational Structure and Responsibility - 18 Except when designated as above, the order of command authority in the absence or unavailability of the Chief of Police is as follows: (a)Patrol Assistant Chief (b)Operations Assistant Chief (c)Shift Sergeant 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., Canine, SWAT), 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. The person countermanding the original order shall notify, in writing, the person issuing the original order, indicating the action taken and the reason therefore. Policy 201 Golden Valley Police Department Policy Manual Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Special Order - 19 Special Order 201.1 PURPOSE AND SCOPE Special Orders 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. Special Orders will immediately modify or change and supersede sections of this manual to which they pertain. 201.1.1 SPECIAL ORDERS PROTOCOL Special Orders will be incorporated into the manual as required upon approval of staff. Special Orders will modify existing policies or create a new policy as appropriate and will be rescinded upon incorporation into the manual. All existing Special Orders have now been incorporated in the updated Policy Manual as of the below revision date. Any Special Orders 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 Special Order 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 Special Order. 201.2.2 CHIEF OF POLICE The Chief of Police or designee shall issue all Special Orders and Special Orders. 201.3 ACCEPTANCE OF SPECIAL ORDERS AND SPECIAL ORDERS All employees are required to read and obtain any necessary clarification of all Special Orders or special orders. All employees are required to acknowledge in writing the receipt and review of any new Special Order or special order. Signed acknowledgement forms and/or e-mail receipts showing an employee’s acknowledgement will be maintained by the Training Coordinator. Policy 202 Golden Valley Police Department Policy Manual Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Emergency Operations Plan - 20 Emergency Operations Plan 202.1 PURPOSE AND SCOPE 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 Golden Valley 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 Administrative Support, the Shift Sergeant's office and in Dispatch. 202.4 PLAN REVIEW The Administrative Support Assistant Chief 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 (Minn. 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. Policy 203 Golden Valley Police Department Policy Manual Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Training - 21 Training 203.1 PURPOSE AND SCOPE This policy establishes general guidelines for how training is to be identified, conducted, and documented. This policy is not meant to address all specific training endeavors or identify every required training topic. 203.2 POLICY The Department shall administer a training program that will meet the standards of federal, state, local, and POST training requirements. It is a priority of this department to provide continuing education and training for the professional growth and development of its members. 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 members. (c)Provide for continued professional development of department members. (d)Ensure compliance with POST rules and regulations concerning law enforcement training. 203.4 TRAINING COORDINATOR The Chief of Police shall designate a Training Coordinator who is responsible for developing, reviewing, updating, and maintaining the department training plan so that required training is completed. The Training Coordinator should review and present to Command Staff the training plan annually. 203.4.1 TRAINING COORDINATOR RESPONSIBILITIES The Training Coordinator shall ensure that all sworn members annually review the department policies identified in Minn. R. 6700.1615 (Minn. R. 6700.1615, Subd. 2). 203.5 TRAINING PLAN The training plan should include the anticipated costs associated with each type of training, including attendee salaries and backfill costs. The plan should include a systematic and detailed method for recording all training for members. Updates and revisions may be made to any portion of the training plan at any time it is deemed necessary. The plan will address all required training. Golden Valley Police Department Policy Manual Training Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Training - 22 203.5.1 GOVERNMENT-MANDATED TRAINING The following lists, while not all inclusive, identify training that is required under state and federal laws and regulations. Additional required training may be identified in individual policies. (a)Federally mandated training: 1.National Incident Management System (NIMS) training (b)State-mandated training: 1.State training requirements include but are not limited to 48 hours of POST- approved law enforcement related courses every three years. 203.5.2 TRAINING RESTRICTION The Training Coordinator shall ensure that a training program does not include any training on the detection of or use of the term "excited delirium" (Minn. Stat. § 626.8437). 203.6 CLASSROOM DISCRIMINATION The Training Coordinator 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). 203.7 TRAINING ATTENDANCE (a)All members assigned to attend training shall attend as scheduled unless previously excused by their immediate supervisor. Excused absences should be limited to: 1.Court appearances. 2.Previously approved vacation or time off. 3.Illness or medical leave. 4.Physical limitations preventing the member's participation. 5.Emergency situations or department necessity. (b)Any member who is unable to attend training as scheduled shall notify the member's supervisor as soon as practicable but no later than one hour prior to the start of training and shall: 1.Document the member's absence in a memorandum to the member's supervisor. 2.Make arrangements through the member's supervisor or the Training Coordinator to attend the required training on an alternate date. 203.8 TRAINING RECORDS The Training Coordinator is responsible for the creation, filing, and storage of all training records. Training records shall be retained in accordance with the established records retention schedule. Golden Valley Police Department Policy Manual Training Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Training - 23 203.9 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. Officers are responsible for responding to these requests in a timely manner and otherwise maintaining their licensed status. 203.10 DAILY TRAINING BULLETINS The Lexipol Daily Training Bulletins (DTBs) are contained in a web-accessed system that provides training on the Golden Valley 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 Coordinator. Members assigned to participate in DTBs shall only use login credentials assigned to them by the Training Coordinator. Members should not share their password with others and should frequently change their password to protect the security of the system. After each session, members 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. Members 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. Members should not allow uncompleted DTBs to build up over time, and 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-enabled computer, members shall only take DTBs as part of their on-duty assignments, unless directed otherwise by a supervisor. Supervisors will be responsible for monitoring the progress of those under their command to ensure compliance with this policy. Policy 204 Golden Valley Police Department Policy Manual Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Electronic Mail - 24 Electronic Mail 204.1 PURPOSE AND SCOPE 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 EMAIL The Department email system shall not be used for personal purposes unless that use is authorized in writing by the Chief of Police. Sending derogatory, defamatory, obscene, disrespectful, sexually suggestive and harassing or any other inappropriate messages on the email system is prohibited, will constitute just cause for discipline, and will result in discipline, up to and including termination of employment Email messages addressed to the entire department are only to be used for official business- related items that are of particular interest to all users Personal advertisements or announcements are not permitted. Emails directed city wide (Golden Valley everyone) are prohibited, unless approved by the Chief of Police. It is a violation of this policy to transmit a message under another user's name or email address or to use the password of another to log onto the system. Users are required to log off the network Golden Valley Police Department Policy Manual Electronic Mail Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Electronic Mail - 25 or lock the workstation when their computer is unattended. This added security measure would minimize the misuse of an individual's email, name and/or password. 204.4 EMAIL RECORD MANAGEMENT Email may, depending upon the individual content, be a public record under the Minnesota Data Practices Act and must be managed in accordance with the established records retention schedule and in compliance with state law. The Custodian of Records shall ensure that email messages are retained and recoverable as outlined in the Records Maintenance and Release Policy. Policy 205 Golden Valley Police Department Policy Manual Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Administrative Communications - 26 Administrative Communications 205.1 PURPOSE AND SCOPE 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. 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 appropriate memorandum forms. 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 Assistant Chief. 205.5 OTHER COMMUNICATIONS Special Orders and other communications necessary to ensure the effective operation of the Department shall be promulgated by the Chief of Police, his/her designee or Assistant Chiefs. Policy 206 Golden Valley Police Department Policy Manual Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Supervision Staffing Levels - 27 Supervision Staffing Levels 206.1 PURPOSE AND SCOPE 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 one supervisor on-duty whenever possible. 206.2.1 SUPERVISION DEPLOYMENTS In order to accommodate training and other unforeseen circumstances, an Officer in Charge may be used as a field supervisor in place of a field sergeant. With prior authorization from the Patrol Assistant Chief, an officer may act as the Shift Sergeant for a limited period of time, consistent with the terms of applicable collective bargaining agreements. (Acting Sergeant) Policy 207 Golden Valley Police Department Policy Manual Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Retiree Concealed Firearms - 28 Retiree Concealed Firearms 207.1 PURPOSE AND SCOPE The purpose of this policy is to provide guidelines for the issuance, denial, suspension or revocation of Golden Valley Police Department identification cards under the Law Enforcement Officers’ Safety Act (LEOSA) (18 USC § 926C). 207.2 POLICY It is the policy of the Golden Valley Police Department to provide identification cards to qualified former or retired officers as provided in this policy. 207.3 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. 207.3.1 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 Golden Valley 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. 207.3.2 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 Golden Valley Police Department Policy Manual Retiree Concealed Firearms Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Retiree Concealed Firearms - 29 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. 207.4 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. 207.4.1 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. 207.5 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. 207.6 FIREARM QUALIFICATIONS The Training Sergeant 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 Golden Valley Police Department Policy Manual Retiree Concealed Firearms Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Retiree Concealed Firearms - 30 date of the qualification. The Training Sergeant will maintain a record of the qualifications and weapons used. Policy 208 Golden Valley Police Department Policy Manual Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Handgun Purchase and Transfer Permit - 31 Handgun Purchase and Transfer Permit 208.1 PURPOSE AND SCOPE 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. 208.2 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). 208.3 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. 208.4 GROUNDS FOR DISQUALIFICATION The Chief of Police shall deny a permit to an applicant when the applicant is prohibited by state or federal law from possessing a pistol or semiautomatic military-style assault weapon, determined to be a danger to themself or the public when in possession of a firearm, or listed in the criminal gang investigative data system (Minn. Stat. § 624.7131, Subd. 4). 208.5 GRANTING OR DENIAL OF PERMIT The Chief of Police shall issue a transferee permit or deny the application within 30 days of application for the permit. The permits and their renewal shall be granted free of charge (Minn. Stat. § 624.7131, Subd. 5). The Chief of Police shall provide an applicant with written notification of a denial and the specific reason for the denial (Minn. Stat. § 624.7131, Subd. 5). Golden Valley Police Department Policy Manual Handgun Purchase and Transfer Permit Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Handgun Purchase and Transfer Permit - 32 When the refusal to grant a permit is due to a substantial likelihood that the applicant is a danger to themself or the public when in possession of a firearm, the written notification shall provide the specific factual basis justifying the denial, including the source, and inform the applicant that they may submit additional documentation within 20 business days (Minn. Stat. § 624.7131, Subd. 4). Upon receipt of additional documentation, the Chief of Police shall reconsider the denial and inform the applicant within 15 business days of the result of the reconsideration. A notice of denial after reconsideration must be in the same form and substance as the original denial, specifically address any continued deficiencies, and inform the applicant of the right to judicial review of the denial (Minn. Stat. § 624.7131, Subd. 4). 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). 208.6 VOIDING OR REVOKING PERMIT The permit becomes void at the time that the holder becomes prohibited from possessing or receiving a pistol under Minn. Stat. § 624.713, in which event the holder is required to return the permit within five days to the Department. The Chief of Police shall revoke a permit once they become aware the permit holder is ineligible to possess firearms and shall provide the holder with written notice (Minn. Stat. § 624.7131, Subd. 7). Golden Valley Police Department Policy Manual Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***General Operations - 33 Chapter 3 - General Operations Policy 300 Golden Valley Police Department Policy Manual Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Use of Force - 34 Use of Force 300.1 PURPOSE AND SCOPE 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 lawful, professional, impartial, and reasonable manner (Minn. Stat. § 626.8452). In addition to those methods, techniques, and tools set forth below, the guidelines for the reasonable application of force contained in this policy shall apply to all policies addressing the potential use of force, including but not limited to the Control Devices and Conducted Energy Device policies. 300.1.1 DEFINITIONS Definitions related to this policy include: Bodily harm - Physical pain or injury. Deadly force - Force reasonably anticipated and intended to create a substantial likelihood of causing death or great bodily harm. Feasible - Reasonably capable of being done or carried out under the circumstances to successfully achieve the arrest or lawful objective without increasing risk to the officer or another person. 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. Great bodily harm - Bodily injury which creates a high probability of death, or which causes serious, permanent disfigurement, or which causes a permanent or protracted loss or impairment of the function of any bodily member or organ or other serious bodily harm. Imminent - Ready to take place; impending. Note that imminent does not mean immediate or instantaneous. Totality of the circumstances - All facts and circumstances known to the officer at the time, taken as a whole, including the conduct of the officer and the subject leading up to the use of force. 300.2 POLICY It is the policy of this law enforcement agency to ensure officers respect the sanctity of human life when making decisions regarding use of force. Sworn law enforcement officers have been granted the extraordinary authority to use force when necessary to accomplish lawful ends. Officers shall treat everyone with dignity and without prejudice and use only the force that is objectively reasonable to effectively bring an incident under control, while protecting the safety of others and the officer. Golden Valley Police Department Policy Manual Use of Force Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Use of Force - 35 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. Officers should exercise special care when interacting with individuals with known physical, mental health, developmental, or intellectual disabilities as an individual's disability may affect the individual's ability to understand or comply with commands from peace officers. The decision by an officer to use force or deadly force shall be evaluated from the perspective of a reasonable officer in the same situation, based on the totality of the circumstances known to or perceived by the officer at the time, rather than with the benefit of hindsight, and that the totality of the circumstances shall account for occasions when officers may be forced to make quick judgments about using such force. This policy is to be reviewed annually and any questions or concerns should be addressed to the immediate supervisor for clarification. This policy applies to all licensed peace officers and part-time peace officers engaged in the discharge of official duties. 300.2.1 DUTY TO INTERCEDE AND REPORT Regardless of tenure or rank, any officer present and observing another law enforcement officer or a member using force that is beyond that which is objectively reasonable under the circumstances shall, when in a position to physically or verbally do so, intercede to prevent the use of unreasonable force (Minn. Stat. § 626.8452; Minn. Stat. § 626.8475). Any officer who observes another law enforcement officer or a member use force that is beyond or potentially beyond that which is objectively reasonable under the circumstances shall report these observations to a supervisor as soon as feasible (Minn. Stat. § 626.8452; Minn. Stat. § 626.8475). 300.2.2 ADDITIONAL REPORTING REQUIREMENTS An officer reporting a use of force by another law enforcement officer or member pursuant to this policy shall also make the report in writing to the Chief of Police within 24 hours (Minn. Stat. § 626.8475). 300.2.3 PERSPECTIVE When observing or reporting force used by a law enforcement officer, each officer should take into account the totality of the circumstances and the possibility that other law enforcement officers may have additional information regarding the threat posed by the subject. 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. Golden Valley Police Department Policy Manual Use of Force Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Use of Force - 36 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 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 this 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 ALTERNATIVE TACTICS - DE-ESCALATION When circumstances reasonably permit, officers should use non-violent strategies and techniques to decrease the intensity of a situation, improve decision-making, improve communication, reduce the need for force, and increase voluntary compliance (e.g., summoning additional resources, formulating a plan, attempting verbal persuasion). 300.3.2 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. Golden Valley Police Department Policy Manual Use of Force Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Use of Force - 37 300.3.3 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. (b)The conduct of the individual being confronted, as reasonably perceived by the officer at the time. (c)Officer/subject factors (e.g., age, size, relative strength, skill level, injuries sustained, level of exhaustion or fatigue, the number of officers available vs. subjects). (d)The effects of suspected drug or alcohol use. (e)The individual’s mental state or capacity. (f)The individual’s ability to understand and comply with officer commands. (g)Proximity of weapons or dangerous improvised devices. (h)The degree to which the individual has been effectively restrained and his/her ability to resist despite being restrained. (i)The availability of other reasonable and feasible options and their possible effectiveness (Minn. Stat. § 626.8452). (j)Seriousness of the suspected offense or reason for contact with the individual. (k)Training and experience of the officer. (l)Potential for injury to officers, suspects, and others. (m)Whether the individual appears to be resisting, attempting to evade arrest by flight, or is attacking the officer. (n)The risk and reasonably foreseeable consequences of escape. (o)The apparent need for immediate control of the individual or a prompt resolution of the situation. (p)Whether the conduct of the individual being confronted no longer reasonably appears to pose an imminent threat to the officer or others. (q)Prior contacts with the individual or awareness of any propensity for violence. (r)Any other exigent circumstances. 300.3.4 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. Golden Valley Police Department Policy Manual Use of Force Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Use of Force - 38 (b)Whether the individual can comply with the direction or orders of the officer. (c)Whether the individual 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. 300.3.5 CAROTID CONTROL HOLD A carotid control hold is a technique designed to control an individual by applying pressure to a person’s neck on either side of the windpipe, but not to the windpipe itself, to stop the flow of blood to the brain via the carotid arteries (Minn. Stat. § 609.06, Subd. 3). The proper application of the carotid control hold may be effective in restraining a violent or combative individual. However, due to the potential for injury, the use of the carotid control hold is limited to those circumstances where deadly force is authorized and is subject to the following (Minn. Stat. § 609.06; Minn. Stat. § 609.066): (a)At all times during the application of the carotid control hold, the response of the individual should be monitored. The carotid control hold should be discontinued when circumstances indicate that the application no longer reasonably appears necessary. (b)Any individual who has had the carotid control hold applied, regardless of whether he/ she was rendered unconscious, shall be promptly examined by paramedics or other qualified medical personnel and should be monitored until such examination occurs. (c)The officer shall inform any person receiving custody, or any person placed in a position of providing care, that the individual has been subjected to the carotid control hold and whether the individual lost consciousness as a result. (d)Any officer attempting or applying the carotid control hold shall promptly notify a supervisor of the use or attempted use of such hold. (e)The use or attempted use of the carotid control hold shall be thoroughly documented by the officer in any related reports. 300.3.6 STATE RESTRICTIONS ON THE USE OF OTHER RESTRAINTS Officers may not use any of the following restraints unless the use of deadly force is authorized (Minn. Stat. § 609.06; Minn. Stat. § 609.066): (a)A chokehold. For purposes of this policy, a chokehold only refers to the method of applying sufficient pressure to an individual to make breathing difficult or impossible, and includes but is not limited to any pressure to the neck, throat, or windpipe that may prevent or hinder breathing, or reduce intake of air. 1.If applied, a chokehold is subject to the same guidelines and requirements as a carotid control hold. (b)Tying all of an individual’s limbs together behind the person’s back to render the person immobile. (c)Securing an individual in any way that results in transporting the person face down in a vehicle. Golden Valley Police Department Policy Manual Use of Force Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Use of Force - 39 300.3.7 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. Officers are encouraged to use techniques and methods taught by the Golden Valley Police Department for this specific purpose. 300.4 DEADLY FORCE APPLICATIONS When reasonable, the officer shall, prior to the use of deadly force, make efforts to identify themself as a peace officer and to warn that deadly force may be used, unless the officer has objectively reasonable grounds to believe the person is aware of those facts. Use of deadly force is justified only if an objectively reasonable officer would believe, based on the totality of the circumstances known to the officer at the time and without the benefit of hindsight, that such force is necessary (Minn. Stat. § 609.066): (a)To protect the officer or another from death or great bodily harm. (b)To effect the arrest or capture, or prevent the escape, of an individual whom the officer knows or has reasonable grounds to believe has committed or attempted to commit a felony and the officer reasonably believes that the person will cause death or great bodily harm to another person unless immediately apprehended. In both scenarios, the use of deadly force is only authorized provided that the threat (Minn. Stat. § 609.066): •Can be articulated with specificity. •Is reasonably likely to occur absent action by the officer. •Must be addressed through the use of deadly force without unreasonable delay. However, an officer shall not use deadly force against a person whose actions are a threat solely to themself or property unless the person poses an imminent danger of death or serious physical injury to the officer or others in close proximity (Minn. Stat. § 609.066). 300.4.1 MOVING VEHICLES Shots fired at or from a moving vehicle are rarely effective and involve considerations and risks in addition to the justification for the use of deadly force. When feasible, officers should take reasonable steps to 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 imminent 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. Golden Valley Police Department Policy Manual Use of Force Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Use of Force - 40 300.5 REPORTING THE USE OF FORCE Any use of force by a member of this department shall be documented prior to the end of shift (unless an extension is granted by a supervisor), 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 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. See the Report Preparation Policy for additional circumstances that may require documentation. 300.5.1 NOTIFICATIONS 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 the conducted energy 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 unreasonable force was used or that any of the above has occurred. 300.5.2 STATE REPORTING REQUIREMENTS The Chief of Police shall provide for the filing of a report with the Bureau of Criminal Apprehension (BCA) on a monthly basis and in the form required by BCA (Minn. Stat. § 626.5534). There may be additional reporting requirements regarding misconduct (see the Standards of Conduct Policy) (Minn. Stat. § 626.8457). 300.6 MEDICAL CONSIDERATIONS Once it is reasonably safe to do so, medical assistance shall be obtained for any person who exhibits signs of physical distress, has sustained visible injury, expresses a complaint of injury or continuing pain, or was rendered unconscious. Any individual exhibiting signs of physical distress after an encounter should be continuously monitored until the individual can be medically assessed. Individuals should not be placed on their stomachs for an extended period, as this could impair their ability to breathe. Golden Valley Police Department Policy Manual Use of Force Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Use of Force - 41 Based upon the officer's initial assessment of the nature and extent of the individual's injuries, medical assistance may consist of examination by an emergency medical services provider or medical personnel at a hospital or 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). Individuals who exhibit extreme agitation, violent irrational behavior accompanied by profuse sweating, extraordinary strength beyond their physical characteristics, and imperviousness to pain, 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. See the Medical Aid and Response Policy for additional guidelines. 300.7 SUPERVISOR RESPONSIBILITIES A supervisor or officer-in-charge shall respond to a reported application of force resulting in visible injury. A supervisor or officer-in-charge 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)When possible, separately obtain a recorded interview with the individual upon whom force was applied. If this interview is conducted without the individual having voluntarily waived his/her Miranda rights, the following shall apply: 1.The content of the interview should not be summarized or included in any related criminal charges. 2.The fact that a recorded interview was conducted should be documented in a property or other report. 3.The recording of the interview should be distinctly marked for retention until all potential for civil litigation has expired. (d)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. Golden Valley Police Department Policy Manual Use of Force Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Use of Force - 42 1.These photographs should be retained until all potential for civil litigation has expired. (e)Identify any witnesses not already included in related reports. (f)Review and approve all related reports. 1.Write a supplemental report to include a review of body cam or any additional recording/video capturing the Use of Force incident. (g)Determine if there is any indication that the individual 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 chain of command to the Chief of Police. The Chief of Police should notify the City Attorney. . (h)Evaluate the circumstances surrounding the incident and initiate an administrative investigation if there is a question of policy noncompliance or if for any reason further investigation may be appropriate. (i)Advise and forward any reports of the Use of Force Incident to the Assistant Chief of Patrol. In the event that a supervisor or officer-in-charge 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 ASSISTANT CHIEF OF PATROL RESPONSIBILITY The Assistant Chief of Patrol 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 shall receive training on this policy, including the learning objectives as provided by the Board of Peace Officer Standards and Training (POST), and demonstrate their knowledge and understanding at least annually (Minn. Stat. § 626.8452, Subd. 3). Subject to available resources, officers should receive periodic training on guidelines regarding vulnerable populations, including but not limited to children, elderly, pregnant persons, and individuals with physical, mental, or intellectual disabilities. 300.8.1 STATE-SPECIFIC TRAINING REQUIREMENTS Warrior-style training, as defined in Minn. Stat. § 626.8434, whether provided directly by the Department or through a third party, is prohibited (Minn. Stat. § 626.8434). 300.8.2 TRAINING REQUIREMENTS Required annual training shall include: (a)Legal updates. (b)De-escalation tactics, including alternatives to force. (c)The duty to intercede. Golden Valley Police Department Policy Manual Use of Force Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Use of Force - 43 (d)The duty to request and/or render medical aid. (e)Warning shots (see the Firearms Policy). (f)All other subjects covered in this policy (e.g., use of deadly force, chokeholds and carotid holds, discharge of a firearm at or from a moving vehicle, verbal warnings). (g)Any additional POST mandated training. 300.9 USE OF FORCE ANALYSIS At least annually, the Department's Assistant Chiefs shall collectively 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. 300.10 POLICY REVIEW The Chief of Police or the authorized designee should annually review and update this policy to reflect developing practices and procedures. Policy 301 Golden Valley Police Department Policy Manual Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Handcuffing and Restraints - 44 Handcuffing and Restraints 301.1 PURPOSE AND SCOPE This policy provides guidelines for the use of handcuffs and other restraints during detentions and arrests. 301.2 POLICY The Golden Valley 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. 301.3 USE OF RESTRAINTS Only members who have successfully completed Golden Valley 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, per force guidelines. •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 in the front in order to allow the person to sign or write notes. •Whether the person has any other apparent disability. When deciding whether to use any restraint, officers should continuously reevaluate these factors and safety concerns throughout the interaction. 301.3.1 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. 301.3.2 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. Golden Valley Police Department Policy Manual Handcuffing and Restraints Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Handcuffing and Restraints - 45 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. 301.3.3 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. 301.3.4 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. 301.4 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. 301.5 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 Golden Valley Police Department Policy Manual Handcuffing and Restraints Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Handcuffing and Restraints - 46 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 oleoresin capsicum (OC) 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. 301.6 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. 301.7 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). 301.7.1 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. Golden Valley Police Department Policy Manual Handcuffing and Restraints Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Handcuffing and Restraints - 47 (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 and secured with a seat belt. the restrained person 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). 301.8 REQUIRED DOCUMENTATION If a person 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 a person is arrested, the use of handcuffs or other restraints shall be documented in the related report. Officers should document the following information in reports, as appropriate, when restraints other than handcuffs are used on a person: (a)The factors that led to the decision to use restraints. (b)Supervisor notification and approval of restraint use. (c)The types of restraint used. (d)The amount of time the person was restrained. (e)How the person was transported and the position of the person during transport. (f)Observations of the person’s behavior and any signs of physiological problems. (g)Any known or suspected drug use or other medical problems. 301.9 TRAINING Subject to available resources, the Training Coordinator 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. Golden Valley Police Department Policy Manual Handcuffing and Restraints Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Handcuffing and Restraints - 48 (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. (e)Potential for bias in use of restraints. Policy 302 Golden Valley Police Department Policy Manual Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Control Devices - 49 Control Devices 302.1 PURPOSE AND SCOPE This policy provides guidelines for the use and maintenance of control devices that are described in this policy. 302.2 POLICY In order to control subjects who are violent or who demonstrate the intent to be violent, the Golden Valley Police Department authorizes officers to use control devices in accordance with the guidelines in this policy and the Use of Force Policy. 302.3 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. 302.4 RESPONSIBILITIES 302.4.1 SHIFT SERGEANT RESPONSIBILITIES The Shift Sergeant may authorize the use of a control device by selected personnel or members of specialized units who have successfully completed the required training. 302.4.2 TRAINING SERGEANT 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 Training Sergeant or the designated instructor for a particular control device. The inspection shall be documented. 302.4.3 USER RESPONSIBILITIES All normal maintenance, charging or cleaning shall remain the responsibility of personnel using the various devices. Golden Valley Police Department Policy Manual Control Devices Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Control Devices - 50 Any damaged, inoperative, outdated or expended control devices or munitions, along with documentation explaining the cause of the damage, shall be returned to the Training Sergeant for disposition. Damage to City property forms shall also be prepared and forwarded through the chain of command, when appropriate, explaining the cause of damage. 302.5 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 use of deadly force is appropriate. See the Use of Force Policy for additional guidance. 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. 302.6 TEAR GAS GUIDELINES Tear gas may be used for crowd control, crowd dispersal or against barricaded suspects based on the circumstances. Only the Incident Commander or Crisis Response Unit Commander 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. 302.7 OLEORESIN CAPSICUM (OC) GUIDELINES As with other control devices, oleoresin capsicum (OC) spray and pepper projectiles may be considered for use to bring under control an individual or groups of individuals who are engaging in, or appear to be preparing (i.e. body language, actions, verbal cues/tone) to engage in violent behavior. Pepper projectiles and OC spray 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. 302.7.1 OC SPRAY Uniformed personnel carrying OC spray shall carry the device in its holster on the equipment belt. Plainclothes and non-field personnel may carry OC spray as authorized, in accordance with the needs of their assignment or at the direction of their supervisor. 302.7.2 PEPPER PROJECTILE SYSTEMS Pepper projectiles are plastic spheres that are filled with a derivative of OC powder. Because the compressed gas launcher delivers the projectiles with enough force to burst the projectiles on impact and release the OC powder, the potential exists for the projectiles to inflict injury if they strike the head, neck, spine, or groin. Therefore, personnel deploying a pepper projectile system Golden Valley Police Department Policy Manual Control Devices Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Control Devices - 51 should not intentionally target those areas, except when the officer reasonably believes the use of deadly force is appropriate. See the Use of Force Policy for additional guidance. Officers encountering a situation that warrants the use of a pepper projectile system shall notify a supervisor as soon as practicable. A supervisor shall respond to all pepper projectile system incidents where the suspect has been hit or exposed to the chemical agent. The supervisor shall ensure that all notifications and reports are completed as required by the Use of Force Policy. Each deployment of a pepper projectile system shall be documented. This includes situations where the launcher was directed toward the suspect, whether or not the launcher was used. Unintentional discharges shall be promptly reported to a supervisor and documented on the appropriate report form. Only non-incident use of a pepper projectile system, such as training and product demonstrations, is exempt from the reporting requirement. 302.7.3 TREATMENT FOR OC SPRAY EXPOSURE Persons who have been sprayed with or otherwise affected by the use of OC should be promptly provided with clean water to cleanse the affected areas. Those persons who complain of further severe effects shall be examined by appropriate medical personnel. 302.8 POST-APPLICATION NOTICE When possible, whenever tear gas or OC 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 cleanup will be at the owner's expense. Information regarding the method of notice and the individuals notified should be included in related reports. 302.9 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. 302.9.1 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. Golden Valley Police Department Policy Manual Control Devices Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Control Devices - 52 (b)The suspect has made credible threats to harm themselves 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. 302.9.2 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. 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 use of deadly force is appropriate. See the Use of Force Policy for additional guidance. 302.9.3 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 to ensure that 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 in the vehicle. When deploying the kinetic energy projectile shotgun, the officer shall visually inspect Golden Valley Police Department Policy Manual Control Devices Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Control Devices - 53 the kinetic energy projectiles to ensure that conventional ammunition is not being loaded into the shotgun. Absent compelling circumstances, officers who must transition from conventional ammunition to kinetic energy projectiles will employ the two-person rule for loading. The two-person rule is a safety measure in which a second officer watches the unloading and loading process to ensure that the weapon is completely emptied of conventional ammunition. 302.10 TRAINING FOR CONTROL DEVICES The Training Coordinator 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. 302.11 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. Policy 303 Golden Valley Police Department Policy Manual Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Conducted Energy Device - 54 Conducted Energy Device 303.1 PURPOSE AND SCOPE This policy provides guidelines for the issuance and use of the conducted energy device (CED). 303.2 POLICY The CED is used in an attempt to control a violent or potentially violent individual. The appropriate use of such a device may result in fewer serious injuries to officers and suspects. 303.3 ISSUANCE AND CARRYING CEDS Only members who have successfully completed department-approved training may be issued and may carry the CED. The Training Sergeant should keep a log of issued CED devices and the serial numbers of cartridges/magazines issued to members. CEDs are issued for use during a member's current assignment. Those leaving a particular assignment may be required to return the device to the department inventory. Officers shall only use the CED and cartridges/magazines that have been issued by the Department. Cartridges/magazines should not be used after the manufacturer's expiration date. Uniformed officers who have been issued the CED shall wear the device in an approved holster. Officers who carry the CED while in uniform shall carry it in a holster on the side opposite the duty weapon. (a)All CEDs shall be clearly distinguishable to differentiate them from the duty weapon and any other device. (b)For single-shot devices, whenever practicable, officers should carry an additional cartridge on their person when carrying the CED. (c)Officers should not hold a firearm and the CED at the same time. Non-uniformed officers may secure the CED in a concealed, secure location in the driver's compartment of their vehicles. 303.3.1 USER RESPONSIBILITIES Officers shall be responsible for ensuring that the issued CED is properly maintained and in good working order. This includes a function test and battery life monitoring, as required by the manufacturer, and should be completed prior to the beginning of the officer's shift. CEDs that are damaged or inoperative, or cartridges/magazines that are expired or damaged, shall be returned to the Training Sergeant for disposition. Officers shall submit documentation stating the reason for the return and how the CED or cartridge/magazine was damaged or became inoperative, if known. Golden Valley Police Department Policy Manual Conducted Energy Device Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Conducted Energy Device - 55 303.4 VERBAL AND VISUAL WARNINGS A verbal warning of the intended use of the CED 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 CED may be deployed. If, after a verbal warning, an individual fails 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, activate any warning on the device, which may include display of the electrical arc, an audible warning, or the laser in a further attempt to gain compliance prior to the application of the CED. The laser should not be intentionally directed into anyone's eyes. 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 CED in the related report. 303.5 USE OF THE CED The CED has limitations and restrictions requiring consideration before its use. The CED should only be used when its operator can safely deploy the device within its operational range. Although the CED may be effective in controlling most individuals, officers should be aware that the device may not achieve the intended results and be prepared with other options. If sufficient personnel are available and can be safely assigned, an officer designated as lethal cover for any officer deploying a CED may be considered for officer safety._ 303.5.1 APPLICATION OF THE CED The CED may be used when the circumstances reasonably perceived by the officer at the time indicate that such application reasonably appears necessary to control a person who: (a)Is actively resisting violently or physically. (b)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, themself, or others. Mere flight from a pursuing officer, without additional circumstances or factors, is not good cause for the use of the CED to apprehend an individual. The CED shall not be used to psychologically torment, to elicit statements, or to punish any individual. 303.5.2 SPECIAL DEPLOYMENT CONSIDERATIONS The use of the CED 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 potential risk of using the device. This special deployment considerations include: Golden Valley Police Department Policy Manual Conducted Energy Device Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Conducted Energy Device - 56 (a)Individuals who are known to be pregnant. (b)Elderly individuals or juveniles. (c)Individuals with obviously low body mass. (d)Individuals who are handcuffed or otherwise restrained. (e)Individuals known to have been recently sprayed with a flammable chemical agent or who are otherwise known to be in close proximity to any known combustible vapor or flammable material, including alcohol-based oleoresin capsicum (OC) spray. (f)Individuals whose position or activity is likely to result in collateral injury (e.g., falls from height, located in water, operating vehicles). Any CED capable of being applied in the drive-stun mode (i.e., direct contact without probes as a primary form of pain compliance) should be limited to supplementing the probe-mode to complete the circuit, or as a distraction technique to gain separation between officers and the subject, thereby giving officers time and distance to consider other force options or actions. 303.5.3 TARGETING CONSIDERATIONS Recognizing that the dynamics of a situation and movement of the subject may affect target placement of probes, when practicable, officers should attempt to target the back, lower center mass, and upper legs of the subject, and avoid intentionally targeting the head, neck, area of the heart, or genitals. If circumstances result in one or more probes inadvertently striking an area outside of the preferred target zones, the individual should be closely monitored until examined by paramedics or other medical personnel. 303.5.4 MULTIPLE APPLICATIONS OF THE CED Once an officer has successfully deployed two probes on the subject, the officer should continually assess the subject to determine if additional probe deployments or cycles reasonably appear necessary. Additional factors officers may consider include but are not limited to: (a)Whether it is reasonable to believe that the need to control the individual outweighs the potentially increased risk posed by multiple applications. (b)Whether the probes are making proper contact. (c)Whether the individual has the ability and has been given a reasonable opportunity to comply. (d)Whether verbal commands or other options or tactics may be more effective. Given that on certain devices each trigger pull deploys a single probe, the officer must pull the trigger twice to deploy two probes to create the possibility of neuro-muscular incapacitation. 303.5.5 ACTIONS FOLLOWING DEPLOYMENTS Officers should take appropriate actions to control and restrain the individual as soon as reasonably practicable to minimize the need for longer or multiple exposures to the CED. As soon as practicable, officers shall notify a supervisor any time the CED has been discharged. If needed for evidentiary purposes, the expended cartridge, along with any probes and wire, should Golden Valley Police Department Policy Manual Conducted Energy Device Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Conducted Energy Device - 57 be submitted into evidence (including confetti tags, when equipped on the device). The evidence packaging should be marked "Biohazard" if the probes penetrated the subject's skin. 303.5.6 DANGEROUS ANIMALS The CED may be deployed against an animal if the animal reasonably appears to pose an imminent threat to human safety. 303.5.7 OFF-DUTY CONSIDERATIONS Officers are not authorized to carry department CEDs while off-duty. Officers shall ensure that CEDs are secured while in their homes, vehicles, or any other area under their control, in a manner that will keep the device inaccessible to others. 303.6 DOCUMENTATION Officers shall document all CED discharges in the related arrest/crime reports and the CED report forms. Photographs should be taken of any obvious probe impact or drive-stun application sites and attached to the CED 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, audible warning, laser activation, and arcing the device, other than for testing purposes, will also be documented on the report form. Data downloads from the CED after use on a subject should be done as soon as practicable using a department-approved process to preserve the data. 303.6.1 CED REPORT FORM As applicable based on the device type, items that shall be included in the CED report form are: (a)The brand, model, and serial number of the CED and any cartridge/magazine. (b)Date, time, and location of the incident. (c)Whether any warning, display, laser, or arc deterred a subject and gained compliance. (d)The number of probes deployed, CED 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 CED was used. (f)The type of mode used (e.g., probe deployment, 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 Coordinator should periodically analyze the report forms to identify trends, including deterrence and effectiveness. The Training Coordinator should also conduct audits Golden Valley Police Department Policy Manual Conducted Energy Device Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Conducted Energy Device - 58 of CED device data downloaded to an approved location and reconcile CED report forms with recorded activations. CED information and statistics, with identifying information removed, should periodically be made available to the public. 303.6.2 REPORTS The officer should include the following in the arrest/crime report: (a)Identification of all personnel firing CEDs (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 303.7 MEDICAL TREATMENT Consistent with local medical personnel protocols and absent extenuating circumstances, only appropriate medical personnel or officers trained in probe removal and handling should remove CED probes from a person's body. Used CED 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 CED probes, who have been subjected to the electric discharge of the device, or who sustained direct exposure of the laser to the eyes 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 CED 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 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/video 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 CED (see the Medical Aid and Response Policy). Golden Valley Police Department Policy Manual Conducted Energy Device Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Conducted Energy Device - 59 303.8 SUPERVISOR RESPONSIBILITIES When possible, supervisors should respond to calls when they reasonably believe there is a likelihood the CED may be used. A supervisor should respond to all incidents where the CED was activated. A supervisor should review each incident where a person has been exposed to a CED. The device's internal logs should be downloaded by a supervisor or Training Sergeant and saved with the related arrest/crime report. The supervisor should arrange for photographs of probe sites to be taken and witnesses to be interviewed. 303.9 TRAINING Personnel who are authorized to carry the CED shall be permitted to do so only after successfully completing the initial department-approved training. Any personnel who have not carried the CED as a part of their assignments for a period of six months or more shall be recertified by a qualified CED instructor prior to again carrying or using the device. Personnel who have been issued CEDs will receive training on this policy, including the learning objectives as provided by POST, at least annually (Minn. Stat. § 626.8452, Subd. 3). A reassessment of an officer's knowledge and/or practical skills may be required at any time, if deemed appropriate, by the Training Coordinator. All training and proficiency for CEDs will be documented in the officer's training files. Command staff, supervisors, and investigators should receive CED training as appropriate for the investigations they conduct and review. Officers who do not carry CEDs should receive training that is sufficient to familiarize them with the device and with working with officers who use the device. The Training Coordinator is responsible for ensuring that all members who carry CEDs have received initial and annual proficiency training. Periodic audits should be used for verification. Application of CEDs during training could result in injuries and should not be mandatory for certification. The Training Coordinator should include the following training: (a)A review of this policy. (b)A review of the Use of Force Policy. (c)Performing weak-hand draws or cross-draws until proficient to reduce the possibility of unintentionally drawing and firing a firearm. (d)Target area considerations, to include techniques or options to reduce the unintentional application of probes to the head, neck, area of the heart, and groin. (e)Scenario-based training, including virtual reality training when available. (f)Handcuffing a subject during the application of the CED and transitioning to other force options. Golden Valley Police Department Policy Manual Conducted Energy Device Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Conducted Energy Device - 60 (g)De-escalation techniques. (h)Restraint techniques that do not impair respiration following the application of the CED. (i)Proper use of cover and concealment during deployment of the CED for purposes of officer safety. (j)Proper tactics and techniques related to multiple applications of CEDs. Policy 304 Golden Valley Police Department Policy Manual Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Officer-Involved Shootings and Deaths - 61 Officer-Involved Shootings and Deaths 304.1 PURPOSE AND SCOPE 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 another 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. 304.2 POLICY The policy of the Golden Valley Police Department is to ensure that officer-involved shootings and deaths are investigated in a thorough, fair and impartial manner. 304.3 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. 304.4 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. 304.4.1 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 Golden Valley Police Department would control the investigation if the suspect’s crime occurred in Golden Valley. 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. Golden Valley Police Department Policy Manual Officer-Involved Shootings and Deaths Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Officer-Involved Shootings and Deaths - 62 304.4.2 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. 304.4.3 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. 304.4.4 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). 304.4.5 COOPERATION WITH BUREAU OF CRIMINAL APPREHENSION INVESTIGATIONS The Department will fully cooperate with and promptly respond to requests for information from the Bureau of Criminal Apprehension regarding an officer-involved death investigation (Minn. Stat. § 626.5534). 304.5 INVESTIGATION PROCESS The following procedures are guidelines used in the investigation of an officer-involved shooting or death. 304.5.1 UNINVOLVED OFFICER RESPONSIBILITIES Upon arrival at the scene of an officer-involved shooting or death, the first uninvolved GVPD officer to arrive 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. Golden Valley Police Department Policy Manual Officer-Involved Shootings and Deaths Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Officer-Involved Shootings and Deaths - 63 304.5.2 SUPERVISOR RESPONSIBILITIES Upon arrival at the scene, the first uninvolved GVPD supervisor to arrive should ensure completion of the duties as outlined above, plus: (a)Attempt to obtain a brief overview of the situation from any uninvolved officers. (a)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 GVPD 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 GVPD 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 GVPD officer should be given an administrative order not to discuss the incident with other involved officers or GVPD 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. 304.5.3 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 Assistant Chief. All outside inquiries about the incident shall be directed to the Shift Sergeant. 304.5.4 NOTIFICATIONS The following persons shall be notified as soon as practicable: •Chief of Police •City Manager •City Attorney Golden Valley Police Department Policy Manual Officer-Involved Shootings and Deaths Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Officer-Involved Shootings and Deaths - 64 •Investigation Assistant Chief •officer-involved shooting rollout team •Outside agency investigators (if appropriate) •Internal Affairs Unit supervisor •Psychological/peer support personnel •Chaplain •Medical Examiner (if necessary) •Involved officer's agency representative (if requested) •Public Information Officer 304.5.5 INVOLVED OFFICERS The following shall be considered for the involved officer: (a)Any request for legal or union representation will be accommodated. 1.Involved GVPD 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-GVPD 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 GVPD officer. A licensed psychotherapist may also be provided to any other affected GVPD 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, the 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. 3.A separate fitness-for-duty exam may also be required (see the Fitness for Duty Policy). (e)Communications between the involved officer and a peer support member, peer support counselors, and critical incident stress management team members are addressed in the Wellness Program Policy. _ Golden Valley Police Department Policy Manual Officer-Involved Shootings and Deaths Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Officer-Involved Shootings and Deaths - 65 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 GVPD 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. 304.6 CRIMINAL INVESTIGATION The Prosecuting Attorney's Office is responsible for the criminal investigation into the circumstances of any officer-involved shooting involving injury or death. If available, investigative personnel from this department may be assigned to partner with investigators from outside agencies or the Prosecuting 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)GVPD supervisors and Internal Affairs Unit personnel should not participate directly in any voluntary interview of GVPD 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 the officer's 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. 304.6.1 REPORTS BY INVOLVED GVPD OFFICERS In the event that suspects remain outstanding or subject to prosecution for related offenses, this department shall retain the authority to require involved GVPD officers to provide sufficient information for related criminal reports to facilitate the apprehension and prosecution of those individuals. While the involved GVPD 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, Golden Valley Police Department Policy Manual Officer-Involved Shootings and Deaths Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Officer-Involved Shootings and Deaths - 66 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 GVPD 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. 304.6.2 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. 304.6.3 INVESTIGATIVE PERSONNEL Once notified of an officer-involved shooting or death, it shall be the responsibility of the designated Investigation Unit supervisor to assign appropriate investigative personnel to handle the investigation of related crimes. Department investigators will be assigned to work with investigators from the Prosecuting Attorney's Office and may be assigned to separately handle the investigation of any related crimes not being investigated by the Prosecuting Attorney's Office. All related department reports, except administrative and/or privileged reports, will be forwarded to the designated Investigation Unit supervisor for approval. Privileged reports shall be maintained Golden Valley Police Department Policy Manual Officer-Involved Shootings and Deaths Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Officer-Involved Shootings and Deaths - 67 exclusively by members who are authorized such access. Administrative reports will be forwarded to the appropriate Assistant Chief. 304.7 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 GVPD officers to determine conformance with department policy. This investigation will be conducted under the supervision of the Internal Affairs Unit 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 GVPD 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. Golden Valley Police Department Policy Manual Officer-Involved Shootings and Deaths Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Officer-Involved Shootings and Deaths - 68 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 Internal Affairs Unit 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. 304.8 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 civil legal counsel shall be given reasonable access to all other investigations. 304.9 AUDIO AND VIDEO RECORDINGS Any officer involved in a shooting or death may be permitted to review available Mobile Audio/ Video (MAV), body-worn video, or other video or audio recordings prior to providing a recorded statement or completing reports. 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 video, and other known video or audio recordings of an incident should not be publicly released during an ongoing investigation without consulting the prosecuting attorney and City Attorney's Office. Golden Valley Police Department Policy Manual Officer-Involved Shootings and Deaths Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Officer-Involved Shootings and Deaths - 69 304.9.1 AUDIO AND VIDEO RECORDINGS OF USE OF FORCE INCIDENTS INVOLVING DEATHS OF INDIVIDUALS When a person dies as a result of the use of force by an officer, the Department shall (Minn. Stat. § 13.825, Subd. 2; Minn. Stat. § 626.8473, Subd. 3): (a)Allow certain individuals as identified in Minn. Stat. § 13.825, upon request, to inspect all portable recording system data that documents the incident within five days of the request pursuant to the provisions of Minn. Stat. § 13.825. (b)Release all portable recording system data that documents the incident within 14 days of the incident pursuant to the provisions of Minn. Stat. § 13.825. The Chief of Police should work with the Police Department's Data Designee and the City Clerk when redactions or denials are necessary (Minn. Stat. § 13.825, Subd. 2; Minn. Stat. § 626.8473, Subd. 3). 304.10 DEBRIEFING Following an officer-involved shooting or death, the Golden Valley Police Department should conduct both a Critical Incident Stress Debriefing and a tactical debriefing. See the Wellness Program Policy for guidance on Critical Incident Stress Debriefings. 304.10.1 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. 304.11 MEDIA RELATIONS Any media release shall be prepared with input and concurrence from the City Manager, Communications Director, the supervisor and department representatives responsible for each phase of the investigation. Releases will be available to the Shift Sergeant, Investigation Assistant Chief and Public Information Officer in the event of inquiries from the media. No involved GVPD officer shall make any comment to the media unless theyare authorized by the Chief of Police and City Manager. 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. 304.12 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). Policy 305 Golden Valley Police Department Policy Manual Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Firearms - 70 Firearms 305.1 PURPOSE AND SCOPE 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. 305.1.1 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). 305.2 POLICY The Golden Valley 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 and in good working order and that relevant training is provided as resources allow. 305.3 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 Training Sergeant. 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 Assistant Chief. This exclusion does not apply to the carrying of a single folding pocketknife that is not otherwise prohibited by law. 305.3.1 HANDGUNS The authorized department-issued handgun is the Glock or Sig Sauer 9 mm. 305.3.2 SHOTGUNS The authorized department-issued shotgun is the Mossberg 570. When not deployed, the shotgun shall be properly secured consistent with department training in a locking weapons rack in the patrol vehicle. Golden Valley Police Department Policy Manual Firearms Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Firearms - 71 305.3.3 PATROL RIFLES The authorized department-issued patrol rifle is the Noveski or similar AR-15, M4. The following additional patrol rifles are approved for on-duty use: MAKE MODEL CALIBER FN Scar 16 5.56 Colt M4/AR15 5.56 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 consistent with department training in a locking weapons rack in the patrol vehicle. 305.3.4 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 Training Sergeant 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 Training Sergeant, who will maintain a list of the information. Golden Valley Police Department Policy Manual Firearms Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Firearms - 72 305.3.5 AUTHORIZED SECONDARY HANDGUN Members desiring to carry department or personally owned secondary handguns are subject to the following restrictions: (a)The handgun shall be in good working order and on the department list of approved firearms. (b)Only one secondary handgun may be carried at a time. (c)The purchase of the handgun and ammunition shall be the responsibility of the member unless the handgun and ammunition are provided by the Department. (d)The handgun shall be carried concealed at all times and in such a manner as to prevent unintentional cocking, discharge or loss of physical control. (e)The handgun shall be inspected by the Training Sergeant prior to being carried and thereafter shall be subject to inspection whenever it is deemed necessary. (f)Ammunition shall be the same as department issue. If the caliber of the handgun is other than department issue, the Chief of Police or the authorized designee shall approve the ammunition. (g)Prior to carrying the secondary handgun, 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 handgun functions properly. (h)Members shall provide written notice of the make, model, color, serial number and caliber of a secondary handgun to the Training Sergeant, who will maintain a list of the information. 305.3.6 AUTHORIZED OFF-DUTY FIREARMS The carrying of firearms by members while off-duty is permitted by the Chief of Police but may be rescinded should circumstances dictate (e.g., administrative leave). Members who choose to carry a firearm while off-duty, based on their authority as peace officers, will be required to meet the following guidelines: (a)A personally owned firearm shall be used, carried and inspected in accordance with the Personally Owned Duty Firearms requirements in this policy. 1.The purchase of the personally owned firearm and ammunition shall be the responsibility of the member. (b)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. (c)It will be the responsibility of the member to submit the firearm to the Training Sergeant for inspection prior to being personally carried. Thereafter the firearm shall be subject to periodic inspection by the Training Sergeant. (d)Prior to carrying any off-duty firearm, the member shall demonstrate to the Training Sergeant that the member is proficient in handling and firing the firearm and that it will be carried in a safe manner. Golden Valley Police Department Policy Manual Firearms Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Firearms - 73 (e)The member will successfully qualify with the firearm prior to it being carried. (f)Members shall provide written notice of the make, model, color, serial number, and caliber of the firearm to the Training Sergeant, who will maintain a list of the information. (g)If a member desires to use more than one firearm while off-duty, the member may do so, as long as all requirements set forth in this policy for each firearm are met. (h)Members shall only carry department-authorized ammunition (i)When armed, officers shall carry their badges and Golden Valley Police Department identification cards under circumstances requiring possession of such identification. 305.3.7 AMMUNITION Members shall carry only department-authorized ammunition.. Replacements for unserviceable or depleted ammunition issued by the Department shall be dispensed by the Training Sergeant or shift Sergeant, when the training Sergeant is not available, when needed, in accordance with established policy. New duty ammunition will be issued upon determination of the training sergeant. 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 Training Sergeant when needed, in accordance with established policy. 305.4 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. 305.4.1 REPAIRS OR MODIFICATIONS Each member shall be responsible for promptly reporting any damage or malfunction of an assigned firearm to a supervisor or the Training Sergeant. 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 Training Sergeant. Any repairs or modifications to the member’s personally owned firearm shall be done at his/her expense and must be approved by the Training Sergeant. 305.4.2 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. Golden Valley Police Department Policy Manual Firearms Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Firearms - 74 305.4.3 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 Training Sergeant. 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. 305.4.4 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 Training Sergeant. 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. 305.5 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 Training Sergeant. Members shall not dry fire or practice quick draws except as instructed by the Training Sergeant or other firearms training staff. (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 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 Training Sergeant approved by the Department for inspection and repair. Any firearm deemed in need of repair or service by the Training Sergeant will be immediately removed from service. If Golden Valley Police Department Policy Manual Firearms Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Firearms - 75 the firearm is the member’s primary duty firearm, a replacement firearm will be issued to the member until the duty firearm is serviceable. 305.5.1 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 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 and then stored in the appropriate equipment storage room. 305.5.2 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). 305.5.3 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. 305.6 FIREARMS TRAINING AND QUALIFICATIONS All members who carry a firearm while on-duty are required to successfully complete training quarterly with their duty firearms. In addition to quarterly training, all members will qualify at least annually with their duty firearms (Minn. Stat. § 626.8452). Officers will also receive training on this policy, including the learning objectives as provided by POST, at least annually (Minn. Stat. § 626.8452, Subd. 3). Members will qualify with off-duty and secondary firearms at least twice a year. Training and qualifications must be on an approved range course. At least annually, all members carrying a firearm should receive practical training designed to simulate field situations including low-light shooting. 305.6.1 NON-CERTIFICATION OR NON-QUALIFICATION If any member fails to meet minimum standards for firearms training or qualification for any reason, including injury, illness, duty status or scheduling conflict, that member shall submit Golden Valley Police Department Policy Manual Firearms Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Firearms - 76 a memorandum to his/her immediate supervisor prior to the end of the required training or qualification period. Those who fail to meet minimum standards or qualify on their first shooting attempt shall be provided remedial training and will be subject to the following requirements: (a)Additional range assignments may be scheduled to assist the member in demonstrating consistent firearm proficiency. (b)Members shall be given credit for a range training or qualification when obtaining a qualifying score or meeting standards after remedial training. (c)No range credit will be given for the following: 1.Unauthorized range make-up 2.Failure to meet minimum standards or qualify after remedial training Members who repeatedly fail to meet minimum standards will be removed from field assignment and may be subject to disciplinary action. 305.7 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 their 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 their Assistant Chief 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, the member shall file a written report or provide a recorded statement no later than the end of the next regularly scheduled shift, unless otherwise directed by a supervisor. 305.7.1 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, conducted energy device, 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, becomes impractical, or if the animal reasonably appears to pose an imminent threat to human safety. Golden Valley Police Department Policy Manual Firearms Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Firearms - 77 305.7.2 INJURED ANIMALS A member may euthanize an animal that is so badly injured that human compassion requires its removal from further suffering and where other dispositions are impractical. 305.7.3 WARNING AND OTHER SHOTS Generally, 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. Warning shots shall not be used. 305.7.4 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). 305.8 TRAINING SERGEANT DUTIES The range will be under the exclusive control of the Training Sergeant. All members attending will follow the directions of the Training Sergeant. The Training Sergeant will maintain a roster of all members attending the range and will submit the roster to the Training Coordinator after each range date. Failure of any member to sign in and out with the Training Sergeant 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 Training Sergeant 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 Training Sergeant 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 Training Sergeant. The Training Sergeant 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 Training Sergeant shall complete and submit to the Training Coordinator 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 Training Sergeant should keep accurate records of all training shoots, qualifications, repairs, maintenance or other records as directed by the Training Coordinator. Golden Valley Police Department Policy Manual Firearms Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Firearms - 78 305.9 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 officers 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 Golden Valley 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 Golden Valley Police Department must submit a National Law Enforcement Telecommunications System (NLETS) message prior to the officer's travel. If approved, TSA will send the Golden Valley 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 the 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 should 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 the officer's 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 the officer's 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. (j)Officers shall not consume alcoholic beverages while aboard an aircraft, or within eight hours prior to boarding an aircraft. Golden Valley Police Department Policy Manual Firearms Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Firearms - 79 305.10 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 the officer's Golden Valley Police Department identification card whenever carrying such firearm. (b)The officer may not be 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. Policy 306 Golden Valley Police Department Policy Manual Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Vehicle Pursuits - 80 Vehicle Pursuits 306.1 PURPOSE AND SCOPE Vehicle pursuits expose innocent citizens, law enforcement officers and fleeing violators to the risk of serious injury or death. The primary purpose of this policy is to provide officers with guidance in balancing the safety of the public and themselves against law enforcement's duty to apprehend violators of the law. Another purpose of this policy is to minimize the potential for pursuit-related collisions. Vehicular pursuits require officers to exhibit a high degree of common sense and sound judgment. Officers shall prioritize the safety of the public, officers, and the environment, Officers shall consider that the immediate apprehension of a suspect is generally not more important than the safety of the public and pursuing officers (Minn. Stat. § 626.8458 Subd. 1). 306.1.1 PHILOSOPHY Deciding whether to pursue a motor vehicle is a critical decision that 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 due to the risk involved. This includes circumstances where Department policy would permit the initiation or continuation of the pursuit. It is recognized that vehicle pursuits are not always predictable and decisions made pursuant to this policy will be evaluated according to the totality of the circumstances reasonably available at the time of the pursuit (Minn. Stat. § 626.8458 Subd. 1). Officers must remember that the most important factors to the successful conclusion of a pursuit are proper self-discipline and sound professional judgment. Officers conduct during the course of a pursuit must be objectively reasonable; that is, what a reasonable officer would do under the circumstances. An individual’s unreasonable desire to apprehend a fleeing suspect at all costs has no place in professional law enforcement pursuit (Minn. Stat. § 626.8458 Subd. 2 (2)). 306.2 DEFINITIONS Definitions related to this policy include: Blocking or vehicle intercept - A slow-speed coordinated maneuver where two or more law enforcement vehicles simultaneously intercept and block the movement of a suspect vehicle, the driver of which may be unaware of the impending enforcement stop, with the goal of containment and preventing a pursuit. Blocking is not a moving or stationary road block. 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. Pursuit Intervention Technique (PIT) - A low-speed maneuver intended to terminate the pursuit by causing the violator's vehicle to spin out and come to a stop. Ramming - The deliberate act of impacting a violator's vehicle with another vehicle to functionally damage or otherwise force the violator's vehicle to stop. Golden Valley Police Department Policy Manual Vehicle Pursuits Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Vehicle Pursuits - 81 Roadblocks - A tactic designed to stop a violator's vehicle by intentionally placing a vehicle or other immovable object in the path of the violator's vehicle. Spikes or tack strips - A device that extends across the roadway and is designed to puncture the tires of the pursued vehicle. Vehicle pursuit - An event in which a peace officer attempts to apprehend a driver who ignores the signal to stop by increasing speed, extinguishing headlights or taillights, refusing to stop the vehicle, or using other means with intent to attempt to elude a peace officer (Minn. Stat. § 609.487). 306.3 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; 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 (Minn. Stat. § 169.17). 306.3.1 WHEN TO INITIATE A PURSUIT Officers are authorized to initiate a pursuit when it is reasonable to believe that a suspect is attempting to evade arrest or detention by fleeing in a vehicle that has been given a signal to stop by a peace officer. The following factors individually and collectively shall be considered in deciding whether to initiate or continue a pursuit (Minn. Stat. § 626.8458 Subd. 2(2)): (a)Based on the degree of the known or reasonably suspected crime and its relationship to community safety (b)The importance of protecting the public and balancing the known or reasonably suspected offense and the apparent need for immediate capture against the risks to officers, innocent motorists, and others (c)Apparent nature of the fleeing suspect (e.g., whether the suspect represents a serious threat to public safety) (d)The identity of the suspect has been verified and there is comparatively minimal risk in allowing the suspect to be apprehended at a later time (e)Safety of the public in the area of the pursuit, including the type of area, time of day, the amount of vehicular and pedestrian traffic (e.g., school zones), and the speed of the pursuit relative to these factors (f)The pursuing officer's familiarity with the area of the pursuit, the quality of radio communications between the pursuing units and the dispatcher/supervisor, and the driving capabilities of the pursuing officers under the conditions of the pursuit Golden Valley Police Department Policy Manual Vehicle Pursuits Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Vehicle Pursuits - 82 (g)Weather, traffic, and road conditions that unreasonably increase the danger of the pursuit when weighed against the risks resulting from the suspect's escape (h)Performance capabilities of the vehicles used in the pursuit in relation to the speeds and other conditions of the pursuit (i)Vehicle speeds (j)Other persons in or on the pursued vehicle (e.g., passengers, co-offenders, hostages) (k)Age of the suspect and occupants (l)Availability of other resources, such as aircraft assistance (m)The police unit is carrying passengers other than on-duty police officers. Pursuits should not be undertaken with a prisoner in the pursuit vehicle unless exigent circumstances exist, and then only after the need to apprehend the suspect is weighed against the safety of the prisoner in transport. A unit containing more than a single prisoner should not participate in a pursuit. 306.3.2 WHEN TO TERMINATE A PURSUIT Pursuits should be discontinued whenever the totality of objective circumstances known or which reasonably ought to be known to the officer or supervisor during the pursuit indicates that the present risks of continuing the pursuit reasonably appear to outweigh the risks resulting from the suspect's escape. The above factors on when to initiate a pursuit are expressly included herein and will apply equally to the decision to discontinue as well as the decision to initiate a pursuit. Officers and supervisors must objectively and continuously weigh the seriousness of the offense against the potential danger to innocent motorists, themselves, and the public when electing to continue a pursuit. In the context of this policy, the term "terminate" shall be construed to mean discontinue or to stop chasing the fleeing vehicle. In addition to the factors listed above, the following factors should be considered when deciding whether to terminate a pursuit (Minn. Stat. § 626.8458 Subd. 2 (2)): (a)The distance between the pursuing officers and the fleeing vehicle is so great that further pursuit would be futile or require the pursuit to continue for an unreasonable time or distance. (b)The pursued vehicle's location is no longer definitely known. (c)The officer's pursuit vehicle sustains damage or a mechanical failure that renders it unsafe to drive. (d)The pursuit vehicle suffers an emergency equipment failure that causes the vehicle to no longer qualify for emergency operation use. (e)Extended pursuits of violators for misdemeanors not involving abuse or risk of serious harm (independent of the pursuit) are discouraged. (f)Hazards to uninvolved bystanders or motorists. Golden Valley Police Department Policy Manual Vehicle Pursuits Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Vehicle Pursuits - 83 (g)If the identity of the offender is known and it does not reasonably appear that the need for immediate capture outweighs the risks associated with continuing the pursuit, officers should strongly consider discontinuing the pursuit and apprehending the offender at a later time. (h)When directed to terminate the pursuit by a supervisor. (i)When radio communications are broken or inadequate. (j)When the danger that the continued pursuit poses to the public, the officers, or the suspect is too great, balanced against the risk of allowing the suspect to remain at large. 306.3.3 SPEED LIMITS The speed of a pursuit is a factor that should be evaluated on a continuing basis by the officer and supervisor. Evaluation of vehicle speeds shall take into consideration public safety, officer safety and the safety of the occupants of the fleeing vehicle. Should speeds exceed the posted speed limit during a pursuit, officers and supervisors shall also consider these factors when determining the reasonableness of the speed of the pursuit: (a)Pursuit speeds have become unreasonably unsafe for the surrounding conditions. (b)Pursuit speeds have exceeded the driving ability of the officer. (c)Pursuit speeds are beyond the capabilities of the pursuit vehicle thus making its operation unsafe. 306.4 PURSUIT UNITS Pursuit units should be limited to three vehicles. An officer or supervisor may request additional units to join a pursuit if, after assessing the factors outlined above, it appears that the number of officers involved would be insufficient to safely arrest the suspects. All other officers shall stay out of the pursuit but should remain alert to its progress and location. Any officer who terminates from of a pursuit shall proceed in a different direction of the pursuit at legal speeds, following the appropriate rules of the road. Distinctively marked patrol vehicles should replace unmarked vehicles involved in a pursuit whenever practicable. 306.4.1 VEHICLES WITHOUT EMERGENCY EQUIPMENT Vehicles not equipped with red light and siren are prohibited from initiating or joining in any pursuit. Officers in such vehicles may provide support to pursuing units as long as their vehicle is operated in compliance with all traffic laws. 306.4.2 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 it is unable to remain reasonably close enough to the violator's vehicle. The primary responsibility of the officer initiating the pursuit is the apprehension of the Golden Valley Police Department Policy Manual Vehicle Pursuits Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Vehicle Pursuits - 84 suspects without unreasonable danger to the officer or other persons (Minn. Stat. § 626.8458 Subd. 2 (4)). The primary unit should notify Dispatch, commencing with a request for priority radio traffic, 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. (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 known occupants. (g)Weather, road, and traffic conditions. (h)Identity of other agencies involved in the pursuit. (i)Information concerning the use of firearms, threat of force, injuries, hostages, or other unusual hazards. (j)Request for medical assistance for any person injured in the course of the pursuit (Minn. Stat. § 626.8458 Subd. 2 (6)). Unless relieved by a supervisor or secondary unit, the officer in the primary unit shall be responsible for broadcasting the progress of the pursuit. In an effort to maintain office and public safety, the primary unit may assign communications responsibility to the secondary unit or aircraft joining the pursuit to minimize distractions and allow the primary unit to concentrate foremost on safe pursuit tactics. 306.4.3 SECONDARY UNIT RESPONSIBILITIES The second officer in the pursuit is responsible for the following: (a)Immediately notifying the dispatcher of entry into the pursuit (b)Remaining at a safe distance behind the primary unit unless directed to assume the role of primary officer, or if the primary unit is unable to continue the pursuit (c)Broadcasting the progress of the pursuit if the primary unit has assigned communications responsibility (d)Serve as backup to the primary unit once the subject has been stopped 306.4.4 PURSUIT DRIVING TACTICS The decision to use or not use specific driving tactics requires the same assessment of considerations outlined in the factors to be considered concerning pursuit initiation and termination. The following are tactics for units involved in the pursuit (Minn. Stat. § 626.8458 Subd. 2 (3)): Golden Valley Police Department Policy Manual Vehicle Pursuits Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Vehicle Pursuits - 85 (a)Officers, considering their driving training and vehicle performance capabilities, will space themselves from other involved vehicles such that they are able to see and avoid hazards or react safely to maneuvers by the fleeing vehicle. (b)Officers may proceed past a red, or stop signal, or stop sign but only after slowing down, clearing the intersection, and utilizing a flashing red light and audible siren as may be necessary for safe operation (Minn. Stat. § 169.03, Subd. 2, 169.68 Subd. D). (c)Officers shall not pursue a vehicle driving the wrong way on a roadway, highway, or freeway (Minn. Stat. § 169.13 Subd. 3b.1) unless the suspect(s) are wanted for a violent felony. If officers pursue a vehicle travleing the wrong way, the following tactics shall be considered: 1.Request assistance from an available air unit. 2.Maintain visual contact with the pursued vehicle by paralleling on the correct side of the roadway. 3.Request other units to observe exits available to the suspects. (d)Notify the Minnesota State Patrol or other law enforcement agency if it appears the pursuit may enter their jurisdiction. (e)Officers involved in a pursuit should not attempt to pass other units unless the situation indicates otherwise or they are requested to do so by the primary unit, and a clear understanding of the maneuver process exists between the involved officers. 306.4.5 TACTICS/PROCEDURES FOR UNITS NOT INVOLVED IN THE PURSUIT Officers are authorized to use emergency equipment at intersections along the pursuit path to clear intersections of vehicular and pedestrian traffic to protect the public. Officers should remain in their assigned area and shallnot become involved with the pursuit and no paralleling the pursuit route unless directed otherwise by a supervisor. Non-pursuing personnel needed at the termination of the pursuit shall respond in a non-emergency manner, observing the rules of the road. The primary unit and secondary unit should be the only units operating under emergency conditions (emergency lights and siren) unless a third unitis assigned to the pursuit. 306.4.6 PURSUIT TRAILING In the event the initiating unit from this agency relinquishes control of the pursuit to another unit or jurisdiction, that initiating unit may, with permission of a supervisor, trail the pursuit to the termination point in order to provide necessary information and assistance for the arrest of the suspects. The term "trail" means to follow the path of the pursuit at a safe speed while obeying all traffic laws and without activating emergency equipment. If the pursuit is at a slow rate of speed, the trailing unit will maintain sufficient distance from the pursuit units so as to clearly indicate an absence of participation in the pursuit. Golden Valley Police Department Policy Manual Vehicle Pursuits Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Vehicle Pursuits - 86 306.4.7 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. The primary and secondary ground units should consider whether the participation of an aircraft warrants their continued involvement in the pursuit (Minn. Stat. § 626.8458 Subd. 2 (4)). The air unit should coordinate the activities of resources on the ground, report progress of the pursuit and provide officers and supervisors with details of upcoming traffic congestion, road hazards or other pertinent information to evaluate whether to continue the pursuit. If ground units are not within visual contact and the air unit determines that it is unsafe to continue the pursuit, the air unit should recommend terminating the pursuit. 306.5 SUPERVISORY CONTROL AND 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)). The field supervisor of the officer initiating the pursuit, or if unavailable, the nearest field supervisor will be responsible for the following: (a)Upon becoming aware of a pursuit, immediately notify involved officers and Dispatch of supervisory presence and ascertain all reasonably available information to continuously assess the situation and risk factors associated with the pursuit in order to ensure that the pursuit is conducted within established department guidelines. (b)Engage in the pursuit, when appropriate, to provide on-scene supervision. (c)Exercise management and control of the pursuit even if not engaged in it. (d)Ensure that no more than the number of required law enforcement units needed are involved in the pursuit under the guidelines set forth in this policy. (e)Direct that the pursuit be terminated if, in the field supervisor's judgment, it is not justified to continue the pursuit under the guidelines of this policy. (f)Ensure that aircraft assistance is requested if available. (g)Ensure that the proper radio channel is being used. (h)Ensure the notification and/or coordination of outside agencies if the pursuit either leaves or is likely to leave the jurisdiction of this agency. (i)Control and manage GVPD units when a pursuit enters another jurisdiction. (j)Prepare a post-pursuit critique and analysis of the pursuit for training purposes. 306.5.1 SHIFT SERGEANT RESPONSIBILITIES Upon becoming aware that a pursuit has been initiated, the Shift Sergeant should monitor and continually assess the situation and ensure the pursuit is conducted within the guidelines and requirements of this policy. The Shift Sergeant has the final responsibility for the coordination, Golden Valley Police Department Policy Manual Vehicle Pursuits Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Vehicle Pursuits - 87 control, and termination of a vehicle pursuit and shall be in overall command (Minn. Stat. § 626.8458 Subd. 2 (4)). The Shift Sergeant shall review all pertinent reports for content and forward them to the Assistant Chief. 306.6 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 the jurisdiction of this department or such is imminent, involved units should, whenever available, switch radio communications to an emergency channel most accessible by participating agencies and units. 306.6.1 DISPATCH RESPONSIBILITIES Upon notification that a pursuit has been initiated, Dispatch will be responsible for the following (Minn. Stat. § 626.8458 Subd. 2 (4)): (a)Coordinate pursuit communications of the involved units and personnel. (b)Notify and coordinate with other involved or affected agencies as practicable. (c)Ensure that a field supervisor is notified of the pursuit. (d)Assign an incident number and log all pursuit activities. (e)Broadcast pursuit updates as well as other pertinent information as necessary. (f)Notify the Shift Sergeant as soon as practicable. 306.6.2 LOSS OF PURSUED VEHICLE When the pursued vehicle is lost, the primary unit should broadcast pertinent information to assist other units in locating the vehicle. The primary unit will be responsible for coordinating any further search for either the pursued vehicle or suspects fleeing on foot. 306.7 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 to request the other agency to assume 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)). If a pursuit from another agency enters the department's jurisdiction, Dispatch should update the on-duty supervisor. 306.7.1 ASSUMPTION OF PURSUIT BY ANOTHER AGENCY Golden Valley Police Department officers will discontinue the pursuit when another agency has assumed the pursuit unless continued assistance of the Golden Valley Police Department is Golden Valley Police Department Policy Manual Vehicle Pursuits Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Vehicle Pursuits - 88 requested by the agency assuming the pursuit. Upon discontinuing the pursuit, the primary unit may proceed upon request, with or at the direction of a supervisor, to the termination point to assist in the investigation. The role and responsibilities of officers at the termination of a pursuit initiated by this department shall be coordinated with appropriate consideration of the units from the agency assuming the pursuit. Notification of a pursuit in progress should not be construed as a request to join the pursuit. Requests to or from another agency to assume a pursuit should be specific. Because of communication limitations between local agencies, a request for another agency's assistance will mean that its personnel will assume responsibilities for the pursuit. For the same reasons, when a pursuit leaves another jurisdiction and a request for assistance is made to this department, the other agency should relinquish control. 306.7.2 PURSUITS EXTENDING INTO THIS JURISDICTION The agency that initiates a pursuit shall be responsible for conducting the pursuit. Units from this department should not join a pursuit unless specifically requested to do so by the agency whose peace officers are in pursuit. The exception to this is when a single unit from the initiating agency is in pursuit. Under this circumstance, a unit from this department may join the pursuit until sufficient units from the initiating agency join the pursuit. When a request is made for this department to assist or take over a pursuit from another agency that has entered this jurisdiction, the supervisor should consider these additional following factors: (a)Ability to maintain the pursuit. (b)Circumstances serious enough to continue the pursuit. (c)Adequate staffing to continue the pursuit. (d)The public's safety within this jurisdiction. (e)Safety of the pursuing officers. As soon as practicable, a supervisor or the Shift Sergeant should review a request for assistance from another agency. The Shift Sergeant or supervisor, after consideration of the above factors, may decline to assist in or assume the other agency’s pursuit. Assistance to a pursuing outside agency by officers of this department will terminate at the City limits provided that the pursuing peace officers have sufficient assistance from other sources. Ongoing participation from this department may continue only until sufficient assistance is present. In the event that a pursuit from another agency terminates within this jurisdiction, officers shall provide appropriate assistance to peace officers from the outside agency including, but not limited to, scene control, coordination and completion of supplemental reports and any other assistance requested or needed. Golden Valley Police Department Policy Manual Vehicle Pursuits Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Vehicle Pursuits - 89 306.8 PURSUIT INTERVENTION Pursuit intervention is an attempt to terminate the ability of a suspect to continue to flee in a motor vehicle through tactical application of technology, road spikes, blocking, boxing, PIT (Pursuit Intervention Technique), ramming or roadblock procedures. 306.8.1 WHEN USE AUTHORIZED Use of pursuit intervention tactics should be employed only after approval of a supervisor. In deciding whether 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). It is imperative that officers act within legal bounds using good judgment and accepted practices. 306.8.2 USE OF FIREARMS The use of firearms to disable a pursued vehicle is not generally an effective tactic and involves all the dangers associated with discharging 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. 306.8.3 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. 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. (a)Blocking or vehicle intercept should only be considered in cases involving felony suspects or impaired drivers who pose a threat to public safety 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.All other reasonable intervention techniques have failed or reasonably appear ineffective. 3.Employing the blocking maneuver does not unreasonably increase the risk to officer safety. Golden Valley Police Department Policy Manual Vehicle Pursuits Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Vehicle Pursuits - 90 4.The target vehicle is stopped or traveling at a low speed. 5.At no time should civilian vehicles be used to deploy this technique. (b)Only those officers trained in the use of the PIT will be authorized to use this procedure and only then with approval of a supervisor 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. (c)Ramming a fleeing vehicle should be done only after other reasonable tactical means at the officer's disposal have been exhausted. This tactic should be reserved for situations where there does not appear to be another reasonable alternative method. This policy is an administrative guide to direct officers in their decision-making process before ramming another vehicle. When ramming is used as a means to stop a fleeing vehicle, the following factors should be present: 1.The suspect is an actual or suspected felon, who reasonably appears to represent a serious threat to the public if not apprehended. 2.The suspect is driving with willful or wanton disregard for the safety of other persons or is driving in a reckless and life-endangering manner. 3.If there does not reasonably appear to be a present or immediately foreseeable serious threat to the public, the use of ramming is not authorized. (d)As with all intervention techniques, pursuing officers should obtain supervisor approval before attempting to box a suspect vehicle during a pursuit. The use of such a 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. (e)Spike strips should be deployed only when it is reasonably apparent that only the pursued vehicle will be affected by their use. Prior to the deployment of spike strips, the officer shall notify pursuing units and the supervisor 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. (f)Because roadblocks involve 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 should not be deployed without prior approval of a supervisor, 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. Golden Valley Police Department Policy Manual Vehicle Pursuits Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Vehicle Pursuits - 91 306.8.4 CAPTURE OF SUSPECTS Proper self-discipline and sound professional judgment are the keys to a successful conclusion of a pursuit and apprehension of evading suspects. Officers shall use only that amount of force that reasonably appears necessary under the circumstances to properly perform their lawful duties. Unless relieved by a supervisor, the primary officer should coordinate efforts to apprehend the suspect(s) following the pursuit. Officers should consider safety of the public and the involved officers when formulating plans to contain and capture the suspect. 306.9 REPORTING AND REVIEW REQUIREMENTS All appropriate reports shall be completed to comply with appropriate local and state regulations. The Police Front Office 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 field supervisor shall promptly complete a Supervisor's Log or 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. 12.A preliminary determination that the pursuit appears to be in compliance with this policy or additional review and/or follow-up is warranted. (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. Golden Valley Police Department Policy Manual Vehicle Pursuits Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Vehicle Pursuits - 92 (e)Annually, the Chief of Police should direct a documented review and analysis of Department vehicle pursuits to minimally include policy suitability, policy compliance and training needs. 306.9.1 REGULAR AND PERIODIC PURSUIT TRAINING In addition to initial and supplementary training on pursuits, all licensed non-exempt employees will participate, no less than annually, in regular and periodic training on this policy and the importance of vehicle safety and protecting the public at all times. Training will include a recognition of the need to balance the known offense and the need for immediate capture against the risks to officers and others. The Training Coordinator shall ensure the frequency and content of emergency vehicle operations and vehicle pursuit training meets or exceeds that required by law (Minn. Stat. § 626.8458 Subd. 5). 306.9.2 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. 306.9.3 YEARLY CERTIFICATION This policy shall be reviewed and certified to the state annually that it complies with requirements of any new or revised model policy adopted by the state (Minn. Stat. § 626.8458 Subd. 3). 306.9.4 PUBLIC DISCLOSURE Copies of the current pursuit policy shall be made available to the public on request. Policy 307 Golden Valley Police Department Policy Manual Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Officer Response to Calls - 93 Officer Response to Calls 307.1 PURPOSE AND SCOPE 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). 307.2 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. 307.3 RESPONSE TO CALLS 307.3.1 RESPONSE TO EMERGENCY CALLS Officers responding to an emergency call shall proceed immediately in a manner that maintains officer and public safety. 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 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. 307.3.2 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). 307.4 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. Golden Valley Police Department Policy Manual Officer Response to Calls Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Officer Response to Calls - 94 If circumstances permit, the requesting officer should give the following information: •The unit number •The location •The reason for the request and type of emergency •The number of units required 307.4.1 NUMBER OF UNITS PARTICIPATING The Shift Sergeant or the field supervisor should monitor all emergency responses and reduce or enhance the number of officers on the scene as warranted based on balancing the safety of the community, the officers, and the environment. 307.5 INITIATING EMERGENCY CALL RESPONSE If an officer believes an emergency call response to any call is appropriate, the officer shall immediately notify Dispatch. Emergency responses of more than one unit should include, if circumstances reasonably permit, coordination of the response of the second responding unit by Dispatch to avoid unanticipated intersecting of response routes. An emergency call response of more than one unit should initiate notification by Dispatch to the Shift Sergeant or field supervisor of the response. The Shift Sergeant or field supervisor will make a determination regarding the appropriateness of the response and reduce or enhance the response as warranted. 307.6 RESPONSIBILITIES OF RESPONDING OFFICERS 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; Minn. Stat. § 169.17): (a)Proceed cautiously past a red or stop signal or stop sign but only after slowing down and utilizing a red light or siren 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 when using a warning lamp. 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 Dispatch. An officer shall also discontinue an emergency call response when directed by a supervisor or as otherwise appropriate. Golden Valley Police Department Policy Manual Officer Response to Calls Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Officer Response to Calls - 95 Upon determining that an emergency call response is appropriate, an officer shall immediately give the location from which he/she is responding. 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. 307.7 COMMUNICATIONS RESPONSIBILITIES A dispatcher shall ensure acknowledgment and response of assisting units when an officer requests emergency assistance or when the available information reasonably indicates that the public is threatened with serious injury or death and an immediate law enforcement response is needed. In all other circumstances, the dispatcher shall obtain authorization from the Shift Sergeant or a field supervisor prior to assigning an emergency response. The dispatcher shall: (a)Attempt to assign the closest available unit to the location requiring assistance. (b)Immediately notify the Shift Sergeant. (c)Confirm the location from which the unit is responding. (d)Notify and coordinate outside emergency services (e.g., fire and ambulance). (e)Continue to obtain and broadcast information as necessary concerning the response, and monitor the situation until it is stabilized or terminated. (f)Control all radio communications during the emergency and coordinate assistance under the direction of the Shift Sergeant or field supervisor. 307.8 SUPERVISORY RESPONSIBILITIES Upon being notified that an emergency response has been initiated, the Shift Sergeant or the field supervisor 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. The field supervisor 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 supervisor's judgment, the circumstances require additional units to be assigned an emergency response, the supervisor may do so. It is the supervisor's responsibility to terminate an emergency response that, in his/her judgment, is inappropriate due to the circumstances. When making the decision to authorize an emergency call response, the Shift Sergeant or the field supervisor should consider the following: Golden Valley Police Department Policy Manual Officer Response to Calls Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Officer Response to Calls - 96 •The type of call or crime involved. •The necessity of a timely response. •Traffic and roadway conditions. •The location of the responding units. 307.9 FAILURE OF EMERGENCY EQUIPMENT If the 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 Shift Sergeant, field supervisor or Dispatch of the equipment failure so that another unit may be assigned to the emergency response. 307.10 TRAINING The Training Coordinator shall ensure the frequency and content of emergency vehicle operations training meets or exceeds that required by law (Minn. Stat. § 626.8458). Policy 308 Golden Valley Police Department Policy Manual Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Domestic Abuse - 97 Domestic Abuse 308.1 PURPOSE AND SCOPE The purpose of this policy is to provide the guidelines necessary to deter, prevent, and reduce domestic abuse through 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. 308.1.1 DEFINITIONS Definitions related to this policy include: Child - means a person under the age of 18. 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. Domestic Abuse Program - means a public or private intervention project or advocacy program which provides support and assistance to the victims of domestic abuse. Domestic Call - means a request for assistance to a law enforcement agency regarding domestic abuse or any other crime against a family of household member. Family or Household Member - means spouses, former spouses, parents and children, persons related by blood, and persons who are presently residing together or who have resided together in the past, persons who have a child in common regardless of whether they have been married or have lived together at any time, and persons involved in a significant romantic or sexual relationship.It also includes a man and a woman if the woman is pregnant and the man is alleged to be the father, regardless of whether they have been married or have lived together at any time. 308.2 POLICY The Golden Valley 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 Golden Valley Police Department Policy Manual Domestic Abuse Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Domestic Abuse - 98 to facilitate victims’ and offenders’ access to appropriate civil remedies and community resources whenever feasible. 308.3 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 the responsibility of all officers to exercise due caution and reasonable care in providing for the safety of any officers and parties involved. 308.4 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 the equipment does not capture alleged injuries, such as internal injuries or bruising on melanated skin, officers shall document the equipment used and the injury alleged.When documenting injuries, officers shall use best efforts to use equipment capable of documenting the alleged injury. Where practicable, photographs should be taken by a person of the same gender or by a person with whom the victim is more comfortable. Victims whose injuries are not visible at the time of the incident should be contacted by the Investigation Unitto inquire whether that the injuries later become visible and to document any injuries that appear after the initial interaction. (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. Golden Valley Police Department Policy Manual Domestic Abuse Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Domestic Abuse - 99 (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.Whether the suspect lives on the premises with the victim. 2.Claims by the suspect that the victim provoked or perpetuated the violence. 3.The potential financial or child custody consequences of arrest. 4.The physical or emotional state of either party. 5.Use of drugs or alcohol by either party. 6.Denial that the abuse occurred where evidence indicates otherwise. 7.A request by the victim not to arrest the suspect. 8.Location of the incident (public/private). 9.Speculation that the complainant may not follow through with the prosecution. 10.Actual or perceived characteristics such as race, ethnicity, national origin, religion, sex, sexual orientation, gender identity or expression, economic status, age, cultural group, disability, or marital status of the victim or suspect. 11.The social status, community status, or professional position of the victim or suspect. (k)A domestic call shall be turned over to the appropriate investigator for further follow- up if appropriate.If there is an arrest, the officer and/or investigator shall determine the defendant's criminal record, and if there is evidence of a previous conviction, the peace officer should advise the prosecutors of any enhanced criminal sanctions which may be available. 308.4.1 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. (d) The responding officer(s) should contact Sojourner by phone as soon as possible on all arrest situations and provide the name and address of the victim and a brief factual Golden Valley Police Department Policy Manual Domestic Abuse Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Domestic Abuse - 100 account of events associated with the action. This section shall not apply if prohibited by the Minnesota Government Data Practices Act (MN STAT 13.82, subd. 10). 308.4.2 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. 308.5 VICTIM ASSISTANCE Because victims may be traumatized or confused, officers should be aware that a victim’s behavior and actions may be affected. _ (a)Victims should be provided with the department’s domestic abuse information handout, even if the incident may not rise to the level of a crime. (b)Victims should be alerted to any available victim advocates, shelters, and community resources. (c)When an involved person requests law enforcement assistance while removing essential items of personal property, officers should stand by for a reasonable amount of time. (d)If the victim has sustained injury or complains of pain, officers should seek medical assistance as soon as practicable. (e)Officers should ask the victim whether he/she has a safe place to stay and assist in arranging transportation to an alternate shelter if the victim expresses a concern for his/her safety or if the officer determines that a need exists. (f)Officers should make reasonable efforts to ensure that any children or dependent adults who are under the supervision of the suspect or victim are being properly cared for. (g)If appropriate, officers should seek or assist the victim in obtaining an emergency order. 308.6 DISPATCH ASSISTANCE All calls of domestic abuse, including incomplete 9-1-1 calls, should be dispatched as soon as practicable. Dispatchers are not required to verify the validity of a court order before responding to a request for assistance. Officers should request that dispatchers check whether any of the involved persons are subject to the terms of a court order. Golden Valley Police Department Policy Manual Domestic Abuse Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Domestic Abuse - 101 308.7 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. 308.7.1 CANADIAN ORDERS FOR PROTECTION An order for protection issued by Canada or a Canadian province shall be enforced as if it were the order of a court in this state and afforded the same consideration as foreign court orders with respect to proper issuance and registration (Minn. Stat. § 518F.03). 308.8 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. 308.9 LEGAL MANDATES AND RELEVANT LAWS Minnesota law provides for the following: 308.9.1 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). Golden Valley Police Department Policy Manual Domestic Abuse Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Domestic Abuse - 102 (b)Officers should generally not make dual arrests but may make an arrest of a primary abusing party. 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 abusing party 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 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. Golden Valley Police Department Policy Manual Domestic Abuse Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Domestic Abuse - 103 (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. 308.9.2 REPORTS AND RECORDS (a)Officers should include information related to the following in a report, as applicable (Minn. Stat. § 629.341): 1.Names, addresses, and telephone numbers of all involved persons 2.Description 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.Describe the 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 minor children, who may have been present, noting any language barriers (a) minor children should not interpret for adults, use other resources, such as the language line, refer to the Limited English Proficiency or Communications with Disabilities policies. 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 or 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 Golden Valley Police Department Policy Manual Domestic Abuse Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Domestic Abuse - 104 (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. § 260E.06 et seq. 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. 308.9.3 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. 308.9.4 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 Golden Valley 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 and Evidence Room in accordance with the Property and Evidence Room Policy. Policy 309 Golden Valley Police Department Policy Manual Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Search and Seizure - 105 Search and Seizure 309.1 PURPOSE AND SCOPE 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 Golden Valley Police Department personnel to consider when dealing with search and seizure issues. 309.2 POLICY It is the policy of the Golden Valley 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. 309.3 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. Golden Valley Police Department Policy Manual Search and Seizure Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Search and Seizure - 106 309.4 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)Prior to beginning the search, 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. Property should be left in a condition as close as reasonably possible to its pre-search condition. (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. (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 shall not search areas of the body not covered by clothing, or covered by tight-fitting clothing, sheer clothing or clothing that could not reasonably conceal a weapon. 309.5 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. Policy 310 Golden Valley Police Department Policy Manual Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Temporary Custody of Juveniles - 107 Temporary Custody of Juveniles 310.1 PURPOSE AND SCOPE This policy provides guidelines consistent with the Juvenile Justice and Delinquency Prevention Act for juveniles taken into temporary custody by members of the Golden Valley 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). 310.1.1 DEFINITIONS Definitions related to this policy include: 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. Golden Valley Police Department Policy Manual Temporary Custody of Juveniles Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Temporary Custody of Juveniles - 108 (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). 310.2 POLICY The Golden Valley 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 Golden Valley Police Department. Juveniles should be held in temporary custody only for as long as reasonably necessary for processing, transfer, or release. 310.3 JUVENILES WHO SHOULD NOT BE HELD Unless otherwise stated below, juveniles who exhibit any of the following conditions should not be held at the Golden Valley 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 (f)Status offenders Officers taking custody of a juvenile who exhibits any of the above conditions shall provide medical attention or mental health assistance and notify a supervisor of the situation. These juveniles should not be held at the Golden Valley Police Department unless they have been evaluated and cleared by a qualified medical and/or mental health professional and a supervisor has approved holding the juveniles at the Golden Valley Police Department. Golden Valley Police Department Policy Manual Temporary Custody of Juveniles Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Temporary Custody of Juveniles - 109 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. Continuous direct supervision means 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. 310.3.1 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. 310.4 CUSTODY OF JUVENILES Officers should take custody of a juvenile and temporarily hold the juvenile at the Golden Valley 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 Golden Valley Police Department without authorization of the arresting officer's supervisor or the Shift Sergeant. 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 Golden Valley Police Department (34 USC § 11133). 310.4.1 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 Golden Valley 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,guardian. or adult at the direction of the parent or guardian. (b)Transported to the juvenile's school of enrollment and delivered to a school principal, administrative staff, or teacher. (c)Transported to a child truancy center under Minn. Stat. § 260A.04, Subd. 3. 310.4.2 CUSTODY OF JUVENILE STATUS OFFENDERS Status offenders shall 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 Golden Valley Police Department Policy Manual Temporary Custody of Juveniles Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Temporary Custody of Juveniles - 110 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). 310.4.3 CUSTODY OF JUVENILE OFFENDERS Juvenile offenders should be held in non-secure custody while at the Golden Valley 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). Refer to the Search and Seizure policy for further information. 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 themself or others. (b)Not return for a court hearing. (c)Run away from or otherwise not remain in the care or control of their parent, guardian, or custodian. (d)Face immediate endangerment to the juvenile's 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 communicate with or deliver the juvenile to a secure detention facility to determine whether the juvenile should be released or detained. The officer shall also notify the court as soon as possible of the detention of the juvenile and the reasons for detention (Minn. Stat. § 260B.176). 310.4.4 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, where the victim is a student or staff member and the notice is reasonably necessary for the protection of the victim. Golden Valley Police Department Policy Manual Temporary Custody of Juveniles Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Temporary Custody of Juveniles - 111 (b)There is probable cause to believe a juvenile has committed certain serious crimes listed in Minn. Stat. § 260B.171, subd. 3(a)(1)-(3) regardless of whether the victim is a student or staff member. (c)The juvenile is taken into protective custody and methamphetamine manufacture or storage is involved (see the Child Abuse Policy for guidelines) (see also, Minn. Stat. § 260C.171) However, the department is not required to notify the school if it is determined that notice would jeopardize an ongoing investigation. 310.5 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). (c)That the juvenile may not be detained for acts under Minn. Stat. § 260B.007, Subd. 6 for longer than 6 hours 310.6 JUVENILE CUSTODY LOGS Any time a juvenile is held in custody at the Department the custody shall be promptly and properly documented in the juvenile custody log, including: (a)Identifying information about the juvenile being held. (b)Date and time of arrival and release from the Golden Valley Police Department. (c)Shift Sergeant 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. Golden Valley Police Department Policy Manual Temporary Custody of Juveniles Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Temporary Custody of Juveniles - 112 The on duty Sergeant or OIC Shift Sergeant shall initial the log to approve the custody, including any secure custody and shall also initial the log when the juvenile is released. 310.7 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 Golden Valley 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. 310.8 TEMPORARY CUSTODY REQUIREMENTS Members and supervisors assigned to monitor or process any juvenile at the Golden Valley 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 Golden Valley Police Department more than four hours. This will enable the Shift Sergeant to ensure no juvenile is held at the Golden Valley Police Department more than six hours. (b)A staff member of the same gender 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. Golden Valley Police Department Policy Manual Temporary Custody of Juveniles Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Temporary Custody of Juveniles - 113 (k)Blankets should be provided as reasonably necessary. (l)Adequate shelter, heat, light, and ventilation should be provided without compromising security or enabling escape. (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. 310.9 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 Golden Valley Police Department when the juvenile presents a heightened risk. However, non-offenders and should not be handcuffed unless they are combative or threatening. Status offenders may not be handcuffed. Restraints shall only be used after less restrictive measures have failed and with the approval of the Shift Sergeant. Restraints shall only be used so long as it reasonably appears necessary for the juvenile's protection or the protection of others. Juveniles in restraints shall be kept away from other unrestrained juveniles or monitored in such a way as to protect the juvenile from abuse. 310.10 PERSONAL PROPERTY The officer taking custody of a juvenile offender or status offender at the Golden Valley 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 shall be placed in a property bag. The property shall 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 Golden Valley Police Department. 310.11 SECURE CUSTODY Only juvenile offenders 14 years of age or older may be placed in secure custody (Minn. Stat. § 260B.181).Sergeant or OIC Shift Sergeant approval is required before placing a juvenile offender 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 him/herself or others and secure custody will not increase that risk. Members of this department should not use secure custody for convenience when non-secure custody is or later becomes a reasonable option. Golden Valley Police Department Policy Manual Temporary Custody of Juveniles Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Temporary Custody of Juveniles - 114 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 shall be documented. 310.11.1 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. Only one juvenile offender shall be housed in the Public Safety Center Juvenile lock-up facility. If there is more than one juvenile offender they shall be transported to the appropriate facility ( e.g. Hennepin County Juvenile Detention Center). The following requirements shall apply to the juvenile offender who is held inside the locked enclosure: (a)The juvenile shall constantly be monitored by an audio/video system during the entire custody. (b)The juvenile 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 their well-being (sleeping juveniles or apparently sleeping juveniles should be awakened). 3.Requests or concerns of the juvenile should be logged. 310.12 SUICIDE ATTEMPT, DEATH, OR SERIOUS INJURY OF A JUVENILE The Sergeant/OIC Shift Sergeant will ensure procedures are in place to address the suicide attempt, death, or serious injury of any juvenile held at the Golden Valley 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. Golden Valley Police Department Policy Manual Temporary Custody of Juveniles Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Temporary Custody of Juveniles - 115 (f)Emergency physical/mental health care 310.13 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. If a juvenile asks for their parents or an attorney to be present, the interview or interrogation must be stopped immediately. A reasonable attempt to contact a parent or guardian prior to an interview or interrogation shall be made. 310.14 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). Policy 311 Golden Valley Police Department Policy Manual Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Adult Abuse - 116 Adult Abuse 311.1 PURPOSE AND SCOPE 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 Golden Valley Police Department members as required by law (Minn. Stat. § 626.557). 311.1.1 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. 311.2 POLICY The Golden Valley Police Department will investigate all reported incidents of alleged adult abuse and ensure proper reporting and notification as required by law. 311.3 MANDATORY NOTIFICATION Members_of the Golden Valley 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). 311.3.1 NOTIFICATION PROCEDURE 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 (c)Any evidence of previous maltreatment Golden Valley Police Department Policy Manual Adult Abuse Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Adult Abuse - 117 (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 Golden Valley Police Department, the member receiving the notification shall complete and forward the intake form to the entity responsible for receiving such reports. 311.4 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). 311.5 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. (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. Golden Valley Police Department Policy Manual Adult Abuse Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Adult Abuse - 118 (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). 311.6 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. 311.7 INTERVIEWS 311.7.1 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 Golden Valley Police Department Policy Manual Adult Abuse Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Adult Abuse - 119 practicable, investigating officers should defer interviews until a person who is specially trained in such interviews is available. 311.7.2 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. 311.8 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 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. 311.9 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. 311.9.1 SUPERVISOR RESPONSIBILITIES The Investigation Unit 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 Investigation Unit supervisor that he/she has responded to a drug lab or other narcotics crime scene Golden Valley Police Department Policy Manual Adult Abuse Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Adult Abuse - 120 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. 311.9.2 OFFICER RESPONSIBILITIES Officers responding to a drug lab or other narcotics crime scene where an adult abuse victim is present or where there is evidence that an adult abuse victim lives should: (a)Document the environmental, medical, social and other conditions of the adult, using photography as appropriate and the checklist or form developed for this purpose. (b)Notify the Investigation Unit supervisor so an interagency response can begin. 311.10 STATE MANDATES AND OTHER RELEVANT LAWS Minnesota requires or permits the following: 311.10.1 SUPPORT STAFF RESPONSIBILITIES The Support Staff 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. 311.10.2 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). 311.11 TRAINING The_Department should provide training on best practices in adult abuse investigations to members tasked with investigating these cases. The training should include: (a)Participating in multidisciplinary investigations, as appropriate. (b)Conducting interviews. (c)Availability of therapy services for adults and families. (d)Availability of specialized forensic medical exams. (e)Cultural competence (including interpretive services) related to adult abuse investigations. (f)Availability of victim advocates or other support. Policy 312 Golden Valley Police Department Policy Manual Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Discriminatory Harassment - 121 Discriminatory Harassment 312.1 PURPOSE AND SCOPE This policy is intended to prevent department members from being subjected to discriminatory harassment, including sexual harassment and retaliation. This policy is in addition to the Respectful Workplace Policy in the City of Golden Valley Employee Handbook. Nothing in this policy is intended to create a legal or employment right or duty that is not created by law. 312.2 POLICY The Golden Valley 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. 312.3 DEFINITIONS Definitions related to this policy include: 312.3.1 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 actual or perceived race, ethnicity, national origin, religion, sex, sexual orientation, gender identity or expression, age, disability, pregnancy, genetic information, veteran status, marital status, and any other classification or status 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; making 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 a work environment that is free of discrimination. Golden Valley Police Department Policy Manual Discriminatory Harassment Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Discriminatory Harassment - 122 312.3.2 RETALIATION Retaliation is treating a person differently or engaging in acts of reprisal or intimidation against the person because the person has engaged in protected activity, filed a charge of discrimination, participated in an investigation, or opposed a discriminatory practice. Retaliation will not be tolerated. 312.3.3 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. 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. 312.3.4 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) and the Minnesota Department of Human Rights. (b)Bona fide requests or demands by a supervisor that the member improve the member's 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. 312.4 RESPONSIBILITIES This policy applies to all department personnel. All members shall follow the intent of these guidelines in a manner that reflects department policy, professional 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 the member's 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, the Human Resources Manager, or the City Manager. Any member who believes, in good faith, that the member has been discriminated against, harassed, or subjected to retaliation, or who has observed harassment, discrimination, or Golden Valley Police Department Policy Manual Discriminatory Harassment Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Discriminatory Harassment - 123 retaliation, is encouraged to promptly report such conduct in accordance with the procedures set forth in this policy. 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. 312.4.1 QUESTIONS OR CLARIFICATION Members with questions regarding what constitutes discrimination, sexual harassment, or retaliation are encouraged to contact a supervisor, a manager, the Chief of Police, the Human Resources staff, or the City Manager for further information, direction, or clarification. 312.4.2 SUPERVISOR RESPONSIBILITIES The responsibilities of supervisors and managers shall include but are not limited to: (a)Continually monitoring the work environment and striving to ensure that it is free from all types of unlawful discrimination, including harassment or retaliation. (b)Taking prompt, appropriate action within their work units to avoid and minimize the incidence of any form of discrimination, harassment, or retaliation. (c)Ensuring that their subordinates understand their responsibilities under this policy. (d)Ensuring 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)Making a timely determination regarding the substance of any allegation based upon all available facts. (f)Notifying the Chief of Police or the Human Resources Manager in writing of the circumstances surrounding any and all reported allegations or observed acts of discrimination, harassment, or retaliation no later than the next business day. 312.4.3 SUPERVISOR’S ROLE Supervisors and managers shall be aware of the following: (a)Behavior of supervisors and managers should represent the values of the Department and professional standards. (b)False or mistaken accusations of discrimination, harassment, or retaliation can have negative effects on the careers of innocent members. 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. 312.5 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 all Golden Valley Police Department Policy Manual Discriminatory Harassment Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Discriminatory Harassment - 124 complaints of discrimination, retaliation, or harassment shall be fully documented, and promptly and thoroughly investigated. 312.5.1 SUPERVISOR RESOLUTION Members who believe they are experiencing discrimination, harassment, or retaliation should be encouraged to inform the individual that the behavior is unwelcome, offensive, unprofessional, or inappropriate. However, if the member feels uncomfortable or threatened or has difficulty expressing the member's 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 or from human resources staff. 312.5.2 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 an investigation. Formal investigation of the complaint will be confidential to the extent possible and will include but is not limited to details of the specific incident, frequency and 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, the Human Resources Manager or the City Manager. 312.5.3 ALTERNATIVE COMPLAINT PROCESS No provision of this policy shall be construed to prevent any member from seeking legal redress outside the Department. Members who believe that they have been harassed, discriminated against, or retaliated 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. Members are advised that proceeding with complaints under the provisions of this policy does not in any way affect those filing requirements. 312.6 DOCUMENTATION OF COMPLAINTS All complaints or allegations shall be thoroughly documented on the appropriate forms and in a manner designated by the Chief of Police. The outcome of all reports shall be: (a)Approved by the Chief of Police, the City Manager, or the Human Resources Manager, depending on the ranks of the involved parties. (b)Maintained in accordance with the established records retention schedule. Golden Valley Police Department Policy Manual Discriminatory Harassment Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Discriminatory Harassment - 125 312.6.1 NOTIFICATION OF DISPOSITION The complainant and/or victim will be notified in writing of the disposition of the investigation and the actions taken to remedy or address the circumstances giving rise to the complaint. 312.7 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 the member has been advised of this policy, is aware of and understands its contents, and agrees to abide by its provisions during the member's term with the Department. 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. Policy 313 Golden Valley Police Department Policy Manual Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Child Abuse - 126 Child Abuse 313.1 PURPOSE AND SCOPE The purpose of this policy is to provide guidelines for the investigation of suspected child abuse. This policy also addresses when Golden Valley Police Department members are required to notify the county social services agency of suspected child abuse. 313.1.1 DEFINITIONS Definitions related to this policy include: Child - Unless otherwise specified by a cited statute, a child is any person under the age of 18 years. Child abuse (also known as maltreatment of minors) - 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. § 260E.03; Minn. Stat. § 260E.06). 313.2 POLICY The Golden Valley 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. 313.3 MANDATORY NOTIFICATION Members of the Golden Valley Police Department shall notify the Child Protective Services (CPS) agency when they have reason to believe any of the following may have occurred or when someone reports any of the following (Minn. Stat. § 260E.06): (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 or has consumed alcoholic beverages during the pregnancy in any way that is habitual or excessive (Minn. Stat. § 260E.03, subd. 15; Minn. Stat. § 260E.31). 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. § 260E.12). 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 Golden Valley Police Department Policy Manual Child Abuse Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Child Abuse - 127 sexual conduct and prostitution offenses. Neglect includes failure to supply a child with necessary clothing, shelter, or medical care. See Minn. Stat. § 260E.03 for full definitions of physical abuse, sexual abuse, and neglect. 313.3.1 NOTIFICATION PROCEDURE Notification should occur as follows (Minn. Stat. § 260E.09): (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. § 260E.11). 313.4 INVESTIGATORS Investigators should be available for child abuse investigations. These investigators should: (a)Conduct interviews in child-appropriate interview facilities. (b)Be familiar with forensic interview techniques specific to child abuse investigations. (c)Present all cases of alleged child abuse to the prosecutor for review. Golden Valley Police Department Policy Manual Child Abuse Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Child Abuse - 128 (d)Coordinate with other enforcement agencies, social service agencies, and school administrators as needed. (e)Provide referrals to therapy services, victim advocates, guardians, and support for the child and family as appropriate. (f)Participate in or coordinate with multidisciplinary investigative teams as applicable. 313.5 INVESTIGATIONS AND REPORTING In all reported or suspected cases of child abuse, a report will be written. Officers shall write a report even if the allegations appear unfounded or unsubstantiated. 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. (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). Officers shall contact the County medical examiner in instances of infant death. 313.6 PROTECTIVE CUSTODY Before taking any child into protective custody, the officer should make reasonable attempts to contact the county social services agency. Generally, removal of a child from his/her family, Golden Valley Police Department Policy Manual Child Abuse Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Child Abuse - 129 guardian or other responsible adult should be left to the child welfare authorities when they are present or have become involved in an investigation. 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). 313.6.1 NOTICE TO PARENT OR CUSTODIAN AND CHILD Whenever an officer takes a child into protective custody, the officer shall notify the parent or custodian and the child (age 10 years or older) that they may request that the child be placed with a relative 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. When placement with a relative is requested, the officer will coordinate with the responsible social services agency to ensure the child's safety and well-being in compliance with Minn. Stat. § 260C.181 (Minn. Stat. § 260C.175). 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). Golden Valley Police Department Policy Manual Child Abuse Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Child Abuse - 130 313.6.2 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). 313.7 INTERVIEWS 313.7.1 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. 313.7.2 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. 313.7.3 NOTIFICATION TO PARENTS Generally, officers should cooperate with parents and guardians and seek consent prior to conducting interviews of children. 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. § 260E.22, Subd. 1). 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. When it is possible and substantial child endangerment or sexual Golden Valley Police Department Policy Manual Child Abuse Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Child Abuse - 131 abuse is alleged, the interview may take place outside the presence of the alleged offender and prior to any interviews of the alleged offender (Minn. Stat. § 260E.22). 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. § 260E.22). 313.7.4 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. § 260E.22, Subd. 7). 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. § 260E.22, Subd. 7). 313.7.5 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. § 260E.23): (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. 313.8 MEDICAL EXAMINATIONS 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. Golden Valley Police Department Policy Manual Child Abuse Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Child Abuse - 132 313.9 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. 313.9.1 SUPERVISOR RESPONSIBILITIES The Investigation Unit 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 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 Investigation Unit 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. 313.9.2 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 and the checklist or form developed for this purpose. (b)Notify the Investigation Unit supervisor so an interagency response can begin. 313.9.3 SCHOOL NOTIFICATION If a juvenile is taken into protective custody after being found in an area where methamphetamine was being manufactured or attempted to be manufactured, or where any chemical substances, paraphernalia or waste products related to methamphetamine are stored, the officer who took the juvenile into custody shall notify the chief administrative officer of the juvenile’s school (Minn. Stat. § 260C.171, Subd. 6). 313.10 STATE MANDATES AND OTHER RELEVANT LAWS Minnesota requires or permits the following: 313.10.1 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. § 260E.35). Golden Valley Police Department Policy Manual Child Abuse Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Child Abuse - 133 313.10.2 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). 313.10.3 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. § 260E.12; Minn. Stat. § 260E.14, Subd. 5). Members may disclose the status of an individual as a predatory offender to a child protection worker who is conducting an investigation or a family assessment under Chapter 260E (Minn. Stat. § 243.166; Minn. Stat. § 260E.03). 313.10.4 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. § 260E.01 et seq.). 313.10.5 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 Golden Valley 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 and Evidence Room in accordance with the Property and Evidence Room Policy. 313.11 TRAINING The Training Unit should provide or arrange for 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)Knowledge of victim advocate or guardian ad litem support. Golden Valley Police Department Policy Manual Child Abuse Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Child Abuse - 134 Policy 314 Golden Valley Police Department Policy Manual Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Missing Persons - 135 Missing Persons 314.1 PURPOSE AND SCOPE This policy provides guidance for handling missing person investigations. 314.1.1 DEFINITIONS Definitions related to this policy include: 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 for 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. 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 National Missing and Unidentified Persons System (NamUs), the Minnesota Justice Information Services (MNJIS), the Minnesota Missing and Unidentified Persons Clearinghouse, and the Minnesota Crime Alert Network. Golden Valley Police Department Policy Manual Missing Persons Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Missing Persons - 136 314.2 POLICY The Golden Valley 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. Priority shall be given to missing person cases over property- related cases. Members will initiate an investigation into all reports of missing persons, regardless of the length of time the person has been missing. 314.3 REQUIRED FORMS AND BIOLOGICAL SAMPLE COLLECTION KITS The Investigation Unit 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 314.4 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)). 314.5 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)). (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. Golden Valley Police Department Policy Manual Missing Persons Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Missing Persons - 137 (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 (34 USC § 41308). (j)Complete the appropriate report forms accurately and completely and initiate a search as applicable according to 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). 2.A voluntarily provided biological sample of the missing person, if available (e.g., toothbrush, hairbrush). 3.Any documents that may assist in the investigation, such as court orders regarding custody. 4.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 their 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. 2.The investigation crosses jurisdictional lines. 3.Jurisdictions have pre-established task forces or investigative teams. Golden Valley Police Department Policy Manual Missing Persons Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Missing Persons - 138 314.5.1 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. (j)Using secure electronic communication information, such as the missing person’s cellular telephone number, e-mail address and information from social networking sites. Golden Valley Police Department Policy Manual Missing Persons Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Missing Persons - 139 (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. 314.6 REPORT PROCEDURES AND ROUTING Members 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. 314.6.1 SUPERVISOR RESPONSIBILITIES The responsibilities of the supervisor shall include, but are not limited to: (a)Reviewing and approving missing person reports upon receipt. 1.The reports should be promptly sent to the Support Staff. (b)Ensuring resources are deployed as appropriate. (c)Initiating a command post as needed. (d)Ensuring applicable notifications and public alerts are made and documented. (e)Ensuring that records have been entered into the appropriate missing persons networks. (f)Taking reasonable steps to identify and address any jurisdictional issues to ensure cooperation among agencies. 1.If the case falls within the jurisdiction of another agency, the supervisor should facilitate transfer of the case to the agency of jurisdiction. 314.6.2 SUPPORT STAFF RESPONSIBILITIES The responsibilities of the Support Staff 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 Investigation Unit. Golden Valley Police Department Policy Manual Missing Persons Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Missing Persons - 140 (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). 314.7 INVESTIGATION UNIT 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)Any child aged 9 or under will be continually searched for until the location has been determined. (h)Any child aged 10 to 15 will be searched for in-service Golden Valley Police Department Policy Manual Missing Persons Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Missing Persons - 141 (i)Should continue to make reasonable efforts to locate the missing person and document these efforts at least every 30 days. (j)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. 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. (k)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). (l)Should make appropriate inquiry with the Medical Examiner. (m)Should obtain and forward medical and dental records, photos, X-rays and biological samples, as applicable. (n)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). (o)Should consider making appropriate entries and searches in the National Missing and Unidentified Persons System (NamUs). (p)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). Golden Valley Police Department Policy Manual Missing Persons Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Missing Persons - 142 314.8 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 Police Front Office Supervisor shall ensure that, upon receipt of information that a missing person has been located, the following occurs: (a)Notification is made to BCA. (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. 314.8.1 PERSONS FOUND ALIVE Additional responsibilities related to missing persons who are found alive include: (a)Verifying 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. 314.8.2 UNIDENTIFIED PERSONS Members investigating a case of an unidentified person who is deceased or a living person who cannot assist in identifying themself should: (a)Obtain a complete description of the person. (b)Enter the unidentified person's description into the NCIC Unidentified Person File and the NamUs database. (c)Use available resources, such as those related to missing persons, to identify the person. Golden Valley Police Department Policy Manual Missing Persons Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Missing Persons - 143 314.8.3 DECEASED PERSONS If a deceased person has been identified as a missing person, the Investigation Unit 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. (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. 314.9 CASE CLOSURE The Investigation Unit 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 Golden Valley 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. 314.10 ANNUAL REVIEW Golden Valley Police Department will review this policy annually per current Records protocols. 314.11 TRAINING Subject to available resources, the Training Coordinator should ensure that members of this department whose duties include missing person investigations and reports receive training that includes: Golden Valley Police Department Policy Manual Missing Persons Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Missing Persons - 144 (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. (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)Understanding how racial and gender identity can impact the outcome of a missing persons case. (h)Addressing conflicting information. (i)Key investigative and coordination steps. (j)Managing a missing person case. (k)Additional resources and specialized services. (l)Update procedures for case information and descriptions. (m)Preserving scenes. (n)Internet and technology issues (e.g., Internet use, cell phone use). (o)Media relations. Policy 315 Golden Valley Police Department Policy Manual Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Public Alerts - 145 Public Alerts 315.1 PURPOSE AND SCOPE The purpose of this policy is to provide guidelines for alerting the public to important information and soliciting public aid when appropriate. 315.2 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. 315.3 RESPONSIBILITIES 315.3.1 EMPLOYEE RESPONSIBILITIES Employees of the Golden Valley Police Department should notify their supervisor,Shift Sergeant,Investigation Unit Supervisor, Assistant Chief or Chief 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. 315.3.2 SUPERVISOR RESPONSIBILITIES 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, Assistant Chiefs, City Manager 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 Assistant Chief 315.4 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 Golden Valley Police Department Policy Manual Public Alerts Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Public Alerts - 146 the AMBER Alert program is the safe return of an abducted child by establishing an effective partnership between the community, the media and law enforcement through the Minnesota Crime Alert Network (Minn. Stat. § 299A.61 Subd. 1). 315.4.1 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. 315.4.2 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 Staff 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 Investigation Unit 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 Investigation Unit supervisor shall immediately notify BCA with the pertinent information. 315.5 MINNESOTA CRIME ALERT NETWORK (MCAN) 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, the supervisor shall issue a missing person alert through MCAN to notify the public and request information on the case (Minn. Stat. § 299C.53). Law enforcement agencies, businesses, schools, and community members participate in the network. Golden Valley Police Department Policy Manual Public Alerts Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Public Alerts - 147 315.5.1 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. 315.5.2 PROCEDURE If a supervisor determines that an MCAN alert should be requested, the supervisor should contact the BCA Operations Center and provide the requested information (Minn. Stat. § 299C.53). The Public Information Officer should prepare a press release that includes all available information that might strengthen the assistance by the public or other law enforcement agencies. It should be updated with additional information as it becomes available and useful. All media releases should be coordinated with the BCA. In the event of a confirmed child abduction, whether or not an AMBER Alert or MCAN alert is activated, procedures designed to inform the media should be followed. Initial information to release may include but is not limited to: (a)The nature of the crime that has occurred. (b)The victim's identity, age, and description, if relevant. (c)Photograph if available. (d)The suspect's identity, age, and description, if known. (e)Pertinent vehicle description. (f)Detail regarding location of incident, direction of travel, and potential destinations, if known. (g)Whether there is reason to believe the suspect has a relationship to the victim. (h)Name and phone number of the Public Information Officer or other authorized individual to handle media liaison. (i)A telephone number for the public to call with leads or information. As additional information pertinent to the case becomes available, it shall be forwarded to the BCA. 315.6 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. 315.6.1 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: Golden Valley Police Department Policy Manual Public Alerts Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Public Alerts - 148 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. 315.6.2 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. Policy 316 Golden Valley Police Department Policy Manual Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Victim and Witness Assistance - 149 Victim and Witness Assistance 316.1 PURPOSE AND SCOPE 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. 316.2 POLICY The Golden Valley Police Department is committed to providing guidance and assistance to the victims and witnesses of crime. The employees of the Golden Valley 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. 316.3 CRIME VICTIM SERVICES The crime victim services will be the point of contact for individuals requiring further assistance or information regarding benefits from crime victim resources. This person/organization may also be responsible for maintaining compliance with all legal mandates related to crime victims. 316.3.1 SPECIFIC VICTIM SERVICES DUTIES The crime victim services shall assist the Minnesota Crime Victims Reimbursement Board in performing its duties and ensure that the Support Staff 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). Crime victim services will also (Minn. Stat. § 611A.27): (a)Serve as a sexual assault victim or a sexual assault victim's written designee as the liaison between the Golden Valley 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 the sexual assault examination kit be submitted to a forensic laboratory if the victim had not previously authorized such submission. The crime victim services or the authorized designee should establish procedures for receiving requests for assistance in applying for U visa or T visa status, and make those procedures available to victims. The procedures should provide for responses to these requests to be made in compliance with applicable law and as set forth in the Immigration Violations Policy and applicable law (Minn. Stat. § 611A.95). Golden Valley Police Department Policy Manual Victim and Witness Assistance Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Victim and Witness Assistance - 150 316.4 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 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. 316.5 VICTIM INFORMATION The Administrative Support 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 abuse 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 abuse 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. Golden Valley Police Department Policy Manual Victim and Witness Assistance Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Victim and Witness Assistance - 151 (l)Contact information for the Office of Justice Programs and the Emergency Fund and Crime Victims Reimbursement (Minn. Stat. § 611A.66). 316.6 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. Policy 317 Golden Valley Police Department Policy Manual Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Hate or Prejudice Crimes - 152 Hate or Prejudice Crimes 317.1 PURPOSE AND SCOPE The Golden Valley 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. 317.1.1 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). 317.2 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, ethnicity, gender, sexual orientation, gender identity or expression, or disability (see generally Minn. Stat. § 611A.79, Subd. 1). 317.3 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 making 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. 317.4 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: Golden Valley Police Department Policy Manual Hate or Prejudice Crimes Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Hate or Prejudice Crimes - 153 (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. (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 reports. 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 victims 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 victims 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. 317.5 INVESTIGATION UNIT RESPONSIBILITIES If a case is assigned to the Investigation Unit, 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 victims and other involved individuals as needed. (c)Maintaining statistical data and tracking of suspected hate or prejudice crimes as indicated or required by state law. Golden Valley Police Department Policy Manual Hate or Prejudice Crimes Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Hate or Prejudice Crimes - 154 317.5.1 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 Investigations Unit and submitted to the Chief of Police (Minn. Stat. § 626.5531, Subd. 2). The Chief of Police must file a monthly report describing crimes reported under this section with the Department of Public Safety, Bureau of Criminal Apprehension. 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. 317.5.2 FEDERAL HATE CRIME REPORTING The Police Front Office Supervisor 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 Staff procedures and in compliance with (28 USC § 534(a)). 317.6 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). Policy 318 Golden Valley Police Department Policy Manual Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Standards of Conduct - 155 Standards of Conduct 318.1 PURPOSE AND SCOPE This policy establishes standards of conduct that are consistent with the values and mission of the Golden Valley 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. 318.1.1 STANDARDS OF CONDUCT FOR PEACE OFFICERS The Golden Valley Police Department adopts the Professional Conduct of Peace Officers model policy established and published by the Minnesota Board of Peace Officer Standards and Training Board (POST) (Minn. Stat. § 626.8457). This model policy applies to all peace officers of this department. The provisions of this policy are in addition to collective bargaining agreements or any other applicable law and the City of Golden Valley Handbook. The Department shall report to POST any data regarding the investigation and disposition of cases involving alleged misconduct of officers (Minn. Stat. § 626.8457, Subd. 3). See attachment: MN POST_ Professional Conduct of Peace Officers Model Policy.pdf 318.2 POLICY The continued employment or appointment of every member of the Golden Valley Police Department shall be based on conduct that reasonably conforms to the guidelines set forth herein. Failure to meet the guidelines set forth in this policy, whether on- or off-duty, may be cause for disciplinary action. 318.3 DIRECTIVES AND ORDERS Members shall comply with lawful directives and orders from any department supervisor or person in a position of authority, absent a reasonable and bona fide justification. 318.3.1 UNLAWFUL OR CONFLICTING ORDERS Supervisors shall not knowingly issue orders or directives that, if carried out, would result in a violation of any law or department policy. Supervisors should not issue orders that conflict with any previous order without making reasonable clarification that the new order is intended to countermand the earlier order. No member is required to obey any order that appears to be in direct conflict with any federal law, state law or local ordinance. Following a known unlawful order is not a defense and does not relieve the member from criminal or civil prosecution or administrative discipline. If the legality of an order is in doubt, the affected member shall ask the issuing supervisor to clarify the order or Golden Valley Police Department Policy Manual Standards of Conduct Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Standards of Conduct - 156 shall confer with a higher authority. The 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 a lawful order that is in conflict with a previous lawful 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 lawful order is intended to countermand the previous lawful order or directive, in which case the member is obliged to comply. Members who are compelled to follow a conflicting lawful order after having given the issuing supervisor the opportunity to correct the conflict, will not be held accountable for disobedience of the lawful order or directive that was initially issued. The person countermanding the original order shall notify, in writing, the person issuing the original order, indicating the action taken and the reason. 318.3.2 SUPERVISOR RESPONSIBILITIES Supervisors and managers are required to follow all policies and procedures and may be subject to discipline for: (a)Failure to be reasonably aware of the performance of their subordinates or to provide appropriate guidance and control. (b)Failure to promptly and fully report any known misconduct of a member to their immediate supervisor or to document such misconduct appropriately or as required by policy. (c)Directing a subordinate to violate a policy or directive, acquiescing to such a violation, or demonstrating indifference to any such violation by a subordinate. (d)The unequal or disparate exercise of authority on the part of a supervisor toward any member for malicious or other improper purpose. 318.4 GENERAL STANDARDS Members shall conduct themselves, whether on- or off-duty, in accordance with the United States and Minnesota constitutions and all applicable laws, ordinances, and rules enacted or established pursuant to legal authority. Members shall familiarize themselves with policies and procedures and are responsible for compliance with each. Members should seek clarification and guidance from supervisors in the event of any perceived ambiguity or uncertainty. Discipline may be initiated for any good cause. It is not mandatory that a specific policy or rule violation be cited to sustain discipline. This policy is not intended to cover every possible type of misconduct. 318.5 CAUSES FOR DISCIPLINE The following are illustrative of causes for disciplinary action. This list is not intended to cover every possible type of misconduct and does not preclude the recommendation of disciplinary action Golden Valley Police Department Policy Manual Standards of Conduct Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Standards of Conduct - 157 for violation of other rules, standards, ethics, and specific action or inaction that is detrimental to efficient department service. 318.5.1 LAWS, RULES AND ORDERS (a)Violation of, or ordering or instructing a subordinate to violate any policy, procedure, rule, order, directive, requirement or failure to follow instructions contained in department or City manuals. (b)Disobedience of any legal directive or order issued by any department member of a higher rank. (c)Violation of federal, state, local or administrative laws, rules or regulations. 318.5.2 ETHICS (a)Using or disclosing one’s status as a member of the Golden Valley Police Department in any way that could reasonably be perceived as an attempt to gain influence or authority for non-department business or activity. (b)The wrongful or unlawful exercise of authority on the part of any member for malicious purpose, personal gain, willful deceit or any other improper purpose. (c)The receipt or acceptance of a reward, fee or gift from any person for service incident to the performance of the member's duties (lawful subpoena fees and authorized work permits excepted). (d)Acceptance of fees, gifts or money contrary to the rules of this department and/or laws of the state. (e)Offer or acceptance of a bribe or gratuity. (f)Misappropriation or misuse of public funds, property, personnel or services. (g)Any other failure to abide by the standards of ethical conduct. 318.5.3 DISCRIMINATION, OPPRESSION, OR FAVORITISM Discriminating against, oppressing, or providing favoritism, unless required by law or policy, to any person because of actual or perceived characteristics such as race, ethnicity, national origin, religion, sex, sexual orientation, gender identity or expression, age, disability, economic status, public assistance status, cultural group, veteran status, marital status, and any other classification or status protected by law, or intentionally denying or impeding another in the exercise or enjoyment of any right, privilege, power, or immunity, knowing the conduct is unlawful. 318.5.4 RELATIONSHIPS (a)Unwelcome solicitation of a personal or sexual relationship while on-duty or through the use of one's official capacity. (b)Engaging in on-duty sexual activity including but not limited to sexual intercourse, excessive displays of public affection, or other sexual contact. Golden Valley Police Department Policy Manual Standards of Conduct Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Standards of Conduct - 158 (c)Establishing or maintaining an inappropriate personal or financial relationship, as a result of an investigation, with a known victim, witness, suspect, or defendant while a case is being investigated or prosecuted, or as a direct result of any official contact. (d)Associating, supporting, joining, maintain membership, advocating, or participating in with or joining a criminal gang, organized crime, or criminal syndicate when the member knows or reasonably should know of the criminal nature of the organization. This includes any organization involved in a definable criminal activity or enterprise, except as specifically directed and authorized by this department. (e)Associating on a personal, rather than official, basis in a manner that may interfere with one's ability to maintain the safety of the community, the officers and environment with persons who demonstrate recurring involvement in serious violations of state or federal laws after the member knows, or reasonably should know, of such criminal activities, except as specifically directed and authorized by this department. (f)Joining, maintain membership, supporting, advocating, or participating in the activities of a hate or extremist group (Minn. Stat. § 626.8436). 318.5.5 ATTENDANCE (a)Leaving the job to which the member is assigned during duty hours without reasonable excuse and proper permission and approval. (b)Unexcused or unauthorized absence or tardiness. (c)Excessive absenteeism or abuse of leave privileges. (d)Failure to report to work or to the place of assignment at the time specified and fully prepared to perform duties without reasonable excuse. 318.5.6 UNAUTHORIZED ACCESS, DISCLOSURE, OR USE (a)Unauthorized inappropriate or intentional release of confidential or protected information, materials, data, forms, or reports obtained as a result of the member's position with this department. (b)Disclosing to any unauthorized person any active investigation information. (c)The use of any information, photograph, video, or other recording obtained or accessed as a result of employment or appointment to this department for a nongovernmental purpose, for personal or financial gain or without the express authorization of the Chief of Police or the authorized designee. (d)Loaning, selling, allowing unauthorized use, giving away, or appropriating any department property for personal use, personal gain, or any other improper or unauthorized use or purpose. 318.5.7 EFFICIENCY (a)Neglect of duty. (b)Unsatisfactory work performance including but not limited to failure, incompetence, inefficiency, or delay in performing and/or carrying out proper orders, work Golden Valley Police Department Policy Manual Standards of Conduct Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Standards of Conduct - 159 assignments, or the instructions of supervisors without a reasonable and bona fide excuse. (c)Concealing, attempting to conceal, removing, or destroying defective or incompetent work. (d)Unauthorized sleeping during on-duty time or assignments. (e)Failure to notify the Department within 24 hours of any change in residence address or contact numbers. (f)Failure to notify the Department of Human Resources of changes in relevant personal information (e.g., information associated with benefits determination) in a timely fashion. 318.5.8 PERFORMANCE (a)Failure to disclose or misrepresenting material facts, or making any false or misleading statement on any application, examination form, or other official document, report or form, or during the course of any work-related investigation. (b)The falsification of any work-related records, making misleading entries or statements with the intent to deceive or the willful and unauthorized removal, alteration, destruction and/or mutilation of any department record, public record, book, paper or document. (c)Failure to participate in, or giving false or misleading statements, or misrepresenting or omitting material information to a supervisor or other person in a position of authority, in connection with any investigation or in the reporting of any department--related business. (d)Being untruthful or knowingly making false, misleading or malicious statements that are reasonably calculated to harm the reputation, authority or official standing of this department or its members. (e)Disparaging remarks or conduct concerning duly constituted authority to the extent that such conduct disrupts the efficiency of this department or subverts the good order, efficiency and discipline of this department or that would tend to discredit any of its members. (f)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, while on-duty or while in uniform, or while using any department equipment or system. 3.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. (g)Improper political activity including: 1.Unauthorized attendance while on-duty at official legislative or political sessions. Golden Valley Police Department Policy Manual Standards of Conduct Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Standards of Conduct - 160 2.Solicitations, speeches or distribution of campaign literature for or against any political candidate or position while on-duty or on department property except as expressly authorized by City policy, the collective bargaining agreement, or the Chief of Police. (h)Engaging in political activities during assigned working hours except as expressly authorized by City policy, the collective bargaining agreement, or the Chief of Police. (i)Any act on- or off-duty that brings discredit to this department. 318.5.9 CONDUCT (a)Failure of any member to promptly and fully report activities on his/her part or the part of any other member where such activities resulted in contact with any other law enforcement agency or that may result in criminal prosecution or discipline under this policy. (b)Unreasonable and unwarranted force to a person encountered or a person under arrest. (c)Exceeding lawful peace officer powers by unreasonable, unlawful or excessive conduct. (d)Unauthorized or unlawful fighting, threatening or attempting to inflict unlawful bodily harm on another. (e)Engaging in horseplay that reasonably could result in injury or property damage. (f)Discourteous, disrespectful or discriminatory treatment of any member of the public or any member of this department or the City. (g)Use of obscene, indecent, profane or derogatory language while on-duty or in uniform. (h)Criminal, dishonest, or unprofessional conduct, whether on- or off-duty, that adversely affects the member's relationship with this department. (i)Unauthorized possession of, loss of, or damage to department property or the property of others, or endangering it through carelessness or maliciousness. (j)Attempted or actual theft of department property; misappropriation or misuse of public funds, property, personnel or the services or property of others; unauthorized removal or possession of department property or the property of another person. (k)Activity that is incompatible with a member's conditions of employment or appointment as established by law or that violates a provision of any collective bargaining agreement or contract to include fraud in securing the appointment or hire. (l)Initiating any civil action for recovery of any damages or injuries incurred in the course and scope of employment or appointment without first notifying the Chief of Police of such action. (m)Any other on- or off-duty conduct which any member knows or reasonably should know is unbecoming a member of this department, is contrary to good order, efficiency or morale, or tends to reflect unfavorably upon this department or its members. Golden Valley Police Department Policy Manual Standards of Conduct Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Standards of Conduct - 161 318.5.10 SAFETY (a)Failure to observe or violating department safety standards or safe working practices. (b)Failure to maintain current licenses or certifications required for the assignment or position (e.g., driver’s license, first aid). (c)Failure to maintain good physical condition sufficient to adequately and safely perform law enforcement duties. (d)Unsafe firearm or other dangerous weapon handling to include loading or unloading firearms in an unsafe manner, either on- or off-duty. (e)Carrying, while on the premises of the work place, any firearm or other lethal weapon that is not authorized by the member’s appointing authority. (f)Unsafe or improper driving habits or actions in the course of employment or appointment. (g)Any personal action contributing to a preventable traffic collision. (h)Concealing or knowingly failing to report any on-the-job or work-related accident or injury as soon as practicable but within 24 hours. 318.5.11 INTOXICANTS (a)Reporting for work or being at work while intoxicated or when the member’s ability to perform assigned duties is impaired due to the use of alcohol, medication or drugs, whether legal, prescribed or illegal. (b)Possession or use of alcohol at any work site or while on-duty, except as authorized in the performance of an official assignment. A member who is authorized to consume alcohol is not permitted to do so to such a degree that it may impair on-duty performance. (c)Unauthorized possession, use of, or attempting to bring a controlled substance, illegal drug or non-prescribed medication to any work site. Policy 319 Golden Valley Police Department Policy Manual Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Information Technology Use - 162 Information Technology Use 319.1 PURPOSE AND SCOPE 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.In addition to this policy, Members shall abide by all City-wide technology related policies, including but not limited to those issued by the Information Technology (IT) department or in the Employee Handbook. 319.1.1 DEFINITIONS Definitions related to this policy include: Computer system - All computers (on-site and portable), electronic devices, hardware, software, and resources owned, leased, rented, or licensed by the Golden Valley 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. Cybersecurity incident - An action taken through the use of an information system or network that results in an actual or potentially adverse effect on an information system, network, or the information within (Minn. Stat. § 16E.36, Subd. 1). 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. 319.2 PRIVACY EXPECTATION Members forfeit any expectation of privacy with regard to emails, texts or anything published, shared, transmitted or maintained through file-sharing software or any Internet site that is accessed, transmitted, received or reviewed on any department computer 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 email system, computer network and/or any information placed into storage on any department system or device. This includes records of all keystrokes or Web-browsing history made at any department computer or over any department network. The fact that access to a database, Golden Valley Police Department Policy Manual Information Technology Use Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Information Technology Use - 163 service or website requires a username or password will not create an expectation of privacy if it is accessed through department computers, electronic devices or networks. 319.3 INSPECTION OR REVIEW A supervisor or the authorized designee has the express authority to inspect or review the computer system, all temporary or permanent files, related electronic systems or devices, and any contents thereof, whether such inspection or review is in the ordinary course of his/her supervisory duties or based on cause. Reasons for inspection or review may include, but are not limited to, computer system malfunctions, problems or general computer system failure, a lawsuit against the Department involving one of its members or a member’s duties, an alleged or suspected violation of any department policy, a request for disclosure of data, or a need to perform or provide a service. The IT staff may extract, download or otherwise obtain any and all temporary or permanent files residing or located in or on the department computer system when requested by a supervisor or during the course of regular duties that require such information. 319.4 PROTECTION OF AGENCY SYSTEMS AND FILES All members have a duty to protect the computer system and related systems and devices from physical and environmental damage and are responsible for the correct use, operation, care and maintenance of the computer system. Members shall ensure department computers and access terminals are not viewable by persons who are not authorized users. Computers and terminals should be secured, users logged off and password protections enabled whenever the user is not present. Access passwords, logon information and other individual security data, protocols and procedures are confidential information and are not to be shared. Password length, format, structure and content shall meet the prescribed standards required by the computer system or as directed by a supervisor and shall be changed at intervals as directed by IT staff or a supervisor. It is prohibited for a member to allow an unauthorized user to access the computer system at any time or for any reason. Members shall promptly report any unauthorized access to the computer system or suspected intrusion from outside sources (including the Internet) to a supervisor. 319.5 RESTRICTED USE Members shall not access computers, devices, software or systems for which they have not received prior authorization or the required training. Members shall immediately report unauthorized access or use of computers, devices, software or systems by another member to their supervisors or Shift Sergeants. Members shall not use another person’s access passwords, logon information and other individual security data, protocols and procedures unless directed to do so by a supervisor. Golden Valley Police Department Policy Manual Information Technology Use Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Information Technology Use - 164 319.5.1 SOFTWARE Members shall not copy or duplicate any copyrighted or licensed software. The IT department may make copies or duplicates for backup purposes in accordance with the software company's copyright and license agreement. To reduce the risk of a computer virus or malicious software, members shall not install any unlicensed or unauthorized software on any department computer. Members shall not install personal copies of any software onto any department computer. When related to criminal investigations, software program files may be downloaded only with the approval of the IT staff and with the authorization of the Chief of Police or the authorized designee. No member shall knowingly make, acquire or use unauthorized copies of computer software that is not licensed to the Department while on department premises, computer systems or electronic devices. Such unauthorized use of software exposes the Department and involved members to severe civil and criminal penalties. Introduction of software by members should only occur as part of the automated maintenance or update process of department- or City-approved or installed programs by the original manufacturer, producer or developer of the software. Any other introduction of software requires prior authorization from IT staff and a full scan for malicious attachments. 319.5.2 HARDWARE Access to technology resources provided by or through the Department shall be strictly limited to department-related activities. Data stored on or available through department computer systems shall only be accessed by authorized members who are engaged in an active investigation or assisting in an active investigation, or who otherwise have a legitimate law enforcement or department-related purpose to access such data. Any exceptions to this policy must be approved by a supervisor. 319.5.3 INTERNET USE Internet access provided by or through the Department shall be strictly limited to department- related activities. Internet sites 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, gambling, chat rooms and similar or related Internet sites. Certain exceptions may be permitted with the express approval of a supervisor as a function of a member’s assignment. Downloaded information shall be limited to messages, mail and data files. 319.5.4 OFF-DUTY USE Members shall only use technology resources provided by the Department while on-duty or in conjunction with specific on-call assignments unless specifically authorized by a supervisor. This includes the use of telephones, cell phones, texting, email or any other "off the clock" work-related Golden Valley Police Department Policy Manual Information Technology Use Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Information Technology Use - 165 activities. This also applies to personally owned devices that are used to access department resources. Refer to the Personal Communication Devices Policy for guidelines regarding off-duty use of personally owned technology. 319.6 POLICY It is the policy of the Golden Valley Police Department that members shall use information technology resources, including computers, software and systems, that are issued or maintained by the Department in a professional manner and in accordance with this policy. 319.7 CYBERSECURITY INCIDENTS The Chief of Police or the authorized designee shall report any cybersecurity incident that impacts the Department to the Minnesota Bureau of Criminal Apprehension within 72 hours after an incident has been identified (Minn. Stat. § 16E.36, Subd. 2). 319.8 SYSTEM MANAGEMENT The Information Technology (IT) department shall support the police department Information Technology Use by providing technical oversight, including maintaining the security, functionality, and compliance resources and support. Policy 320 Golden Valley Police Department Policy Manual Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Report Preparation - 166 Report Preparation 320.1 PURPOSE AND SCOPE 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. 320.1.1 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 requiring prompt follow-up action on active leads, or arrest reports where the suspect remains in custody should not be held. Handwritten reports must be prepared legibly. If the report is not legible, the submitting employee will be required by the reviewing supervisor to promptly make corrections and resubmit the report. 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. 320.2 REQUIRED REPORTING Written reports are required in all of the following situations on the appropriate Department- approved form unless otherwise approved by a supervisor. 320.2.1 CRIMINAL ACTIVITY When a member 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 member shall document the incident regardless of whether a victim desires prosecution. Activity to be documented in a written report includes: (a)All arrests (b)All felony crimes (c)All incidents involving violations of crimes or ordinances motivated by bias (Minn. Stat. § 626.5531) (d)Non-felony incidents involving threats or stalking behavior Golden Valley Police Department Policy Manual Report Preparation Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Report Preparation - 167 (e)Situations covered by separate policy. These include: 1.Use of Force Policy 2.Domestic Abuse Policy 3.Child Abuse Policy 4.Adult Abuse Policy 5.Hate or Prejudice Crimes Policy 6.Suspicious Activity Reports Policy (f)All misdemeanor crimes where the victim desires a report Misdemeanor crimes where the victim does not desire a report shall be documented using the department-approved alternative reporting method (e.g., dispatch log). 320.2.2 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 Collisions 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)) 320.2.3 DEATH REPORTS Reports shall be completed by the handling employee. All deaths shall be handled in compliance with the Death Investigations Policy. Golden Valley Police Department Policy Manual Report Preparation Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Report Preparation - 168 320.2.4 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. 320.2.5 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. 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. 320.2.6 ALTERNATE REPORTING FOR VICTIMS Reports that may be submitted by the public via online or other self-completed reporting processes include: (a)Lost property. (b)Misdemeanor thefts of property, other than firearms or materials that threaten public safety, when there is no suspect information or serial number or ability to trace the item. 1.Misdemeanor thefts of cellular telephones may be reported even though they have a serial number. (c)Misdemeanor vandalism with no suspect information and no hate crime implications. (d)Vehicle burglaries with no suspect information or evidence. (e)Stolen vehicle attempts with no suspect information or evidence. (f)Annoying telephone calls with no suspect information. (g)Identity theft without an identifiable suspect. (h)Online or email fraud solicitations without an identifiable suspect and if the financial loss classifies the crime as a misdemeanor. (i)Hit-and-run vehicle collisions with no suspect or suspect vehicle. (j)Supplemental property lists. Members at the scene of one of the above incidents should not refer the reporting party to an alternate means of reporting without authorization from a supervisor. Members may refer victims to online victim assistance programs (e.g., Federal Communications Commission (FCC) website for identity theft, Internet Crime Complaint Center (IC3) website for computer crimes). Golden Valley Police Department Policy Manual Report Preparation Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Report Preparation - 169 320.3 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. 320.3.1 GENERAL POLICY OF HANDWRITTEN REPORTS Some incidents and report forms lend themselves to block print rather than typing. In general, the narrative portion of those reports where an arrest is made or when there is a long narrative should be typed or dictated. Supervisors may require, with the foregoing general policy in mind, block printing or typing of reports of any nature for Department consistency. 320.3.2 GENERAL USE OF OTHER HANDWRITTEN FORMS County, state and federal agency forms may be block printed as appropriate. In general, the form itself may make the requirement for typing apparent. 320.4 REPORT CORRECTIONS Supervisors shall review reports for content and accuracy. If a correction is necessary, the reviewing supervisor should complete the Report Correction Form stating the reasons for rejection. The original report and the correction form 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. 320.5 REPORT CHANGES OR ALTERATIONS Reports that have been approved by a supervisor and submitted to the Support Staff 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 Staff may be corrected or modified by the authoring employee only with the knowledge and authorization of the reviewing supervisor. 320.6 ELECTRONIC SIGNATURES The Golden Valley Police Department has established an electronic signature procedure for use by all employees of the Golden Valley Police Department. The Patrol Assistant Chief 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. Golden Valley Police Department Policy Manual Report Preparation Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Report Preparation - 170 320.7 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). The Support Staff 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 Staff 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). Policy 321 Golden Valley Police Department Policy Manual Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Media Relations - 171 Media Relations 321.1 PURPOSE AND SCOPE This policy provides guidelines for media releases and media access to scenes of disasters, criminal investigations, emergencies and other law enforcement activities. 321.2 RESPONSIBILITIES The ultimate authority and responsibility for the release of information to the media shall remain with the Chief of Police, City Manager and communications staff. However, in situations not warranting immediate notice to the Chief of Police and in situations where the Chief of Police has given prior approval, Assistant Chiefs, 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. 321.2.1 MEDIA REQUEST Any media request for information or access to a law enforcement situation shall be referred to the City Manager and Communications Department. 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 communications department. (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. 321.3 MEDIA ACCESS Authorized members of the media may 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 shall be prevented from interfering with emergency operations and criminal investigations. Golden Valley Police Department Policy Manual Media Relations Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Media Relations - 172 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 be coordinated through the communications 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. 321.3.1 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 the Shift Sergeant. 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). 321.3.2 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. 321.4 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 Golden Valley Police Department Policy Manual Media Relations Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Media Relations - 173 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 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. Any requests for copies of related reports or additional information not contained in this log shall be referred to the department's data designee, the custodian of records (if outside of the police department), or if unavailable, to the Assistant Chief of Operations. Such requests will generally be processed in accordance with the provisions of the Minnesota Government Data Practices Act (Minn. Stat. § 13.03) and the City's Data Practices Policies. 321.4.1 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 Maintenance and Release Policy and the Personnel Records Policy). When in doubt, authorized and available legal counsel should be obtained by contacting the City Attorney. Policy 322 Golden Valley Police Department Policy Manual Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Court Appearance and Subpoenas - 174 Court Appearance and Subpoenas 322.1 PURPOSE AND SCOPE This policy establishes the guidelines for department members who must appear in court. It will allow the Golden Valley Police Department to cover any related work absences and keep the Department informed about relevant legal matters. 322.2 POLICY Golden Valley Police Department members will respond appropriately to all subpoenas and any other court-ordered appearances. 322.3 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, email, 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). 322.3.1 SPECIAL NOTIFICATION REQUIREMENTS Any member who is subpoenaed to testify, agrees to testify or provides information on behalf of or at the request of any party other than the City Attorney or the prosecutor shall notify his/her immediate supervisor without delay regarding: (a)Any civil case where the City or one of its members, as a result of his/her official capacity, is a party. (b)Any civil case where any other city, county, state or federal unit of government or a member of any such unit of government, as a result of his/her official capacity, is a party. (c)Any criminal proceeding where the member is called to testify or provide information on behalf of the defense. (d)Any civil action stemming from the member's on-duty activity or because of his/her association with the Golden Valley Police Department. (e)Any personnel or disciplinary matter when called to testify or to provide information by a government entity other than the Golden Valley Police Department. The supervisor will then notify the Chief of Police and the appropriate prosecuting attorney as may be indicated by the case. The city attorney andChief of Police should determine if additional legal support is necessary No member shall be retaliated against for testifying in any matter. Golden Valley Police Department Policy Manual Court Appearance and Subpoenas Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Court Appearance and Subpoenas - 175 322.3.2 CIVIL SUBPOENA The Department will compensate members who appear in their official capacities on civil matters arising out of their official duties, in accordance with any collective bargaining agreement. The City Finance Department should seek reimbursement for the member's compensation through the civil attorney of record who subpoenaed the member. 322.3.3 OFF-DUTY RELATED SUBPOENAS Members receiving valid subpoenas for off-duty actions not related to their employment or appointment will not be compensated for their appearance. Arrangements for time off shall be coordinated through their immediate supervisors. 322.4 FAILURE TO APPEAR Any member who fails to comply with the terms of any properly served subpoena or court-ordered appearance may be subject to discipline. This includes properly served orders to appear that were issued by a state administrative agency. 322.5 STANDBY To facilitate standby agreements, members are required to provide and maintain current information on their addresses and contact telephone numbers with the Department. If a member on standby changes his/her location during the day, the member shall notify the designated department member of how he/she can be reached. Members are required to remain on standby until released by the court the party that issued the subpoena, or the city prosecutor. 322.6 COURTROOM PROTOCOL When appearing in court, members shall: (a)Be punctual and prepared to proceed immediately with the case for which they are scheduled to appear. (b)Dress in the department uniform or business attire. (c)Observe all rules of the court in which they are appearing and remain alert to changes in the assigned courtroom where their matter is to be heard. 322.6.1 TESTIMONY Before the date of testifying, the subpoenaed member may request a copy of relevant reports and become familiar with the content in order to be prepared for court. 322.7 OVERTIME APPEARANCES When a member appears in court on his/her off-duty time, he/she will be compensated in accordance with any current collective bargaining agreement . Policy 323 Golden Valley Police Department Policy Manual Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Part-Time Officers - 176 Part-Time Officers 323.1 PURPOSE AND SCOPE The Golden Valley Police Department Part-Time Unit was established to supplement and assist licensed police officers in their duties. This unit provides professional, licensed part-time officers who can augment regular staffing levels (Minn. R. 6700.1110). 323.1.1 DEFINITIONS Definitions related to this policy include (Minn. Stat. § 626.84, Subd. 1): Part-time officer - A person who has been licensed by the Board of Peace Officer Standards and Training (POST), who is utilized for no more than an average of 20 hours per week and no more than 1040 hours per calendar year, and who has either full powers of arrest or has been authorized by the Chief of Police to carry a firearm while on active duty. 323.2 POLICY The Golden Valley Police Department shall ensure that part-time officers are properly appointed, trained and supervised and that they maintain the appropriate certifications and readiness to carry out their assigned duties. 323.3 RECRUITMENT AND SELECTION The Golden Valley Police Department shall endeavor to recruit and appoint only those applicants who meet the high ethical, moral and professional standards set forth by this department. All applicants shall be required to meet and pass the same pre-employment procedures as regular full-time police officers before appointment. 323.3.1 APPOINTMENT Applicants who are selected for appointment as part-time officers shall, on the recommendation of the Chief of Police and the City Manager, be sworn in and take the Oath of Office in accordance with the Oath of Office Policy and as required for the position. Part-time officers are considered at-will employees and may be dismissed at the discretion of the Chief of Police, with or without cause. Part-time officers shall have no property interest in continued appointment. However, if a part-time officer is removed for alleged misconduct, the part- time officer 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. 323.4 IDENTIFICATION AND UNIFORMS Part-time officers will be issued Golden Valley Police Department uniforms, badges and identification cards. The uniforms and badges shall be the same as those worn by regular full- time police officers. The identification cards will be the standard Golden Valley Police Department identification cards, with the exception that "Part-time" will be indicated on the cards. Golden Valley Police Department Policy Manual Part-Time Officers Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Part-Time Officers - 177 323.5 AUTHORITY Part-time officers shall perform peace officer duties within the scope of their approved training. Part-time officers: (a)Perform law enforcement functions and have the authority to arrest on behalf of this department. (b)Shall not exercise peace officer duties when off-duty. 323.6 COMPENSATION Compensation for part-time officers is provided as follows: (a)Part-time officers are issued uniforms and all designated attire and safety equipment, as applicable to their positions. All property issued to part-time officers shall be returned to this department upon termination or resignation. 323.7 COMPLIANCE Part-time officers shall be required to adhere to all department policies and procedures. A copy of the policies and procedures will be made available to each part-time officer upon appointment. The officers shall become thoroughly familiar with these policies. Whenever a rule, regulation or guideline in this Policy Manual refers to a regular full- time police officer, it shall also apply to a part-time officer, unless by its nature it is inapplicable. Part-time officers are required by this department to meet department-approved training requirements. All part-time officers are required to attend scheduled meetings. Any absences must be satisfactorily explained to the part-time officer coordinator. 323.8 FIREARMS Part-time officers shall successfully complete department-authorized training in the use of firearms. Their appointments must be approved by the City prior to being issued firearms by this department or otherwise acting as part-time officers on behalf of the Golden Valley Police Department (Minn. Stat. § 626.8452, Subd. 2). Part-time officers will be issued duty firearms as specified in the Firearms Policy. Any part- time officer who is permitted to carry a firearm other than the assigned duty weapon or any optional firearm may do so only in compliance with the Firearms Policy. Part-time officers are required to maintain proficiency with firearms used in the course of their assignments. Part-time officers shall comply with all training and qualification requirements set forth in the Firearms Policy. 323.8.1 CONCEALED FIREARMS A part-time officer shall not carry a concealed firearm while in an off-duty capacity, other than to and from work, unless he/she possesses a valid concealed weapon permit (Minn. Stat. § 624.714). Golden Valley Police Department Policy Manual Part-Time Officers Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Part-Time Officers - 178 An instance may arise where a part-time officer is assigned to a plainclothes detail for his/her assigned tour of duty. Under these circumstances, the part-time officer may be permitted to carry a weapon more suited to the assignment, but only with the knowledge and approval of the supervisor in charge of the detail. Any part-time officer who is permitted to carry a firearm other than the assigned duty weapon may do so only after verifying that the weapon conforms to department standards. The weapon shall comply with all the requirements set forth in the Firearms Policy. Before being allowed to carry any optional firearm during an assigned tour of duty, the part- time officer shall demonstrate his/her proficiency with the weapon. 323.9 PART-TIME OFFICER COORDINATOR The Chief of Police shall delegate certain responsibilities to a part-time officer coordinator. The coordinator shall be appointed by and directly responsible to the Patrol Assistant Chief or the authorized designee. The part-time officer coordinator may appoint a senior part-time member or other designee to assist in the coordination of part-time officers and their activities. The responsibilities of the coordinator or the authorized designee include, but are not limited to: (a)Assigning part-time officers. (b)Conducting part-time officer meetings. (c)Establishing and maintaining a part-time officer callout roster. (d)Maintaining and ensuring performance evaluations are completed. (e)Monitoring the field training progress of part-time officers. (f)Monitoring individual part-time officer performance. (g)Monitoring overall part-time officer activities. (h)Maintaining a liaison with other agency part-time officer coordinators. (i)Establishing written procedures governing the supervision of part-time officers including (Minn. R. 6700.1110): 1.Duties and responsibilities of supervisors. 2.How supervisors will be notified of the responsibility for assuming supervision of a part-time officer. 3.How the identity and location of supervisors are identified for part-time officers. 4.Ensuring part-time officers have the ability to directly contact their supervisor and that part-time officers and supervisors can achieve direct personal contact within a reasonable time. 5.When part-time officers are authorized to be and considered to be on active- duty status for the Golden Valley Police Department. Golden Valley Police Department Policy Manual Part-Time Officers Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Part-Time Officers - 179 6.How part-time officers and their supervisors are notified when part-time officers are on active duty status and no longer on active duty status. (j)Establishing written procedures for part-time officers to record and report time worked as required by Minn. R. 6700.1115. (k)Ensuring a written joint powers agreement conferring full power and authority within this jurisdiction is in place prior to agreeing to monitor a part-time officer from another jurisdiction (Minn. R. 6700.1110). (l)Ensuring copies of all procedures related to this policy are provided to all part- time officers before they are authorized to exercise part-time officer authority and to all members supervising part-time officers (Minn. R. 6700.1125). 323.10 FIELD TRAINING All part-time officers shall complete the same department-specified field training as regular full- time police officers, as described in the Field Training Policy. 323.11 SUPERVISION Part-time officers may perform the same duties as regular full-time officers of this department provided they are under the direct or indirect supervision of a supervisor or officer in charge (Minn. Stat. § 626.8465; Minn. R. 6700.1110). Part-time officers should not supervise a regular full-time officer. 323.11.1 EVALUATIONS While in training, part-time officers should be continuously evaluated using standardized daily and weekly observation reports. The part-timeofficer will be considered a trainee until he/she has satisfactorily completed training. Part-time officers who have completed their field training should be evaluated annually using performance dimensions applicable to the duties and authorities granted to that part-time officer. 323.11.2 INVESTIGATIONS AND COMPLAINTS If a part-time officer has a personnel complaint made against him/her or becomes involved in an internal investigation, the matter shall be investigated in compliance with the Personnel Complaints Policy. Policy 324 Golden Valley Police Department Policy Manual Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Outside Agency Assistance - 180 Outside Agency Assistance 324.1 PURPOSE AND SCOPE The purpose of this policy is to provide guidance to members when requesting or responding to a request for mutual aid or when assisting another law enforcement agency. 324.2 POLICY It is the policy of the Golden Valley Police Department to promptly respond to requests for assistance by other law enforcement agencies, subject to available resources and consistent with the applicable laws and policies of this department. 324.3 ASSISTING OUTSIDE AGENCIES Generally, requests for any type of assistance from another agency should be routed to the Shift Sergeant’s office for approval. 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. In some instances, a memorandum of understanding or other established protocol may exist that eliminates the need for approval of individual requests. When another law enforcement agency requests assistance from this department, the Shift Sergeant may authorize, if available, an appropriate number of personnel to assist. Members are reminded that their actions when rendering assistance must conform with applicable laws and be consistent with the policies of this department. Officers may respond to a request for emergency assistance; however, they shall notify a supervisor of their activity as soon as practicable. Arrestees may be temporarily detained by this department until arrangements for transportation are made by the outside agency. Probation violators who are temporarily detained by this department will not ordinarily be booked at this department. Only in exceptional circumstances, and subject to supervisor approval, will this department provide transportation of arrestees to other facilities on behalf of another agency. When transportation assistance is rendered, a report shall be prepared and submitted by the handling member unless otherwise directed by a supervisor. 324.3.1 AGREEMENTS The Department may, at the discretion of the Chief of Police, and with City Council approval, establish an agreement with another law enforcement 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. Golden Valley Police Department Policy Manual Outside Agency Assistance Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Outside Agency Assistance - 181 324.3.2 INITIATED ACTIVITY Any on-duty officer who engages in law enforcement activities of any type that are not part of a mutual aid request and take place outside the jurisdiction of the Golden Valley Police Department shall notify his/her supervisor or the Shift Sergeant and Dispatch as soon as practicable. This requirement does not apply to special enforcement details or multi-agency units that regularly work in multiple jurisdictions. 324.4 REQUESTING OUTSIDE ASSISTANCE If assistance is needed from another agency, the member requesting assistance should, if practicable, first notify a supervisor. The handling member or supervisor should direct assisting personnel to where they are needed and to whom they should report when they arrive. The requesting member should arrange for appropriate radio communication capabilities, if necessary and available, so that communication can be coordinated between assisting personnel. 324.5 REPORTING REQUIREMENTS Incidents of outside assistance or law enforcement activities that are not documented in a crime report shall be documented in a general case report or as directed by the Shift Sergeant. 324.6 MANDATORY SHARING Equipment and supplies purchased with federal funds or grants that require such equipment and supplies be shared with other agencies should be documented and updated as necessary by the Administrative Support Assistant Chief or the authorized designee. The documentation should include: (a)The conditions relative to sharing. (b)The training requirements for: 1.The use of the supplies and equipment. 2.The members trained in the use of the supplies and equipment. (c)Any other requirements for use of the equipment and supplies. Copies of the documentation should be provided to Dispatch and the Shift Sergeant to ensure use of the equipment and supplies is in compliance with the applicable sharing agreements. The Training Coordinator should maintain documentation that the appropriate members have received the required training. Policy 325 Golden Valley Police Department Policy Manual Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Registered Predatory Offender - 182 Registered Predatory Offender 325.1 PURPOSE AND SCOPE This policy establishes guidelines by which the Golden Valley 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. 325.1.1 DEFINITIONS Definitions related to this policy: Predatory Offender Registration and Community Notification refers to the Minnesota law that requires certain predatory offenders to register with the Minnesota Department of Public Safety Predatory Offender Unit.The law also provides for community notification about certain adult predatory offenders who have been incarcerated by the Minnesota Department of Corrections (DOC) or confined by the Minnesota Department of Human Services (DHS). Offender Risk Levels means the level of notification is governed by the level of risk assigned by the DOC. Three possible risk levels can be assigned to an offender.They are: •Level 1 – low risk of re-offending •Level 2 – moderate risk of re-offending •Level 3 – high risk of re-offending Note: Some offenders who are required to register as predatory offenders are not assigned a risk level because their sentence was completed prior to predatory offender legislation or because they have not spent time in state or federal prison. These offenders are not subject to community notification. 325.2 POLICY It is the policy of the Golden Valley 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 and to disclose those risks to the community based on the level of danger posed by the offender, the offender's pattern of offending behavior and the needs of community members to enhance their individual and collective safety. 325.3 REGISTRATION The Investigation Unit 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. Golden Valley Police Department Policy Manual Registered Predatory Offender Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Registered Predatory Offender - 183 Those assigned to register offenders should receive appropriate training regarding the registration process. Upon conclusion of the registration process, the investigator 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 NOTIFICATION TO REGISTRANTS The registration process established by the Investigation Unit supervisor 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). 325.3.2 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). (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. Golden Valley Police Department Policy Manual Registered Predatory Offender Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Registered Predatory Offender - 184 325.3.3 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. 325.4 MONITORING OF REGISTERED OFFENDERS The Investigation Unit supervisor 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 using an unobtrusive method, such as an internet search or drive-by of the declared residence. (b)Review of information on the BCA secure website or the Department of Corrections Offender Information (DOC) website. (c)Contact with a registrant’s parole or probation officer, if any. Any discrepancies should be reported to BCA in writing. The Investigation Unit supervisor should also establish a procedure to routinely disseminate information regarding registered offenders to Golden Valley Police Department personnel who have a need to know, 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 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 Chief of Policeor authorized designee 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 LEVEL 1 DISCLOSURE Data maintained by law enforcement may be subject to limited disclosure as follows (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 2.Adult members of the offender's immediate household (b)Discretionary disclosure: Golden Valley Police Department Policy Manual Registered Predatory Offender Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Registered Predatory Offender - 185 1.Other witnesses or victims 2.Other law enforcement agencies 325.5.1 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, home care provider, or hospice provider of the status of any registered predatory offender under Minn. Stat. § 243.166 who is receiving 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). 325.5.2 LEVEL 2 DISCLOSURE 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). 325.5.3 LEVEL 3 DISCLOSURE 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. Golden Valley Police Department Policy Manual Registered Predatory Offender Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Registered Predatory Offender - 186 (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)). 325.5.4 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, home care provider, or hospice 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 325.5.5 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. (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. 325.5.6 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 Golden Valley Police Department Policy Manual Registered Predatory Offender Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Registered Predatory Offender - 187 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. 325.5.7 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 Investigation Unit supervisor (Minn. Stat. § 243.166, Subd. 3a). 325.5.8 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 Chapter 260E (Minn. Stat. § 243.166). 325.7 REGISTERED PREDATORY OFFENDER (RPO) COMPLIANCE CHECKS The Golden Valley Police Department will do once yearly compliance checks and may do random compliance checks on persons who are registered as a predatory offender and list that they are currently residing in the City of Golden Valley. The police chief orf authorized designee will be responsible for monitoring which registered offenders are currently listed as residing in the City of Golden Valley through the DOC information web site. Golden Valley Police Department Policy Manual Registered Predatory Offender Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Registered Predatory Offender - 188 Random and yearly checks on RPO will be done by uniform patrol officers who will be assigned to check and confirm if the RPO is still living at the address listed and if in compliance with his/her registration.These random checks will be assigned by the Chief of Police's authorized designee and a form with the RPO information will be issued to follow up on.If the RPO is in compliance the form should be filled out and given back to the investigation's designee for documentation of the contact and confirmation. A photo of the RPO should be taken and uploaded to the DOC website at least once a year. If the RPO is not currently living at the registered address or is not in compliance with full information, then the form should be completed and forwarded to the Chief of Police's authorized designee for further follow-up.If it is determined that the RPO is in violation then the investigation detective should follow up and refer to County attorney for the appropriate charges. Each year, the authorized designee in charge of the compliance checks will submit a report of all annually and random compliance checks to the Chief of Police. Policy 326 Golden Valley Police Department Policy Manual Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Major Incident Notification - 189 Major Incident Notification 326.1 PURPOSE AND SCOPE 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 Golden Valley 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 Assistant Chief. 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- or off-duty (See Officer-Involved Shootings and Deaths Policy for special notifications). •Significant injury or death to an employee, whether on- or off-duty. •Death of a prominent Golden Valley official. •Arrest of Department employee or prominent Golden Valley 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. 326.4 SHIFT SERGEANT RESPONSIBILITIES The Shift Sergeant is responsible for making the appropriate notifications. The Shift Sergeant shall make reasonable attempts to obtain as much information on the incident as possible before notification. The Shift Sergeant shall attempt to make the notifications as soon as practicable. Notification should be made by using the call notification protocol posted in Dispatch. 326.4.1 STAFF NOTIFICATION In the event an incident occurs as identified in the Minimum Criteria for Notification, the Chief of Police shall be notified along with the affected Assistant Chief and the Investigation Unit Assistant Chief if that division is providing assistance. Golden Valley Police Department Policy Manual Major Incident Notification Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Major Incident Notification - 190 326.4.2 DETECTIVE NOTIFICATION If the incident requires that an officer or investigator respond from home, the immediate supervisor of the appropriate detail shall be contacted. 326.4.3 PATROL SUPERVISOR NOTIFICATION In the event of a traffic fatality or major injury, the Traffic Sergeant shall be notified, who will then contact the appropriate investigator. The traffic sergeant will notify the traffic lieutenant. 326.4.4 PUBLIC INFORMATION OFFICER (PIO) The Public Information Officer shall be called after members of staff have been notified that it appears the media may have a significant interest in the incident. Policy 327 Golden Valley Police Department Policy Manual Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Death Investigation - 191 Death Investigation 327.1 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. 327.1.1 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. (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. Golden Valley Police Department Policy Manual Death Investigation Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Death Investigation - 192 (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. 327.1.2 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 dead body (Minn. Stat. § 390.221). An officer shall make a reasonable search of an individual who it is reasonable to believe is dead, or near death, for information identifying the individual as an organ donor or as an individual who made a refusal. If a donor document is located, the Medical Examiner shall be promptly notified (Minn. Stat. § 525A.12). 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. 327.1.3 DEATH NOTIFICATION When practicable, and 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. Golden Valley Police Department Policy Manual Death Investigation Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Death Investigation - 193 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. All efforts to locate and notify family members shall be recorded in appropriate reports and properly retained (Minn. Stat. § 390.25 Subd. 2 (b)). This department shall immediately notifyGolden Valley's Fire Chief (if that position exists) when a human death results from a fire, (Minn. Stat. § 299F.04 Subd. 5 (b)). 327.1.4 UNIDENTIFIED DEAD BODIES If the identity of a dead body cannot be established after the Medical Examiner arrives, the Medical Examiner case number for the deceased shall be documented in the report. 327.1.5 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 GVPD 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)). 327.1.6 DEATH INVESTIGATION REPORTING All incidents involving a death shall be documented. 327.1.7 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 Division 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 Patrol Sergeant or Investigation Unit supervisor, is unable to determine the manner of death, the investigation shall proceed as though it is a homicide. 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). 327.1.8 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. Golden Valley Police Department Policy Manual Death Investigation Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Death Investigation - 194 327.2 PURPOSE AND SCOPE 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. Policy 328 Golden Valley Police Department Policy Manual Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Identity Theft - 195 Identity Theft 328.1 PURPOSE AND SCOPE 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. 328.2 REPORTING (a)A report shall be taken any time a person living within the jurisdiction of the Golden Valley 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 Golden Valley 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. 328.3 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. 328.4 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 Staff 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. Policy 329 Golden Valley Police Department Policy Manual Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Citizens Arrest - 196 Citizens Arrest 329.1 PURPOSE AND SCOPE 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). 329.2 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). 329.3 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). 329.4 OFFICER RESPONSIBILITIES 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. Golden Valley Police Department Policy Manual Citizens Arrest Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Citizens Arrest - 197 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 in a related report. (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. 329.5 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 Private Person'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 Private Person'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. Policy 330 Golden Valley Police Department Policy Manual Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Limited English Proficiency Services - 198 Limited English Proficiency Services 330.1 PURPOSE AND SCOPE This policy provides guidance to members when communicating with individuals with limited English proficiency (LEP) (42 USC § 2000d). 330.1.1 DEFINITIONS Definitions related to this policy include: 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 Golden Valley 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). 330.2 POLICY It is the policy of the Golden Valley 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. Golden Valley Police Department Policy Manual Limited English Proficiency Services Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Limited English Proficiency Services - 199 330.3 LEP COORDINATOR The Chief of Police shall delegate certain responsibilities to an LEP Coordinator. The LEP Coordinator shall be appointed by, and directly responsible to, the Patrol Assistant Chief or the authorized designee. The responsibilities of the LEP Coordinator include, but are not limited to: (a)Coordinating and implementing all aspects of the Golden Valley Police Department’s LEP services to LEP individuals. (b)Developing procedures that will enable members to access LEP services, including telephonic interpreters, and ensuring the procedures are available to all members. (c)Ensuring that a list of all qualified bilingual members and authorized interpreters is maintained and available to each Shift Sergeant and Dispatch Supervisor. The list should include information regarding the following: 1.Languages spoken 2.Contact information 3.Availability (d)Ensuring signage stating that interpreters are available free of charge to LEP individuals is posted in appropriate areas and in the most commonly spoken languages. (e)Reviewing existing and newly developed documents to determine which are vital documents and should be translated, and into which languages the documents should be translated. (f)Annually assessing demographic data and other resources, including contracted language services utilization data and community-based organizations, to determine if there are additional documents or languages that are appropriate for translation. (g)Identifying standards and assessments to be used by the Department to qualify individuals as qualified bilingual members or authorized interpreters. (h)Periodically reviewing efforts of the Department in providing meaningful access to LEP individuals, and, as appropriate, developing reports, new procedures or recommending modifications to this policy. (i)Receiving and responding to complaints regarding department LEP services. (j)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. Golden Valley Police Department Policy Manual Limited English Proficiency Services Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Limited English Proficiency Services - 200 330.4 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. 330.5 TYPES OF LEP ASSISTANCE AVAILABLE Golden Valley Police Department members shall never refuse service to an LEP individual who is requesting assistance, nor shall 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. 330.6 WRITTEN FORMS AND GUIDELINES Vital documents or those that are frequently used should be translated into languages most likely to be encountered in Golden Valley. The LEP Coordinator will arrange to make these translated documents available to members and other appropriate individuals, as necessary. 330.7 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. Golden Valley Police Department Policy Manual Limited English Proficiency Services Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Limited English Proficiency Services - 201 330.8 QUALIFIED BILINGUAL MEMBERS 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. 330.9 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 established by the LEP Coordinator 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. 330.9.1 SOURCES OF AUTHORIZED INTERPRETERS The Department may contract with authorized interpreters who are available over the telephone. Members may use these services with the approval of a supervisor and in compliance with established procedures. Other sources may include: •Qualified bilingual members of this department or personnel from other City departments. Golden Valley Police Department Policy Manual Limited English Proficiency Services Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Limited English Proficiency Services - 202 •Individuals employed exclusively to perform interpretation services. •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. 330.9.2 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 shall not be relied upon except in exigent or very informal and non-confrontational situations. 330.10 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. 330.11 RECEIVING AND RESPONDING TO REQUESTS FOR ASSISTANCE The Golden Valley 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. Golden Valley Police Department Policy Manual Limited English Proficiency Services Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Limited English Proficiency Services - 203 330.12 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. Members and/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. 330.13 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 shall call 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. 330.14 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 Golden Valley Police Department Policy Manual Limited English Proficiency Services Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Limited English Proficiency Services - 204 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. 330.14.1 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 330.14.2 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 (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.” 330.15 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. Golden Valley Police Department Policy Manual Limited English Proficiency Services Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Limited English Proficiency Services - 205 330.16 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. 330.17 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. 330.18 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 Coordinator 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 Coordinator 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. 330.18.1 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. The Training Coordinator shall be responsible for coordinating the annual refresher training and will maintain a record of all training the interpreters have received. Policy 331 Golden Valley Police Department Policy Manual Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Communications with Persons with Disabilities - 206 Communications with Persons with Disabilities 331.1 PURPOSE AND SCOPE 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. 331.1.1 DEFINITIONS Definitions related to this policy include: 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. 331.2 POLICY It is the policy of the Golden Valley 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. 331.3 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 Patrol Assistant Chief or the authorized designee. The responsibilities of the ADA Coordinator shall include, but not be limited to: Golden Valley Police Department Policy Manual Communications with Persons with Disabilities Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Communications with Persons with Disabilities - 207 (a)Working with the City ADA coordinator regarding the Golden Valley 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 Shift Sergeant and Dispatch Supervisor. 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. 331.4 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). Golden Valley Police Department Policy Manual Communications with Persons with Disabilities Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Communications with Persons with Disabilities - 208 (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. 331.5 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 Golden Valley 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. 331.6 TYPES OF ASSISTANCE AVAILABLE Golden Valley 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. Golden Valley Police Department Policy Manual Communications with Persons with Disabilities Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Communications with Persons with Disabilities - 209 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. 331.7 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. 331.8 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 and/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). 331.9 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. Golden Valley Police Department Policy Manual Communications with Persons with Disabilities Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Communications with Persons with Disabilities - 210 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. 331.10 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. 331.11 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. 331.12 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. Golden Valley Police Department Policy Manual Communications with Persons with Disabilities Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Communications with Persons with Disabilities - 211 331.13 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/or 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. 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. 331.13.1 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. 331.14 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 Golden Valley Police Department Policy Manual Communications with Persons with Disabilities Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Communications with Persons with Disabilities - 212 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. 331.14.1 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 331.14.2 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.” 331.15 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 Golden Valley Police Department Policy Manual Communications with Persons with Disabilities Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Communications with Persons with Disabilities - 213 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. 331.16 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. 331.17 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 Coordinator 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 Coordinator 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. Policy 332 Golden Valley Police Department Policy Manual Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Pupil Arrest Reporting - 214 Pupil Arrest Reporting 332.1 PURPOSE AND SCOPE The purpose of this policy is to describe the procedures to follow when a pupil is arrested on school grounds and during school hours. 332.2 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 Staff 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 arresting officer shall complete the appropriate form and submit the form with the report to the Support Staff. The Support Staff 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). 332.2.1 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. 332.2.2 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. 332.2.3 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. Policy 333 Golden Valley Police Department Policy Manual Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Biological Samples - 215 Biological Samples 333.1 PURPOSE AND SCOPE 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. 333.2 POLICY The Golden Valley 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. 333.3 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). 333.4 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. 333.4.1 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. 333.5 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 Golden Valley Police Department Policy Manual Biological Samples Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Biological Samples - 216 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. 333.5.1 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. Policy 334 Golden Valley Police Department Policy Manual Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Chaplains - 217 Chaplains 334.1 PURPOSE AND SCOPE This policy establishes the guidelines for Golden Valley Police Department chaplains to provide counseling or emotional support to members of the Department, their families and members of the public. 334.2 POLICY The Golden Valley Police Department shall ensure that department chaplains are properly appointed, trained and supervised to carry out their responsibilities without financial compensation. 334.3 ELIGIBILITY Requirements for participation as a chaplain for the Department may include, but are not limited to: (a)Being above reproach, temperate, prudent, respectable, hospitable, able to teach, be free from addiction to alcohol or other drugs and excessive debt. (b)Managing their households, families and personal affairs well. (c)Having a good reputation in the community. (d)Successful completion of an appropriate-level background investigation. (e)A minimum of five years of successful counseling experience. (f)Possession of a valid driver's license. (g)Participate in the ride along program. (h)When available, attend a citizens academy. The Chief of Police may apply exceptions for eligibility based on organizational needs and the qualifications of the individual. 334.4 RECRUITMENT, SELECTION AND APPOINTMENT The Golden Valley Police Department shall endeavor to recruit and appoint only those applicants who meet the high ethical, moral and professional standards set forth by this department. All applicants shall be required to meet and pass the same pre-employment procedures as department personnel before appointment. 334.4.1 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. Golden Valley Police Department Policy Manual Chaplains Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Chaplains - 218 334.4.2 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 or designee 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. 334.5 IDENTIFICATION AND UNIFORMS As representatives of the Department, chaplains are responsible for presenting a professional image to the community. Chaplains shall dress appropriately for the conditions and performance of their duties. Uniforms and necessary safety equipment will be provided for each chaplain. Identification symbols worn by chaplains shall be different and distinct from those worn by officers through the inclusion of "Chaplain" on the uniform and not reflect any religious affiliation. Chaplains will be issued Golden Valley Police Department identification cards, which must be carried at all times while on-duty. The identification cards will be the standard Golden Valley Police Department identification cards, with the exception that “Chaplain” will be indicated on the cards. Chaplains shall be required to return any issued uniforms or department property at the termination of service. Chaplains shall conform to all uniform regulations and appearance standards of this department. 334.6 CHAPLAIN COORDINATOR The Chief of Police shall delegate certain responsibilities to a chaplain coordinator. The coordinator shall be appointed by and directly responsible to the Administrative Support or the authorized designee. The chaplain coordinator shall serve as the liaison between the chaplains and the Chief of Police. The function of the coordinator is to provide a central coordinating point for effective chaplain management within the Department, and to direct and assist efforts to jointly provide more productive chaplain services. Under the general direction of the Chief of Police or the authorized designee chaplains shall report to the chaplain coordinator and/or Shift Sergeant. The chaplain coordinator may appoint a senior chaplain or other designee to assist in the coordination of chaplains and their activities. Golden Valley Police Department Policy Manual Chaplains Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Chaplains - 219 The responsibilities of the coordinator or the authorized designee include, but are not limited to: (a)Recruiting, selecting and training qualified chaplains. (b)Conducting chaplain meetings. (c)Establishing and maintaining a chaplain callout roster. (d)Maintaining records for each chaplain. (e)Tracking and evaluating the contribution of chaplains. (f)Maintaining a record of chaplain schedules and work hours. (g)Completing and disseminating, as appropriate, all necessary paperwork and information. (h)Planning periodic recognition events. (i)Maintaining liaison with other agency chaplain coordinators. An evaluation of the overall use of chaplains will be conducted on an annual basis by the coordinator. 334.7 DUTIES AND RESPONSIBILITIES Chaplains assist the Department, its members and the community, as needed. Assignments of chaplains will usually be to augment the Patrol Division. Chaplains may be assigned to other areas within the Department as needed. Chaplains should be placed only in assignments or programs that are consistent with their knowledge, skills, abilities and the needs of the Department. All chaplains will be assigned to duties by the chaplain coordinator or the authorized designee. Chaplains may not proselytize or attempt to recruit members of the Department or the public into a religious affiliation while representing themselves as chaplains with this department. 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 or follow- up contacts that were provided while functioning as a chaplain for the Golden Valley Police Department. 334.7.1 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. 334.7.2 OPERATIONAL GUIDELINES (a)Chaplains will be scheduled to be on-call (b)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. Golden Valley Police Department Policy Manual Chaplains Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Chaplains - 220 (c)Chaplains shall be permitted to ride with officers during any shift and observe Golden Valley Police Department operations, provided the Shift Sergeant has been notified and has approved the activity. (d)Chaplains shall not be evaluators of members of the Department. (e)In responding to incidents a chaplain shall never function as an officer. (f)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. (g)Chaplains shall serve only within the jurisdiction of the Golden Valley Police Department unless otherwise authorized by the Chief of Police or the authorized designee. (h)Each chaplain may 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. 334.7.3 ASSISTING DEPARTMENT 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. (e)Providing counseling and support for members and their families. (f)Being alert to the needs of members and their families. 334.7.4 ASSISTING THE DEPARTMENT 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. Golden Valley Police Department Policy Manual Chaplains Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Chaplains - 221 (f)Participating in in-service training classes. (g)Willingness to train others to enhance the effectiveness of the Department. 334.7.5 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. (g)Assist with providing death or serious injury notifications. 334.7.6 CHAPLAIN MEETINGS All chaplains are required to attend scheduled meetings. Any absences must be satisfactorily explained to the chaplain coordinator. 334.8 PRIVILEGED COMMUNICATIONS No person who provides chaplain services to members of the Department may work or volunteer for the Golden Valley 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, psychotherapist-patient and other potentially applicable privileges and shall inform members when it appears reasonably likely that the member is discussing matters that are not subject to privileged communications. In such cases the chaplain should consider referring the member to a non-department counseling resource. No chaplain shall provide counsel to or receive confidential communications from any Golden Valley Police Department member concerning an incident personally witnessed by the chaplain or concerning an incident involving the chaplain. 334.9 TRAINING The Department will establish a minimum number of training hours and standards for department chaplains. The training as approved by the Training Coordinator may include: •Stress management •Death notifications •Symptoms of post-traumatic stress •Burnout for members of law enforcement and chaplains Golden Valley Police Department Policy Manual Chaplains Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Chaplains - 222 •Legal liability and confidentiality •Ethics •Responding to crisis situations •The law enforcement family •Substance abuse •Suicide •Officer injury or death •Sensitivity and diversity Policy 335 Golden Valley Police Department Policy Manual Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Public Safety Video Surveillance System - 223 Public Safety Video Surveillance System 335.1 PURPOSE AND SCOPE This policy provides guidance for the placement and monitoring of department public safety video surveillance, as well as the storage and release of the captured images. This policy only applies to overt, marked public safety video surveillance systems operated or accessed by the Department, whether mobile or stationary. It does not apply to mobile audio/ video systems, covert audio/video systems or any other image capturing devices used by the Department. 335.2 POLICY The Golden Valley Police Department operates a public safety video surveillance system to complement its crime prevention strategy, to effectively allocate and deploy personnel, and to enhance public safety and security in public areas. Cameras may be placed in strategic locations throughout the City to detect and deter crime, to help safeguard against potential threats to the public, to help manage emergency response situations during natural and man-made disasters and to assist City officials in providing services to the community. Video surveillance in public areas will be conducted in a legal and ethical manner while recognizing and protecting constitutional standards of privacy. 335.3 VIDEO SUPERVISION Supervisors should monitor video surveillance access and usage to ensure members are within department policy and applicable laws. Supervisors should ensure such use and access is appropriately documented. 335.3.1 VIDEO LOG A log should be maintained at all locations where video surveillance monitors are located. The log should be used to document all persons who have been given access to view or monitor images provided by the video surveillance cameras. The logs should, at a minimum, record the: (a)Date and time access was given. (b)Name and agency of the person being given access to the images. (c)Name of person authorizing access. (d)The rationale for providing access. (e)Identifiable portion of images viewed. 335.3.2 PROHIBITED ACTIVITY Public safety video surveillance systems will not intentionally be used to invade the privacy of individuals or observe areas where a reasonable expectation of privacy exists. Golden Valley Police Department Policy Manual Public Safety Video Surveillance System Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Public Safety Video Surveillance System - 224 Public safety video surveillance equipment shall not be used in an unequal or discriminatory manner and shall not target individuals or groups based solely on actual or perceived characteristics such as race, ethnicity, national origin, religion, sex, sexual orientation, gender identity or expression, economic status, age, cultural group, or disability. Video surveillance equipment shall not be used to harass, intimidate, or discriminate against any individual or group. 335.4 STORAGE AND RETENTION OF MEDIA All downloaded media shall be stored in a secure area with access restricted to authorized persons. A recording needed as evidence shall be copied to a suitable medium and booked into evidence in accordance with established evidence procedures. All actions taken with respect to retention of media shall be appropriately documented. The type of video surveillance technology employed and the manner in which recordings are used and stored will affect retention periods. The recordings should be stored and retained in accordance with the established records retention schedule. 335.4.1 EVIDENTIARY INTEGRITY All downloaded and retained media shall be treated in the same manner as other evidence. Media shall be accessed, maintained, stored and retrieved in a manner that ensures its integrity as evidence, including strict adherence to chain of custody requirements. Electronic trails, including encryption, digital masking of innocent or uninvolved individuals to preserve anonymity, authenticity certificates and date and time stamping shall be used as appropriate to preserve individual rights and to ensure the authenticity and maintenance of a secure evidentiary chain of custody. 335.5 VIDEO SURVEILLANCE AUDIT The Chief of Police or the authorized designee will conduct an annual review of the public safety video surveillance system. The review should include an analysis of the cost, benefit and effectiveness of the system, including any public safety issues that were effectively addressed or any significant prosecutions that resulted, complaints related to placement or misuse of the system, a timeline of changes and adjustments made to the system, integration with other technology consistent with section 337.7.3 of this policy. and any systemic operational or administrative issues that were identified systemic, gender, or racial bias (i.e. misidentification, unequal enforcement, etc., including those related to training, discipline or policy. The results of each review shall be appropriately documented and maintained by the Chief of Police or the authorized designee and filed by the City Council, and other applicable advisory bodies, e.g. PEACE Commission, and shall be posted on the City Website. Any recommendations for training or policy should be promptly addressed. Golden Valley Police Department Policy Manual Public Safety Video Surveillance System Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Public Safety Video Surveillance System - 225 335.6 RELEASE OF VIDEO IMAGES All recorded video images gathered by the public safety video surveillance equipment are for the official use of the Golden Valley Police Department and are classified as law enforcement data under Minn. Stat. § 13.82. Requests for recorded video images from the public or the media shall be processed in the same manner as requests for department public records under the Minnesota Government Data Practices Act. Except as required by a statute, court order or other lawful process consistent with the provisions of Minn. Stat. § 13.82, video images requested under the Minnesota Government Data Practices Act will generally not be disclosed to the public when such video images are evidence in an ongoing criminal investigation in which a disposition has not been reached. Requests for recorded images from other law enforcement agencies shall be referred to the Shift Sergeant for release in accordance with a specific and legitimate law enforcement purpose. Recorded video images that are the subject of a court order or subpoena shall be processed in accordance with the established department subpoena process. 335.7 OPERATIONAL GUIDELINES Only department-approved video surveillance equipment shall be utilized. Members authorized to monitor video surveillance equipment should only monitor public areas and public activities where no reasonable expectation of privacy exists. The Chief of Police or the authorized designee shall approve all proposed locations for the use of video surveillance technology and should consult with and be guided by legal counsel as necessary in making such determinations. 335.7.1 PLACEMENT AND MONITORING Prior to installing a Video Surveillance System, the Chief of Police, or their authorized designee, shall prepare a video surveillance plan (the "Video Surveillance Plan"). The Video Surveillance Plan shall include: (a)A map showing the placement of surveillance assets; (b)Justification of placement and purpose of surveillance assets, including any public safety issues expected to be addressed (c)A summary of changes made since the last update to the Video Surveillance Plan and justification for the changes, including any public safety issues expected to be addressed by the changes; (d)Whether signage will be present and the specific imagery of signage (e)A summary of proposed integration with other technology consistent with section 337.7.3 of this policy (f)The cost of implementing the plan, including but not limited to the cost of equipment, installation, maintenance, repair, replacement, and signage. The Video Surveillance Plan shall be received and filed by the City Council, and the PEACE Commission, and shall be posted on the City website and shall be updated annually. Golden Valley Police Department Policy Manual Public Safety Video Surveillance System Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Public Safety Video Surveillance System - 226 Camera placement shall be guided by the underlying purpose or strategy associated with the Video Surveillance Plan. The Chief of Police shall confer with other affected City departments and designated community groups when evaluating camera placement. Environmental factors, including lighting, location of buildings, presence of vegetation or other obstructions, should also be evaluated when determining placement. The department shall make good faith efforts to avoid bias-informed surveillance.This includes: 1.Following up on community-based complaints about bias based and/or intrusive/ cumbersome surveillance 2.Reporting ratio of crimes and surveillance assets per zone 3.Incorporating bias-informed surveillance in officer training Cameras shall only record video images and not sound. Recorded images may be used for a variety of purposes, including criminal investigations and monitoring of activity around high-value or high-threat areas. The public safety video surveillance system may be useful for the following purposes: (a)To prevent, deter and identify criminal activity. (b)To target identified areas of gang and narcotics complaints or activity. (c)To respond to critical incidents. (d)To assist in identifying, apprehending and prosecuting offenders. (e)To document officer and offender conduct during interactions to safeguard the rights of the public and officers. (f)To augment resources in a cost-effective manner. (g)To monitor pedestrian and vehicle traffic activity. Images from each camera should be recorded in a manner consistent with the underlying purpose of the particular camera. Images should be transmitted to monitors installed in the Shift Sergeant's office and Dispatch. When activity warranting further investigation is reported or detected at any camera location, the available information should be provided to responding officers in a timely manner. The Shift Sergeant or trained Dispatch personnel are authorized to adjust the cameras to more effectively view a particular area for any legitimate public safety purpose. Subject to the Minnesota Government Data Practices Act, the Chief of Police may authorize video feeds from the public safety video surveillance system to be forwarded to a specified location for monitoring by other than police personnel, such as allied government agencies, road or traffic crews, or fire or emergency operations personnel. Unauthorized recording, viewing, reproduction, dissemination or retention is prohibited. 335.7.2 CAMERA MARKINGS All public areas monitored by public safety surveillance equipment shall be marked in a conspicuous manner with appropriate signs to inform the public that the area is under police Golden Valley Police Department Policy Manual Public Safety Video Surveillance System Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Public Safety Video Surveillance System - 227 surveillance. Signs should be well lit, shall contain a symbol and image, and shell be placed appropriately and without obstruction to ensure visibility. 335.7.3 INTEGRATION WITH OTHER TECHNOLOGY The Department may elect to integrate its public safety video surveillance system with other technology to enhance available information. Systems such as gunshot detection, incident mapping, crime analysis, license plate recognition, facial recognition and other video-based analytical systems may be considered based upon availability and the nature of department strategy. The Department should evaluate the availability and propriety of networking or otherwise collaborating with appropriate private sector entities and should evaluate whether the use of certain camera systems, such as pan-tilt-zoom systems and video enhancement or other analytical technology, requires additional safeguards. 335.8 TRAINING All department members authorized to operate or access public video surveillance systems shall receive appropriate training. Training should include guidance on the use of cameras, interaction with dispatch and patrol operations and a review regarding relevant policies and procedures, including this policy. Training should also address state and federal law related to the use of video surveillance equipment and privacy. 335.9 SYSTEM MANAGEMENT The Information Technology (IT) department shall support the police department Video Surveillance system by providing technical oversight, including installation, maintenance, software updates, and budget administration. The Chief of Police or their designee retains ultimate authority over the system's operation and compliance. The IT department shall collaborate with the Police Department in the development of the Video Surveillance Plan and participate in annual system reviews to ensure technical functionality aligns with operational requirements. IT staff with access shall adhere to chain-of-custody requirements and complete training in data security and privacy standards to ensure compliance with applicable laws. Policy 336 Golden Valley Police Department Policy Manual Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Child and Dependent Adult Safety - 228 Child and Dependent Adult Safety 336.1 PURPOSE AND SCOPE 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. 336.2 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 Golden Valley 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, including call-out availability and follow-up responsibilities. 336.3 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. Golden Valley Police Department Policy Manual Child and Dependent Adult Safety Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Child and Dependent Adult Safety - 229 336.3.1 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. 336.3.2 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. Golden Valley Police Department Policy Manual Child and Dependent Adult Safety Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Child and Dependent Adult Safety - 230 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. 336.3.3 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.Special needs (e.g., medical, mental health) 5.How, where and with whom or which agency the child was placed 6.Identities and contact information for other potential caregivers 7.Notifications made to other adults (e.g., schools, relatives) (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 336.3.4 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. 336.4 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. Golden Valley Police Department Policy Manual Child and Dependent Adult Safety Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Child and Dependent Adult Safety - 231 Under no circumstances should a child or dependent adult be left unattended or without appropriate care. 336.5 TRAINING The Training Coordinator 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. Policy 337 Golden Valley Police Department Policy Manual Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Service Animals - 232 Service Animals 337.1 PURPOSE AND SCOPE Service animals play an important role in helping to overcome the limitations often faced by people with disabilities. The Golden Valley 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. 337.1.1 DEFINITIONS Definitions related to this policy include: 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)). 337.2 POLICY It is the policy of the Golden Valley 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. 337.3 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. •Providing physical support and assisting with stability and balance. Golden Valley Police Department Policy Manual Service Animals Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Service Animals - 233 •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. 337.3 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 Golden Valley Police Department affords to all members of the public (see generally Minn. Stat. § 256C.02; Minn. Stat. § 363A.19). 337.3.1 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. Members of this department are expected to provide all services as are reasonably available to an individual with the disability. 337.3.2 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. 337.3.3 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. Golden Valley Police Department Policy Manual Service Animals Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Service Animals - 234 337.3.4 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. Policy 338 Golden Valley Police Department Policy Manual Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Native American Graves Protection and Repatriation - 235 Native American Graves Protection and Repatriation 338.1 PURPOSE AND SCOPE This policy is intended to 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.). 338.1.1 DEFINITIONS Definitions related to this policy include (43 CFR 10.2): Funerary objects - Objects that, as part of the death rite or ceremony of a Native American culture, are reasonably believed to have been placed intentionally at the time of death or later with or near individual human remains. Funerary objects are either associated funerary objects or unassociated funerary objects. Associated funerary objects are any funerary objects related to removed human remains, where the location of the human remains is known. This includes objects that were made exclusively for burial purposes or to contain human remains, regardless of the physical location or existence of any related human remains. Unassociated funerary objects are any other funerary objects that are identified by a preponderance of the evidence such as: •Related to human remains but the remains were not removed, or the location of the remains is unknown. •Related to specific individuals or families. •Removed from specific burial sites with Native American cultural affiliation. •Removed from an area where such burial sites are known to have existed, but the site no longer exists. Native American human remains - Any physical part of the body of a Native American individual. 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. 338.2 POLICY It is the policy of the Golden Valley Police Department that the protection of Native American human remains, funerary objects, associated funerary objects, unassociated funerary Golden Valley Police Department Policy Manual Native American Graves Protection and Repatriation Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Native American Graves Protection and Repatriation - 236 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. 338.3 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, unassociated 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 10.5). No photography or video recording may be permitted by the media or any group or individual who may wish to exhibit the remains. Without delay, the appropriate agency or group shall be notified to respond and take control of the scene. These include the following (43 CFR 10.5): •Federal land - Appropriate agency at the U.S. Department of the Interior or U.S. Department of Agriculture •State land - State archaeologist (Minn. Stat. § 307.08, Subd. 7) •Tribal land - Responsible Indian tribal official 338.4 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 10.7). 338.5 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). Policy 339 Golden Valley Police Department Policy Manual Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Off-Duty Law Enforcement Actions - 237 Off-Duty Law Enforcement Actions 339.1 PURPOSE AND SCOPE 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 Golden Valley Police Department with respect taking law enforcement action while off-duty. 339.2 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 the member reasonably believes would justify the use of deadly force or result in significant property damage may take reasonable action to minimize or eliminate the threat. See the Use of Force Policy for additional guidance. 339.3 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. Department issued firearms shall not be carried by any officer who has consumed any amount of an alcoholic beverage or taken any controlled substances or drugs that would tend to adversely affect the 's senses or judgment. 339.4 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. Golden Valley Police Department Policy Manual Off-Duty Law Enforcement Actions Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Off-Duty Law Enforcement Actions - 238 (c)The lack of equipment, such as handcuffs, Oleoresin Capsicum (OC) spray or a baton. (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. 339.4.1 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 an Golden Valley Police Department officer until acknowledged. Official identification should also be displayed. 339.4.2 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. 339.4.3 NON-SWORN 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. 339.4.4 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. 339.5 REPORTING Any officer, prior to taking any off-duty law enforcement action, shall notify and receive approval of an Golden Valley Police Department supervisor (or other applicable enforcement authority if acting outside the jurisdiction of the Golden Valley Police Department). The Shift Sergeant shall determine whether a report should be filed by the employee. Officers should cooperate fully with the agency having jurisdiction in providing statements or reports as requested or as appropriate. Policy 340 Golden Valley Police Department Policy Manual Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Community Relations - 239 Community Relations 340.1 PURPOSE AND SCOPE The purpose of this policy is to provide guidelines for community relationship-building. Additional guidance on community relations and outreach is provided in other policies, including the: •Hate or Prejudice Crimes Policy. •Limited English Proficiency Services Policy. •Communications with Persons with Disabilities Policy. •Chaplains Policy. •Patrol Function Policy. •Suspicious Activity Reporting Policy. 340.2 POLICY It is the policy of the Golden Valley Police Department to promote positive relationships between department members and the community by actively engaging with all community members, especially those from historically marginalized groups and those groups most impacted by police activity, and ensuring all community voices are head in the development of public safety policies and strategies. It is the policy of the Golden Valley Police Department to treat community members with dignity and respect and engage them in public safety strategy development and relationship- building activities, and to make policy and operations information available to the community in a transparent manner. 340.3 MEMBER RESPONSIBILITIES Officers should, as time and circumstances reasonably permit: (a)Make casual and consensual contacts with community members to promote positive community relationships (see the Detentions and Photographing Detainees Policy). (b)Become reasonably familiar with the schools, businesses and community groups in their assigned jurisdictional areas. (c)Work with community members and the department community relations coordinator to identify issues and solve problems related to community relations and public safety. (d)Conduct periodic foot patrols of their assigned areas to facilitate interaction with community members. Officers carrying out foot patrols should notify an appropriate supervisor and Dispatch of their status (i.e., on foot patrol) and location before beginning and upon completion of the foot patrol. They should also periodically inform Dispatch of their location and status during the foot patrol. Golden Valley Police Department Policy Manual Community Relations Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Community Relations - 240 340.4 COMMUNITY RELATIONS COORDINATOR The Chief of Police or the authorized designee should designate a member of the Department to serve as the community relations coordinator. He/she should report directly to the Chief of Police or the authorized designee and is responsible for: (a)Obtaining department-approved training related to his/her responsibilities. (b)Responding to requests from department members and the community for assistance in identifying issues and solving problems related to community relations and public safety. (c)Organizing surveys to measure the condition of the department’s relationship with the community. (d)Working with community groups, department members and other community resources to: 1.Identify and solve public safety problems within the community. 2.Organize programs and activities that help build positive relationships between department members and the community and provide community members with an improved understanding of department operations. (e)Working with the Patrol Assistant Chief to develop patrol deployment plans that allow officers the time to participate in community engagement and problem-solving activities. (f)Recognizing department and community members for exceptional work or performance in community relations efforts. (g)Attending City council and other community meetings to obtain information on community relations needs. (h)Assisting with the department’s response to events that may affect community relations, such as an incident where the conduct of a department member is called into public question. (i)Informing the Chief of Police and others of developments and needs related to the furtherance of the department’s community relations goals, as appropriate. 340.5 COMMUNITY AND YOUTH ACTIVITIES AND PROGRAMS The community relations coordinator should organize or assist with programs and activities that create opportunities for department members and community members, especially youth, to interact in a positive setting. Examples of such programs and events include: (a)Department-sponsored athletic programs (e.g., baseball, basketball, soccer, bowling). (b)Police-community get-togethers (e.g., cookouts, meals, charity events). (c)Youth leadership and life skills mentoring. (d)School resource officer/Drug Abuse Resistance Education (D.A.R.E.®) programs. (e)Neighborhood Watch and crime prevention programs. Golden Valley Police Department Policy Manual Community Relations Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Community Relations - 241 (f)Civic engagement initiatives that educate youth on civil rights, the criminal justice system, and the role of law enforcement in society. The community relations coordinator should inform the staff liaison to the PEACE commission of all department events and seek out opportunities to collaborate with the PEACE Commission on community activities and programs. The community relations coordinator should regularly communicate with the staff liaison to the PEACE Commission and attend PEACE Commission meetings when possible. 340.6 INFORMATION SHARING The community relations coordinator should work with the Public Information Officer to develop methods and procedures for the convenient sharing of information (e.g., major incident notifications, significant changes in department operations, comments, feedback, positive events) between the Department and community members. Examples of information-sharing methods include: (a)Community meetings. (b)Social media (see the Department Use of Social Media Policy). (c)City website postings. (d)Informing the PEACE Commission and attending PEACE Commission meetings Information should be regularly refreshed, to inform and engage community members continuously. Information should be made accessible in multiple languages and formats to ensure understanding and engagement from all community members, including non-English speakers and those with disabilities. 340.7 LAW ENFORCEMENT OPERATIONS EDUCATION The community relations coordinator should develop methods to educate community members on general law enforcement operations so they may understand the work that officers do to keep the community safe. Examples of educational methods include: (a)Development and distribution of informational cards/flyers. (b)Department website postings. (c)Presentations to driver education classes. (d)Instruction in schools. (e)Department ride-alongs (see the Ride-Along Policy). (f)Scenario/Simulation exercises with community member participation. (g)Youth internships at the Department. (h)Citizen academies. Instructional information should include direction on how community members should interact with the police during enforcement or investigative contacts and how community members can make Golden Valley Police Department Policy Manual Community Relations Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Community Relations - 242 a complaint to the Department regarding alleged misconduct or inappropriate job performance by department members. 340.8 SAFETY AND OTHER CONSIDERATIONS Department members responsible for community relations activities should consider the safety of the community participants and, as much as reasonably practicable, not allow them to be present in any location or situation that would jeopardize their safety. Department members in charge of community relations events should ensure that participating community members have completed waiver forms before participation, if appropriate. A parent or guardian must complete the waiver form if the participating community member has not reached 18 years of age. Community members are subject to a criminal history check before approval for participation in certain activities, such as citizen academies. 340.9 COMMUNITY ADVISORY COMMITTEE The City established the Police, Employment, Accountability & Community Engagement (PEACE) Commission to help the Police Department innovate and transform its provision of public safety services based on community input and needs, and to assure that the department provides inclusive, community-centered services. The commission carries out these duties by: 1.Establishing transparency and accountability to the public; 2.Enhancing communication and understanding between the Police Department and the people is serves through community dialogue and engagement; and 3.Ensuring the Police Department applies practices that promote equity and inclusion and prioritize hiring and retaining officers with diverse backgrounds. The make up and duties of the commission are enumerated in the commission's Bylaws and City Ordinance. Golden Valley City Code, section 2-130. Members of the department are encouraged to join the PEACE Commission and should contact the City Manager's Office for application instructions. At least one member of the command staff shall attend each PEACE Commission meeting. All attendance at PEACE Commission meetings and events is considered paid time. Members may be eligible for additional incentive pay under their collective bargaining agreement for joining the commission. 340.9.1 LEGAL CONSIDERATIONS The Chief of Police and the community relations coordinator should work with the City Attorney as appropriate to ensure the committee complies with any legal requirements such as public notices, records maintenance and any other associated obligations or procedures. 340.10 TRANSPARENCY The Department should periodically publish statistical data and analysis regarding the department’s operations. The reports should not contain the names of officers, suspects Golden Valley Police Department Policy Manual Community Relations Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Community Relations - 243 or case numbers. The community relations coordinator should work with the community advisory committee to identify information that may increase transparency regarding department operations. 340.11 TRAINING Subject to available resources, members should receive training related to this policy, including training on topics such as: (a)Effective social interaction and communication skills. (b)Diversity, Equity and Inclusion, including but not limited to cultural, racial and ethnic diversity and relations and ongoing cultural competency training that includes anti- bias education and historical context regarding policing in diverse communities, with input and perspective from community partners. (c)Building community partnerships. (d)Community policing and problem-solving principles. (e)Enforcement actions and their effects on community relations. Where practicable and appropriate, community members, especially those with relevant expertise, should be involved in the training to provide input from a community perspective. 340.11.1 STATE-MANDATED TRAINING The Training Coordinator is responsible for ensuring that members receive community policing as required by Minn. Stat. § 626.8455. Policy 341 Golden Valley Police Department Policy Manual Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Extreme Risk Protection Orders - 244 Extreme Risk Protection Orders 341.1 PURPOSE AND SCOPE The purpose of this policy is to provide guidelines for petitioning for and serving extreme risk protection orders and accounting for firearms obtained pursuant to those orders. 341.1.1 DEFINITIONS Definitions related to this policy include (Minn. Stat. § 624.7171): Extreme risk protection order (ERPO) - An order prohibiting a named person from possessing or purchasing prohibited items. Prohibited items - Firearms that are prohibited by an ERPO. 341.2 POLICY It is the policy of the Golden Valley Police Department to petition for and serve ERPOs in compliance with state law, and to properly account for prohibited items obtained by the Department pursuant to such orders. 341.3 EXTREME RISK PROTECTION ORDER COORDINATOR The Chief of Police should designate an ERPO coordinator. The responsibilities of the coordinator include: (a)Developing and maintaining procedures for the filing of a petition for an ERPO or a renewal of an ERPO by department members. (b)Identifying factors to consider when assessing whether to seek an ERPO, including: 1.Whether threats have been made, and if so, whether the threats are credible and specific. 2.Whether the potential victim is within close proximity. 3.Whether the person has expressed suicidal tendencies. 4.Whether the person has access to firearms. 5.Whether the person has committed an act of violence toward themselves or another person. 6.The criminal history of the person, in particular any history of criminal violence, including whether the person is currently on parole, probation, or monitored release. 7.The mental health history of the person, in particular whether the person has any history of mental illness or has ever been detained for being a danger to themselves or others. 8.Any known upcoming holidays, anniversaries, or other dates of significance that may serve as a trigger for the person, such as the death of a family member. 9.Whether the person has any history of drug or alcohol abuse. Golden Valley Police Department Policy Manual Extreme Risk Protection Orders Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Extreme Risk Protection Orders - 245 (c)Developing and maintaining procedures for the receipt and service of ERPOs consistent with the requirements of Minn. Stat. § 624.7172; Minn. Stat. § 624.7175; and the Warrant Service and Operations Planning and Deconfliction policies. Procedures should include: 1.Evaluation of an order to determine appropriate service and necessary precautions. 2.Forwarding ERPOs to the Operations Director or the authorized designee. 3.Forwarding ERPOs to the Police Front Office Supervisor for recording in appropriate databases and required notice to the court, as applicable. 4.Preparing or obtaining a search warrant prior to attempting service of an ERPO, when appropriate (Minn. Stat. § 624.7175). (d)Coordinating with the Training Coordinator to provide officers who may be involved in petitioning for or serving ERPOs with training on such orders. Training should include determining when a petition is appropriate, the process for seeking ERPOs, and the service of such orders. (e)Reviewing each petition and any associated court documents for an ERPO prepared by members, for compliance with this policy, department procedures, and state law. (f)Developing and maintaining procedures for members to accept voluntarily surrendered prohibited items at times other than when an ERPO is being served by the Department (Minn. Stat. § 624.7175). Procedures should include: 1.Preparing and providing a receipt identifying all prohibited items to the person surrendering the items. 2.Proper handling and processing of surrendered items. 341.4 EXTREME RISK PROTECTION ORDERS An officer who reasonably believes that an ERPO is appropriate should obtain approval from an appropriate supervisor and the extreme risk protection order coordinator or the authorized designee prior to seeking an order. 341.4.1 STANDARDS Extreme risk protection orders may be appropriate if a person poses a significant danger of bodily harm to other persons or is at significant risk of suicide by possessing a firearm (Minn. Stat. § 624.7171, Subd. 4). If a person poses a significant danger of bodily harm to other persons or is at significant risk of suicide by possessing a firearm, and presents an immediate and present danger of either bodily harm to others or of taking their life, an ERPO may be appropriate (Minn. Stat. § 624.7174). 341.4.2 REQUIREMENTS OF PETITION An application for an ERPO should be prepared, filed, and served consistent with state law and the procedures developed by the extreme risk protection order coordinator (Minn. Stat. § 624.7171). Golden Valley Police Department Policy Manual Extreme Risk Protection Orders Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Extreme Risk Protection Orders - 246 341.5 SERVICE OF ORDERS Officers should serve a copy of an ERPO, along with any accompanying notice of hearing and petition, affidavit, as applicable, on the person named in the order as soon as reasonably practicable (Minn. Stat. § 624.7172). Service of ERPOs should take precedence over the service of other orders, except for orders of a similar emergency nature. 341.5.1 SAFETY CONSIDERATIONS Upon receipt of an ERPO, the Operations Director or the authorized designee should evaluate the circumstances of the order and consider what precautions are appropriate for service of the protection order. When appropriate based on the circumstances and department procedures, service of an order should be executed pursuant to the Operations Planning and Deconfliction Policy. At least two officers should be present when an ERPO is being served. 341.5.2 SURRENDER OF PROHIBITED ITEMS Officers serving an ERPO should request that the named person immediately surrender all prohibited items as required by the order and take custody of any items surrendered pursuant to the order (Minn. Stat. § 624.7172; Minn. Stat. § 624.7175). The officer serving the ERPO should prepare a receipt identifying all surrendered items and a copy of the receipt should be given to the person. The officers should ensure the original receipt is included in the original case report and forwarded to the Police Front Office Supervisor as soon as practicable. All items collected should be handled and booked in accordance with the Property and Evidence Room Policy. 341.5.3 SEARCH WARRANTS Officers should consider whether a search warrant may be reasonably necessary prior to attempting service of an ERPO. Officers should also consider whether to seek a search warrant if the named person refuses to surrender any prohibited items or if an officer serving an ERPO reasonably believes there are prohibited items within the persons custody, control, or possession that have not been surrendered. 341.6 RELEASE OF PROHIBITED ITEMS Any person requesting the release of any prohibited items in department custody pursuant to an ERPO should be referred to the Property and Evidence Room. Golden Valley Police Department Policy Manual Extreme Risk Protection Orders Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Extreme Risk Protection Orders - 247 341.7 EXTENSION OF EXTREME RISK PROTECTION ORDER The Investigation Unit supervisor is responsible for the review of any ERPO obtained by the Department to determine if renewal or extension of the order should be requested within the time prescribed by law (Minn. Stat. § 624.7172; Minn. Stat. § 624.7173). Golden Valley Police Department Policy Manual Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Patrol Operations - 248 Chapter 4 - Patrol Operations Policy 400 Golden Valley Police Department Policy Manual Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Patrol Function - 249 Patrol Function 400.1 PURPOSE AND SCOPE 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 Golden Valley, 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, seven 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 sharing of information between the Patrol and other division within the Department and other City departments, as well as other government agencies. (h)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. (i)Traffic direction and control. 400.1.2 TERRORISM It is the goal of the Golden Valley 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 or Field Interview (FI). The supervisor should ensure that all terrorism-related reports and FIs are forwarded to the Investigation Unit Supervisor in a timely fashion. Golden Valley Police Department Policy Manual Patrol Function Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Patrol Function - 250 400.2 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 Golden Valley 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 Staff staff for distribution to all divisions within the Department through daily and special bulletins. 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 bureau for retention or follow-up investigation. 400.2.3 PATROL BRIEFINGS Patrol supervisors, investigative sergeants and special unit sergeants 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. 400.2.4 INFORMATION CLIPBOARDS Several information clipboards will be maintained in the briefing room and will be available for review by officers from all divisions within the Department. These will include, but not be limited to, the patrol check clipboard, the wanted persons clipboard and the written directive clipboard. 400.2.5 BULLETIN BOARDS A bulletin board will be kept in the briefing room and the Investigation Unit for display of suspect information, investigative reports and photographs. New Special Orders will be made available for patrol supervisors and will be discussed at briefings and shift meetings. A copy of the Special Order will be placed on the briefing room clipboard. 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. Golden Valley Police Department Policy Manual Patrol Function Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Patrol Function - 251 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. Policy 401 Golden Valley Police Department Policy Manual Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Anti-Racial and Bias-Based Policing - 252 Anti-Racial and Bias-Based Policing 401.1 PURPOSE AND SCOPE This policy provides guidance to department members that affirms the Golden Valley Police Department 's commitment to policing that is equitable. 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 Definitions related to this policy include: Bias-based policing or improper profiling - An inappropriate reliance on actual or perceived characteristics such as race, ethnicity, national origin (including limited English proficiency), 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 explicit and implicit biases (i.e., conscious and unconscious beliefs or attitudes towards certain groups). Racial profiling - means any action initiated by law enforcement that relies upon the race, ethnicity, or national origin of an individual rather than: 1.the behavior of that individual; or 2.information that leads law enforcement to a particular individual who has been identified as being engaged in or having been engaged in criminal activity. 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.). Racial and ethnic stereotypes - Cognitive shortcuts informed by a system of beliefs about typical characteristics of members of a given ethnic group, their status, societal and cultural norms. Coded Messaging –(Dog Whistle) - a shorthand, coded, or subtle way of communicating stereotypes (e.g. racial, ethnic, gender, etc.) with harmful effects. 401.2 POLICY The Golden Valley 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). Golden Valley Police Department Policy Manual Anti-Racial and Bias-Based Policing Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Anti-Racial and Bias-Based Policing - 253 401.3 RACIAL PROFILING AND BIAS-BASED POLICING PROHIBITED Bias-based policing and racial profiling are strictly prohibited. Officers are prohibited from using race or racial or ethnic stereotypes as the determining factor to inform with whom to interact or how the interaction is carried out. 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. 401.4 MEMBER RESPONSIBILITIES Every member of this department shall perform their duties in a fair and objective manner and is responsible for promptly reporting any suspected or known instances of racial and bias-based policing to a supervisor. Members should, when reasonable to do so, intervene to prevent any biased-based actions by another member. Members shall refrain from using Coded Messaging (Dog Whistles) while on duty. 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, Field Interview (FI) card), 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). Golden Valley Police Department Policy Manual Anti-Racial and Bias-Based Policing Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Anti-Racial and Bias-Based Policing - 254 401.5 SUPERVISOR RESPONSIBILITIES Supervisors shall 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 shall discuss any issues with the involved officer and their supervisor in a timely manner. 1.Supervisors should document these discussions in the prescribed manner. (b)Supervisors shall periodically review Mobile Audio Video (MAV) recordings, body- worn camera (BWC) media, 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. (a)Supervisors shall document these periodic reviews. (b)Recordings or data that capture a potential instance of bias-based policing should be appropriately retained for administrative investigation purposes. (c)Supervisors shall initiate investigations of any actual or alleged violations of this policy. (d)Supervisors shall 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 Assistant Chief shall review the efforts of the Department to provide fair and objective policing and submit an annual report, including public concerns and complaints, to the Chief of Police. The annual report shall contain only aggregate data and shall not contain any identifying information about any specific complaint, citizen,officers, or employee. The Chief of Police shall review the report to identify any changes in training or operations that should be made to improve service. Supervisors shall review the annual report and discuss the results with those they are assigned to supervise. 401.7 TRAINING Training on fair and objective policing and review of this policy shall be conducted annually and include: (a)Explicit and implicit biases. (b)Avoiding improper profiling. 401.7.1 ADDITIONAL TRAINING REQUIREMENTS The Training Coordinator should ensure that Board of Peace Officer Standards and Training (POST) approved in-service training is provided to officers on recognizing and valuing community diversity and cultural differences, including implicit bias, as required by Minn. Stat. § 626.8469, Subd. 1. Golden Valley Police Department Policy Manual Anti-Racial and Bias-Based Policing Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Anti-Racial and Bias-Based Policing - 255 The Chief of Police and supervisors should receive and review training materials prepared by POST on how to detect and respond to racial profiling (Minn. Stat. § 626.8471, Subd. 7). Policy 402 Golden Valley Police Department Policy Manual Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Roll Call Training - 256 Roll Call Training 402.1 PURPOSE AND SCOPE 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 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 Special Orders or changes in Special Orders. (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 Coordinator for inclusion in training records as appropriate. Policy 403 Golden Valley Police Department Policy Manual Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Crime and Disaster Scene Integrity - 257 Crime and Disaster Scene Integrity 403.1 PURPOSE AND SCOPE The purpose of this policy is to provide guidance in handling a major crime or disaster. 403.2 POLICY It is the policy of the Golden Valley Police Department to secure crime or disaster scenes so that evidence is preserved, and to identify and mitigate the dangers associated with a major crime or disaster scene for the safety of the community and those required to enter or work near the scene. 403.3 SCENE RESPONSIBILITY The first officer at the scene of a crime or major incident is generally responsible for the immediate safety of the public and preservation of the scene. Officers shall also consider officer safety and the safety of those persons entering or exiting the area, including those rendering medical aid to any injured parties. Once an officer has assumed or been assigned to maintain the integrity and security of the crime or disaster scene, the officer shall maintain the crime or disaster scene until he/she is properly relieved by a supervisor or other designated person. 403.4 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)Broadcast emergency information, including requests for additional assistance and resources. (b)Provide for the general safety of those within the immediate area by mitigating, reducing or eliminating threats or dangers. (c)Locate or identify suspects and determine whether dangerous suspects are still within the area. (d)Provide first aid to injured parties if it can be done safely. (e)Evacuate the location safely as required or appropriate. (f)Secure the inner perimeter. (g)Protect items of apparent evidentiary value. (h)Secure an outer perimeter. (i)Identify potential witnesses. (j)Start a chronological log noting critical times and personnel allowed access. (k)Create a crime scene entrance/exit log (l)For disasters, alert the City's Emergency Management Director (the Fire Chief) Golden Valley Police Department Policy Manual Crime and Disaster Scene Integrity Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Crime and Disaster Scene Integrity - 258 403.5 SEARCHES Once officers are satisfied that no additional suspects are present and/or there are no injured persons to be treated, exigent circumstances will likely no longer exist. Officers should thereafter secure the scene and conduct no further search until additional or alternate authority for the search is obtained, such as consent or a search warrant. 403.5.1 CONSENT When possible, officers should seek consent to search from authorized individuals. However, in the case of serious crimes or major investigations, it may be prudent to also obtain a search warrant. Consent as an additional authorization may be sought, even in cases where a search warrant has been granted. Consideration of SIA and inventory search. 403.6 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(c)). Policy 404 Golden Valley Police Department Policy Manual Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Special Weapons and Tactics - 259 Special Weapons and Tactics 404.1 PURPOSE AND SCOPE The Special Weapons and Tactics (SWAT) 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 Special Weapons and Tactics are divided into Administrative and Operational Policy and Procedures. 404.1.2 SWAT TEAM DEFINED GVPD PARTNERS WITH HCSO 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 justify 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. 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. Golden Valley Police Department Policy Manual Special Weapons and Tactics Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Special Weapons and Tactics - 260 404.3 POLICY It is the policy of this department to maintain a SWAT team and to provide the equipment, person-power 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 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. 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 SWAT members and will outline tactical and officer safety Golden Valley Police Department Policy Manual Special Weapons and Tactics Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Special Weapons and Tactics - 261 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, 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. Golden Valley Police Department Policy Manual Special Weapons and Tactics Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Special Weapons and Tactics - 262 (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/SWAT 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 every 24 months. 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. 404.4.4 SWAT ONGOING TRAINING Training shall be coordinated by the SWAT commander. The SWAT 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)Each SWAT member shall perform a physical fitness test twice each year. A minimum qualifying score must be attained by each team member. (b)Any SWAT team member failing to attain the minimum physical fitness qualification score will be notified of the requirement to retest. Within 30 days of the previous Golden Valley Police Department Policy Manual Special Weapons and Tactics Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Special Weapons and Tactics - 263 physical fitness test date, the member required to qualify shall report to a team supervisor and complete the entire physical fitness test. Failure to qualify after a second attempt may result in dismissal from the team. (c)Those members who are on vacation, ill or are on limited duty status with a medical provider's note of approval on the test date shall be responsible for reporting to a team supervisor and taking the test within 30 days of their return to regular duty. Any member who fails to arrange for and perform the physical fitness test within the 30- day period, shall be considered as having failed to attain a qualifying score for that test period. (d)Quarterly 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 Training Sergeant approved by the SWAT 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. (e)Quarterly 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 Training Sergeant approved by the SWAT 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 Unit. 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. Golden Valley Police Department Policy Manual Special Weapons and Tactics Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Special Weapons and Tactics - 264 404.5.2 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 SWAT shall appoint a SWAT Supervisor to perform an operational readiness inspection of all unit equipment at least quarterly. The results of the inspection will be forwarded to the SWAT 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 SPECIAL WEAPONS AND TACTICS The commander of the SWAT 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 Patrol Assistant Chief, the Special Weapons and Tactics shall be managed by a lieutenant. 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 SWAT Commander. The following represent the supervisor responsibilities for the Special Weapons and Tactics. (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 SWAT 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 SWAT 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. Golden Valley Police Department Policy Manual Special Weapons and Tactics Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Special Weapons and Tactics - 265 404.7.1 SELECTION OF PERSONNEL Interested licensed personnel, who are off probation, shall submit a request to their appropriate Assistant Chief. A copy will be forwarded to the Chief of their designeeSWAT Commander and the Crisis Negotiation Team supervisor. Qualified applicants will then be invited to an oral interview. The oral board will consist of the SWAT Commander, the Crisis Negotiation Team supervisor and a third person to be selected by the two. 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. The oral board shall submit a list of successful applicants to staff for final selection. 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 quarter 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. 404.8.1 SELECTION OF PERSONNEL Interested licensed personnel who are off probation shall submit a request to their appropriate Assistant Chief, a copy of which will be forwarded to the SWAT Commander and other SWAT Golden Valley Police Department Policy Manual Special Weapons and Tactics Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Special Weapons and Tactics - 266 supervisors. Those qualifying applicants will then be invited to participate in the testing process. The order of the tests will be given at the discretion of the SWAT Commander. The testing process will consist of an oral board, physical agility test, and a SWAT basic handgun and team evaluation. (a)Oral board: The oral board will consist of personnel selected by the SWAT Commander. Applicants will be evaluated by the following criteria: 1.Recognized competence and ability as evidenced by performance. 2.Demonstrated good judgment and understanding of the critical role of a SWAT member. 3.Special skills, training or appropriate education as it pertains to this assignment. 4.Commitment to the unit, realizing that the additional assignment may necessitate unusual working hours, conditions and training obligations. (b)Physical agility: The physical agility test is designed to determine the physical capabilities of the applicant as it relates to performance of SWAT-related duties. The test and scoring procedure will be established by the SWAT Commander. A minimum qualifying score shall be attained by the applicant to be considered for the position. (c)SWAT basic handgun: Candidates will be invited to shoot the SWAT Basic Drill for the handgun. A minimum qualifying score of 400 out of a possible score of 500 must be attained to qualify. (d)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. (e)A list of successful applicants shall be submitted to staff by the SWAT 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 SWAT 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 SPECIAL WEAPONS AND TACTICS The following procedures serve as guidelines for the operational deployment of the Special Weapons and Tactics. 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 SWAT Commander. Golden Valley Police Department Policy Manual Special Weapons and Tactics Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Special Weapons and Tactics - 267 404.9.1 ON-SCENE DETERMINATION The supervisor in charge at the scene of a particular event will assess whether the Special Weapons and Tactics should respond. Upon final determination by the Shift Sergeant, he/she will notify the SWAT Commander. 404.9.2 APPROPRIATE SITUATIONS FOR USE OF SPECIAL WEAPONS AND TACTICS The following are examples of incidents that may result in the activation of the Special Weapons and Tactics: (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 SWAT 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 Golden Valley Police Department Special Weapons and Tactics in response to requests by other agencies must be authorized by a Assistant Chief. 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 Golden Valley Police Department SWAT team shall operate under the policies, procedures and command of the Golden Valley Police Department when working in a multi-agency situation. 404.9.5 MOBILIZATION OF SPECIAL WEAPONS AND TACTICS The on-scene supervisor shall make a request to the Shift Sergeant for the Special Weapons and Tactics to respond. The Shift Sergeant shall then notify the SWAT Commander. If unavailable, a team supervisor shall be notified. A current mobilization list shall be maintained in the Shift Sergeant's office by the SWAT Commander. The Shift Sergeant will then notify the Patrol Assistant Chief as soon as practicable. The Shift Sergeant should advise the SWAT Commander with as much of the following information as is available at the time: (a)The number of suspects, known weapons and resources. Golden Valley Police Department Policy Manual Special Weapons and Tactics Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Special Weapons and Tactics - 268 (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. (h)Any other important facts critical to the immediate situation, and whether the suspect has refused an order to surrender. The SWAT Commander or supervisor shall then call selected officers to respond. 404.9.6 FIELD UNIT RESPONSIBILITIES While waiting for the Special Weapons and Tactics, 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 SWAT has arrived, all negotiations should generally be halted to allow the negotiators and SWAT time to set up. (f)Be prepared to brief the SWAT Commander on the situation. (g)Plan for and stage anticipated resources. 404.9.7 ON-SCENE COMMAND RESPONSIBILITIES Upon arrival of the Special Weapons and Tactics, the Incident Commander shall brief the SWAT Commander and team supervisors. Upon review, it will be the Incident Commander's decision, with input from the SWAT Commander, whether to deploy the Special Weapons and Tactics. Once the Incident Commander authorizes deployment, the SWAT 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 Special Weapons and Tactics. The Incident Commander and the SWAT Commander or designee shall maintain communications at all times. Golden Valley Police Department Policy Manual Special Weapons and Tactics Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Special Weapons and Tactics - 269 404.9.8 COMMUNICATION WITH SPECIAL WEAPONS AND TACTICS PERSONNEL All of those persons who are non-Special Weapons and Tactics 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 SWAT personnel directly. All non-emergency communications shall be channeled through the Crisis Negotiation Team sergeant or designee. Policy 405 Golden Valley Police Department Policy Manual Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Ride-Along Policy - 270 Ride-Along Policy 405.1 PURPOSE AND SCOPE The Ride-Along Program provides an opportunity for persons to experience law enforcement activities first hand. This policy provides the requirements, approval process and hours of operation for the Ride-Along Program. 405.1.1 ELIGIBILITY The Golden Valley Police Department Ride-Along Program is offered to community members. 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. •Prior criminal history. •Pending criminal action. •Pending lawsuit against the Department. •Denial by any supervisor. 405.2 PROCEDURE TO REQUEST A RIDE-ALONG Ride-along requests will be scheduled by the Shift Sergeant Patrol Sergeant. The participant will complete and sign a ride-along waiver form. Information requested will include a valid identification card, address and telephone number. The Patrol Sergeant will schedule a date, based on availability,. If approved, a copy of the ride- along waiver form will be forwarded to the AC of Patrol If the ride-along is denied after the request has been made, a representative of the Department will contact the applicant and advise them of the denial. 405.2.1 PROGRAM REQUIREMENTS Once approved, civilian ride-alongs will be allowed to ride no more than once every six months. An exception would apply to the following: cadets, Explorers,, chaplains, Reserves, applicants, members of the PEACE Commission, and all others with approval of a Sergeant or above. An effort will be made to ensure that no more than one citizen will participate in a ride-along during any given time period.No more than one ride-along will be allowed in the officer's vehicle at a given time. Ride-along requirements for police cadets are covered in Policy Manual § 1048, "Police Cadet Program." Golden Valley Police Department Policy Manual Ride-Along Policy Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Ride-Along Policy - 271 405.2.2 SUITABLE ATTIRE Any person approved to ride-along is required to wear closed toes shoes and non restrictive attire. 405.2.3 PEACE OFFICER RIDE-ALONGS Off-duty sworn officers shall be subject to all ride along requirements.Off-duty sworn officers shall not be considered on-duty and shall not represent themselves as a peace officer or participate in any law enforcement activity during an off-duty ride-along except as emergency circumstances may require. 405.2.4 RIDE-ALONG CRIMINAL HISTORY CHECK All ride-along applicants are subject to a criminal history check. The criminal history check shall 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 Golden Valley Police Department). 405.3 OFFICER’S RESPONSIBILITIES The officer shall advise the dispatcher that a ride-along is present in the vehicle before going into service. 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 feasible, let the participant out of the vehicle in a well-lighted place of safety to avoid dangerous conditions. The dispatcher will be advised of the situation and as soon as practicable have another police unit respond to pick up the participant at that location. 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. The Patrol Sergeant 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 Sergeant 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 the participant that: (a)The ride-along will follow the directions of the officer. (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 the station if the ride-along interferes with the performance of the officer's duties. Golden Valley Police Department Policy Manual Ride-Along Policy Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Ride-Along Policy - 272 (d)The officer may terminate the ride-along and return the observer to r 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, suspect, 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. Policy 406 Golden Valley Police Department Policy Manual Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Hazardous Material Response - 273 Hazardous Material Response 406.1 PURPOSE AND SCOPE 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, 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 they are 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. (b)Notify the 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)Responders should remain uphill and upwind of the hazard until a zone of entry and a decontamination area are established. Golden Valley Police Department Policy Manual Hazardous Material Response Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Hazardous Material Response - 274 406.3 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 report of injury that shall be forwarded via chain of command to their Assistant Chief. 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 of injury. 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. 406.3.1 SUPERVISOR RESPONSIBILITIES When a supervisor has been informed that an employee has been exposed to a hazardous material, they 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 fire department. Policy 407 Golden Valley Police Department Policy Manual Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Hostage and Barricade Incidents - 275 Hostage and Barricade Incidents 407.1 PURPOSE AND SCOPE 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 Definitions related to this policy include: 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 Golden Valley 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. Officers on scene shall call out an, department-authorized negotiator. 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. 407.4 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 Golden Valley Police Department Policy Manual Hostage and Barricade Incidents Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Hostage and Barricade Incidents - 276 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, drones). (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)Notify the appropriate persons within and outside the Department, such as command officers and the Public Information Officer. (j)If necessary and available, establish a tactical or exclusive radio frequency for the incident. (k)Establish a command post. Golden Valley Police Department Policy Manual Hostage and Barricade Incidents Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Hostage and Barricade Incidents - 277 407.4.2 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. •If necessary and available, establish a tactical or exclusive radio frequency for the incident. Golden Valley Police Department Policy Manual Hostage and Barricade Incidents Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Hostage and Barricade Incidents - 278 407.5 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 SWAT response if appropriate and apprising the SWAT 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 Incident Commander 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 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 SWAT Commander, whether to deploy the SWAT during a hostage or barricade situation. Once the Incident Commander authorizes deployment, the SWAT 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 SWAT. The Incident Commander and the SWAT Commander or the authorized designee shall maintain communications at all times. 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. Policy 408 Golden Valley Police Department Policy Manual Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Response to Bomb Calls - 279 Response to Bomb Calls 408.1 PURPOSE AND SCOPE The purpose of this policy is to provide guidelines to assist members of the Golden Valley 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 POLICY It is the policy of the Golden Valley Police Department to place a higher priority on the safety of persons and the public over damage or destruction to public or private property. 408.3 RECEIPT OF BOMB THREAT Department members receiving a bomb threat should obtain as much information from the individual as reasonably possible, including the type, placement and alleged detonation time of the device. If the bomb threat is received on a recorded line, reasonable steps should be taken to ensure that the recording is preserved in accordance with established department evidence procedures. The member receiving the bomb threat should ensure that the Shift Sergeant is immediately advised and informed of the details. This will enable the Shift Sergeant to ensure that the appropriate personnel are dispatched and, as appropriate, the threatened location is given an advance warning. 408.4 GOVERNMENT FACILITY OR PROPERTY A bomb threat targeting a government facility may require a different response depending on the government agency affected. 408.4.1 GOLDEN VALLEY POLICE DEPARTMENT FACILITY If the bomb threat is against the Golden Valley Police Department facility, the Shift Sergeant will direct and assign officers as required for coordinating a general building search or evacuation of the police department, as he/she deems appropriate. 408.4.2 OTHER COUNTY OR MUNICIPAL FACILITY OR PROPERTY If the bomb threat is against a county or municipal facility within the jurisdiction of the Golden Valley Police Department that is not the property of the City of Golden Valley, the appropriate agency will be promptly informed of the threat. Assistance to the other entity may be provided as the Shift Sergeant deems appropriate. Golden Valley Police Department Policy Manual Response to Bomb Calls Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Response to Bomb Calls - 280 408.5 PRIVATE FACILITY OR PROPERTY When a member of this department receives notification of a bomb threat at a location in the City of Golden Valley, the member receiving the notification should obtain as much information as reasonably possible from the notifying individual, including: (a)The location of the facility. (b)The nature of the threat. (c)Whether the type and detonation time of the device is known. (d)Whether the facility is occupied, and if so, the number of occupants currently on-scene. (e)Whether the individual is requesting police assistance at the facility. (f)Whether there are any internal facility procedures regarding bomb threats in place, such as: 1.No evacuation of personnel and no search for a device. 2.Search for a device without evacuation of personnel. 3.Evacuation of personnel without a search for a device. 4.Evacuation of personnel and a search for a device. The member receiving the bomb threat information should ensure that the Shift Sergeant is immediately notified so that he/she can communicate with the person in charge of the threatened facility. 408.5.1 ASSISTANCE/MUTUAL AID The Shift Sergeant should be notified when mutual aid police assistance is requested. The Shift Sergeant will make the decision whether the Department will render aid and at what level. Information and circumstances that indicate a reasonably apparent, imminent threat to the safety of either the facility or the public may require a more active approach, including police control over the facility. Should the Shift Sergeant determine that the Department will assist or control such an incident, he/she will determine: (a)The appropriate level of assistance. (b)The plan for assistance. (c)Whether to evacuate and/or search the facility. (d)Whether to involve facility staff in the search or evacuation of the building. (a)The person in charge of the facility should be made aware of the possibility of damage to the facility as a result of a search. (b)The safety of all participants is the paramount concern. (e)The need for additional resources, including: Golden Valley Police Department Policy Manual Response to Bomb Calls Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Response to Bomb Calls - 281 1.Notification and response, or standby notice, for fire and emergency medical services. Even though a facility does not request police assistance to clear the interior of a building, based upon the circumstances and known threat, officers may be sent to the scene to evacuate other areas that could be affected by the type of threat, or for traffic and pedestrian control. 408.6 FOUND DEVICE When handling an incident involving a suspected explosive device, the following guidelines, while not all inclusive, should be followed: (a)No known or suspected explosive item should be considered safe regardless of its size or apparent packaging. (b)The device should not be touched or moved except by the bomb squad or military explosive ordnance disposal team. (c)Personnel should not transmit on any equipment that is capable of producing radio frequency energy within the evacuation area around the suspected device. This includes the following: 1.Two-way radios 2.Cell phones 3.Other personal communication devices (d)The appropriate bomb squad or military explosive ordnance disposal team should be summoned for assistance. (e)The largest perimeter reasonably possible should initially be established around the device based upon available personnel and the anticipated danger zone. (f)A safe access route should be provided for support personnel and equipment. (g)Search the area for secondary devices as appropriate and based upon available resources. (h)Consider evacuation of buildings and personnel near the device or inside the danger zone and the safest exit route. (i)Promptly relay available information to the Shift Sergeant including: 1.The time of discovery. 2.The exact location of the device. 3.A full description of the device (e.g., size, shape, markings, construction). 4.The anticipated danger zone and perimeter. 5.The areas to be evacuated or cleared. Golden Valley Police Department Policy Manual Response to Bomb Calls Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Response to Bomb Calls - 282 408.7 EXPLOSION/BOMBING INCIDENTS When an explosion has occurred, there are multitudes of considerations which may confront the responding officers. As in other catastrophic events, a rapid response may help to minimize injury to victims, minimize contamination of the scene by gathering crowds, or minimize any additional damage from fires or unstable structures. 408.7.1 CONSIDERATIONS Officers responding to explosions, whether accidental or a criminal act, should consider the following actions: (a)Assess the scope of the incident, including the number of victims and extent of injuries. (b)Request additional personnel and resources, as appropriate. (c)Assist with first aid. (d)Identify and take appropriate precautions to mitigate scene hazards, such as collapsed structures, bloodborne pathogens and hazardous materials. (e)Assist with the safe evacuation of victims, if possible. (f)Establish an inner perimeter to include entry points and evacuation routes. Search for additional or secondary devices. (g)Preserve evidence. (h)Establish an outer perimeter and evacuate if necessary. (i)Identify witnesses. 408.7.2 NOTIFICATIONS When an explosion has occurred, the following people should be notified as appropriate: •Fire department •Bomb squad •Additional department personnel, such as investigators and forensic services •Field supervisor •Chief of Police •Other law enforcement agencies, including local, state or federal agencies, such as the FBI and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) •Other government agencies, as appropriate 408.7.3 CROWD CONTROL Only authorized members with a legitimate need should be permitted access to the scene. Spectators and other unauthorized individuals should be restricted to a safe distance as is reasonably practicable given the available resources and personnel. Golden Valley Police Department Policy Manual Response to Bomb Calls Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Response to Bomb Calls - 283 408.7.4 PRESERVATION OF EVIDENCE As in any other crime scene, steps should immediately be taken to preserve the scene. The Shift Sergeant should assign officers to protect the crime scene area, which could extend over a long distance. Consideration should be given to the fact that evidence may be imbedded in nearby structures or hanging in trees and bushes. Policy 409 Golden Valley Police Department Policy Manual Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Civil Commitments - 284 Civil Commitments 409.1 PURPOSE AND SCOPE 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.051). 409.2 POLICY It is the policy of the Golden Valley 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/use, 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 an appropriate treatment facility for a 72-hour evaluation (Minn. Stat. § 253B.051, Subd. 1). The officer shall make written application for admission of the individual to an appropriate 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.051, Subd. 1). 409.3.1 VOLUNTARY EVALUATION If an officer encounters an individual who may qualify for a 72-hour hold, he/she 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)Transport or request transportation for 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: Golden Valley Police Department Policy Manual Civil Commitments Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Civil Commitments - 285 (a)Available information that might assist in determining the cause and nature of the individual's action or stated intentions. (b)Community or neighborhood mediation services. (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, others or the individual. 409.5 TRANSPORTATION When transporting any individual for a 72-hour hold, the transporting officer should have dispatchDispatch notify the receiving facility of the estimated time of arrival, the level of cooperation of the individual and whether any special medical care is needed. Officers may transport individuals in a patrol unit and shall secure them in accordance with the Handcuffing and Restraints Policy. Should the detainee require transport in a medical transport vehicle and the safety of any person, including the detainee, requires the presence of an officer during the transport, Shift Sergeant Supervisor approval is required before transport commences. 409.5.1 TYPE OF TRANSPORTATION When transporting any individual on a Minn. Stat. § 253B.051 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.051, Subd. 1(e)). 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. Golden Valley Police Department Policy Manual Civil Commitments Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Civil Commitments - 286 409.8 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 entering a residence or other place to search unless lawful warrantless entry has already been made (e.g., exigent circumstances, consent). A warrant may also be needed before searching for or seizing weapons. 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. Policy 410 Golden Valley Police Department Policy Manual Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Citation Releases - 287 Citation Releases 410.1 PURPOSE AND SCOPE The purpose of this policy is to provide members of the Golden Valley 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 Golden Valley Police Department will consider its resources and its mission of protecting and serving 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): (a)Cause bodily injury to him/herself or another if he/she is not detained. (b)Continue engaging in criminal conduct. (c)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): (a)One which would result in the revocation of the offender's driver's license under Minnesota law upon conviction. (b)A violation of a highway weight limitation. (c)A violation of a law governing the transportation of hazardous materials. (d)That the offender was driving without a valid driver's license. Golden Valley Police Department Policy Manual Citation Releases Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Citation Releases - 288 410.4 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 CONSIDERATIONS In determining whether to cite and release a person when discretion is permitted, officers should consider: (a)The type of offense committed. (b)The known criminal history of the suspected offender. (c)The ability to identify the suspected offender with reasonable certainty. (d)Whether there is any record of the individual failing to appear in previous cases or other articulable indications that the individual may not appear in court for this offense. (e)The individual’s ties to the area, such as residence, employment or family. (f)Whether there is reasonable likelihood that criminal conduct by the individual will continue. 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). Policy 411 Golden Valley Police Department Policy Manual Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Foreign Diplomatic and Consular Representatives - 289 Foreign Diplomatic and Consular Representatives 411.1 PURPOSE AND SCOPE This policy provides guidelines to ensure that members of the Golden Valley Police Department extend appropriate privileges and immunities to foreign diplomatic and consular representatives in accordance with international law. 411.2 POLICY The Golden Valley 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. (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. Golden Valley Police Department Policy Manual Foreign Diplomatic and Consular Representatives Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Foreign Diplomatic and Consular Representatives - 290 411.4 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: 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: Golden Valley Police Department Policy Manual Foreign Diplomatic and Consular Representatives Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Foreign Diplomatic and Consular Representatives - 291 Category Arrested or Detained Enter Residence Subject to Ordinary Procedures Issued Traffic Citation Subpoenaed as Witness Prosecuted Recognized Family Members Diplomatic Agent No (note b)No Yes No No Same as sponsor (full immunity & inviolability) Member of Admin and Tech Staff No (note b)No Yes No No Same as sponsor (full immunity & inviolability) Service Staff Yes (note a)Yes Yes Yes No for official acts Yes otherwise (note a) No immunity or inviolability (note a) Career Consul Officer Yes if for a felony and pursuant to a warrant (note a) Yes (note d)Yes Yes No for official acts Yes otherwise (note a) No immunity or inviolability Honorable Consul Officer Yes Yes Yes No for official acts Yes otherwise No for official acts Yes otherwise No immunity or inviolability Consulate Employees Yes (note a)Yes Yes No for official acts Yes otherwise No for official acts Yes otherwise (note a) No immunity or inviolability (note a) Int'l Org Staff (note b) Yes (note c)Yes (note c)Yes Yes (note c)No for official acts Yes otherwise (note c) No immunity or inviolability Diplomatic- Level Staff of Missions to Int’l Org No (note b)No Yes No No Same as sponsor (full immunity & inviolability) Golden Valley Police Department Policy Manual Foreign Diplomatic and Consular Representatives Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Foreign Diplomatic and Consular Representatives - 292 Support Staff of Missions to Int’l Orgs Yes Yes Yes Yes No for official acts Yes otherwise No immunity or inviolability 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. Policy 412 Golden Valley Police Department Policy Manual Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Rapid Response and Deployment - 293 Rapid Response and Deployment 412.1 PURPOSE AND SCOPE Violence that is committed in schools, workplaces and other locations by individuals or a group of individuals who are determined to target and kill persons and to create mass casualties presents a difficult situation for law enforcement. The purpose of this policy is to identify guidelines and factors that will assist officers in situations that call for rapid response and deployment. 412.2 POLICY The Golden Valley Police Department will endeavor to plan for rapid response to crisis situations, and to coordinate response planning with other emergency services as well as with those that are responsible for operating sites that may be the target of a critical incident. Nothing in this policy shall preclude the use of reasonable force, deadly or otherwise, by members of the Department in protecting themselves or others from death or serious injury. 412.3 CONSIDERATIONS When dealing with a crisis situation members should: (a)Assess the immediate situation and take reasonable steps to maintain operative control of the incident. (b)Obtain, explore and analyze sources of intelligence and known information regarding the circumstances, location and suspect involved in the incident. (c)Attempt to attain a tactical advantage over the suspect by reducing, preventing or eliminating any known or perceived threat. (d)Attempt, if feasible and based upon the suspect’s actions and danger to others, a negotiated surrender of the suspect and release of the hostages. 412.4 FIRST RESPONSE 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 reduce, prevent or 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. If a suspect is actively engaged in the infliction of serious bodily harm or other life-threatening activity toward others, officers should take immediate action, if reasonably practicable, while requesting additional assistance. Officers should remain aware of the possibility that an incident may be part of a coordinated multi- location attack that may require some capacity to respond to other incidents at other locations. When deciding on a course of action officers should consider: Golden Valley Police Department Policy Manual Rapid Response and Deployment Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Rapid Response and Deployment - 294 (a)Whether to advance on or engage a suspect who is still a possible or perceived threat to others. Any advance or engagement should be based on information known or received at the time. (b)Whether to wait for additional resources or personnel. This does not preclude an individual officer from taking immediate action. (c)Whether individuals who are under imminent threat can be moved or evacuated with reasonable safety. (d)Whether the suspect can be contained or denied access to victims. (e)Whether the officers have the ability to effectively communicate with other personnel or resources. (f)Whether planned tactics can be effectively deployed. (g)The availability of rifles, shotguns, shields, breaching tools, control devices and any other appropriate tools, and whether the deployment of these tools will provide a tactical advantage. 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 (special tactics and/or hostage negotiation team response). 412.5 PLANNING The Patrol Assistant Chief should coordinate critical incident planning. Planning efforts should consider: (a)Identification of likely critical incident target sites, such as schools, shopping centers, entertainment and sporting event venues. (b)Availability of building plans and venue schematics of likely critical incident target sites. (c)Communications interoperability with other law enforcement and emergency service agencies. (d)Training opportunities in critical incident target sites, including joint training with site occupants. (e)Evacuation routes in critical incident target sites. (f)Patrol first-response training. (g)Response coordination and resources of emergency medical and fire services. (h)Equipment needs. (i)Mutual aid agreements with other agencies. (j)Coordination with private security providers in critical incident target sites. Golden Valley Police Department Policy Manual Rapid Response and Deployment Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Rapid Response and Deployment - 295 412.6 TRAINING The Training Coordinator should include rapid response to critical incidents in the training plan. This training should address: (a)Orientation to likely critical incident target sites, such as schools, shopping centers, entertainment and sporting event venues. (b)Communications interoperability with other law enforcement and emergency service agencies. (c)Patrol first-response training, including patrol rifle, shotgun, breaching tool and control device training. (d)First aid, including gunshot trauma. (e)Reality-based scenario training (e.g., active shooter, disgruntled violent worker). Policy 413 Golden Valley Police Department Policy Manual Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Immigration Violations - 296 Immigration Violations 413.1 PURPOSE AND SCOPE The purpose of this policy is to provide guidelines to members of the Golden Valley Police Department relating to immigration and interacting with federal immigration officials. 413.2 POLICY Immigration laws are complex and the training required to understand and enforce them significantly detracts from the core mission of the Golden Valley Police Departmentto create safe communities. Federal courts have consistently held that undocumented presence is not a crime but a federal civil violation only enforceable by federal officers. The lack of legal authority to enforce federal civil immigration statutes exposes police to liability for unlawful arrest and detention. Therefore, it is the policy of the Golden Valley Police Department not to enforce federal immigration laws and that all members make personal and professional commitments to equal enforcement of the law and equal service to the public, regardless of national origin or immigration status. This approach will increase the effectiveness of this department in protecting and serving the entire community and recognizing the dignity of all persons. 413.3 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 not in any way that would violate the United States or Minnesota constitutions. 413.4 DETENTIONS An officer shall not stop or detain any individual, for any length of time, solely for determining immigration status. An officer shall not stop or detain any individual, for any length of time, for a civil violation of federal immigration laws or a related civil warrant. An officer shall arrest foreign nationals only under the following circumstances: (a)there is a valid criminal warrant issued for the persons arrest. (b)There is probably cause to believe that the foreign national has violated a federal or criminal law, a state law, or a local ordinance. An officer shall not arrest foreign nationals solely for alleged undocumented entry into the U.S. Golden Valley Police Department Policy Manual Immigration Violations Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Immigration Violations - 297 413.5 ARREST NOTIFICATION TO IMMIGRATION AND CUSTOMS ENFORCEMENT An officer shall 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. 413.6 FEDERAL REQUESTS FOR ASSISTANCE Requests by federal immigration officials for assistance from this department should be directed to a supervisor. The Department may only provide available support services, such as traffic control or peacekeeping efforts. 413.7 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 immediately forwarded to the Investigation Unit supervisor assigned to oversee the handling of any related case. The Investigation Unit supervisor 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, within 14 business days. (a)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 and a member of the command staff. Include a copy of any completed form in the case file. 413.8 TRAINING The Training Coordinator should ensure officers receive training on this policy. Policy 414 Golden Valley Police Department Policy Manual Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Emergency Utility Service - 298 Emergency Utility Service 414.1 PURPOSE AND SCOPE The Public Works 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. 414.1.1 EMERGENCY NUMBERS A current list of emergency personnel who are to be called for municipal utility emergencies will be maintained by Dispatch. 414.1.2 BROKEN WATER LINES OUTSIDE A BUILDING Reports of a watermain break outside a building, Public Works emergency personnel should be contacted as soon as possible by Dispatch. 414.1.3 BROKEN WATER LINE INSIDE A BUILDING The City's responsibility ends at the curb stop, excluding the water meter. Reports of a leak or malfunction in the water system inside a building are the responsibility of the resident or business. Public Works emergency personnel can be contacted by Dispatch to turn off the curb stop at the property line if the resident or business cannot operate the valves above or below the water meter. 414.1.4 RESERVOIRS AND PUMPS Public Works maintains the Golden Valley public water system. Reports of water loss or water quality issues, Public Works emergency personnel should be contacted as soon as possible by Dispatch. 414.1.5 FLOODING Reports of flooding or trees blocking creek flow, Public Works emergency personnel should be contacted as soon as possible by Dispatch. 414.1.6 SEWER BACKUP Reports of sewer backups, Public Works emergency personnel should be contacted as soon as possible by Dispatch. 414.2 ELECTRICAL LINES 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 should be contacted as soon as possible by Dispatch. Public Works can be contacted to deploy traffic control, as appropriate. Golden Valley Police Department Policy Manual Emergency Utility Service Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Emergency Utility Service - 299 414.3 TRAFFIC SIGNAL/STOP SIGN MAINTENANCE The City of Golden Valley contracts with a private maintenance company to provide maintenance for traffic signals owned by the City, other than those maintained by the Minnesota Department of Transportation (MnDOT or Hennepin County). 414.3.1 OFFICER’S RESPONSIBILITIES Upon observing or reports of 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 agency. Policy 415 Golden Valley Police Department Policy Manual Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Aircraft Accidents - 300 Aircraft Accidents 415.1 PURPOSE AND SCOPE The purpose of this policy is to provide department members with guidelines for handling aircraft accidents. This policy does not supersede, and is supplementary to, applicable portions of the Crime and Disaster Scene Integrity, Emergency Operations Plan and Hazardous Material Response policies. 415.1.1 DEFINITIONS Definitions related to this policy include: 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. 415.2 POLICY It is the policy of the Golden Valley Police Department to provide an appropriate emergency response to aircraft accidents. This includes emergency medical care and scene management. 415.3 ARRIVAL AT SCENE Officers or other authorized members tasked with initial scene management should establish an inner and outer perimeter to: (a)Protect persons and property. (b)Prevent any disturbance or further damage to the wreckage or debris, except to preserve life or rescue the injured. (c)Preserve ground scars and marks made by the aircraft. (d)Manage the admission and access of public safety and medical personnel to the extent necessary to preserve life or to stabilize hazardous materials. (e)Maintain a record of persons who enter the accident site. (f)Consider implementation of an Incident Command System (ICS). 415.4 INJURIES AND CASUALTIES Members should address emergency medical issues and provide care as a first priority. Those tasked with the supervision of the scene should coordinate with the National Transportation Safety Board (NTSB) before the removal of bodies. If that is not possible, the scene supervisor should ensure documentation of what was disturbed, including switch/control positions and instrument/gauge readings. Golden Valley Police Department Policy Manual Aircraft Accidents Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Aircraft Accidents - 301 415.5 NOTIFICATIONS When an aircraft accident is reported to this department, the responding supervisor shall ensure notification is or has been made to NTSB, the Federal Aviation Administration (FAA), and when applicable, the appropriate branch of the military. Supervisors shall ensure other notifications are made once an aircraft accident has been reported. The notifications will vary depending on the type of accident, extent of injuries or damage, and the type of aircraft involved. When an aircraft accident has occurred, it is generally necessary to notify the following: (a)Fire department (b)Appropriate airport tower (c)Emergency medical services (EMS) 415.6 CONTROLLING ACCESS AND SCENE AUTHORITY Prior to NTSB arrival, scene access should be limited to authorized personnel from the: (a)FAA. (b)Fire department, EMS or other assisting law enforcement agencies. (c)Medical Examiner. (d)Air Carrier/Operators investigative teams with NTSB approval. (e)Appropriate branch of the military, when applicable. (f)Other emergency services agencies (e.g., hazardous materials teams, biohazard decontamination teams, fuel recovery specialists, explosive ordnance disposal specialists). The NTSB has primary responsibility for investigating accidents involving civil aircraft. In the case of a military aircraft accident, the appropriate branch of the military will have primary investigation responsibility. After the NTSB or military representative arrives on-scene, the efforts of this department will shift to a support role for those agencies. If NTSB or a military representative determines that an aircraft or accident does not qualify under its jurisdiction, the on-scene department supervisor should ensure the accident is still appropriately investigated and documented. 415.7 DANGEROUS MATERIALS Members should be aware of potentially dangerous materials that might be present. These may include, but are not limited to: (a)Fuel, chemicals, explosives, biological or radioactive materials and bombs or other ordnance. (b)Pressure vessels, compressed gas bottles, accumulators and tires. Golden Valley Police Department Policy Manual Aircraft Accidents Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Aircraft Accidents - 302 (c)Fluids, batteries, flares and igniters. (d)Evacuation chutes, ballistic parachute systems and composite materials. 415.8 DOCUMENTATION All aircraft accidents occurring within the City of Golden Valley shall be documented. At a minimum the documentation should include the date, time and location of the incident; any witness statements, if taken; the names of GVPD members deployed to assist; other City resources that were utilized; and cross reference information to other investigating agencies. Suspected criminal activity should be documented on the appropriate crime report. 415.8.1 WRECKAGE When reasonably safe, members should: (a)Obtain the aircraft registration number (N number) and note the type of aircraft. (b)Attempt to ascertain the number of casualties. (c)Obtain photographs or video of the overall wreckage, including the cockpit and damage, starting at the initial point of impact, if possible, and any ground scars or marks made by the aircraft. 1.Military aircraft may contain classified equipment and therefore shall not be photographed unless authorized by a military commanding officer (18 USC § 795). (d)Secure, if requested by the lead authority, any electronic data or video recorders from the aircraft that became dislodged or cell phones or other recording devices that are part of the wreckage. (e)Acquire copies of any recordings from security cameras that may have captured the incident. 415.8.2 WITNESSES Members tasked with contacting witnesses should obtain: (a)The location of the witness at the time of his/her observation relative to the accident site. (b)A detailed description of what was observed or heard. (c)Any photographs or recordings of the accident witnesses may be willing to voluntarily surrender. (d)The names of all persons reporting the accident, even if not yet interviewed. (e)Any audio recordings of reports to 9-1-1 regarding the accident and dispatch records. 415.9 MEDIA RELATIONS The Public Information Officer (PIO) should coordinate a response to the media, including access issues, road closures, detours and any safety information that is pertinent to the surrounding community. Any release of information regarding details of the accident itself should Golden Valley Police Department Policy Manual Aircraft Accidents Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Aircraft Accidents - 303 be coordinated with the NTSB or other authority who may have assumed responsibility for the investigation. Depending on the type of aircraft, the airline or the military may be responsible for family notifications and the release of victims’ names. The PIO should coordinate with other involved entities before the release of information. Policy 416 Golden Valley Police Department Policy Manual Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Field Training Officer Program - 304 Field Training Officer Program 416.1 PURPOSE AND SCOPE 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 Golden Valley 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. 416.2 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. 416.2.1 SELECTION PROCESS FTOs will be selected based on the following requirements: (a)Desire to be an FTO. (b)Minimum of four 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 oral interview selection process. (e)Evaluation by supervisors and current FTOs. (f)Possess an FTO certificate of completion from a Minnesota POST Board-approved course. 416.2.2 CONTINUED TRAINING All FTOs must complete a POST-approved FTO update course every three years while assigned to the position of FTO. 416.3 FIELD TRAINING OFFICER PROGRAM SUPERVISOR The Field Training Officer Program Supervisor will be selected by the Patrol Assistant Chief 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. (d)Maintain, update and issue the Field Training Manual to each trainee. Golden Valley Police Department Policy Manual Field Training Officer Program Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Field Training Officer Program - 305 (e)Monitor individual FTO performance. (f)Monitor overall FTO Program. (g)Maintain liaison with FTO coordinators of other agencies. (h)Maintain liaison with academy staff on recruit performance during the academy. (i)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. 416.4 TRAINEE DEFINED Trainee - Any entry level or lateral police officer newly appointed to the Golden Valley Police Department who possesses a Minnesota POST license or is eligible to be licensed. 416.5 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. 416.5.1 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 Golden Valley 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 Golden Valley Police Department. 416.6 EVALUATIONS Evaluations are an important component of the training process and shall be completed as outlined below. 416.6.1 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 supervisor on a daily basis. (b)Reviewing the Daily Trainee Performance Evaluations with the trainee each day. Golden Valley Police Department Policy Manual Field Training Officer Program Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Field Training Officer Program - 306 (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. 416.6.2 IMMEDIATE SUPERVISOR The immediate supervisor shall review and approve the Daily Trainee Performance Evaluations and forward them to the Field Training Administrator. 416.6.3 FIELD TRAINING ADMINISTRATOR The Field Training Administrator will review and approve the Daily Trainee Performance Evaluations submitted by the FTO through his/her immediate supervisor. 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 Chief of Police for review and approval. 416.6.4 TRAINEE During the Field Training Program, the trainee may provide feedback about their Field Trainers and the Field Training Program to Human Resources or the Chief of Police. 416.7 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 required number of hours of field training. Policy 417 Golden Valley Police Department Policy Manual Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Obtaining Air Support - 307 Obtaining Air Support 417.1 PURPOSE AND SCOPE 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. 417.2 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. 417.2.1 REQUEST FOR ASSISTANCE FROM ANOTHER AGENCY After consideration and approval of the request for air support, the Shift Sergeant or designee will advise dispatch of those requests who may call the closest agency having air support available. The Shift Sergeant or dispatch will apprise that agency of the specific details of the incident prompting the request. 417.2.2 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 Sergeant 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. Policy 418 Golden Valley Police Department Policy Manual Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Contacts and Temporary Detentions - 308 Contacts and Temporary Detentions 418.1 PURPOSE AND SCOPE 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. 418.1.1 DEFINITIONS Definitions related to this policy include: 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. 418.2 POLICY The Golden Valley Police Department respects the right of the public to be free from unreasonable searches or seizures. Due to the wide 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 discretion of the officer based on the totality of the circumstances, officer safety considerations, and constitutional safeguards. Golden Valley Police Department Policy Manual Contacts and Temporary Detentions Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Contacts and Temporary Detentions - 309 418.3 FIELD INTERVIEWS Based on observance of suspicious/criminal 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 Golden Valley Police Department to strengthen community involvement, community awareness, and problem identification. 418.3.1 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. 418.4 FIELD PHOTOGRAPHS All available databases should be searched before photographing any field detainee. If a photograph is not located, or if an existing photograph no longer resembles the detainee, the officer shall carefully consider, among other things, the factors listed below. 418.4.1 FIELD PHOTOGRAPHS TAKEN WITH CONSENT Field photographs may be taken when the subject being photographed knowingly and voluntarily gives consent. When taking a consensual photograph, the officer should have the individual read and sign the appropriate form accompanying the photograph. 418.4.2 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 Golden Valley Police Department Policy Manual Contacts and Temporary Detentions Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Contacts and Temporary Detentions - 310 conduct. The subject should not be ordered to remove or lift any clothing for the purpose of taking a photograph. 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 submitted to a supervisor and retained in compliance with this policy. 418.4.3 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 Staff. 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. 418.4.4 SUPERVISOR RESPONSIBILITIES 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. 418.4 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: Golden Valley Police Department Policy Manual Contacts and Temporary Detentions Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Contacts and Temporary Detentions - 311 (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. 418.5 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. 2.Officers should inform witnesses that they may request not to be identified publicly. (Minn. Stat. 13.83, subd. 17(d)). Policy 419 Golden Valley Police Department Policy Manual Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Criminal Organizations - 312 Criminal Organizations 419.1 PURPOSE AND SCOPE The purpose of this policy is to ensure that the Golden Valley Police Department appropriately utilizes criminal intelligence systems and temporary information files to support investigations of criminal organizations and enterprises. 419.1.1 DEFINITIONS Definitions related to this policy include: 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. 419.2 POLICY The Golden Valley 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. 419.3 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 designated supervisor 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. 419.3.1 SYSTEM ENTRIES It is the designated supervisor’s responsibility to approve the entry of any information from a report, FI, 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 Staff. Any Golden Valley Police Department Policy Manual Criminal Organizations Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Criminal Organizations - 313 supporting documentation for an entry shall be retained by the Support Staff 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 Staff are appropriately marked as intelligence information. The Police Front Office Supervisor may not purge such documents without the approval of the designated supervisor. 419.3.2 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 299A.642. (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. 419.4 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. 419.4.1 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 Staff or Property and Evidence Room, but should be copies of, or references to, retained documents such as copies of reports, field interview (FI) forms, 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. Golden Valley Police Department Policy Manual Criminal Organizations Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Criminal Organizations - 314 (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. 419.4.2 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. All file destruction must comply with the requirements of the City's Record Retention Schedule, Data Practices Policy and the Minnesota Government Data Practices Act (the MGDPA). 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. 419.5 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 work with the Training Coordinator to train members to identify information that may be particularly relevant for inclusion. 419.6 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 Maintenance and Release Policy and the Minnesota Government Data Practices Act. (MGDPA). 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. Golden Valley Police Department Policy Manual Criminal Organizations Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Criminal Organizations - 315 419.7 CRIMINAL STREET GANGS The Investigation Unit supervisor should ensure that there are an appropriate number of department members who can: (a)Testify as experts on matters related to criminal street gangs, and maintain an above average familiarity with identification of criminal street gangs, criminal street gang members and patterns of criminal gang activity. (b)Coordinate with other agencies in the region regarding criminal street gang crimes and information. (c)Train other members to identify gang indicia and investigate criminal street gang- related crimes. 419.8 TRAINING The Training Coordinator 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. Policy 420 Golden Valley Police Department Policy Manual Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Shift Sergeants - 316 Shift Sergeants 420.1 PURPOSE AND SCOPE Each patrol shift must be directed by supervisors who are capable of making decisions and communicating in a manner consistent with Department policies, procedures, practices, functions and objectives. To accomplish this goal, a Sergeant heads each watch. 420.2 DESIGNATION AS OFFICER IN CHARGE (OIC) ACTING SHIFT SERGEANT When a Sergeant is unavailable for duty as Shift Sergeant, in most instances the senior qualified officer shall be designated as Officer in charge (OIC) This policy does not preclude designating a less senior officer as an acting Shift Sergeant when operational needs require or training permits.The OIC may not issue discipline while in this role but will immediately verbally contact a supervisor and provide written documentation of the incident, to include any witnesses. Policy 421 Golden Valley Police Department Policy Manual Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Mobile Video Recorders - 317 Mobile Video Recorders 421.1 PURPOSE AND SCOPE The Golden Valley Police Department has equipped marked patrol cars with Mobile Video Recording (MVR) systems to provide records of events and assist officers in the performance of their duties. This policy provides guidance on the use of these systems. 421.1.1 DEFINITIONS Definitions related to this policy include: Activate - Any process that causes the MVR system to transmit or store video or audio data in an active mode. In-car camera system and Mobile Video Recorder (MVR) - Synonymous terms - that refer to any system that captures audio and video signals that is capable of installation in a vehicle and that includes at minimum, a camera, microphone, recorder and monitor. Law Enforcement Operator (LEO) - Primarily a licensed peace officer but on occasion may be a non-licensed representative of the Department who is authorized and assigned to operate MVR- equipped vehicles to the extent consistent with Minn. Stat. § 169.98. MGDPA - The Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13. MVR technician - Personnel certified or trained in the operational use and repair of MVRs, duplicating methods, storage and retrieval methods and procedures, and who possess a working knowledge of video forensics and evidentiary procedures. Recorded media - Audio-video signals recorded or digitally stored on a storage device or portable media. 421.2 POLICY It is the goal of the Golden Valley Police Department to use mobile video recorder (MVR) technology to more effectively fulfill the department’s mission and to ensure these systems are used securely and efficiently. 421.3 OFFICER RESPONSIBILITIES Prior to going into service each officer will properly equip him/herself to record audio and video in the field. At the end of the shift each officer will follow the established procedures for providing to the Department any recordings or used media and any other related equipment. Each officer should have adequate recording media for the entire duty assignment. In the event an officer works at a remote location and reports in only periodically additional recording media may be issued. Only Golden Valley Police Department identified and labeled media with tracking numbers is to be used. At the start of each shift, officers should test the MVR system operation in accordance with manufacturer specifications and department operating procedures and training. Golden Valley Police Department Policy Manual Mobile Video Recorders Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Mobile Video Recorders - 318 System documentation is accomplished by the officer recording his/her name, serial number, badge, or PIN number and the current date and time at the start and again at the end of each shift. If the system is malfunctioning, the officer shall take the vehicle out of service unless a supervisor requests the vehicle remain in service. 421.4 ACTIVATION OF THE MVR The MVR system is designed to turn on whenever the unit's emergency lights are activated. The system remains on until it is turned off manually. The audio portion is independently controlled and should be activated manually by the officer whenever appropriate. When audio is being recorded the video will also record. Operators are encouraged to narrate events using the audio recording so as to provide the best documentation for pretrial and courtroom presentation. 421.4.1 REQUIRED ACTIVATION OF THE MVR This policy is not intended to describe every possible 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 an incident. In some circumstances it is not possible to capture images of the incident due to conditions or the location of the camera. However the audio portion can be valuable evidence and is subject to the same activation requirements as the MVR. The MVR system should be activated in any of the following situations: (a)All field contacts involving actual or potential criminal conduct within video or audio range: 1.Traffic stops (to include, but not limited to, traffic violations, stranded motorist assistance and all crime interdiction stops) 2.Priority responses 3.Vehicle pursuits 4.Suspicious vehicles 5.Arrests 6.Vehicle searches 7.Physical or verbal confrontations or use of force 8.Prisoner transports 9.Non-custody transports 10.Pedestrian checks 11.DWI investigations including field sobriety tests 12.Consensual encounters Golden Valley Police Department Policy Manual Mobile Video Recorders Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Mobile Video Recorders - 319 13.Crimes in progress 14.Responding to an in-progress call 15.Medical incidents attended to by members of the Department (b)All self-initiated activity in which an officer would normally notify Dispatch (c)Any call for service involving a crime where the recorder may aid in the apprehension and/or prosecution of a suspect: 1.Family violence calls 2.Disturbance of peace calls 3.Offenses involving violence or weapons (d)Any other contact that becomes adversarial after the initial contact, in a situation that would not otherwise require recording (e)Any other circumstance where the officer believes that a recording of an incident would be appropriate 421.4.2 CESSATION OF RECORDING Once activated the MVR system should remain on until the incident has concluded. For purposes of this section conclusion of an incident has occurred when all arrests have been made, arrestees have been transported and all witnesses and victims have been interviewed. Recording may cease if an officer is simply waiting for a tow truck or a friend or family member to arrive, or in other similar situations. 421.4.3 WHEN ACTIVATION IS NOT REQUIRED Activation of the MVR system is not required when exchanging information with other officers or during breaks, lunch periods, when not in service or actively on patrol. No member of this department may surreptitiously use City equipment to record a conversation of any other member of this department except with a court order or when lawfully authorized by the Chief of Police or the authorized designee for the purpose of conducting a criminal or administrative investigation. 421.4.4 SUPERVISOR RESPONSIBILITIES Supervisors should determine if vehicles with non-functioning MVR systems should be placed into service. If these vehicles are placed into service, the appropriate documentation should be made, including notification of Dispatch. At reasonable intervals, supervisors should validate that: (a)Beginning and end-of-shift recording procedures are followed. (b)Logs reflect the proper chain of custody, including: 1.The tracking number of the MVR system media. 2.The date it was issued. Golden Valley Police Department Policy Manual Mobile Video Recorders Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Mobile Video Recorders - 320 3.The law enforcement operator or the vehicle to which it was issued. 4.The date it was submitted. 5.Law enforcement operators submitting the media. 6.Holds for evidence indication and tagging as required. (c)The operation of MVR systems by new employees is assessed and reviewed no less than biweekly. When an incident arises that requires the immediate retrieval of the recorded media (e.g., serious crime scenes, peace officer-involved shootings, department-involved collisions), a supervisor shall respond to the scene and ensure that the appropriate supervisor, MVR technician or crime scene investigator properly retrieves the recorded media. The media may need to be treated as evidence and should be handled in accordance with current evidence procedures for recorded media. Copies may be distributed to investigators as appropriate to the investigation. Supervisors may activate the MVR system remotely to monitor a developing situation such as a chase, riot or an event that may threaten public safety, officer safety or both, when the purpose is to obtain tactical information to assist in managing the event. 421.5 REVIEW OF MVR RECORDINGS All recording media, recorded images and audio 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 Disciplinary Procedures Act or other applicable law. 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 MVR technician or forensic media staff. 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. Recordings may be reviewed in any of the following situations. (a)For use when preparing reports or statements (b)By a supervisor investigating a specific act of officer conduct (c)By a supervisor to assess officer performance (d)To assess proper functioning of MVR systems (e)By department investigators, after approval of a supervisor, who are participating in an official investigation such as a personnel complaint, administrative inquiry or a criminal investigation (f)By department personnel who request to review recordings (g)By an officer who is captured on or referenced in the video or audio data and reviews and uses the data for any purpose relating to his/her employment Golden Valley Police Department Policy Manual Mobile Video Recorders Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Mobile Video Recorders - 321 (h)By court personnel through proper process or with permission of the Chief of Police or the authorized designee (i)By the media through proper process or with an MGDPA request (Minn. Stat. § 13.01 et seq.) (j)To assess possible training value (k)Recordings may be shown for staff or public safety training purposes. If an involved officer objects to showing a recording, his/her objection will be submitted to the staff to determine if the training value outweighs the officer's objection Employees desiring to view any previously uploaded or archived MVR recording should submit a request in writing to the Shift Sergeant. Approved requests should be forwarded to the MVR technician for processing. In no event shall any recording be used or shown for the purpose of ridiculing or embarrassing any employee. 421.6 DOCUMENTING MVR USE If any incident is recorded with either the video or audio system, the existence of that recording shall be documented in the officer's report. If a citation is issued, the officer shall make a notation on the records copy of the citation indicating that the incident was recorded. 421.7 RECORDING MEDIA STORAGE AND INTEGRITY Once submitted for storage all recording media will be labeled and stored in a designated secure area. All recording media that is not booked in as evidence will be retained for a minimum of 180 days and disposed of in compliance with the established records retention schedule. Classifications and retention periods are as follows: Classification Retention time Arrest 6 years Critical Incident Indefinite Interview 6 years Misc. Others 90 days Report 3 years Traffic/Citation & Warning 6 years Traffic/No Citation/Suspicious 1 year Training 90 days Video System Check 90 days Death Investigation/CSC Indefinite Golden Valley Police Department Policy Manual Mobile Video Recorders Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Mobile Video Recorders - 322 421.7.1 COPIES OF ORIGINAL RECORDING MEDIA Original recording media shall not be used for any purpose other than for initial review by a supervisor. Upon proper request a copy of the original recording media will be made for use as authorized in this policy. Original recording media may only be released in response to a court order or upon approval by the Chief of Police or the authorized designee. In the event an original recording is released to a court a copy shall be made and placed in storage until the original is returned. 421.7.2 MVR RECORDINGS AS EVIDENCE Officers who reasonably believe that an MVR recording is likely to contain evidence relevant to a criminal offense, potential claim against the officer or against the Golden Valley Police Department should indicate this in an appropriate report. Officers should ensure relevant recordings are preserved. 421.8 SYSTEM OPERATIONAL STANDARDS (a)MVR system vehicle installations should be based on officer safety requirements and vehicle and device manufacturer recommendations. (b)The MVR system should be configured to minimally record for 30 seconds prior to an event. (c)The MVR system may not be configured to record audio data occurring prior to activation. (d)To prevent bleed-over and/or noise from other MVRs in systems using low band transmitters (analog) only the primary LEO initiating the contact shall activate his/her audio recorder. (e)LEOs using digital transmitters that are individually synchronized to their individual MVR shall activate both audio and video recordings when responding in a support capacity in order to obtain additional perspectives of the incident scene. (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 audio data. (g)LEOs shall not erase, alter, reuse, modify or tamper with MVR recordings. Only a supervisor, MVR technician or other approved designee may erase and reissue previously recorded recordings and may only do so pursuant to the provisions of this policy. (h)To prevent damage original recordings shall not be viewed on any equipment other than the equipment issued or authorized by the MVR technician. 421.9 MVR TECHNICIAN RESPONSIBILITIES The MVR technician is responsible for: (a)Ordering, issuing, retrieving, storing, erasing and duplicating of all recorded media. Golden Valley Police Department Policy Manual Mobile Video Recorders Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Mobile Video Recorders - 323 (b)Collecting all completed media for oversight and verification of wireless downloaded media. Once collected the MVR technician: 1.Ensures it is stored in a secured location with authorized controlled access. 2.Makes appropriate entries in the chain of custody log. (c)Erasing of media: 1.Pursuant to a court order. 2.In accordance with established records retention policies, including reissuing all other media deemed to be of no evidentiary value. (d)Assigning all media an identification number prior to issuance to the field. 1.Maintaining a record of issued media. (e)Ensuring that an adequate supply of recording media is available. (f)Managing the long-term storage of media that has been deemed to be of evidentiary value in accordance with the department evidence storage protocols and the records retention schedule. 421.10 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. 421.11 SYSTEM MANAGEMENT The Information Technology (IT) department shall support the police department MVR systems by providing technical oversight, including installation, configuration, and maintenance of MVR hardware and software, ensuring systems operate reliably and in alignment with departmental standards. The IT department shall collaborate with the designated MVR Technician to manage recorded media, including secure storage, retrieval, and adherence to records retention policies. IT may assist in supporting the wireless download functionality, verifying media integrity, and chain of custody documentation to preserve evidentiary value. Additionally, IT shall provide technical expertise to address system issues, support compliance with operational standards, and facilitate training to ensure users and supervisors can effectively operate MVR systems. IT staff with access shall adhere to chain-of-custody requirements and complete training in data security and privacy standards to ensure compliance with applicable laws. Policy 422 Golden Valley Police Department Policy Manual Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Mobile Digital Computer Use - 324 Mobile Digital Computer Use 422.1 PURPOSE AND SCOPE The purpose of this policy is to establish guidelines for the proper access, use and application of the Mobile Digital Computer (MDC) system in order to ensure appropriate access to confidential records from local, state and national law enforcement databases, and to ensure effective electronic communications between department members and Dispatch. 422.2 POLICY Golden Valley Police Department members using the MDC shall comply with all appropriate federal and state rules and regulations and shall use the MDC in a professional manner, in accordance with this policy. 422.3 PRIVACY EXPECTATION Members forfeit any expectation of privacy with regard to messages accessed, transmitted, received or reviewed on any department technology system (see the Information Technology Use Policy for additional guidance). 422.4 RESTRICTED ACCESS AND USE MDC use is subject to the Information Technology Use and Protected Information policies. Members shall not access the MDC system if they have not received prior authorization and the required training. Members shall immediately report unauthorized access or use of the MDC by another member to their supervisors or Shift Sergeants. Use of the MDC system to access law enforcement databases or transmit messages is restricted to official activities, business-related tasks and communications that are directly related to the business, administration or practices of the Department. In the event that a member has questions about sending a particular message or accessing a particular database, the member should seek prior approval from his/her supervisor. Sending derogatory, defamatory, obscene, disrespectful, sexually suggestive, harassing or any other inappropriate messages on the MDC system is prohibited and may result in discipline. It is a violation of this policy to transmit a message or access a law enforcement database under another member’s name or to use the password of another member to log in to the MDC system unless directed to do so by a supervisor. Members are required to log off the MDC or secure the MDC when it is unattended. This added security measure will minimize the potential for unauthorized access or misuse. 422.4.1 USE WHILE DRIVING Use of the MDC by the vehicle operator should be limited to times when the vehicle is stopped. Information that is required for immediate enforcement, investigative, tactical or safety needs should be transmitted over the radio. Golden Valley Police Department Policy Manual Mobile Digital Computer Use Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Mobile Digital Computer Use - 325 In no case shall an operator attempt to send or review lengthy messages while the vehicle is in motion. 422.5 DOCUMENTATION OF ACTIVITY Except as otherwise directed by the Shift Sergeant or other department-established protocol, all calls for service assigned by a dispatcher should be communicated by voice over the police radio and electronically via the MDC unless security or confidentiality prevents such broadcasting. MDC and voice transmissions are used to document the member's daily activity. To ensure accuracy: (a)All contacts or activity shall be documented at the time of the contact. (b)Whenever the activity or contact is initiated by voice, it should be documented by a dispatcher. (c)Whenever the activity or contact is not initiated by voice, the member shall document it via the MDC. 422.5.1 STATUS CHANGES All changes in status (e.g., arrival at scene, meal periods, in service) will be transmitted over the police radio or through the MDC system. Members responding to in-progress calls should advise changes in status over the radio to assist other members responding to the same incident. Other changes in status can be made on the MDC while the vehicle is not in motion. 422.5.2 EMERGENCY ACTIVATION If there is an emergency activation and the member does not respond to a request for confirmation of the need for emergency assistance or confirms the need, available resources will be sent to assist in locating the member. If the location is known, the nearest available officer should respond in accordance with the Officer Response to Calls Policy. Members should ensure a field supervisor and the Shift Sergeant are notified of the incident without delay. Officers not responding to the emergency shall refrain from transmitting on the police radio until a no-further-assistance broadcast is made or if they are also handling an emergency. 422.6 EQUIPMENT CONSIDERATIONS 422.6.1 MALFUNCTIONING MDC Whenever possible, members will not use vehicles with malfunctioning MDCs. Whenever members must drive a vehicle in which the MDC is not working, they shall notify Dispatch. It shall be the responsibility of the dispatcher to document all information that will then be transmitted verbally over the police radio. Golden Valley Police Department Policy Manual Mobile Digital Computer Use Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Mobile Digital Computer Use - 326 422.6.2 BOMB CALLS When investigating reports of possible bombs, members should not communicate on their MDCs when in the evacuation area of a suspected explosive device. Radio frequency emitted by the MDC could cause some devices to detonate. 422.7 SYSTEM MAINTENANCE The Information Technology (IT) department shall support the police department MDC system by providing technical oversight, including installation, configuration, and functionality of MDC hardware and software, and by addressing technical issues promptly to minimize downtime. The IT department plays a key role in safeguarding sensitive data by implementing robust security measures to prevent unauthorized access and ensuring compliance with the Information Technology Use Policy and other applicable standards. IT shall supports MDC users by providing troubleshooting, and technical assistance to maintain operational effectiveness. IT shall oversee the secure connectivity between the MDC system and department databases, enabling seamless access to local, state, and national law enforcement information systems. IT staff with access shall adhere to chain-of-custody requirements and complete training in data security and privacy standards to ensure compliance with applicable laws. Policy 423 Golden Valley Police Department Policy Manual Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Public Recording of Law Enforcement Activity - 327 Public Recording of Law Enforcement Activity 423.1 PURPOSE AND SCOPE 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. 423.2 POLICY The Golden Valley 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, discourage, 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 discouraging or preventing someone from exercising the right to record members performing their official duties. For purposes of this section, the following actions shall be considered to constitute behavior that discourages lawful recording: verbally or physically conveying disapproval of lawful recording, for example, verbally communicating disapproval of the person recording in an agitated voice or otherwise, staring at the person recording with no clear purpose, repeatedly questioning the person about recording, or hovering around the person recording. 423.3 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: (a)Tampering with a witness or suspect. (b)Inciting others to violate the law. (c)Being so close to the activity as to present a clear safety hazard to the officers. (d)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, themselves or others. Golden Valley Police Department Policy Manual Public Recording of Law Enforcement Activity Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Public Recording of Law Enforcement Activity - 328 423.4 OFFICER RESPONSE Officers should promptly request that 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 recording device. Whenever practicable, officers or supervisors should give clear and concise advisement to individuals who are conducting themselves in a manner that would cause their recording or behavior to be unlawful. Accompanying the advisement 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 they 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. 423.5 SUPERVISOR RESPONSIBILITIES 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 that their behavior is unlawful. 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, including at a minimum how and where to file a complaint. 423.6 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. Golden Valley Police Department Policy Manual Public Recording of Law Enforcement Activity Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Public Recording of Law Enforcement Activity - 329 (c)The person consents. (a)To ensure that the consent is voluntary, the request should not be made in a threatening or coercive manner. (b)If the original recording is provided, a copy of the recording should be provided to the recording party, if whenever practicable. The recording party should be permitted to be present while the copy is being made, if whenever 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 Room Policy. Policy 424 Golden Valley Police Department Policy Manual Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Bicycle Patrol Unit - 330 Bicycle Patrol Unit 424.1 PURPOSE AND SCOPE The Golden Valley 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. 424.2 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. 424.3 SELECTION OF PERSONNEL Interested licensed personnel, who are off probation, shall submit a request to their appropriate Assistant Chief. 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. 424.3.1 BICYCLE PATROL UNIT SUPERVISOR The BPU supervisor will be selected by the Patrol Assistant Chief 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. Golden Valley Police Department Policy Manual Bicycle Patrol Unit Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Bicycle Patrol Unit - 331 (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. 424.4 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 Bicycle patrol officers will be required to qualify with their duty firearm while wearing bicycle safety equipment, including the helmet and riding gloves. 424.5 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. 424.6 CARE AND USE OF PATROL BICYCLES Officers will be assigned a specially marked and equipped patrol bicycle. 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. Every such bicycle shall be equipped with front and rear reflectors, front and rear lamps and a siren/horn. Lamps and reflectors must meet legal requirements. Golden Valley Police Department Policy Manual Bicycle Patrol Unit Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Bicycle Patrol Unit - 332 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. Each bicycle gear bag shall include a first aid kit, tire pump, repair tool, tire tube, security lock, equipment information and use manuals. These items are to remain with/on the bicycle at all times. Each bicycle shall be equipped with a steady or flashing blue warning light that is visible from the front, sides or rear of the bicycle. 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 their assigned equipment (e.g., tire pressure, chain lubrication, overall cleaning). If a needed repair is beyond the ability of the bicycle officer, a repair work order will be completed and forwarded to the program supervisor for repair by an approved technician. Each bicycle will have scheduled maintenance twice yearly, to be performed by a Department- approved repair shop/technician. At the end of a bicycle assignment, the bicycle shall be returned clean and ready for the next tour of duty. Electric patrol bicycle batteries shall be rotated on the assigned charger at the end of each tour of duty. During prolonged periods of non-use, each officer assigned an electric bicycle shall periodically rotate the batteries on the respective chargers to increase battery life. Officers shall not modify the patrol bicycle, remove, modify or add components except with the express approval of the bicycle supervisor or in the event of an emergency. 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. 424.7 OFFICER RESPONSIBILITIES 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. Policy 425 Golden Valley Police Department Policy Manual Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Foot Pursuits - 333 Foot Pursuits 425.1 PURPOSE AND SCOPE This policy provides guidelines to assist officers in making the decision to initiate or continue the pursuit of suspects on foot. 425.2 POLICY It is the policy of this department that officers, when deciding to initiate or continue a foot pursuit, must continuously balance the objective of apprehending the suspect with the risk and potential for injury to department members, the public or the suspect. Officers are expected to act reasonably, based on the totality of the circumstances. 425.3 DECISION TO PURSUE The safety of department members 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 members. 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. The decision to initiate or continue such a foot pursuit, however, must be continuously re-evaluated 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 or being legally wanted by law enforcement. 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 members 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 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 a foot pursuit based upon the circumstances and resources available, such as the following: (a)Containment of the area. (b)Saturation of the area with law enforcement personnel, including assistance from other agencies. (c)A canine search. Golden Valley Police Department Policy Manual Foot Pursuits Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Foot Pursuits - 334 (d)Thermal imaging or other sensing technology. (e)Air support. (f)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 foot pursuit. 425.4 GENERAL GUIDELINES When reasonably practicable, officers should consider alternatives to engaging in or continuing a foot pursuit when: (a)Directed by a supervisor to terminate the foot pursuit; such an order shall be considered mandatory. (b)The officer is acting alone. (c)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)The officeris pursuing multiple suspects and it is not reasonable to believe that the officer would be able to control the suspect should a confrontation occur. (f)The physical condition of the officers renders him/her incapable of controlling the suspect if apprehended. (g)The officer loses radio contact with Dispatch or with assisting or backup officers. (h)The suspect enters a building, structure, confined space, isolated area or dense or difficult terrain, and there are insufficient officers to provide backup and containment. The primary officer should consider discontinuing the foot pursuit and coordinating containment pending the arrival of sufficient resources. (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 foot pursuit, requiring immediate assistance, and there are no other emergency personnel available to render assistance. Golden Valley Police Department Policy Manual Foot Pursuits Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Foot Pursuits - 335 (m)The suspect’s location is no longer known. (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 environmental conditions. 425.5 RESPONSIBILITIES IN FOOT PURSUITS 425.5.1 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 not attempt to overtake and confront the suspect but 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)Location and direction of travel (b)Call sign identifier (c)Reason for the foot pursuit, such as the crime classification (d)Number of suspects and description, to include name if known (e)Whether the suspect is known or believed to be armed with a dangerous weapon 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 foot 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 foot pursuit termination (e.g., suspect in custody, lost sight of suspect), and will direct further actions as reasonably appear necessary, to include requesting medical aid as needed for officers, suspects or members of the public. Golden Valley Police Department Policy Manual Foot Pursuits Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Foot Pursuits - 336 425.5.2 ASSISTING OFFICER 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. 425.5.3 SUPERVISOR RESPONSIBILITIES 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, control 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 foot pursuit. The supervisor should continuously assess the situation in order to ensure the foot pursuit is conducted within established department guidelines. The supervisor shall 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. 425.5.4 DISPATCH RESPONSIBILITIES Upon notification or becoming aware that a foot pursuit is in progress, the dispatcher is responsible for: (a)Clearing the radio channel of non-emergency traffic. (b)Coordinating pursuit communications of the involved officers. (c)Broadcasting pursuit updates as well as other pertinent information as necessary. (d)Ensuring that a field supervisor is notified of the foot pursuit. (e)Notifying and coordinating with other involved or affected agencies as practicable. (f)Notifying the Shift Sergeant as soon as practicable. (g)Assigning an incident number and logging all pursuit activities. 425.6 REPORTING The initiating officer shall complete the appropriate crime/arrest reports documenting, at minimum: (a)Date and time of the foot pursuit. (b)Initial reason and circumstances surrounding the foot pursuit. (c)Course and approximate distance of the foot pursuit. (d)Alleged offenses. (e)Involved vehicles and officers. (f)Whether a suspect was apprehended as well as the means and methods used. Golden Valley Police Department Policy Manual Foot Pursuits Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Foot Pursuits - 337 1.Any use of force shall be reported and documented in compliance with the Use of Force Policy. (g)Arrestee information, if applicable. (h)Any injuries and/or medical treatment. (i)Any property or equipment damage. (j)Name of the supervisor at the scene or who handled the incident. Assisting officers taking an active role in the apprehension of the suspect shall complete supplemental reports as necessary or as directed. The supervisor reviewing the report will make a preliminary determination that the pursuit appears to be in compliance with this policy or that additional review and/or follow-up is warranted. 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 formal report. Policy 426 Golden Valley Police Department Policy Manual Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Automated License Plate Readers (ALPR) - 338 Automated License Plate Readers (ALPR) 426.1 PURPOSE AND SCOPE 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 POLICY The policy of the Golden Valley 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. 426.3 ADMINISTRATION The ALPR technology, also known as License Plate Recognition (LPR), allows for the automated detection of license plates. It is used by the Golden Valley Police Department to convert data associated with vehicle license plates for official law enforcement purposes, including identifying stolen vehicles or vehicles involved in a criminal investigation, stolen license plates and missing endangered persons. It may also be used to gather information related to criminal activity, active warrants, criminal homeland security matters, suspected persons 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 Assistant Chief of Operations pursuant to the City's Data Practices Policies and Data Retention Schedule. The Assistant Chief of Operations will assign members under their command to administer the day-to-day operation of the ALPR equipment and data. 426.4 OPERATIONS Use of an ALPR is restricted to the purposes outlined below. Department members shall not use, or allow others to use, the equipment or database records for any unauthorized purpose. (a)An ALPR shall only be used for official law enforcement business. (b)An ALPR may be used in conjunction with any routine patrol operation or criminal investigation. Reasonable suspicion or probable cause is not necessary before using an ALPR. (c)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. (d)No member of this department shall operate ALPR equipment or access ALPR data without first completing department-approved training. Golden Valley Police Department Policy Manual Automated License Plate Readers (ALPR) Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Automated License Plate Readers (ALPR) - 339 (e)No ALPR operator may access confidential department, state or federal data unless authorized to do so. (f)When an officer receives a "hit" on the ALPR, the system will alert the officer visually and audibly to the match. The officer must then acknowledge the "hit", and verify the "hit" is current by running the information through the state real-time data system prior to taking enforcement action. (g)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. 426.4.1 RESTRICTIONS, NOTIFICATIONS AND AUDITS The ALPR shall only be used as follows (Minn. Stat. § 13.824): (a)Data collected by an ALPR will be limited to: (a)License plate numbers. (b)Date, time and location of data captured. (c)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. 426.5 DATA COLLECTION AND RETENTION The Assistant Chief of Operations 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 60 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. Golden Valley Police Department Policy Manual Automated License Plate Readers (ALPR) Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Automated License Plate Readers (ALPR) - 340 All other ALPR data should be retained in accordance with the established records retention schedule. 426.5.1 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. (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. 426.6 ACCOUNTABILITY All saved data will be closely safeguarded and protected by both procedural and technological means. The Golden Valley 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. Golden Valley Police Department Policy Manual Automated License Plate Readers (ALPR) Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Automated License Plate Readers (ALPR) - 341 (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). 426.7 RELEASING ALPR DATA 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 Administrative Support Assistant Chief 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. 426.8 SYSTEM MAINTENANCE The Information Technology (IT) department shall support the police department ALPR system by providing technical oversight, including installation, configuration, and maintenance of ALPR equipment, ensuring all components function efficiently and align with department standards. In collaboration with the Police Chief or their designee, IT shall implement and monitor robust security measures to safeguard ALPR data, including managing access controls, audit trails, and secure data transfers to designated storage systems. In collaboration with the City's Responsible Authority and the department's Data Designee, IT shall support compliance with data retention policies by facilitating the timely deletion of non-relevant data and ensuring the secure storage of data required for ongoing investigations. IT shall provide technical expertise for conducting audits and generating reports to meet legal and departmental requirements. IT staff with access shall adhere to chain-of-custody requirements and complete training in data security and privacy standards to ensure compliance with applicable laws. Policy 427 Golden Valley Police Department Policy Manual Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Persons Experiencing Homelessness - 342 Persons Experiencing Homelessness 427.1 PURPOSE AND SCOPE The purpose of this policy is to ensure that personnel understand the needs and rights of persons experiencing homelessness and to establish procedures to guide officers during all contacts with those persons, whether consensual or for enforcement purposes. The Golden Valley Police Department recognizes that persons experiencing homelessness are often in need of special protection and services. The Golden Valley Police Department will address these needs in balance with the overall missions of this department. Therefore, officers will consider the following policy when serving those individuals. 427.2 POLICY It is the policy of the Golden Valley Police Department to provide law enforcement services to all members of the community while protecting the rights, dignity and private property of persons experiencing homelessness. Homelessness is not a crime and members of this department will not use homelessness solely as a basis for detention or law enforcement action. 427.3 HOMELESS COMMUNITY LIAISON The Chief of Police will designate a member of this department to act as the Homeless Liaison Officer. The responsibilities of the Homeless Liaison Officer include the following: (a)Maintain and make available to all Department employees a list of assistance programs and other resources that are available to persons experiencing homelessness. (b)Meet with social services and representatives of other organizations that render assistance to persons experiencing homelessness. (c)Maintain a list of those areas within and near this jurisdiction that are used as frequent homeless encampments. (d)Remain abreast of laws dealing with the removal and/or destruction of the personal property of persons experiencing homelessness. This will include the following: 1.Proper posting of notices of trespass and clean-up operations. 2.Proper retention of property after clean up, to include procedures for owners to reclaim their property in accordance with the Property Procedures Policy and other established procedures. (e)Be present during any clean-up operation conducted by this department involving the removal of personal property of persons experiencing homelessness to ensure the rights of those persons are not violated. (f)Develop training to assist officers in understanding current legal and social issues relating to persons experiencing homelessness. Golden Valley Police Department Policy Manual Persons Experiencing Homelessness Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Persons Experiencing Homelessness - 343 427.4 FIELD CONTACTS Officers are encouraged to contact persons experiencing homelessness 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 person experiencing homelessness 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 persons experiencing homelessness, such as shelter referrals and counseling in lieu of physical arrest. Officers should provide persons experiencing homelessness with resource and assistance information whenever it is reasonably apparent such services may be appropriate. 427.4.1 OTHER CONSIDERATIONS Persons experiencing homelessness will receive the same level and quality of service provided to other members of our community. The fact that a victim or witness is experiencing homelessness can, however, require special considerations for a successful investigation and prosecution. Officers should consider the following when handling investigations involving victims, witnesses or suspects experiencing homelessness: (a)Documenting alternate contact information. This may include obtaining addresses and telephone numbers of relatives and friends. (b)Document places the person experiencing homelessness may frequent. (c)Provide victims experiencing homelessness with victim/witness resources when appropriate. (d)Obtain statements from all available witnesses in the event a victim experiencing homelessness is unavailable for a court appearance. (e)Consider whether the person may be a dependent adult or elder and if so proceed in accordance with the Adult Abuse Policy. (f)Arrange for transportation for investigation-related matters, such as medical exams and court appearances. (g)Consider whether a crime should be reported and submitted for prosecution even when a victim experiencing homelessmess indicates he/she does not desire prosecution. 427.5 PERSONAL PROPERTY The personal property of persons experiencing homelessness 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 persons experiencing homelessness and should not destroy or discard the personal property of a person experiencing homelessness. When a person experiencing homelessness 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 Golden Valley Police Department Policy Manual Persons Experiencing Homelessness Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Persons Experiencing Homelessness - 344 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 persons experiencing homelessness without the prior authorization of a supervisor or the Department Homeless Liaison Officer. When practicable, requests by the public for clean-up operations of a homeless encampment should be referred to the Homeless Liaison Officer. Officers who encounter unattended encampments, bedding or other personal property in public areas that reasonably appears to belong to persons experiencing homelessness should not remove or destroy such property and should inform the Department Homeless Liaison Officer if such property appears to involve a trespass, blight to the community or is the subject of a complaint. It will be the responsibility of the Homeless Liaison Officer to address the matter in a timely fashion. 427.6 MENTAL ILLNESSES AND MENTAL IMPAIRMENTS Some homeless persons may suffer from a mental illness or a mental impairment. Officers shall not detain a person experiencing homelessness under a 72-hour emergency medical hold unless facts and circumstances warrant such a detention. 427.7 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. Whenever the department conducts activity related to the presence of persons experiencing homelessness in City parks or at Brookview Community Center, the shift Sergeant shall notify the 24-hour Public Works phone number and the Parks and Recreation Director.. Policy 428 Golden Valley Police Department Policy Manual Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Criminal Conduct on School Buses - 345 Criminal Conduct on School Buses 428.1 PURPOSE AND SCOPE 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 offer guidance on how to respond to addled criminal conduct on school buses in a way that prioritizes balancing the safety of community, environment, and officers. 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 refers to criminal conduct and it 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 Golden Valley Police Department shall work with and consult with school officials, transportation personnel, parents and students to respond to alleged incidents of criminal conduct on school buses 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. Policy 429 Golden Valley Police Department Policy Manual Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Suspicious Activity Reporting - 346 Suspicious Activity Reporting 429.1 PURPOSE AND SCOPE This policy provides guidelines for reporting and investigating suspicious and criminal activity. 429.1.1 DEFINITIONS Definitions related to this policy include: Involved party - An individual who has been observed engaging in suspicious activity, as defined in this policy, when no definitive criminal activity can be identified, thus precluding the person's identification as a suspect. Suspicious activity - Any reported or observed activity that a member reasonably believes may have a nexus to any criminal act or attempted criminal act, or to foreign or domestic terrorism. Actual or perceived characteristics such as race, ethnicity, national origin, religion, sex, sexual orientation, gender identity or expression, economic status, age, cultural group, or disability should not be considered as factors that create suspicion (although these factors may be used as specific suspect descriptions). Examples of suspicious activity may include but are not limited to: •Suspected pre-operational surveillance or intelligence gathering (e.g., photographing security features, asking questions about sensitive security-related subjects). •Tests of security measures and response to incidents (e.g., "dry run," creating false alarms, attempts to enter secure areas without authorization). •Suspicious purchases (e.g., purchasing large quantities of otherwise legal items, such as fertilizer, that could be used to create an explosive or other dangerous device). •An individual in possession of such things as a hoax explosive or dispersal device, sensitive materials (e.g., passwords, access codes, classified government information), or coded or ciphered literature or correspondence. Report - An incident report may be used to document suspicious activity. 429.2 POLICY The Golden Valley Police Department recognizes the need to protect the public from criminal conduct and acts of terrorism and shall lawfully collect, maintain and disseminate information regarding suspicious activities, while safeguarding civil liberties and privacy protections. 429.3 RESPONSIBILITIES The appropriate Investigation Assistant Chief and authorized designees will manage suspicious activities. Authorized designees should include supervisors who are responsible for department participation in criminal intelligence systems as outlined in the Criminal Organizations Policy. The responsibilities of the Investigation Assistant Chief include, but are not limited to: (a)Remaining familiar with those databases available to the Department that would facilitate the purpose of this policy. Golden Valley Police Department Policy Manual Suspicious Activity Reporting Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Suspicious Activity Reporting - 347 (b)Maintaining adequate training in the area of intelligence gathering to ensure no information is being maintained that would violate the law or civil rights of any individual. (c)Ensuring a process is available that would allow members to report relevant information. The process should be designed to promote efficient and quick reporting, and should not be cumbersome, duplicative or complicated. (d)Ensuring that members are made aware of the purpose and value of documenting information regarding suspicious activity, as well as the databases and other information resources that are available to the Department. (e)Ensuring that suspicious information is appropriately disseminated to members in accordance with their job responsibilities. (f)Coordinating investigative follow-up, if appropriate. (g)Coordinating with any appropriate agency or fusion center. (h)Ensuring that, as resources are available, the Department conducts outreach that is designed to encourage members of the community to report suspicious activity and that outlines what they should look for and how they should report it (e.g., website, public service announcements). 429.4 REPORTING AND INVESTIGATION Any department member receiving information regarding suspicious activity should take any necessary immediate and appropriate action, including a request for tactical response or immediate notification of specialized entities, when applicable. Any non-sworn member who receives such information should ensure that it is passed on to an officer in a timely manner. If the suspicious activity is not directly related to a reportable crime, the member should prepare an incident report and include information about involved parties and the circumstances of the incident. If, during any investigation, an officer becomes aware of suspicious activity that is unrelated to the current investigation, the information should be documented separately in a reportand not included in the original incident report. The report number of the original incident should be includedas a cross reference. Policy 430 Golden Valley Police Department Policy Manual Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Medical Aid and Response - 348 Medical Aid and Response 430.1 PURPOSE AND SCOPE This policy recognizes that members often encounter persons in need of medical aid and establishes a law enforcement response to such situations. 430.2 POLICY It is the policy of the Golden Valley Police Department that all patrol officers and other designated members be trained to provide emergency medical aid and to facilitate an emergency medical response. 430.3 FIRST RESPONDING MEMBER RESPONSIBILITIES Whenever practicable, members should take appropriate steps to provide initial medical aid (e.g., first aid, CPR, use of an automated external defibrillator (AED)) in accordance with their training and current certification levels. This should be done for those in need of immediate care and only when the member can safely do so. The member should contact Dispatch and request response by Emergency Medical Services (EMS) as the member deems appropriate. Members should follow universal precautions when providing medical aid, such as wearing gloves and avoiding contact with bodily fluids, consistent with the Communicable Diseases Policy. Members should use a barrier or bag device to perform rescue breathing. When requesting EMS, the member should provide Dispatch with information for relay to EMS personnel in order to enable an appropriate response, including: (a)The location where EMS is needed. (b)The nature of the incident. (c)Any known scene hazards. (d)Information on the person in need of EMS, such as: 1.Signs and symptoms as observed by the member. 2.Changes in apparent condition. 3.Number of patients, sex, and age, if known. 4.Whether the person is conscious, breathing, and alert, or is believed to have consumed drugs or alcohol. 5.Whether the person is showing signs of extreme agitation or is engaging in violent irrational behavior accompanied by profuse sweating, extraordinary strength beyond their physical characteristics, and imperviousness to pain. Members should stabilize the scene whenever practicable while awaiting the arrival of EMS. Members should not direct EMS personnel whether to transport the person for treatment. Golden Valley Police Department Policy Manual Medical Aid and Response Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Medical Aid and Response - 349 430.4 TRANSPORTING ILL AND INJURED PERSONS Except in extraordinary cases where alternatives are not reasonably available, members should not transport persons who are unconscious, who have serious injuries or who may be seriously ill. EMS personnel should be called to handle patient transportation. Officers should search any person who is in custody before releasing that person to EMS for transport. An officer should accompany any person in custody during transport in an ambulance when requested by EMS personnel, when it reasonably appears necessary to provide security, when it is necessary for investigative purposes or when so directed by a supervisor or requested by EMS personnel. Members should not provide emergency escort for medical transport or civilian vehicles except in dire, articulable circumstances. 430.5 PERSONS REFUSING EMS CARE If a person who is not in custody refuses EMS care or refuses to be transported to a medical facility, an officer shall not force that person to receive care or be transported. However, members may assist EMS personnel when EMS personnel determine the person lacks mental capacity to understand the consequences of refusing medical care or to make an informed decision and the lack of immediate medical attention may result in serious bodily injury or the death of the person. In cases where mental illness may be a factor, the officer should consider proceeding with a 72- hour hold in accordance with the Civil Commitments Policy. If an officer believes that a person who is in custody requires EMS care and the person refuses, he/she should encourage the person to receive medical treatment. The officer may also consider contacting a family member to help persuade the person to agree to treatment or who may be able to authorize treatment for the person. If the person who is in custody still refuses, the officer will require the person to be transported to the nearest medical facility. In such cases, the officer should consult with a supervisor prior to the transport. Members shall not sign refusal-for-treatment forms or forms accepting financial responsibility for treatment. 430.6 SICK OR INJURED ARRESTEE If an arrestee appears ill or injured, or claims illness or injury, he/she should be medically cleared prior to booking. If the officer has reason to believe the arrestee is feigning injury or illness, the officer shall, receive medical clearance from a medical professional either at booking, via EMS, or a health care facilitywho will determine medical clearance prior to booking. Golden Valley Police Department Policy Manual Medical Aid and Response Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Medical Aid and Response - 350 If the jail or detention facility refuses to accept custody of an arrestee based on medical screening, the officer should note the name of the facility person refusing to accept custody and the reason for refusal, notify a supervisor, and transport the arrestee to a medical facility for treatment/clearance. Arrestees who appear to have a serious medical issue should be transported by ambulance, the arrestee shall remain in police custody until no longer appropriate. Officers shall notify a supervisor of the transport Nothing in this section should delay an officer from requesting EMS when an arrestee appears or claims to be exhibiting symptoms that could be life threatening, including breathing problems or an altered level of consciousness, or is claiming an illness or injury that reasonably warrants an EMS response. 430.7 MEDICAL ATTENTION RELATED TO USE OF FORCE Specific guidelines for medical attention for injuries sustained from a use of force may be found in the Use of Force, Handcuffing and Restraints, Control Devices and Conducted Energy Device policies. 430.8 AUTOMATED EXTERNAL DEFIBRILLATOR (AED) USE 430.8.1 AED USER RESPONSIBILITY Members who are issued AEDs for use in department vehicles should check the AED at the beginning of the shift to ensure it is properly charged and functioning. Any AED that is not functioning properly will be taken out of service and given to the on duty supervisor who will advise the Training Coordinator who is responsible for ensuring appropriate maintenance. Following use of an AED, the device shall be cleaned and/or decontaminated as required. The electrodes and/or pads will be replaced as recommended by the AED manufacturer. Any member who uses an AED should contact Dispatch as soon as possible and request response by EMS. 430.8.2 AED REPORTING Any member using an AED will complete an incident report detailing its use. 430.8.3 AED TRAINING AND MAINTENANCE The Training Coordinator should ensure appropriate training is provided to members authorized to use an AED. The Training Coordinator is responsible for ensuring AED devices are appropriately maintained and will retain records of all maintenance in accordance with the established records retention schedule. 430.9 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 (Minn. Stat. § 626.8443). Officers Golden Valley Police Department Policy Manual Medical Aid and Response Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Medical Aid and Response - 351 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). 430.9.1 OPIOID OVERDOSE MEDICATION USER RESPONSIBILITIES Officers who are qualified to administer opioid overdose medication, such as naloxone, should handle, store and administer the medication consistent with their training. Officers should 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 and given to the Training Coordinator. 430.9.2 OPIOID OVERDOSE MEDICATION REPORTING Any officer administering opioid overdose medication should detail its use in an appropriate report. 430.9.3 OPIOID OVERDOSE MEDICATION TRAINING The Training Coordinator should ensure training is provided to officers authorized to administer opioid overdose medication (Minn. Stat. § 151.37; Minn. Stat. § 626.8443). 430.9.4 OPIOID OVERDOSE MEDICATION SUPPLY The Chief of Police or the authorized designee shall ensure there is a sufficient supply of opioid overdose medication available for use. Trained officers shall carry at least two unexpired doses of opioid overdose medication while on- duty (Minn. Stat. § 626.8443). 430.10 ADMINISTRATION OF EPHINEPHRINE The department may obtain epinephrine auto-injectors from licensed pharmacies to be administered by trained members in accordance with Minn. Stat. § 144.999. 430.10.1 EPINEPHRINE USER RESPONSIBILITIES Members who are qualified to administer epinephrine should handle, store, and administer the medication consistent with their training. Members should 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 and given to the Training Coordinator. Any member who administers epinephrine should contact Dispatch as soon as possible and request response by EMS. 430.10.2 EPINEPHRINE REPORTING Any member administering epinephrine should detail its use in an appropriate report. 430.10.3 EPINEPHRINE TRAINING The Training Coordinator should ensure that training is provided to members authorized to administer epinephrine. Golden Valley Police Department Policy Manual Medical Aid and Response Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Medical Aid and Response - 352 Training shall be conducted by an authorized provider and be completed every two years (Minn. Stat. § 144.999). 430.11 FIRST AID TRAINING Subject to available resources, the Training Coordinator should ensure officers receive periodic first aid training appropriate for their position. Policy 431 Golden Valley Police Department Policy Manual Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Crisis Intervention Incidents - 353 Crisis Intervention Incidents 431.1 PURPOSE AND SCOPE 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. 431.1.1 DEFINITIONS Definitions related to this policy include: 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. Mental health crisis - A behavioral, emotional, or psychiatric situation that, without the provision of crisis response services, would likely result in significantly reducing the recipient's levels of functioning in primary activities, in an emergency situation, or in the placement of the recipient in a more restrictive setting, including but not limited to inpatient hospitalization. (Minn. Stat. § 256B.0624, subd. 2(j)) Mental health data - Data on individual clients and patients of community mental health centers, mental health divisions of counties and other providers under contract ot deliver mental health services, or the ombudsman for mental health and developmental disabilities. (Minn. Stat. § 13.46, subd. 1(d)). 431.2 POLICY The Golden Valley 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 to develop an overall intervention strategy to guide its members' interactions with those experiencing a mental health crisis. This is to ensure equitable and safe treatment of all involved. 431.3 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 Golden Valley Police Department Policy Manual Crisis Intervention Incidents Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Crisis Intervention Incidents - 354 (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. 431.4 COORDINATION WITH MENTAL HEALTH PROFESSIONALS The Chief of Police should designate an appropriate Assistant Chief to collaborate with mental health professionals to develop an education and response protocol. It should include a list of community resources to guide department interaction with those who may be suffering from mental illness or who appear to be in a mental health crisis. 431.4.1 OBTAINING MENTAL HEALTH INFORMATION The Chief of Police should designate a member of the Department to develop access procedures, retention guidelines, data security safeguards, notification procedures, and any other applicable standards for obtained mental health information (Minn. Stat. § 626.8477). Officers may seek information from a mental health professional during a crisis situation pursuant to department procedures. When information is requested, officers should provide an explanation why disclosure of mental health information is necessary to protect the health or safety of the individual in crisis or of another person (Minn. Stat. § 13.46; Minn. Stat. § 144.294). Information obtained from mental health professionals in crisis incidents should generally be limited to that necessary to safely respond. Officers obtaining mental health information to address crisis incidents should document the following in the associated reports (Minn. Stat. § 13.46; Minn. Stat. § 144.294): (a)The name of the officer who requested the information (b)The name of the health professional who provided the information (c)The name of the individual experiencing the crisis Mental health information obtained in these circumstances shall not be used for any purpose beyond addressing the crisis. The subject of the information should be advised of the information obtained (Minn. Stat. § 13.46; Minn. Stat. § 144.294). 431.5 FIRST RESPONDERS The safety of the community, the officers, and the environment is a priority for first responders. It is important to recognize that individuals under the influence of alcohol, drugs or both may exhibit Golden Valley Police Department Policy Manual Crisis Intervention Incidents Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Crisis Intervention Incidents - 355 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 crisis or experiencing a mental health crisis, 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, as warranted. (j)Evaluate any available information that might assist in determining cause or motivation for the person's actions or stated intentions. (k)If circumstances reasonably permit, consider and employ alternatives to force. 431.6 DE-ESCALATION Officers should consider that taking no action or passively monitoring the situation may be the most reasonable response to a person experiencing 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. Golden Valley Police Department Policy Manual Crisis Intervention Incidents Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Crisis Intervention Incidents - 356 •Moderate the level of direct eye contact. •Remove distractions or disruptive people from the area. •Demonstrate active listening skills (e.g., summarize the person's verbal communication). •Provide for sufficient avenues of retreat or escape should the situation become volatile. Responding officers generally should not: •Use stances or tactics that can be interpreted as aggressive. •Allow others to interrupt or engage the person. •Corner a person who is not believed to be armed, violent or suicidal. •Argue, speak with a raised voice or use threats to obtain compliance. 431.7 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. This includes: (a)Whether the person relies on drugs or medication, or may have failed to take his/her medication. (b)Whether there have been prior incidents, suicide threats/attempts, and whether there has been previous police response. (c)Contact information for a treating physician or mental health professional. Additional resources and a supervisor should be requested as warranted. 431.8 SUPERVISOR RESPONSIBILITIES A supervisor should respond to the scene of any interaction with a person in crisis or experiencing a mental health crisis. 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)Consider strategic disengagement. Absent an imminent threat to the public and, as circumstances dictate, this may include removing or reducing law enforcement resources or engaging in passive monitoring. (d)Ensure that all reports are completed and that incident documentation uses appropriate terminology and language. (e)Conduct an after-action tactical and operational debriefing, and prepare an after-action evaluation of the incident to be forwarded to the Assistant Chief. Golden Valley Police Department Policy Manual Crisis Intervention Incidents Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Crisis Intervention Incidents - 357 (f)Evaluate whether a critical incident stress management debriefing for involved members is warranted. 431.9 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 or experiencing a mental health crisis shall 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. Health care records obtained under this policy are private data on individuals. Members shall comply with all applicable data privacy laws regarding the treatment of police data, medical data and mental health data. (Minn. Stat. § § 13.82, 13.46, 144.29) 431.9.1 DIVERSION Individuals who are not being arrested should be processed in accordance with the Civil Commitments Policy, if applicable. 431.10 NON-SWORN INTERACTION WITH PEOPLE IN CRISIS Non-sworn members may be required to interact with persons in crisis or experiencing a mental health crisis in an administrative capacity, such as dispatching, 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 may be harmful to him/herself or others, an officer should be promptly summoned to provide assistance. 431.11 EVALUATION The Assistant Chief designated to coordinate the crisis intervention strategy for this department should ensure that a thorough review and analysis of the department response to these incidents is conducted annually. The report will not include identifying information pertaining to any involved individuals, officers or incidents and will be submitted to the Chief of Police through the chain of command. Golden Valley Police Department Policy Manual Crisis Intervention Incidents Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Crisis Intervention Incidents - 358 431.12 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 and people experiencing a mental health crisis. Additionally, the Training Coordinator will provide officers, including part-time officers, with in- service training in crisis intervention and mental illness crisis as required by Minn. Stat. § 626.8469 and Minn. Stat. § 626.8474. Policy 432 Golden Valley Police Department Policy Manual Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***First Amendment Assemblies - 359 First Amendment Assemblies 432.1 PURPOSE AND SCOPE This policy provides guidance for responding to public assemblies or demonstrations. 432.2 POLICY The Golden Valley Police Department will uphold the constitutional rights of free speech and assembly while using the minimum use of physical force and authority required to address a crowds management or crowd control issue. The policy of this department regarding crowd control is to apply the appropriate level of direction and control to maintain public peace and order during a public assembly or First Amendment activity. Department personnel must not unreasonably interfere with, harass, intimidate or discriminate against persons engaged in the lawful exercise of their rights. while also This policy concerning crowd management, crowd control, crowd dispersal, and police responses to violence and disorder applies to spontaneous demonstrations, crowd event situations, and planned demonstration or crowd events regardless of the permit status of the event. This policy should be reviewed annually and follow Minnesota POST guidelines. 432.3 GENERAL CONSIDERATIONS Individuals or groups present in a public forum, such as public property, parks, 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 materials. 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 never 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 maintain peace and order. Officers should not: (a)Engage in assembly or demonstration-related discussion with participants. Golden Valley Police Department Policy Manual First Amendment Assemblies Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***First Amendment Assemblies - 360 (b)Engage in negative verbal engagement with members of the crowd. Verbal abuse against officers does not constitute a reason for an arrest or for any use of force against such individuals. (c)Harass, confront or intimidate participants. (d)Take action or fail to take action based on the opinions being expressed (e)Interfere with the rights of members of the public to observe and document police conduct via video, photographs, or other methods unless doing sdo interferes with on- going police activity. See media policy. (f)Seize the cameras, cell phones or materials of participants or observers unless an officer is placing a person under lawful arrest. (g)Use a weapon or munition unless the officer has been trained in the use and qualified in deployment of the weapon/munition. [Officers_Deputies] should: (a)maintain a professional demeanor and remain neutral in word and deed despite unlawful, discourteous, or anti-social behavior on the part of crowd member. (b)at all times, including when wearing protective gear, display their agency name and a unique personal identifier in compliance with this department's uniform policy. This policy does not preclude officers from taking appropriate action to direct crowd and vehicular movement; enforce ordinances and statutes; and to maintain the safety of the crowd, the general public, law enforcement personnel, and emergency personnel. Supervisors should continually observe department members under their commands to ensure that members' interaction with participants and their response to crowd dynamics are within policy. 432.3.1 PHOTOGRAPHS AND VIDEO RECORDINGS BY THE DEPARTMENT The purpose of photographs and video recording of a public assembly or First Amendment activity by department must serve one of the following purposes: support of criminal prosecutions by documenting criminal acts; assistance in evaluating department performance; serving as training material; recording the use of dispersal orders; and facilitating a response to allegations of improper law enforcement conduct, citizen complaints, or legal challenges. Photographs and videos shall 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. If the department videotapes and photographs a public assembly or First Amendment activity, it must be done in a manner that minimizes interference with people lawfully participating in First Amendment activities. Videotaping and photographing of First Amendment activities must take place only when authorized by the on duty supervisor/incident commander. Golden Valley Police Department Policy Manual First Amendment Assemblies Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***First Amendment Assemblies - 361 Individuals should not be singled out for photographing or recording simply because they appear to be leaders, organizers, or speakers. Unless evidence of criminal activity is provided or for training purposes, videos or photographs of demonstrations shall not be disseminated to other government agencies, including federal, state, and local law enforcement agencies. If videos or photographs are disseminated or shared with another law enforcement agency, a record should be created and maintained noting the date and recipient of the information. If there are no pending criminal prosecutions arising from the demonstration or if the video recording or photographing are not relevant to an Internal Affairs or citizen complaint investigation or proceedings or to civil litigation arising from police conduct at the demonstration, the video recording and/or photographs shall be destroyed in accordance with department policies. This directive shall not prohibit department or other law enforcement agencies, under direction of members, from using these videos or footage from such videos as part of training materials for officers in crowd control and crowd dispersal tactics and procedures. 432.4 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 •Criminal activity Initial assessment information should be promptly communicated to Dispatch, and the assignment of a supervisor should be requested. Additional resources should be requested as appropriate. The on duty supervisor shall assume command of the incident until command is expressly assumed by another higher ranking or trained member, 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. 432.5 PLANNED EVENT PREPARATION For planned events, comprehensive, incident-specific operational plans should be developed. The ICS should be considered for such events. Golden Valley Police Department Policy Manual First Amendment Assemblies Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***First Amendment Assemblies - 362 432.5.1 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/criminal 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. 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 shall be obtained in a lawful manner and shall not be based solely on the purpose or content of the assembly or demonstration, or actual or perceived characteristics such as race, ethnicity, national origin, religion, sex, sexual orientation, gender identity or expression, economic status, age, cultural group, political affiliation, or disability of the participants (or any other characteristic that is unrelated to criminal conduct or the identification of a criminal subject). 432.5.2 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 planning team should communicate with City staff in other departments, such as GVFD and public works, as appropriate. 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.g., helmets, shields) 1.Uniforms must display the Department name and a unique personal identifier. 2.A protocol for keeping record of any officers on scene who are not in compliance with uniform requirements due to exigent circumstances. (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 Golden Valley Police Department Policy Manual First Amendment Assemblies Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***First Amendment Assemblies - 363 (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 (as defined by Minn. Stat. § 609.705) (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 (t)Parameters for the use of body-worn cameras and other portable recording devices 432.5.3 MUTUAL AID AND EXTERNAL RESOURCES The magnitude and anticipated duration of an event may necessitate interagency cooperation and coordination. The assigned Incident Commander or Command staff member should work with the City Attorney to ensure that any required memorandums of understanding or other agreements are properly executed, and that any anticipated mutual aid is requested and facilitated (see the Outside Agency Assistance Policy). 432.6 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 predictively to be jeopardized, the Incident Commander or the authorized designee should attempt to verbally persuade event organizers or participants to disperse of their own accord. Warnings and advisement may be communicated through established communications links with leaders 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, made from multiple locations in the affected area and documented by audio and video. A reasonable time to disperse should be allowed following a dispersal order Additionally, the dispersal order must include: (a)The name and rank of the person and the agency giving the order. Golden Valley Police Department Policy Manual First Amendment Assemblies Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***First Amendment Assemblies - 364 (b)A declaration that the assembly is unlawful and the reasons for the declaration. (c)Egress or escape routes that may be used (at least two when possible). (d)Specific consequences of failure to comply with the dispersal order. (e)The dispersal order shall be made (3) times 10 minutes apart prior to law enforcement action If, after a crowd disperses pursuant to a declaration of unlawful assembly and subsequently participants assemble at a different geographic location where the participants are engaged in non-violent and lawful First Amendment activity, such an assembly cannot be dispersed unless it has been determined that it is an unlawful assembly, and a new declaration of unlawful assembly has been made. 432.6.1 MINNESOTA POST GUIDELINES ON UNLAWFUL ASSEMBLY The definition of unlawful assembly has been set forth in Minnesota Statutes § 609.705. The mere failure to obtain a permit, such as a parade permit or sound permit, is not a sufficient basis to declare an unlawful assembly. The fact that some of the demonstrators or organizing groups have engaged in violent or unlawful acts on prior occasions or demonstrations is not grounds for declaring an assembly unlawful. Whenever possible, the unlawful behavior of a few participants must not result in the majority of peaceful protestors being deprived of their First Amendment rights, unless other participants or officers are threatened with dangerous circumstances. Unless emergency or dangerous circumstances prevent negotiation, crowd dispersal techniques must not be initiated until after attempts have been made through contacts with the police liaisons and demonstration or crowd event leaders to negotiate a resolution of the situation so that the unlawful activity will cease, and the First Amendment activity can continue. 432.7 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 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 shall 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 conducted energy 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 the Conducted Energy Device policies). Golden Valley Police Department Policy Manual First Amendment Assemblies Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***First Amendment Assemblies - 365 Force or control devices, including oleoresin capsaicin (OC), 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. 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. 432.8 ARRESTS The Golden Valley 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. (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 Citation Releases Policy). 432.9 MEDIA RELATIONS The Chief or their designee Public Information Officer should work with the Communications Department and City Manager on external communication related to assemblies. The department 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 Media Relations Policy). The media's rights with regard to First Amendment activity include: (a)The media have a First Amendment right to cover public activity, including the right to record video or film, livestream, photograph, or use other mediums. (b)The media must not be restricted to an identified area, and must be permitted to observe and must be permitted close enough access to view the crowd event and any Golden Valley Police Department Policy Manual First Amendment Assemblies Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***First Amendment Assemblies - 366 arrests. An onsite supervisor/incident commander may identify an area where media may choose to assemble. (c)Officers will not arrest members of the media unless they are physically obstructing lawful efforts to disperse the crowd, or efforts to arrest participants, or engaged in criminal activity. (d)The media must not be targeted for dispersal or enforcement action because of their media status. (e)Even after a dispersal order has been given, clearly identified media must be permitted to carry out their professional duties unless their presence would unduly interfere with the enforcement action. Legal observers, including unaffiliated self-identified legal observers and crowd monitors. Legal observer rights with regard to First Amendment activity include: (a)Legal observers do not have the same legal status as the media, and are subject to laws and orders similar to any other person or citizen. (b)Legal observers and crowd monitors must not be targeted for dispersal or enforcement action because of their status. (c)Legal observers and monitors must comply with all dispersal orders unless the on-site supervisor/incident commander chooses to allow such an individual legal observers and monitors to remain in an area after a dispersal order. 432.10 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 to their supervisors prior to returning to normal operational duties. 432.11 POST EVENT The Incident Commander should designate a member to assemble full documentation of the event, to include the following: (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) (h)Record of any unlawful assembly declarations Golden Valley Police Department Policy Manual First Amendment Assemblies Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***First Amendment Assemblies - 367 432.11.1 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: (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. 432.12 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. 432.13 ADDITIONAL INCIDENT COMMANDER RESPONSIBILITIES The Incident Commander is responsible for maintaining familiarity with the Minnesota model policy on Public Assembly and First Amendment Activity and incorporating additional protocols as appropriate for the department's preparedness in addressing: (a)Approved devices, tactics, and munitions. (b)Accessibility to the public assembly or demonstration by media representatives and other observers. (c)Additional documentation requirements, if any. See attachment: MN Public Assembly - First Amendment Rights Model Policy.pdf Policy 433 Golden Valley Police Department Policy Manual Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Civil Disputes - 368 Civil Disputes 433.1 PURPOSE AND SCOPE This policy provides members of the Golden Valley 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. 433.2 POLICY The Golden Valley 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. 433.3 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 and generally should contact a supervisor if it appears that peacekeeping efforts longer than 30 minutes are warranted. Golden Valley Police Department Policy Manual Civil Disputes Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Civil Disputes - 369 433.4 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 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 consult a supervisor prior to making any arrest. 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. 433.4.1 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. Officersshall 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. If the other party is not present at the location, the member will not allow entry into the location or the removal of property from the location. 433.5 VEHICLES AND PERSONAL PROPERTY Officers may be faced with disputes regarding possession or ownership of vehicles or other personal property. Officers may review documents provided by parties or available databases (e.g., vehicle registration), but should be aware that legal possession of vehicles or personal property can be complex. Generally, officers should not take any enforcement action unless a crime is apparent. The people and the vehicle or personal property involved should be identified and the incident documented. 433.6 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. Golden Valley Police Department Policy Manual Civil Disputes Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Civil Disputes - 370 Policy 434 Golden Valley Police Department Policy Manual Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Medical Cannabis - 371 Medical Cannabis 434.1 PURPOSE AND SCOPE The purpose of this policy is to provide members of this department with guidelines for investigating the possession, transportation, or use of medical cannabis under Minnesota's medical cannabis laws. 434.1.1 DEFINITIONS Definitions related to this policy include (Minn. Stat. § 152.22): 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, pill, or dried raw cannabis 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. 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 Office of Cannabis Management to assist a patient who is unable to self-administer medication or acquire medical cannabis from a distribution facility, and who is authorized to assist the patient with the use of medical cannabis. 434.2 POLICY It is the policy of the Golden Valley 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 Golden Valley 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. 434.3 INVESTIGATION Investigations involving the possession or use of cannabis generally fall into one of the following categories: Golden Valley Police Department Policy Manual Medical Cannabis Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Medical Cannabis - 372 (a)Investigations when no person makes a medicinal claim. (b)Investigations when a person claims to be a patient or caregiver. (c)Investigations when the person is otherwise authorized. 434.3.1 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 if the amount is greater than permitted for personal use under Minn. Stat. § 342.09. 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. 434.3.2 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). 434.3.3 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 or smokes medical cannabis on any form of public transportation, where the vapor or smoke 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. 434.3.4 INVESTIGATIONS INVOLVING OTHER AUTHORIZED INDIVIDUALS Any person falling into the following category shall not be arrested for the authorized possession of cannabis (Minn. Stat. § 342.515): (a)An otherwise authorized individual transporting cannabis plants or products between business facilities pursuant to state law. 434.4 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. Golden Valley Police Department Policy Manual Medical Cannabis Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Medical Cannabis - 373 434.5 PROPERTY AND EVIDENCE ROOM SUPERVISOR RESPONSIBILITIES The Property and Evidence 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 and Evidence 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. The Property and Evidence Room supervisor may not destroy medical cannabis except upon receipt of a court order. The Property and Evidence 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 Investigation Unit supervisor. 434.6 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). Policy 435 Golden Valley Police Department Policy Manual Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Body-Worn Cameras - 374 Body-Worn Cameras 435.1 PURPOSE AND SCOPE The purpose of this policy is to provide guidelines for the use of a body-worn camera (BWC) by members of this department and for the access, use, and retention of department BWC media (Minn. Stat. § 626.8473). The provisions of this policy, including notice, documentation, access, and retention, also apply to other portable audio/video recording or cellular devices used by members, where applicable. This policy does not apply to squad-based camera recording systems, undercover operations, wiretaps, or eavesdropping (concealed listening devices). 435.1.1 DEFINITIONS Definitions related to this policy include: Activate - To place a BWC in active mode (also called event mode). In active mode, the BWC records both video and audio. Adversarial - means a law enforcement encounter during which at least one person, whether an officer, community member or bystander, engages in conduct consisting of threatening, physical challenge, verbal abuse, or verbal or nonverbal intimidation. BWC media - The video, audio, and images captured by department BWCs and the associated metadata. BWC media systems - Any software, including web-based programs and mobile applications, used by the Department to upload/download, store, view, transfer, and otherwise maintain BWC media. Deactivate - To place a BWC in buffering mode (also called ready or pre-event mode). In buffering mode, the BWC records video (without audio) in short, predetermined intervals that are retained only temporarily. However, when a BWC is activated, the interval recorded immediately prior to activation is then stored as part of the BWC media. Deactivate does not mean powering off the BWC. Event - A general term referring to a set of circumstances that may, but does not necessarily, correlate directly to a single public safety incident. 435.2 POLICY It is the policy of the Department to use BWCs and BWC media for evidence collection and to accurately document events in a way that promotes member safety and department accountability and transparency while also protecting the privacy of members of the public. 435.3 OBJECTIVES The Golden Valley Police Department has adopted the use of the BWC to accomplish the following objectives: Golden Valley Police Department Policy Manual Body-Worn Cameras Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Body-Worn Cameras - 375 (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/presentation. (d)To preserve audio and visual information for use in current and future investigations. (e)To enhance the public trust by preserving factual representations of officer-citizen interactions in the form of audio-video recordings. (f)To assist with the defense of civil actions against law enforcement officers and the City of Golden Valley. (g)To assist with the training and evaluation of officers, provided that no recordings are shown for training purposes to officers not in the recording unless the Police Chief has determined that showing the video does not unreasonably infringe on the privacy of community members appearing in the recording. 435.4 RESPONSIBILITIES 435.4.1 BWC COORDINATOR RESPONSIBILITIES The Chief of Police or the data designee should delegate certain responsibilities to a BWC coordinator (Minn. Stat. § 13.825; Minn. Stat. § 626.8473). The responsibilities of the coordinator include: (a)Serving as a liaison between the Department and the BWC manufacturer/distributor and any third-party media storage vendor. (b)Developing inventory and documentation procedures for issuing and tracking BWC equipment, including properly marking BWCs as property of the Department, recording the date each BWC is placed into or taken out of service, and maintaining the following information: 1.The total number of devices owned or maintained by the Golden Valley Police Department 2.The daily record of the total number deployed and used by members and, if applicable, the precinct or district in which the devices were used 3.The total amount of recorded audio and video data collected by the BWC media systems and maintained by the Golden Valley Police Department (c)Assisting with troubleshooting and maintenance of BWC equipment and media systems and, when necessary, coordinating the repair or replacement of BWCs. 1.All equipment and system malfunctions and their resolutions should be documented, and maintenance and repair records should be maintained for all BWCs. (d)Managing BWC media systems so that: Golden Valley Police Department Policy Manual Body-Worn Cameras Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Body-Worn Cameras - 376 1.Access is limited to the minimum necessary authorized users and user privileges are restricted to those necessary for the member to conduct assigned department duties. 2.Security requirements, such as two-factor authentication and appropriate password parameters, are in place for user credentials. 3.Procedures include a process to obtain written authorization for access to non- public data by GVPD members and members of other governmental entities and agencies. (e)Configuring BWC media systems, or developing manual procedures, so that media is appropriately categorized and retained according to the event type tagged by members. (f)Retaining audit logs or records of all access, alteration, and deletion of BWC media and media systems, and conducting periodic audits to ensure compliance with applicable laws, regulations, and department policy. (g)Developing and updating BWC training for members who are assigned a BWC or given access to BWC media systems. (h)Coordinating with the community relations coordinator to (see the Community Relations Policy): 1.Provide the public with notice of the department's use of BWCs (e.g., posting on the department website or social media pages). 2.Gain insight into community expectations regarding BWC use. (i)Coordinating with the responsible authority to (see the Support Staff, Records Maintenance and Release, and Protected Information policies): 1.Determine and apply proper retention periods to BWC media (e.g., firearm discharges, certain use of force incidents, formal complaints). 2.Develop procedures for the appropriate release of BWC media. 3.Ensure procedures comply with the requirements of the Minnesota Government Data Practices Act and other applicable laws (Minn. Stat. § 13.01 et seq.). (j)Coordinating with the Property and Evidence Room to develop procedures for the transfer, storage, and backup of evidentiary BWC media (see the Property and Evidence Room Policy). (k)Preparing the biennial audit required by Minn. Stat. § 13.825, Subd. 9. (l)Notifying the Bureau of Criminal Apprehension (BCA) in a timely manner when new equipment is obtained by the Golden Valley Police Department that expands the type or scope of surveillance capabilities of the department's portable recorders. 435.4.2 MEMBER RESPONSIBILITIES Every member issued a BWC is responsible for its proper use, safekeeping, and maintenance. Golden Valley Police Department Policy Manual Body-Worn Cameras Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Body-Worn Cameras - 377 At the beginning of each shift or period of BWC use, the member should inspect their assigned BWC to confirm it is charged and in good working order. As part of the inspection, the member should perform a function test by activating the BWC and recording a brief video stating their name, identification number, assignment, and the date and time (Minn. Stat. § 13.825; Minn. Stat. § 626.8473). Members should wear their assigned BWC on their outermost garment positioned at or above the mid-line of the waist (Minn. Stat. § 626.8473). Members are responsible for ensuring there are no obstructions and that the BWC remains in a position suitable for recording. When a BWC is not in the physical possession of the member to which it is assigned, it should be placed on the charging dock and stored in a secure location. Members shall report any malfunction or damage to the BWC coordinator or on-duty supervisor as soon as practicable and, if possible, obtain a functioning BWC to use either temporarily while repairs are being made to the member's BWC or as a permanent replacement (Minn. Stat. § 626.8473). Whenever an officer fails to record an activity that is required to be recorded under this policy or captures only a part of the activity, the officer must document the circumstances and reasons for not recording in an incident report or CAD event (if no report is completed).Supervisors shall ensure BWC use is in compliance with this policy when reviewing reports and CAD data, and initiate any correction action deemed necessary. Members shall comply with this policy's provisions while performing law enforcement activities under the command and control of another law enforcement agency (Minn. Stat. § 626.8473). 435.4.3 SUPERVISOR RESPONSIBILITY Supervisors shall monitor for compliance with this policy. The unauthorized access to or disclosure of recorded data may constitute misconduct and subject individuals to disciplinary action and criminal penalties pursuant to Minn. Stat. § 13.09. The department will maintain the following records and documents relating to portable audio video recorder use, which are classified as public data: (a)The total number of recording devices owned or maintained by the agency; (b)A daily record of the total number of recording devices actually deployed and used by officers; (c)The total amount of recorded data collected and maintained; and (d)this policy, together with the Records Retention Schedule and City Data Practices policies. 435.5 BWC USE The following guidelines apply to the use of BWCs: (a)Only department-issued BWCs should be used without the express consent of the Chief of Police or the authorized designee (Minn. Stat. § 13.825). Golden Valley Police Department Policy Manual Body-Worn Cameras Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Body-Worn Cameras - 378 (b)BWCs should only be used by the member or members to whom it was issued unless otherwise authorized by a supervisor. (c)The use of department-issued BWCs shall be strictly limited to department-related activities. (d)Members shall not use BWCs or BWC media systems for which they have not received prior authorization and appropriate training. (e)Members shall immediately report unauthorized access or use of BWCs or BWC media systems by another member to their supervisor or the Chief of Police. 435.5.1 PROHIBITIONS BWCs should not be used to record: (a)Routine administrative activities of the Department that do not involve interactions with the public. Care should be taken to avoid incidentally recording confidential documents that the Department has a duty to keep secure (i.e., criminal justice information). (b)Areas within the department facilities where members have a reasonable expectation of privacy (e.g., locker rooms or dressing areas, breakrooms) unless responding to a call for service or conducting an investigation. (c)Conversations of other members without their knowledge. (d)When a member is taking an authorized break or otherwise engaged in personal activities. (e)In a courtroom unless responding to a call for service or emergency situation. (f)Interactions with undercover officers or confidential informants. (g)Strip searches. (h)Except as otherwise provided in this policy, members shall not surreptitiously record other department members, city staff, elected or appointed officials unless lawfully authorized by the Chief of Police. BWCs shall not be used for the purpose of embarrassment, harassment, or ridicule of any individual or group. 435.6 ACTIVATION OF BWC Members should activate their BWC during all calls for service and the performance of law enforcement-related functions. Members are not required to activate their BWC during casual or informal contacts with members of the public that are not part of or related to law enforcement functions. However, members should activate their BWC any time a contact with an individual becomes hostile or adversarial. Unless otherwise authorized by this policy or approved by a supervisor, BWCs should remain activated until the call for service or law enforcement-related function has concluded. A member may cease recording if they are simply waiting for a tow truck or a family member to arrive, or in other similar situations. Golden Valley Police Department Policy Manual Body-Worn Cameras Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Body-Worn Cameras - 379 Officers should use their BWC and squad-based audio/video systems to record their transportation and the physical transfer of persons in their custody to hospitals, detox and mental health care facilities, juvenile detention centers, and jails, but otherwise should not record in these facilities unless the officer anticipates witnessing a criminal event, collecting evidentiary recordings, or being involved in or witnessing an adversarial encounter or use-of-force incident. At no time is a member expected to jeopardize their safety to activate their BWC. However, the BWC should be activated as soon as reasonably practicable in required situations. If a member attempts to activate their BWC but the BWC fails to record an event, the member should notify their supervisor as soon as practicable. 435.6.1 NOTICE OF RECORDING Unless otherwise approved based on unique circumstances, a member should wear the BWC in a manner that is conspicuous and shall answer truthfully if asked whether they are equipped with a BWC or if their BWC is activated. 435.6.2 PRIVACY CONSIDERATIONS Members should remain sensitive to the dignity of individuals being recorded and should exercise sound discretion with respect to privacy concerns. When responding to a place where individuals have an expectation of privacy (e.g., private residences, medical or mental health facilities, restrooms) or to a sensitive situation (e.g., individuals partially or fully unclothed), members are permitted to mute or deactivate their BWC if it reasonably appears that the privacy concern outweighs any legitimate department interest in recording the event. Members may also mute or deactivate their BWC: (a)To protect the privacy of a victim or witness. (b)When an individual wishes to provide information anonymously. (c)To avoid recording a confidential informant or undercover officer. (d)When discussing case tactics or strategy. (e)During private conversations with other members or emergency responders. Members should choose to mute rather than deactivate BWCs when practicable. Deactivation should only be used when muting the BWC will not accomplish the level of privacy necessary for the situation. Before muting or deactivating their BWC, the member should verbally narrate the reason on the recording. As soon as possible once the privacy concern is no longer an issue, or when circumstances change so that the privacy concern no longer outweighs the department's interest in recording the event (e.g., the individual becomes combative, the conversation ends), the member should unmute or reactivate their BWC and verbally note that recording has resumed. Golden Valley Police Department Policy Manual Body-Worn Cameras Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Body-Worn Cameras - 380 435.6.3 LIVESTREAMING Livestreaming enables authorized individuals to remotely view the audio and video captured by a member's BWC in real time. Only supervisors and dispatchers approved by the Chief of Police or the authorized designee shall have access to livestreaming capabilities. Livestreaming should only be activated: (a)For purposes of member safety when the member is not responding to their radio or there is some other indication of distress. (b)To assist with situational awareness or tactical decisions during a significant incident. (c)When requested by the member. 435.6.4 DOCUMENTATION Members are encouraged to provide narration while using a BWC when it would be useful to provide context or clarification of the events being recorded. However, the use of a BWC is not a replacement for written reports and should not be referred to in a written report in place of detailing the event. Every report prepared by a member who is issued a BWC should state "BWC available" or "BWC unavailable," as applicable, and should document: (a)To the extent practicable and relevant, the identity of individuals appearing in the BWC media. (b)An explanation of why BWC media is unavailable including any malfunction, damage, or battery issue that resulted in the failure of the BWC to capture all or part of the event. (c)Any exigency or other circumstances that prevented the member from immediately activating the recording at the beginning of the event. (d)Any period of the event in which the member deactivated or muted their BWC and the reason for such action. (e)If livestreaming was activated during the event, the reason for livestreaming and the members who communicated or participated in the event through BWC livestreaming. 435.7 UPLOADING BWC MEDIA Unless otherwise authorized by a supervisor, all media from a member's BWC should be properly uploaded and tagged before the end of their shift. BWC media related to a serious or high-profile event (e.g., search for a missing child, active shooter situation) should be uploaded and tagged as soon as practicable upon returning to the Department. Following an officer involved shooting or death or other event deemed necessary, a supervisor should take possession of the BWC for each member present and upload and tag the BWC media. 435.7.1 TAGGING BWC MEDIA Members should tag all media captured by their BWC with their name and/or identification number, the case or incident number, and the event type. BWC media should be tagged upon uploading or, if capabilities permit tagging in the field, as close to the time of the event as possible. If more Golden Valley Police Department Policy Manual Body-Worn Cameras Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Body-Worn Cameras - 381 than one event type applies to BWC media, it should be tagged with each event type. If BWC media can only be tagged with a single event type, the media should be tagged using the event type with the longest retention period. BWC media depicting sensitive circumstances or events should be tagged as restricted. BWC media should be flagged for supervisor review when it pertains to a significant event such as: (a)An incident that is the basis of a formal or informal complaint or is likely to result in a complaint. (b)When a member has sustained a serious injury or a line-of-duty death has occurred. (c)When a firearm discharge or use of force incident has occurred. (d)An event that has attracted or is likely to attract significant media attention. Supervisors should conduct audits at regular intervals to confirm BWC media is being properly uploaded and tagged by their subordinates. 435.8 BWC MEDIA All BWC media is the sole property of the Department. Members shall have no expectation of privacy or ownership interest in the content of BWC media. All BWC media shall be stored and transferred in a manner that is physically and digitally secure with appropriate safeguards to prevent unauthorized modification, use, release, or transfer. Contracts with any third-party vendors for the storage of BWC media should include provisions specifying that all BWC media remains the property of the Department and shall not be used by the vendor for any purpose without explicit approval of the Chief of Police or the authorized designee. Members shall not alter, copy, delete, release, or permit access to BWC media other than as permitted in this policy without the express consent of the Chief of Police or the authorized designee. BWC media systems should not be accessed using personal devices unless authorized by the Chief of Police or the authorized designee. 435.8.1 ACCESS AND USE OF BWC MEDIA BWC media systems shall only be accessed by authorized members using the member's own login credentials and in accordance with the Information Technology Use Policy. BWC media shall only be accessed and viewed for legitimate department-related purposes in accordance with the following guidelines: (a)BWC media tagged as restricted should only be accessible by those designated by the Chief of Police or the authorized designee. (b)Members may review their own BWC media for department-related purposes. Members should document in their report if they reviewed BWC media before completing the report. (c)Investigators may review BWC media pertaining to their assigned cases. Golden Valley Police Department Policy Manual Body-Worn Cameras Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Body-Worn Cameras - 382 (d)A member testifying regarding a department-related event may review the pertinent BWC media before testifying. (e)Supervisors are permitted to access and view BWC media of their subordinates. 1.Supervisors should review BWC media that is tagged as a significant event or that the supervisor is aware pertains to a significant event. 2.Supervisors should conduct documented reviews of their subordinate's BWC media at least annually to evaluate the member's performance, verify compliance with department procedures, and determine the need for additional training. The review should include a variety of event types when possible. Supervisors should review BWC media with the recording member when it would be beneficial to provide guidance or to conduct one-on-one informal training for the member (Minn. Stat. § 626.8473). 3.Supervisors should conduct periodic reviews of a sample of each subordinate's BWC media to evaluate BWC use and ensure compliance with this policy. (f)The Training Coordinator is permitted to access and view BWC media for training purposes. 1.The Training Coordinator should conduct a quarterly review of a random sampling of BWC media to evaluate department performance and effectiveness and to identify specific areas where additional training or changes to protocols would be beneficial. Training Committee members may review BWC media as part of their review to identify training needs. 2.The Training Coordinator may use BWC media for training purposes with the approval of the Chief of Police or the authorized designee. The Training Coordinator should use caution to avoid embarrassing or singling out a member and, to the extent practicable, should seek consent from the members appearing in the BWC media before its use for training. When practicable, sensitive issues depicted in BWC media should be redacted before being used for training. (g)The Police Front Office Supervisor may access BWC media when necessary to conduct department-related duties. (h)The BWC coordinator may access BWC media and the BWC media system as needed to ensure the system is functioning properly, provide troubleshooting assistance, conduct audits, and fulfill other responsibilities related to their role. (i)Any member who accesses or releases BWC media without authorization may be subject to discipline (see the Standards of Conduct and the Protected Information policies for additional guidance) (Minn. Stat. § 626.8473). The Chief or authorized designee may supersede this policy by providing specific written instructions for BWC use to individual officers or providing specific instructions pertaining to particular events or classes of events including, but not limited to, political rallies and demonstrations. The Chief or authorized designee may also provide specific written instructions or standard operating procedures for BWC use to officers assigned to specialized details, such Golden Valley Police Department Policy Manual Body-Worn Cameras Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Body-Worn Cameras - 383 as carrying out duties in courts or guarding prisoners or patients in hospitals and mental health facilities. 435.8.2 PUBLIC ACCESS Unless disclosure is required by law or a court order, BWC media should not be released to the public if: (a)It is clearly offensive to common sensibilities (Minn. Stat. § 13.82, Subd. 7; Minn. Stat. § 13.825, Subd. 2). (b)It unreasonably violates a person's privacy or depicts the interior of: 1.A private residence. 2.A facility that offers health care, mental health or substance abuse treatment, or social services. 3.A school building. 4.Any other building in which public access is restricted or which implicates heightened security concerns. Except as provided by Minn. Stat. § 13.825, Subd. 2 or pursuant to Minn. Stat. § 13.82, Subd. 15, BWC media is considered private or nonpublic data. Any person captured on BWC media may have access to the BWC media. If the individual requests a copy of the BWC media and does not have the consent of other non-law enforcement individuals captured on the BWC media, the identity of those individuals must be blurred or obscured sufficiently to render the person 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 (Minn. Stat. § 13.825, Subd. 4). Requests for the release of BWC media shall be processed in accordance with the City Data Practices Policies. The Police Front Office Supervisor should review BWC media before public release. See the Officer-Involved Shootings and Deaths Policy regarding BWC media requests pursuant to Minn. Stat. § 13.825 relating to deaths by use of force. 435.9 RETENTION OF BWC MEDIA Non-evidentiary BWC media should be retained in accordance with state records retention laws but in no event for a period less than 90 days (Minn. Stat. § 13.825). Unless circumstances justify continued retention, BWC media should be permanently deleted upon the expiration of the retention period in a way that it cannot be retrieved. BWC media shall not otherwise be deleted by any person without the authorization of the Chief of Police or the authorized designee. Golden Valley Police Department Policy Manual Body-Worn Cameras Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Body-Worn Cameras - 384 If an individual captured on BWC media submits a written request, the BWC media shall be retained for an additional time period. The BWC coordinator should be responsible for notifying the individual prior to destruction of the BWC media (Minn. Stat. § 13.825). Members shall not alter, erase, or destroy any BWC media, before the end of the applicable retention period (Minn. Stat. § 626.8473). 435.9.1 EVIDENTIARY BWC MEDIA BWC media relevant to a criminal prosecution should be exported from the BWC media system and securely transferred to digital evidence storage according to established department procedures. Evidentiary BWC media is subject to the same laws, policies, and procedures as all other evidence, including chain of custody, accessibility, and retention periods (see the Property and Evidence Room Policy). Evidentiary BWC media that documents an officer's use of deadly force must be maintained indefinitely (Minn. Stat. § 13.825; Minn. Stat. § 626.8473). 435.10 TRAINING The BWC coordinator should ensure that each member issued a BWC receives initial training before use, and periodic refresher training thereafter. Training should include: (a)Proper use of the BWC device and accessories. (b)When BWC activation is required, permitted, and prohibited. (c)How to respond to an individual's request to stop recording. (d)Proper use of the BWC media systems, including uploading and tagging procedures. (e)Security procedures for BWC media, including appropriate access and use. Members who are not issued a BWC but who have access to BWC media systems shall receive training on the BWC media system, including appropriate access, use, and security procedures. Golden Valley Police Department Policy Manual Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Traffic Operations - 385 Chapter 5 - Traffic Operations Policy 500 Golden Valley Police Department Policy Manual Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Traffic Function and Responsibility - 386 Traffic Function and Responsibility 500.1 PURPOSE AND SCOPE 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 Several factors are considered in the development of deployment schedules for officers of the Golden Valley Police Department. Information provided by the Minnesota Office of Traffic Safety (OTS) is a valuable resource for traffic collision occurrences and therefore officer deployment. Some of the factors for analysis include: •Location •Time •Day •Violation factors 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. Golden Valley Police Department Policy Manual Traffic Function and Responsibility Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Traffic Function and Responsibility - 387 500.3.2 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. (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. 500.3.5 LIMITATION AND DISCLOSURE OF REASON FOR TRAFFIC STOP Officers conducting a traffic stop for violations of Minnesota Statute Chapters 168 or 169 shall not ask the motorist if they can identify the reason for the traffic stop. Officers shall state a reason for the stop unless it would be unreasonable to do so under the totality of the circumstances (Minn. Stat. § 169.905). 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 Golden Valley Police Department Policy Manual Traffic Function and Responsibility Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Traffic Function and Responsibility - 388 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 High-visibility vests shall be accessible at all times to members while performing law enforcement duties. Each vest should be stored inside the resealable plastic bag provided to protect and maintain the vest in a serviceable condition. Before going into service each employee shall ensure a serviceable high-visibility vest is properly stored. A supply of high-visibility vests will be maintained in the equipment room for replacement of damaged or unserviceable vests. The Training Coordinator should be promptly notified whenever the supply of vests in the equipment room needs replenishing. Policy 501 Golden Valley Police Department Policy Manual Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Traffic Collisions - 389 Traffic Collisions 501.1 PURPOSE AND SCOPE This policy provides guidelines for responding to and investigating traffic collisions. 501.2 POLICY It is the policy of the Golden Valley 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. 501.3 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. 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. 5.Involvement of an on- or off-duty member of this department. (b)Is within another jurisdiction and there is: 1.A City of Golden Valley vehicle involved. 2.A City of Golden Valley 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. Golden Valley Police Department Policy Manual Traffic Collisions Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Traffic Collisions - 390 (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 Sergeant, department command staff,who will determine if additional notifications are necessary.City Manager 501.4.1 NOTIFICATION OF FAMILY In the event of a life-threatening injury or fatality, the on duty supervisor is responsible for the incident and should ensure notification of the victim's immediate family or coordinate such notification with the Medical Examiner, department chaplain or another suitable person. Notification should be made as soon as practicable following positive identification of the victim. The identity of any person seriously injured or deceased in a traffic collision should not be released until notification is made to the victim's immediate family. 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 Golden Valley 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. (i)State accident reporting rules apply 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. Golden Valley Police Department Policy Manual Traffic Collisions Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Traffic Collisions - 391 501.5.2 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 Assistant Chief. 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 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 Golden Valley Police Department and involves: (a)An on- or off-duty member of the Department. (a)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 elected official or employee of the City of Golden Valley. 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. Golden Valley Police Department Policy Manual Traffic Collisions Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Traffic Collisions - 392 501.6.2 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 Supervisor for approval and filing. 501.8.1 REPORT MODIFICATION 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 or by approval of the member 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. 501.8.2 PATROL SERGEANT RESPONSIBILITIES The responsibilities of the Patrol Sergeant include but are not limited to: (a)Ensuring the monthly and quarterly reports on traffic collision information and statistics are forwarded to the Patrol Assistant Chief or other persons as required. (b)Forwarding the traffic collision report to the Department of Public Safety within 10 days of the collision investigation (Minn. Stat. § 169.09, Subd. 8). (c)Ensuring the Department of Public Safety is notified within two business days of a collision that results in a fatality (Minn. Stat. § 169.09, Subd. 8). Policy 502 Golden Valley Police Department Policy Manual Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Vehicle Towing - 393 Vehicle Towing 502.1 PURPOSE AND SCOPE This policy provides the procedures for towing a vehicle by or at the direction of the Golden Valley 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 Staff as soon as practicable after the vehicle is stored. The Support Staff 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 Staff 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 have the driver select a towing company, if reasonably possible, and shall relay the request for the specified towing company to the dispatcher. When there is no preferred company requested, a company will be selected from the rotational list of towing companies in Dispatch. If the owner is incapacitated or for any reason it is necessary for the 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. Golden Valley Police Department Policy Manual Vehicle Towing Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Vehicle Towing - 394 502.2.3 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. 502.2.4 SUPPORT STAFF RESPONSIBILITIES Support Staff 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 Staff 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 Staff 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 Golden Valley 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: Golden Valley Police Department Policy Manual Vehicle Towing Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Vehicle Towing - 395 •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. •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. Policy 503 Golden Valley Police Department Policy Manual Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Impaired Driving - 396 Impaired Driving 503.1 PURPOSE AND SCOPE This policy provides guidance to those department members who play a role in the detection and investigation of driving while impaired (DWI). 503.2 POLICY The Golden Valley 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. 503.3 INVESTIGATIONS The Patrol Sergeant will develop and maintain, in consultation with the prosecuting attorney, report forms with appropriate checklists to assist investigating officers in documenting relevant information and maximizing efficiency.. Information that should be documented includes, at a minimum: (a)The field sobriety tests (FSTs) administered and the results. (b)The officer's observations that indicate impairment on the part of the individual, and the officer's health-related inquiries that may help to identify any serious health concerns (e.g., diabetic shock). (c)Sources of additional information (e.g., reporting party, witnesses) and their observations. (d)Information about any audio and/or video recording of the individual's driving or subsequent actions. (e)The location and time frame of the individual's vehicle operation and how this was determined. (f)Any prior related convictions in Minnesota or another jurisdiction. 503.4 FIELD TESTS The Patrol Sergeant should identify standardized FSTs and any approved alternate tests for officers to use when investigating violations of DWI laws. 503.5 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. Golden Valley Police Department Policy Manual Impaired Driving Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Impaired Driving - 397 (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. 503.5.1 STATUTORY NOTIFICATIONS At the time that the officer requests the person to submit to a breath 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)He/she has the right to consult with an attorney unless it would unreasonably delay administration of the test. At the time that the officer directs a person to submit to a blood or urine test pursuant to a warrant, the person must be informed that a refusal to submit to a blood or urine test is a crime (Minn. Stat. § 171.177, Subd. 1 and Subd. 2). 503.5.2 BREATH SAMPLES The Patrol Sergeant 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. 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 Patrol Sergeant. 503.5.3 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. Golden Valley Police Department Policy Manual Impaired Driving Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Impaired Driving - 398 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. 503.5.4 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. 503.6 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. 503.6.1 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 (Minn. Stat. § 169A.52, Subd. 7). 503.6.2 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. (c)The person is unable to provide consent due to injuries or being in an unconscious or incapacitated state. Golden Valley Police Department Policy Manual Impaired Driving Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Impaired Driving - 399 503.6.3 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, an intoxicating substance, or cannabis or hemp-related product 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 a cannabis or hemp-related product 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). 503.6.4 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. Golden Valley Police Department Policy Manual Impaired Driving Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Impaired Driving - 400 3.In felony cases, force which reasonably appears necessary to overcome the resistance to the blood draw may be permitted. (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. 503.6.5 STATUTORY NOTIFICATIONS UPON REFUSAL WITH A SEARCH WARRANT Upon refusal to submit to a chemical test pursuant to a search warrant, 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. § 171.177, Subd. 8). 503.7 ARREST AND INVESTIGATION 503.7.1 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). 503.7.2 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- or cannabis-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). 503.7.3 OFFICER RESPONSIBILITIES 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). 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. Golden Valley Police Department Policy Manual Impaired Driving Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Impaired Driving - 401 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). 503.7.4 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). 503.7.5 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. 503.7.6 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. 503.8 SUPPORT STAFF RESPONSIBILITIES The Police Front Office Supervisor will ensure that all case-related records are transmitted according to current records procedures and as required by the prosecuting attorney’s office. 503.9 ADMINISTRATIVE HEARINGS The Police Front Office Supervisor will ensure that all appropriate reports and documents related to administrative license suspensions are reviewed and forwarded to the Driver and Vehicle Services Division (DVS) of the DPS. Golden Valley Police Department Policy Manual Impaired Driving Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Impaired Driving - 402 Any officer who receives notice of required attendance to an administrative license suspension hearing should promptly notify the prosecuting attorney. An officer called to testify at an administrative hearing should document the hearing date and the DVS file number in a supplemental report. Specific details of the hearing generally should not be included in the report unless errors, additional evidence or witnesses are identified. 503.10 TRAINING The Training Coordinator 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 Coordinator should confer with the prosecuting attorney’s office and update training topics as needed. Policy 504 Golden Valley Police Department Policy Manual Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Traffic Citations - 403 Traffic Citations 504.1 PURPOSE AND SCOPE This policy outlines the responsibility for traffic citations, the collection of data, the procedure for dismissal, correction and voiding of traffic citations. 504.2 RESPONSIBILITIES The Patrol Sergeant shall be responsible for the development and design of all Special Order traffic citations in compliance with state law (Minn. Stat. § 169.99 and Minn. Stat. § 169.999 Subd. 3). The Support Staff shall be responsible for the supply and accounting of all traffic citations issued to employees of this department. Citations will be kept in a secure location and issued to officers by Support Staff staff. Officers will sign for the citation books when issued. 504.2.1 DATA COLLECTION The Support Staff 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 Staff 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 Bias-Based Policing Policy required by state law (Minn. Stat. § 626.8471 Subd. 4). 504.3 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 Patrol Sergeant. Upon a review of the circumstances involving the issuance of the traffic citation, the Patrol Sergeant may request the Patrol Assistant Chief to 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. The citation dismissal shall then be forwarded to the Patrol Assistant Chief for review. Golden Valley Police Department Policy Manual Traffic Citations Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Traffic Citations - 404 Members of the Department should 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). 504.4 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 Patrol Supervisor. 504.5 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 Patrol Supervisor. The Patrol Supervisor shall prepare a letter of correction to the court having jurisdiction and to the recipient of the citation. 504.6 DISPOSITION OF TRAFFIC CITATIONS The court and file copies of all traffic citations issued by members of this department shall be forwarded to the employee’s immediate supervisor for review. The citation copies shall then be filed with the Support Staff. Upon separation from employment with this department, all employees issued traffic citation books shall return any unused citations to the Support Staff. 504.7 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)). 504.7.1 APPEAL STAGES Appeals may be pursued sequentially at three different levels: (a)Administrative reviews are conducted by the Patrol Supervisor, which will review written/documentary data. Requests for administrative reviews are available at the front desk or Patrol Supervisor of the Golden Valley Police Department. These requests are informal written statements outlining why the notice of parking violation should be dismissed. Copies of documentation relating to the notice of parking violation and the request for dismissal must be mailed to the current mailing address of the processing agency. (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. Golden Valley Police Department Policy Manual Traffic Citations Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Traffic Citations - 405 (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. 504.7.2 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. 504.7.3 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. 504.8 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 Golden Valley Police Department Policy Manual Traffic Citations Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Traffic Citations - 406 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). 504.9 ADMINISTRATIVE VIOLATIONS Administrative violations may be issued by officers to any person for violations of any City ordinance by using the Golden Valley Administrative Violation Form. A completed Administrative Violation Form should be submitted in the same manner as any other citation. Administrative citations should not be issued for crimes that may need to go through District Court for enhancement consideration purposes. The issuing officer or a supervisor should determine the appropriate citation type to use in each situation after considering the factors in each circumstance. 504.9.1 ADMINISTRATIVE VIOLATION CONSIDERATIONS When determining the appropriateness of issuing an administrative violation, an officer should consider the following: (a)Only one ordinance violation can be written per Administrative Violation Form. (b)Parking tickets cannot be written on an Administrative Violation Form. (c)Speed and license-related citations should be written on a District Court ticket, as they will not appear on a driver’s record if written on an Administrative Violation Form. (d)A person receiving an administrative citation cannot be jailed solely based on the ordinance violation. (e)Officers who are aware that a violator has received prior administrative citations and failed to pay the related fine, should consider issuing a District Court Citation if the following conditions exist: 1.The violator has an established record of non-payment with the City Clerk’s Office. 2.The violator is apparently unable to pay the fine. 3.The violator owns no real property. Policy 505 Golden Valley Police Department Policy Manual Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Disabled Vehicles - 407 Disabled Vehicles 505.1 PURPOSE AND SCOPE 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. 505.2 OFFICER RESPONSIBILITIES 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 should be advised of the location of the disabled vehicle and the need for assistance. The dispatcher should then assign another available officer to respond for assistance as soon as practicable. 505.3 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. 505.3.1 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. 505.3.2 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 to the officer, community, or environment presented by the disabled vehicle. Policy 506 Golden Valley Police Department Policy Manual Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Abandoned Vehicle Violations - 408 Abandoned Vehicle Violations 506.1 PURPOSE AND SCOPE 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. 506.1.1 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 -controlled property, or for more than four 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 four 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 five 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)). 506.2 MARKING VEHICLES Vehicles on public roadways suspected of being abandoned in violation of Minnesota abandoned vehicle laws shall be marked and noted on the Golden Valley Police Department Marked Vehicle Card or documented via the computer aided dispatch (CAD) system. No case number is required at this time. A visible chalk, crayon or paint mark should be placed on the rear window or left rear 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 on the Marked Vehicle Card. All Marked Vehicle Cards shall be submitted to the Patrol Supervisor for computer data entry unless documented via the CAD system. If a marked vehicle has been moved or the markings have been removed during a four or 24-hour investigation period, the vehicle shall be marked again for either the four or 24-hour abandonment Golden Valley Police Department Policy Manual Abandoned Vehicle Violations Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Abandoned Vehicle Violations - 409 violation and a Marked Vehicle Card completed and forwarded to the Patrol Supervisor or a CAD update completed. 506.2.1 MARKED VEHICLE FILE The department Patrol Supervisor shall be responsible for maintaining a file for all Marked Vehicle Cards. Members of the department Patrol Supervisorshall be responsible for the follow-up investigation of all abandonment violations noted on the Marked Vehicle Cards or CAD system. 506.2.2 VEHICLE STORAGE Any vehicle in violation shall be stored by the authorized towing service and a vehicle storage report shall be completed by the officer authorizing the storage of the vehicle. The storage report form shall be submitted to the Support Staff immediately following the storage of the vehicle. It shall be the responsibility of the Support Staff 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 Staff to immediately notify MNJIS. Notification may also be made to the NLETS. Golden Valley Police Department Policy Manual Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Investigation Operations - 410 Chapter 6 - Investigation Operations Policy 600 Golden Valley Police Department Policy Manual Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Investigation and Prosecution - 411 Investigation and Prosecution 600.1 PURPOSE AND SCOPE The purpose of this policy is to set guidelines and requirements pertaining to the handling and disposition of criminal investigations. 600.2 POLICY It is the policy of the Golden Valley Police Department to investigate crimes thoroughly and with due diligence, and to evaluate and prepare criminal cases for appropriate clearance or submission to a prosecutor. 600.3 INITIAL INVESTIGATION 600.3.1 OFFICER RESPONSIBILITIES An officer responsible for an initial investigation shall complete no less than the following: (a)Make a preliminary determination of whether a crime has been committed by completing, at a minimum: 1.An initial statement from any witnesses or complainants. 2.A cursory examination for evidence. (b)If information indicates a crime has occurred, the officer shall: 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) are necessary and request assistance as required. 3.If assistance is warranted, or if the incident is not routine, notify a supervisor or the Shift Sergeant. 4.Make reasonable attempts to locate, identify and interview all available victims, complainants, witnesses and suspects. 5.Collect any evidence. 6.Take any appropriate law enforcement action. 7.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, what other resources may be available, and advise the informant or complainant of this information. 600.3.2 NON-SWORN MEMBER RESPONSIBILITIES A non-sworn member assigned to any preliminary investigation is responsible for all investigative steps, except making any attempt to locate, contact or interview a suspect face-to-face or take Golden Valley Police Department Policy Manual Investigation and Prosecution Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Investigation and Prosecution - 412 any enforcement action. Should an initial investigation indicate that those steps are required, the assistance of an officer shall be requested. 600.4 CUSTODIAL INTERROGATION REQUIREMENTS Suspects who are in custody and subjected to an interrogation shall be given the Miranda warning, unless an exception applies. Interview or interrogation of a juvenile shall be in accordance with the Temporary Custody of Juveniles Policy. 600.4.1 AUDIO/VIDEO RECORDINGS 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. Consideration should also be given to recording a non-custodial interrogation, or any investigative interview, for any other offense when it is reasonable to believe it would be appropriate and beneficial to the investigation and is otherwise allowed by law. No recording of a custodial interrogation should be destroyed or altered without written authorization from the prosecuting attorney and the Investigation Unit supervisor. Copies of recorded interrogations or interviews may be made in the same or a different format as the original recording, provided the copies are true, accurate and complete and are made only for authorized and legitimate law enforcement purposes. Recordings should not take the place of a thorough report and investigative interviews. Written statements from suspects should continue to be obtained when applicable. 600.5 DISCONTINUATION OF INVESTIGATIONS The investigation of a criminal case or efforts to seek prosecution should only be discontinued if one of the following applies: (a)All reasonable investigative efforts have been exhausted, no reasonable belief that the person who committed the crime can be identified, and the incident has been documented appropriately. (b)The perpetrator of a misdemeanor has been identified and a warning is the most appropriate disposition. 1.In these cases, the investigator shall document that the person was warned and why prosecution was not sought. 2.Warnings shall not be given for felony offenses or other offenses identified in this policy or by law that require an arrest or submission of a case to a prosecutor. (c)The case has been submitted to the appropriate prosecutor but no charges have been filed. Further investigation is not reasonable nor has the prosecutor requested further investigation. Golden Valley Police Department Policy Manual Investigation and Prosecution Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Investigation and Prosecution - 413 (d)The case has been submitted to the appropriate prosecutor, charges have been filed, and further investigation is not reasonable, warranted or requested, and there is no need to take the suspect into custody. (e)Suspects have been arrested, there are no other suspects, and further investigation is either not warranted or requested. (f)Investigation has proven that a crime was not committed (see the Sexual Assault Investigations Policy for special considerations in these cases). The Domestic Abuse, Child Abuse, Sexual Assault Investigations and Adult Abuse policies may also require an arrest or submittal of a case to a prosecutor. 600.6 COMPUTERS AND DIGITAL EVIDENCE The collection, preservation, transportation and storage of computers, cell phones and other digital devices may require specialized handling to preserve the value of the related evidence. If it is anticipated that computers or similar equipment will be seized, officers should request that computer forensic examiners assist with seizing computers and related evidence. If a forensic examiner is unavailable, officers should take reasonable steps to prepare for such seizure and use the resources that are available. 600.7 INVESTIGATIVE USE OF SOCIAL MEDIA AND INTERNET SOURCES Use of social media and any other Internet source to access information for the purpose of criminal investigation shall comply with applicable laws and policies regarding privacy, civil rights and civil liberties. Information gathered via the Internet should only be accessed by members while on-duty and for purposes related to the mission of this department. If a member encounters information relevant to a criminal investigation while off-duty or while using his/her own equipment, the member should note the dates, times and locations of the information and report the discovery to his/her supervisor as soon as practicable. The member, or others who have been assigned to do so, should attempt to replicate the finding when on-duty and using department equipment. Information obtained via the Internet should not be archived or stored in any manner other than department-established record keeping systems (see the Records Maintenance and Release and Criminal Organizations policies). 600.7.1 ACCESS RESTRICTIONS Information that can be accessed from any department computer, without the need of an account, password, email address, alias or other identifier (unrestricted websites), may be accessed and used for legitimate investigative purposes without supervisory approval. Accessing information from any Internet source that requires the use or creation of an account, password, email address, alias or other identifier, or the use of nongovernment IP addresses, requires supervisor approval prior to access. The supervisor will review the justification for accessing the information and consult with legal counsel as necessary to identify any policy or legal restrictions. Any such access and the supervisor approval shall be documented in the related investigative report. Golden Valley Police Department Policy Manual Investigation and Prosecution Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Investigation and Prosecution - 414 Accessing information that requires the use of a third party’s account or online identifier requires supervisor approval and the consent of the third party. The consent must be voluntary and shall be documented in the related investigative report. Information gathered from any Internet source should be evaluated for its validity, authenticity, accuracy and reliability. Corroborative evidence should be sought and documented in the related investigative report. Any information collected in furtherance of an investigation through an Internet source should be documented in the related report. Documentation should include the source of information and the dates and times that the information was gathered. 600.7.2 INTERCEPTING ELECTRONIC COMMUNICATION Intercepting social media communications in real time may be subject to federal and state wiretap laws. Officers should seek legal counsel before any such interception. 600.8 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 officers 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 600.9 MODIFICATION OF CHARGES FILED Members are not authorized to recommend to the prosecutor or to any other official of the court that charges on a pending case be amended or dismissed without the authorization of a Assistant Chief or the Chief of Police. Any authorized request to modify the charges or to recommend dismissal of charges shall be made to the prosecutor. Policy 601 Golden Valley Police Department Policy Manual Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Sexual Assault Investigations - 415 Sexual Assault Investigations 601.1 PURPOSE AND SCOPE The Golden Valley Police Department adopts the Investigations of Sexual Assault model policy established and published by the Minnesota Board of Peace Officer Standards and Training (MN POST) (Minn. Stat. § 626.8442). See attachment: Model Sexual Assault Investigation Policy 03-03-21.pdf 601.2 COPY OF SUMMARY The Investigation Unit supervisor shall ensure that the 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 Golden Valley Police Department, a copy of the written summary shall also be provided to the law enforcement agency where the incident occurred. If the Golden Valley Police Department learns that both the victim and the accused are members of the Minnesota National Guard, the Department shall provide a copy of the summary to the Bureau of Criminal Apprehension (Minn. Stat. § 609.3459). Policy 602 Golden Valley Police Department Policy Manual Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Asset Forfeiture - 416 Asset Forfeiture 602.1 PURPOSE AND SCOPE 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 Golden Valley 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, nor shall it be allowed to jeopardize the safety of the community, the officers or the environment. It is the policy of the Golden Valley 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. 602.3 DEFINITIONS Definitions related to this policy include: 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, and cleaning supplies. Fiscal Agent - The person designated by the Golden Valley 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 Golden Valley Police Department seizes property for forfeiture or when the Golden Valley Police Department is acting as the fiscal agent pursuant to a multi-agency agreement. Forfeiture - The process by which legal ownership of an asset is transferred to a government or other authority. Golden Valley Police Department Policy Manual Asset Forfeiture Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Asset Forfeiture - 417 Forfeiture Reviewer - The Golden Valley Police Department employee assigned by the Golden Valley 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 subject to administrative forfeiture under Minnesota Law (Minn. Stat. § 609.5314): (a)All cash totaling $1500 or more, precious metals, and precious stones that there is probable cause to believe represent the proceeds of a controlled substance offense, and all cash found in proximity to controlled substances when there is probable cause to believe that the cash was exchanged for the purchase of a controlled substance. (b)All conveyance devices containing controlled substances with a retail value of $100 or more if there is probable cause to believe that the conveyance device was used in the transportation or exchange of a controlled substance intended for distribution or sale. (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: 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. § Golden Valley Police Department Policy Manual Asset Forfeiture Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Asset Forfeiture - 418 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. (b)Cash totaling less than $1,500, unless prerecorded buy funds are included in the cash seized. 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 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. Golden Valley Police Department Policy Manual Asset Forfeiture Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Asset Forfeiture - 419 (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, a separate seizure form will be completed for each individual. 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 and Evidence 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 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. Golden Valley Police Department Policy Manual Asset Forfeiture Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Asset Forfeiture - 420 602.5.2 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. 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. Officers shall inventory the conveyance device and its contents in accordance with the Vehicle Towing 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. 602.5.4 FIREARMS/AMMUNITION/FIREARM ACCESSORIES When firearms, ammunition or firearms accessories are seized, they shall be inventoried and delivered to the Property and Evidence Room in accordance with the current booking procedures and the Property and Evidence Room Policy. 602.6 MAINTAINING SEIZED PROPERTY The Property and Evidence 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: Golden Valley Police Department Policy Manual Asset Forfeiture Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Asset Forfeiture - 421 (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. (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. Golden Valley Police Department Policy Manual Asset Forfeiture Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Asset Forfeiture - 422 (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 Golden Valley Police Department unless the Golden Valley 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 forfeiture reporting is made to the state auditor in the manner prescribed by the auditor (Minn. Stat. § 609.5315, Subd. 6). 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 Golden Valley 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)). Policy 603 Golden Valley Police Department Policy Manual Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Informants - 423 Informants 603.1 PURPOSE AND SCOPE The purpose of this policy is to provide guidelines for the use of informants. 603.1.1 DEFINITIONS Definitions related to this policy include: Informant - A person who covertly interacts with other individuals or suspects at the direction of, request of, or by agreement with the Golden Valley Police Department for law enforcement purposes. This also includes a person agreeing to supply information to the Golden Valley Police Department for a benefit (e.g., a quid pro quo in the form of a reduced criminal penalty, money). 603.2 POLICY The Golden Valley Police Department recognizes the value of informants to law enforcement efforts and will strive to protect the integrity of the informant process. It is the policy of this department that all funds related to informant payments will be routinely audited and that payments to informants will be made according to the criteria outlined in this policy. 603.2.1 POST MODEL POLICY It is the policy of the Department to follow the requirements of the Confidential Informants Model Policy, established and published by the Minnesota Board of Peace Officer Standards and Training (MN POST) (Minn. Stat. § 626.8476). See attachment: Confidential Informants Model Policy.pdf 603.3 USE OF INFORMANTS 603.3.1 INITIAL APPROVAL Before using an individual as an informant, an officer must receive approval from his/her supervisor. The officer shall compile sufficient information through a background investigation and experience with the informant in order to determine the suitability of the individual, including age, maturity and risk of physical harm, as well as any indicators of his/her reliability and credibility. Members of this department should not guarantee absolute safety or confidentiality to an informant. 603.3.2 JUVENILE INFORMANTS The use of informants under the age of 13 is prohibited. Juveniles under the guardianship of the state may not be used as informants. In all cases, a juvenile 13 years of age or older may only be used as an informant with the written consent of each of the following: (a)The juvenile's parents or legal guardians Golden Valley Police Department Policy Manual Informants Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Informants - 424 (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 603.3.3 INFORMANT AGREEMENTS All informants are required to sign and abide by the provisions of the designated department informant agreement. The officer using the informant shall discuss each of the provisions of the agreement with the informant. Details of the agreement are to be approved in writing by a supervisor before being finalized with the informant. 603.4 INFORMANT INTEGRITY To maintain the integrity of the informant process, the following must be adhered to: (a)The identity of an informant acting in a confidential capacity shall not be withheld from the Chief of Police, Assistant Chief, Investigations supervisor or their authorized designees. 1.Identities of informants acting in a confidential capacity shall otherwise be kept confidential. (b)Criminal activity by informants shall not be condoned. (c)Informants shall be told they are not acting as police officers, employees or agents of the Golden Valley Police Department, and that they shall not represent themselves as such. (d)The relationship between department members and informants shall always be ethical and professional. 1.Members shall not become intimately involved with an informant. 2.Social contact shall be avoided unless it is necessary to conduct an official investigation, and only with prior approval of the Investigations supervisor. 3.Members shall neither solicit nor accept gratuities or engage in any private business transaction with an informant. (e)Officers shall not meet with informants in a private place unless accompanied by at least one additional officer or with prior approval of the Investigations supervisor. 1.Officers may meet informants alone in an occupied public place, such as a restaurant. (f)When contacting informants for the purpose of making payments, officers shall arrange for the presence of another officer. (g)In all instances when department funds are paid to informants, a voucher shall be completed in advance, itemizing the expenses. (h)Since the decision rests with the appropriate prosecutor, officers shall not promise that the informant will receive any form of leniency or immunity from criminal prosecution. Golden Valley Police Department Policy Manual Informants Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Informants - 425 603.4.1 UNSUITABLE INFORMANTS The suitability of any informant should be considered before engaging him/her in any way in a covert or other investigative process. Members who become aware that an informant may be unsuitable will notify the supervisor, who will initiate a review to determine suitability. Until a determination has been made by a supervisor, the informant should not be used by any member. The supervisor shall determine whether the informant should be used by the Department and, if so, what conditions will be placed on his/her participation or any information the informant provides. The supervisor shall document the decision and conditions in file notes and mark the file “unsuitable” when appropriate. Considerations for determining whether an informant is unsuitable include, but are not limited to, the following: (a)The informant has provided untruthful or unreliable information in the past. (b)The informant behaves in a way that may endanger the safety of an officer. (c)The informant reveals to suspects the identity of an officer or the existence of an investigation. (d)The informant appears to be using his/her affiliation with this department to further criminal objectives. (e)The informant creates officer-safety issues by providing information to multiple law enforcement agencies simultaneously, without prior notification and approval of each agency. (f)The informant engages in any other behavior that could jeopardize the safety of officers or the integrity of a criminal investigation. (g)The informant commits criminal acts subsequent to entering into an informant agreement. 603.5 INFORMANT FILES Informant files shall be utilized as a source of background information about the informant, to enable review and evaluation of information provided by the informant, and to minimize incidents that could be used to question the integrity of department members or the reliability of the informant. Informant files shall be maintained in a secure area within the Investigations. The Investigations supervisor or the authorized designee shall be responsible for maintaining informant files. Access to the informant files shall be restricted to the Chief of Police, Assistant Chief, Investigations supervisor or their authorized designees. The Investigation Assistant Chief should arrange for an audit using a representative sample of randomly selected informant files on a periodic basis, but no less than one time per year. If the Investigations supervisor is replaced, the files will be audited before the new supervisor takes over management of the files. The purpose of the audit is to ensure compliance with file content and updating provisions of this policy. The audit should be conducted by a supervisor who does not have normal access to the informant files. Golden Valley Police Department Policy Manual Informants Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Informants - 426 603.5.1 FILE SYSTEM PROCEDURE A separate file shall be maintained on each informant and shall be coded with an assigned informant control number. An informant history that includes the following information shall be prepared for each file: (a)Name and aliases (b)Date of birth (c)Physical description: sex, race, height, weight, hair color, eye color, scars, tattoos, or other distinguishing features (d)Photograph (e)Current home address and telephone numbers (f)Current employers, positions, addresses, and telephone numbers (g)Vehicles owned and registration information (h)Places frequented (i)Briefs of information provided by the informant and the informant's subsequent reliability 1.If an informant is determined to be unsuitable, the informant's file is to be marked "unsuitable" and notations included detailing the issues that caused this classification. (j)Name of the officer initiating use of the informant and any subsequent overseeing agents (k)Signed informant agreement (l)Update on active or inactive status of informant (m)Emergency contact information (n)Criminal history record (o)Residential addresses in the last five years (p)Social media accounts (q)Marital status and number of children (r)Gang affiliations or other organizational affiliations (s)Special skills and hobbies (t)Special areas of criminal expertise or knowledge 603.6 INFORMANT PAYMENTS No informant will be told in advance or given an exact amount or percentage for his/her service. The amount of funds to be paid to any 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 Golden Valley Police Department Policy Manual Informants Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Informants - 427 •The value of assets seized •The quantity of the drugs or other contraband seized •The informant’s previous criminal activity •The level of risk taken by the informant The Investigations supervisor will discuss the above factors with the Patrol Assistant Chief and recommend the type and level of payment subject to approval by the Chief of Police. 603.6.1 PAYMENT PROCESS Approved payments to an informant should be in cash using the following process: (a)Payments of $500 and under may be paid in cash from a Investigations buy/expense fund. 1.The Investigations supervisor shall sign the voucher for cash payouts from the buy/expense fund. (b)Payments exceeding $500 shall be made by issuance of a check, payable to the officer who will be delivering the payment. 1.The check shall list the case numbers related to and supporting the payment. 2.A written statement of the informant's involvement in the case shall be placed in the informant's file. 3.The statement shall be signed by the informant verifying the statement as a true summary of the informant's actions in the case. 4.Authorization signatures from the Chief of Police and the City Manager are required for disbursement of the funds. (c)To complete the payment process for any amount, the officer delivering the payment shall complete a cash transfer form. 1.The cash transfer form shall include the following: (a)Date (b)Payment amount (c)Golden Valley Police Department case number (d)A statement that the informant is receiving funds in payment for information voluntarily rendered. 2.The cash transfer form shall be signed by the informant. 3.The cash transfer form will be kept in the informant's file. 4.At least two officers should be present when payments are made. 5.Any signature by the informant for receipt of payment should not contain the true identity of the informant but should use the informant's control number. Golden Valley Police Department Policy Manual Informants Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Informants - 428 603.6.2 REPORTING OF PAYMENTS Each informant receiving a cash payment shall be advised 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 informant should be provided IRS Form 1099 (26 CFR 1.6041-1). If such documentation or reporting may reveal the identity of the informant and by doing so jeopardize any investigation, the safety of officers or the safety of the informant (26 CFR 1.6041-3), then IRS Form 1099 should not be issued. In such cases, the informant shall be provided a letter identifying the amount he/she must report on a tax return 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 informant’s file. 603.6.3 AUDIT OF PAYMENTS The Investigations supervisor or the authorized designee shall be responsible for compliance with any audit requirements associated with grant provisions and applicable state and federal law. At least once every six months, the Chief of Police or the authorized designee should conduct an audit of all informant funds for the purpose of accountability and security of the funds. The funds and related documents (e.g., buy/expense fund records, cash transfer forms, invoices, receipts and logs) will assist with the audit process. 603.7 INFORMANT COORDINATOR The Chief of Police or the authorized designee should designate an informant coordinator responsible for remaining familiar with the requirements and guidelines set forth in Minn. Stat. § 626.8476 and the MN POST Confidential Informants Model Policy. The coordinator is also responsible for implementing department procedures and protocols concerning the recruitment, control, and use of informants, as adopted by the model policy, including but not limited to: (a)Establishing general guidelines related to the oversight of informants such as: 1.The execution of informant agreements. 2.The use of informants in exigent circumstances. 3.Supervisor review of informant files and informant agreements, and attendance at debriefings and meetings. 4.Communication strategies and plans to address the confidentiality and integrity of the department/informant relationship. 5.The screening of informants for personal safety or mental health concerns before and after their use. (b)Developing procedures for determining initial and continued suitability, and preparing related reports (e.g., Initial Suitability Report, Continuing Suitability Report). Golden Valley Police Department Policy Manual Informants Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Informants - 429 1.Procedures should include a process for forwarding the results of initial and continuing suitability determinations to appropriate department members. 2.The local prosecutor's office should be consulted before engaging individuals who require special review and approval (e.g., juveniles, government officials, those individuals obligated by legal privilege of confidentiality). (c)Creating a process for identifying individuals who may be or who may become unsuitable to serve as informants (e.g., individuals receiving in-patient or partial- hospitalization treatment for a substance use disorder or mental illness, participating in a treatment-based drug court program or treatment court, having overdosed in the last 12 months, having a physical or mental illness that impairs the ability to understand instructions and make informed decisions). (d)Working with department members to identify informants who should be referred to prevention or treatment services. (e)Addressing jurisdictional issues to ensure proper coordination in the use of informants. (f)Working with the Investigations supervisor to manage the informant file system, including establishing guidelines regarding access, review, and disclosure. (g)Establishing deactivation procedures. (h)Making any necessary updates to agency procedures. (i)Certifying annually to MN POST that the Department has adopted a policy that complies with the requirements of the model policy as required by Minn. Stat. § 626.8476, Subd. 3. 603.8 TRAINING The Training Coordinator shall provide in-service training to officers, including part-time officers, in the recruitment, control, and use of confidential informants as required by Minn. Stat. § 626.8476. Policy 604 Golden Valley Police Department Policy Manual Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Eyewitness Identification - 430 Eyewitness Identification 604.1 PURPOSE AND SCOPE This policy sets forth guidelines to be used when members of this department employ eyewitness identification techniques (Minn. Stat. § 626.8433). 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 Golden Valley Police Department will use eyewitness identification techniques, when appropriate, to enhance the investigative process and will emphasize identifying persons responsible for crime and exonerating the innocent. Members should conduct eyewitness identifications as soon as reasonably possible taking into consideration the availability of required resources, such as translation services or the like, expediency leading to rushed identification, and the retention of memory of witnesses. Notwithstanding the foregoing, eyewitness identifications shall not be conducted in a manner that compromises the effectiveness of the procedure. 604.2.1 POST MODEL POLICY It is the policy of the Golden Valley Police Department to follow the requirements of the Eyewitness Identification Procedures model policy, established and published by the Minnesota Board of Peace Officer Standards and Training (POST) (Minn. Stat. § 626.8433). See attachment: Eyewitness Identification Procedures model policy.pdf 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 Golden Valley Police Department Policy Manual Eyewitness Identification Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Eyewitness Identification - 431 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 Investigation Unit 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 shall 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. (c)The name of the person administering the identification procedure. (d)The names of all 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 they 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 they understand the identification procedures and instructions. (j)A statement from the witness in the witness's own words describing how certain they are of the identification or non-identification. This statement should be taken at the time of the identification procedure. (k)Any other direction to meet the requirements of the POST model policy. The process and related forms should be reviewed at least annually and modified when necessary. 604.4.1 POST REQUIREMENTS The Investigation Unit supervisor shall remain familiar with the requirements contained in the Eyewitness Identification Procedures model policy issued by POST and incorporate these, as necessary, into the eyewitness identification process for use by members when conducting photographic and live lineups. 604.5 EYEWITNESS IDENTIFICATION Members are cautioned not to, in any way, influence a witness as to whether any subject or photo presented in a lineup is in any way connected to the case. Members should avoid mentioning that and not limited to: •The individual was apprehended near the crime scene. Golden Valley Police Department Policy Manual Eyewitness Identification Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Eyewitness Identification - 432 •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. The eyewitness identification procedure shall 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 conducting a live lineup, the member presenting the lineup shall not be involved in the investigation or know the identity of the suspect (Minn. Stat. § 626.8433). When conducting a photographic lineup, if practicable, the member presenting the lineup shall not be involved in the investigation of the case or know the identity of the suspect. In no case shall the member presenting a lineup to a witness know which photograph or person in the lineup is being viewed by the witness. Individuals in the lineup shall reasonably match the description of the perpetrator provided by the witness and shall bear similar characteristics to avoid causing any person to unreasonably stand out. In cases involving multiple suspects, a separate lineup should be conducted for each suspect. The suspects shall be placed in a different order within each lineup. The member presenting the lineup to a witness shall do so sequentially (i.e., show the witness one person at a time) and not simultaneously. The witness should view all persons in the lineup. A live lineup shall 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 identification. A field elimination show-up or one-on-one identification shall 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 member shall observe the following guidelines: (a)Obtain and document a complete description of the suspect from the witness. (b)Assess whether a witness shall 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. Golden Valley Police Department Policy Manual Eyewitness Identification Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Eyewitness Identification - 433 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 shall not be handcuffed or in a patrol vehicle. (d)When feasible, members shall bring the witness to the location of the subject of the show-up, rather than bring the subject of the show-up to the witness. (e)The person who is the subject of the show-up shall not be shown to the same witness more than once. (f)In cases involving multiple suspects, witnesses shall only be permitted to view the subjects of the show-up one at a time. (g)The person who is the subject of the show-up shall 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 a subject of the show-up as the suspect, members shall not conduct any further field identifications with other witnesses for that suspect. In such instances members shall 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. 604.6.1 DOCUMENTATION RELATED TO RECORDINGS The member conducting the lineup shall document the reason that an audio and/or video recording was not obtained, if applicable. Policy 605 Golden Valley Police Department Policy Manual Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Brady Material Disclosure - 434 Brady Material Disclosure 605.1 PURPOSE AND SCOPE 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 Definitions related to this policy include: Brady information - Information known or possessed by the Golden Valley Police Department that is both favorable and material to the current prosecution or defense of a criminal defendant._ 605.2 POLICY The Golden Valley 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 Golden Valley 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 and 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., informant or attorney-client information, attorney work product), the officer should discuss the matter with a supervisor and/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. Golden Valley Police Department Policy Manual Brady Material Disclosure Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Brady Material Disclosure - 435 605.4 BRADY PROCESS The Chief of Police shall select a member of the Department to coordinate requests for Brady information. This person shall be directly responsible to the Administrative Support Assistant Chief or the authorized designee. The responsibilities of the coordinator include but are not limited to: (a)Working with the appropriate prosecutors' offices and the City Attorney's office to establish systems and processes to determine what constitutes Brady information and the method for notification and disclosure. (b)Maintaining a current list of members who have Brady information in their files or backgrounds and transmitting that list to the City Attorney's Office. 1.Updating this list whenever potential Brady information concerning any department member becomes known to the Department or is placed into a personnel or internal affairs file and transmitting any updates to the City Attorney's Office. 605.5 DISCLOSURE OF REQUESTED 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)The prosecuting attorney or City 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 Custodian of Records should work with the appropriate 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 and City Attorney should be notified of that fact in all future cases involving that member. 605.6 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 Golden Valley Police Department Policy Manual Brady Material Disclosure Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Brady Material Disclosure - 436 information shall be investigated and processed in accordance with the Personnel Complaints Policy. 605.7 SUBPOENA PROCESSING The individual processing subpoenas (or the supervisor of the subpoenaed member) shall check the subpoenaed member’s name against the current list of those who are known to have Brady information in their files or background, and shall alert the coordinator if a person on the list is subpoenaed. 605.8 TRAINING Department personnel should receive periodic training on the requirements of this policy. Policy 606 Golden Valley Police Department Policy Manual Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Unmanned Aerial System - 437 Unmanned Aerial System 606.1 PURPOSE AND SCOPE The purpose of this policy is to establish guidelines for the use of an unmanned aerial system (UAS) and for the storage, retrieval, and dissemination of images and data captured by the UAS (Minn. Stat. § 626.19). 606.1.1 DEFINITIONS Definitions related to this policy include: Unmanned aerial system (UAS) - An unmanned aircraft of any type that is capable of sustaining directed flight, whether preprogrammed or remotely controlled without the possibility of direct human intervention from within or on the aircraft (commonly referred to as a drone or an unmanned aerial vehicle (UAV)), and all of the supporting or attached systems designed for gathering information through imaging, recording, or any other means (Minn. Stat. § 626.19). 606.2 POLICY A UAS may be utilized to enhance the Department's mission of protecting and maintaining the safety of the community, property, the officers, and the environment only when other means and resources are not available or are ineffective. Any use of a UAS shall be in strict accordance with constitutional and privacy rights and Federal Aviation Administration (FAA) regulations. 606.3 PRIVACY The use of the UAS requires careful consideration of privacy rights and is subject to privacy laws.. Absent a warrant or exigent circumstances, operators and observers shall not intentionally record or transmit images of any location where a person would have a reasonable expectation of privacy (e.g., residence, yard, enclosure). Operators and observers shall take reasonable precautions to avoid inadvertently recording or transmitting images of areas where there is a reasonable expectation of privacy. Reasonable precautions can include, for example, deactivating or turning imaging devices away from such areas or persons during UAS operations. 606.4 PROGRAM COORDINATOR The Chief of Police will appoint a program coordinator who will be responsible for the management of the UAS program. The program coordinator will ensure that policies and procedures conform to current laws, regulations, and best practices and will have the following additional responsibilities: •Coordinating the FAA Certificate of Waiver or Authorization (COA) application process and ensuring that the COA is current, and/or coordinating compliance with FAA Part 107 Remote Pilot Certificate, as appropriate for department operations. •Ensuring that all authorized operators and required observers have completed all required FAA and department-approved training in the operation, applicable laws, policies, and procedures regarding use of the UAS. Golden Valley Police Department Policy Manual Unmanned Aerial System Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Unmanned Aerial System - 438 •Developing uniform protocols for submission and evaluation of requests to deploy a UAS, including urgent requests made during ongoing or emerging incidents. The uniform protocols shall require at least the following information be submitted to the Chief for consideration: the type of UAS to be deployed, the reason for the proposed deployment, the location of the proposed deployment, and the time period of the proposed deployment. Deployment of a UAS shall require written authorization of the Chief of Police or the authorized designee, depending on the type of mission. Prior to authorizing deployment of a UAS, the Chief or authorized designee shall evaluate each submission and shall only authorize the deployment if: o the proposed use is an approved use under state and federal law; and o There are no other means or resources are available, or other means or resources are available but would not be effective. •Notwithstanding the foregoing, uses unrelated to law enforcement that do not meet the requirements of paragraph b above may be approved on a case-by-case basis by the City Manager. •Coordinating the completion of the FAA Emergency Operation Request Form in emergency situations, as applicable (e.g., natural disasters, search and rescue, emergency situations to safeguard human life). •Developing protocols for conducting criminal investigations involving a UAS, including documentation of time spent monitoring a subject. •Implementing a system for public notification of UAS deployment. •Developing operational protocols governing the deployment and operation of a UAS including but not limited to safety oversight, use of visual observers, establishment of lost link procedures, and secure communication with air traffic control facilities. •Developing a protocol for fully documenting all missions. •Developing a UAS inspection, maintenance, and record-keeping protocol to ensure continuing airworthiness of a UAS, up to and including its overhaul or life limits. •Developing protocols to ensure that all data intended to be used as evidence are accessed, maintained, stored, and retrieved in a manner that ensures its integrity as evidence, including strict adherence to chain of custody requirements. Electronic trails, including encryption, authenticity certificates, and date and time stamping, shall be used as appropriate to preserve individual rights and to ensure the authenticity and maintenance of a secure evidentiary chain of custody. •Developing protocols that ensure retention and purge periods are maintained in accordance with established records retention schedules. •Facilitating law enforcement access to images and data captured by the UAS. •Recommending program enhancements, particularly regarding safety and information security. •Ensuring that established protocols are followed by monitoring and providing periodic reports on the program to the Chief of Police. Golden Valley Police Department Policy Manual Unmanned Aerial System Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Unmanned Aerial System - 439 •Maintaining familiarity with FAA regulatory standards, state laws and regulations, and local ordinances regarding the operations of a UAS. •Developing protocols for reviewing and approving requests for use of the Department UAS by government entities (Minn. Stat. § 626.19). •Preparing and submitting the required annual report to the Commissioner of Public Safety (Minn. Stat. § 626.19). •Posting the Department policies and procedures regarding the use of UAV on the department website, as applicable (Minn. Stat. § 626.19). •Reviewing the program and UAS use for compliance with Minn. Stat. § 626.19. 606.5 USE OF UAS Only authorized operators who have completed the required training shall be permitted to operate the UAS. Use of vision enhancement technology (e.g., thermal and other imaging equipment not generally available to the public) is permissible in viewing areas only where there is no protectable privacy interest or when in compliance with a search warrant or court order. In all other instances, legal counsel should be consulted. UAS operations should only be conducted consistent with FAA regulations. Members shall not use a UAS without a search warrant, except (Minn. Stat. § 626.19): (a)During or in the aftermath of an emergency situation or disaster that involves the risk of death or bodily harm to a person. (b)Over a public event where there is a heightened risk to the safety of participants or bystanders. (c)To counter the risk of a terrorist attack by a specific individual or organization if the agency determines that credible intelligence indicates a risk. (d)To prevent the loss of life or property in natural or man-made disasters and to facilitate operation planning, rescue, and recovery operations. (e)To conduct a threat assessment in anticipation of a specific event. (f)To collect information from a public area if there is reasonable suspicion of criminal activity. (g)To collect information for crash reconstruction purposes after a serious or deadly collision occurring on a public road. (h)Over a public area for officer training or public relations purposes. (i)For purposes unrelated to law enforcement at the request of a government entity, provided the request is in writing and specifies the reason for the request and a proposed period of use and the proposed use is approved by the City Manager._ Golden Valley Police Department Policy Manual Unmanned Aerial System Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Unmanned Aerial System - 440 606.5.1 DOCUMENTATION REQUIRED Each use of a UAS should be properly documented by providing the following (Minn. Stat. § 626.19): (a)A unique case number (b)A factual basis for the use of a UAS (c)The applicable exception, unless a warrant was obtained 606.6 PROHIBITED USE The UAS video surveillance equipment shall not be used: •To conduct random surveillance activities. •To target a person based solely on actual or perceived characteristics such as race, ethnicity, national origin, religion, sex, sexual orientation, gender identity or expression, economic status, age, cultural group, or disability. •To harass, intimidate, or discriminate against any individual or group. •To conduct personal business of any type. The UAS shall not be weaponized (Minn. Stat. § 626.19). 606.6.1 ADDITIONAL PROHIBITIONS Unless authorized by a warrant, a UAS shall not be deployed with facial recognition or biometric- matching technology (Minn. Stat. § 626.19). Unless authorized by a warrant or for purposes of a permitted use outlined in this policy, a UAS shall not be used to collect data on public protests or demonstrations (Minn. Stat. § 626.19). 606.7 RETENTION OF UAS DATA The Support Staff supervisor shall ensure that data collected by the UAS is disclosed or deleted as required by Minn. Stat. § 626.19, including the deletion of collected data as soon as possible, and in no event later than seven days after collection, unless the data is part of an active criminal investigation (Minn. Stat. § 626.19). All deletion of data shall comply with the City's data retention and deletion policies. 606.8 SYSTEMS MANAGEMENT The Information Technology (IT) department shall support the police department Unmanned Aerial system by providing technical oversight, including maintaining and updating UAS hardware and software, ensuring systems are fully operational and meet regulatory requirements. The IT department shall support secure data management by implementing encryption, authentication, and logging measures to safeguard UAS data and ensure compliance with retention and deletion policies as outlined in Minn. Stat. § 626.19. IT shall assist in the integration of UAS systems with departmental platforms and provides technical expertise for operator and observer training. IT shall collaborate with the Program Coordinator to develop protocols for data storage, retrieval, and dissemination, while supporting the creation of access logs and audit trails to maintain Golden Valley Police Department Policy Manual Unmanned Aerial System Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Unmanned Aerial System - 441 accountability. IT staff with access shall adhere to chain-of-custody requirements and complete training in data security and privacy standards to ensure compliance with applicable laws. Policy 607 Golden Valley Police Department Policy Manual Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Warrant Service - 442 Warrant Service 607.1 PURPOSE AND SCOPE This policy establishes guidelines for the planning and serving of arrest and search warrants by members of this department. It is understood that this policy cannot address every variable or circumstance that can arise in the service of a search or arrest warrant, as these tasks can involve rapidly evolving and unique circumstances. This policy is intended to be used in conjunction with the Operations Planning and Deconfliction Policy, which has additional guidance on planning and serving high-risk warrants. This policy is not intended to address the service of search warrants on locations or property already secured or routine field warrant arrests by patrol officers. 607.2 POLICY It is the policy of the Golden Valley Police Department to balance the safety needs of the public, the safety of department members, privacy interests and other relevant factors when making decisions related to the service of search and arrest warrants. 607.3 OPERATIONS DIRECTOR The operations director (see the Operations Planning and Deconfliction Policy) shall review all risk assessment forms with the involved supervisor to determine the risk level of the warrant service. The operations director will also have the responsibility to coordinate service of those warrants that are categorized as high risk. Deconfliction, risk assessment, operational planning, briefing and debriefing should follow guidelines in the Operations Planning and Deconfliction Policy. 607.4 SEARCH WARRANTS Officers should receive authorization from a supervisor before preparing a search warrant application. Once authorization is received, the officer will prepare the affidavit and search warrant, consulting with the applicable prosecuting attorney as needed. He/she will also complete the risk assessment form and submit it, along with the warrant affidavit, to the appropriate supervisor and the operations director for review and classification of risk (see the Operations Planning and Deconfliction Policy). 607.5 ARREST WARRANTS If an officer reasonably believes that serving an arrest warrant may pose a higher risk than commonly faced on a daily basis, the officer should complete the risk assessment form and submit it to the appropriate supervisor and the operations director for review and classification of risk (see the Operations Planning and Deconfliction Policy). If the warrant is classified as high risk, service will be coordinated by the operations director. If the warrant is not classified as high risk, the supervisor should weigh the risk of entry into a residence Golden Valley Police Department Policy Manual Warrant Service Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Warrant Service - 443 to make an arrest against other alternatives, such as arresting the person outside the residence where circumstances may pose a lower risk. 607.6 WARRANT PREPARATION An officer who prepares a warrant should ensure the documentation in support of the warrant contains as applicable: (a)Probable cause to support the search or arrest, including relevant dates and times to demonstrate timeliness and facts to support any request for nighttime or no-knock warrant execution. 1.No-knock search warrant applications shall comply with the requirements, including the reporting requirements to the Commissioner of Public Safety, as provided by Minn. Stat. § 626.14. (b)A clear explanation of the affiant’s training, experience, and relevant education. (c)Adequately supported opinions, when relevant, that are not left to unsubstantiated conclusions. (d)A nexus between the place to be searched and the persons or items central to the investigation. The facts supporting this nexus should be clear and current. For example, the affidavit shall explain why there is probable cause to believe that a particular person is currently residing at a particular location or that the items sought are present at a particular location. (e)Full disclosure of known or suspected residents at the involved location and any indication of separate living spaces at the involved location. For example, it should be disclosed that several people may be renting bedrooms at a single location, even if the exact location of the rooms is not known. (f)A specific description of the location to be searched, including photographs of the location, if reasonably available. (g)A sufficient description of the items to be seized. (h)Full disclosure of any known exculpatory information relevant to the warrant application (refer to the Brady Material Disclosure Policy). 607.7 HIGH-RISK WARRANT SERVICE The operations director or the authorized designee shall coordinate the service of warrants that are categorized as high risk and shall have sole authority in determining the manner in which the warrant will be served, including the number of officers deployed. The member responsible for directing the service should ensure the following as applicable: (a)When practicable and when doing so does not cause unreasonable risk, video or photographic documentation is made of the condition of the location prior to execution of a search warrant. The images should include the surrounding area and persons present. Golden Valley Police Department Policy Manual Warrant Service Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Warrant Service - 444 (b)The warrant service is audio- and video-recorded when practicable and reasonable to do so. (c)Evidence is handled and collected only by those members who are designated to do so. All other members involved in the service of the warrant should alert one of the designated members to the presence of potential evidence and not touch or disturb the items. (d)Reasonable efforts are made during the search to maintain or restore the condition of the location. (e)Persons who are detained as part of the warrant service are handled appropriately under the circumstances. (f)Reasonable care provisions are made for children and dependent adults (see the Child and Dependent Adult Safety Policy). (g)A list is made of all items seized and a copy provided to the person in charge of the premises if present or otherwise left in a conspicuous place. (h)A copy of the search warrant is left at the location. (i)The condition of the property is documented with video recording or photographs after the search. 607.8 NO-KNOCK ENTRIES No-knock entries are only authorized if a no-knock warrant has been obtained or if exigent circumstances arise at the scene such that knocking and announcing the officer's presence would create an imminent threat of physical violence to the officer or another person. 607.9 DETENTIONS DURING WARRANT SERVICE Officers must be sensitive to the safety risks of all persons involved with the service of a warrant. Depending on circumstances and facts present, it may be appropriate to control movements of any or all persons present at a warrant service, including those who may not be the subject of a warrant or suspected in the case. However, officers must be mindful that only reasonable force may be used and weapons should be displayed no longer than the officer reasonably believes is necessary (see the Use of Force Policy). As soon as it can be determined that an individual is not subject to the scope of a warrant and that no further reasonable suspicion or safety concerns exist to justify further detention, the person should be promptly released. Officers should, when and to the extent reasonable, accommodate the privacy and personal needs of people who have been detained. 607.10 ACTIONS AFTER WARRANT SERVICE The supervisor shall ensure that all affidavits, warrants, receipts and returns, regardless of any associated cases, are filed with the issuing judge or magistrate as soon as reasonably possible, but in any event no later than any date specified on the warrant. Golden Valley Police Department Policy Manual Warrant Service Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Warrant Service - 445 607.11 OUTSIDE AGENCIES AND CROSS-JURISDICTIONAL WARRANTS The operations director will ensure that cooperative efforts with other agencies in the service of warrants conform to existing mutual aid agreements or other memorandums of understanding and will work cooperatively to mitigate risks including, but not limited to, the following: •Identity of team members •Roles and responsibilities •Familiarity with equipment •Rules of engagement •Asset forfeiture procedures Any outside agency requesting assistance in the service of a warrant within this jurisdiction should be referred to the operations director. The director should review and confirm the warrant, including the warrant location, and should discuss the service with the appropriate supervisor from the other agency. The director should ensure that members of the Golden Valley Police Department are utilized appropriately. Any concerns regarding the requested use of Golden Valley Police Department members should be brought to the attention of the Chief of Police or the authorized designee. The actual service of the warrant will remain the responsibility of the agency requesting assistance. If the operations director is unavailable, the Shift Sergeant should assume this role. If officers intend to serve a warrant outside Golden Valley Police Department jurisdiction, the operations director should provide reasonable advance notice to the applicable agency, request assistance as needed and work cooperatively on operational planning and the mitigation of risks detailed in this policy. Officers will remain subject to the policies of the Golden Valley Police Department when assisting outside agencies or serving a warrant outside Golden Valley Police Department jurisdiction. 607.12 MEDIA ACCESS No advance information regarding warrant service operations shall be released without the approval of the Chief of Police. Any media inquiries or press release after the fact shall be handled in accordance with the Media Relations Policy. 607.13 DOCUMENTATION Documentation related to the service of a warrant shall be maintained in accordance with the established records retention schedule. Golden Valley Police Department Policy Manual Warrant Service Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Warrant Service - 446 607.14 TRAINING The Training Coordinator should ensure officers receive periodic training on this policy and associated topics, such as legal issues, warrant preparation, warrant service and reporting requirements. Policy 608 Golden Valley Police Department Policy Manual Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Operations Planning and Deconfliction - 447 Operations Planning and Deconfliction 608.1 PURPOSE AND SCOPE This policy provides guidelines for planning, deconfliction and execution of high-risk operations. Additional guidance on planning and serving high-risk warrants is provided in the Warrant Service Policy. 608.1.1 DEFINITIONS Definitions related to this policy include: High-risk operations - Operations, including service of search and arrest warrants and sting operations, that are likely to present higher risks than are commonly faced by officers on a daily basis, including suspected fortified locations, reasonable risk of violence or confrontation with multiple persons, or reason to suspect that persons anticipate the operation. 608.2 POLICY It is the policy of the Golden Valley Police Department to properly plan and carry out high- risk operations, including participation in a regional deconfliction system, in order to provide coordination, enhance the safety of members and the public, decrease the risk of compromising investigations and prevent duplicating efforts. 608.3 OPERATIONS DIRECTOR The Chief of Police will designate a member of this department to be the operations director. The operations director will develop and maintain a risk assessment form to assess, plan and coordinate operations. This form should provide a process to identify high-risk operations. The operations director will review risk assessment forms with involved supervisors to determine whether a particular incident qualifies as a high-risk operation. The director will also have the responsibility for coordinating operations that are categorized as high risk. 608.4 RISK ASSESSMENT 608.4.1 RISK ASSESSMENT FORM PREPARATION Officers assigned as operational leads for any operation that may qualify as a high-risk operation shall complete a risk assessment form. When preparing the form, the officer should query all relevant and reasonably available intelligence resources for information about the subject of investigation, others who may be present and the involved location. These sources may include regional intelligence and criminal justice databases, target deconfliction systems, firearm records, commercial databases and property records. Where appropriate, the officer should also submit information to these resources. The officer should gather available information that includes, but is not limited to: Golden Valley Police Department Policy Manual Operations Planning and Deconfliction Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Operations Planning and Deconfliction - 448 (a)Photographs, including aerial photographs, if available, of the involved location, neighboring yards and obstacles. (b)Maps of the location. (c)Diagrams of any property and the interior of any buildings that are involved. (d)Historical information about the subject of investigation (e.g., history of weapon possession or use, known mental illness, known drug use, threats against police, gang affiliation, criminal history). (e)Historical information about others who may be present at the location (e.g., other criminals, innocent third parties, dependent adults, children, animals). (f)Obstacles associated with the location (e.g., fortification, booby traps, reinforced doors/windows, surveillance measures, number and type of buildings, geographic and perimeter barriers, the number and types of weapons likely to be present, information that suggests the presence of explosives, chemicals or other hazardous materials, the potential for multiple dwellings or living spaces, availability of keys/door combinations). (g)Other environmental factors (e.g., nearby venues such as schools and day care centers, proximity of adjacent homes or other occupied buildings, anticipated pedestrian and vehicle traffic at the time of service). (h)Other available options that may minimize the risk to officers and others (e.g., making an off-site arrest or detention of the subject of investigation). 608.4.2 RISK ASSESSMENT REVIEW Officers will present the risk assessment form and other relevant documents (such as copies of search warrants and affidavits and arrest warrants) to their supervisor and the operations director. The supervisor and operations director shall confer and determine the level of risk. Supervisors should take reasonable actions if there is a change in circumstances that elevates the risks associated with the operation. 608.4.3 HIGH-RISK OPERATIONS If the operations director, after consultation with the involved supervisor, determines that the operation is high risk, the operations director should: (a)Determine what resources will be needed at the location, and contact and/or place on standby any of the following appropriate and available resources: 1.Special Weapons and Tactics (SWAT) 2.Additional personnel 3.Outside agency assistance 4.Special equipment 5.Medical personnel 6.Persons trained in negotiation 7.Additional surveillance Golden Valley Police Department Policy Manual Operations Planning and Deconfliction Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Operations Planning and Deconfliction - 449 8.Canines 9.Property and Evidence Room or analytical personnel to assist with cataloguing seizures 10.Forensic specialists 11.Specialized mapping for larger or complex locations (b)Contact the appropriate department members or other agencies as warranted to begin preparation. (c)Ensure that all legal documents such as search warrants are complete and have any modifications reasonably necessary to support the operation. (d)Coordinate the actual operation. 608.5 DECONFLICTION Deconfliction systems are designed to identify persons and locations associated with investigations or law enforcement operations and alert participating agencies when others are planning or conducting operations in close proximity or time or are investigating the same individuals, groups or locations. The officer who is the operations lead shall ensure the subject of investigation and operations information have been entered in an applicable deconfliction system to determine if there is reported conflicting activity. This should occur as early in the process as practicable, but no later than two hours prior to the commencement of the operation. The officer should also enter relevant updated information when it is received. If any conflict is discovered, the supervisor will contact the involved jurisdiction and resolve the potential conflict before proceeding. 608.6 OPERATIONS PLAN The operations director should ensure that a written operations plan is developed for all high-risk operations. Plans should also be considered for other operations that would benefit from having a formal plan. The plan should address such issues as: (a)Operation goals, objectives and strategies. (b)Operation location and people: 1.The subject of investigation (e.g., history of weapon possession/use, known mental illness issues, known drug use, threats against police, gang affiliation, criminal history) 2.The location (e.g., fortification, booby traps, reinforced doors/windows, surveillance cameras and/or lookouts, number/type of buildings, geographic and perimeter barriers, the number and types of weapons likely to be present, information that suggests the presence of explosives, chemicals or other hazardous materials, the potential for multiple dwellings or living spaces, Golden Valley Police Department Policy Manual Operations Planning and Deconfliction Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Operations Planning and Deconfliction - 450 availability of keys/door combinations), including aerial photos, if available, and maps of neighboring yards and obstacles, diagrams and other visual aids 3.Other environmental factors (e.g., nearby venues such as schools and day care centers, proximity of adjacent homes or other occupied buildings, anticipated pedestrian and vehicle traffic at the time of service) 4.Identification of other people who may be present in or around the operation, such as other criminal suspects, innocent third parties and children (c)Information from the risk assessment form by attaching a completed copy in the operational plan. 1.The volume or complexity of the information may indicate that the plan includes a synopsis of the information contained on the risk assessment form to ensure clarity and highlighting of critical information. (d)Participants and their roles. 1.An adequate number of uniformed officers should be included in the operation team to provide reasonable notice of a legitimate law enforcement operation. 2.How all participants will be identified as law enforcement. (e)Whether deconfliction submissions are current and all involved individuals, groups and locations have been deconflicted to the extent reasonably practicable. (f)Identification of all communications channels and call-signs. (g)Use of force issues. (h)Contingencies for handling medical emergencies (e.g., services available at the location, closest hospital, closest trauma center). (i)Plans for detaining people who are not under arrest. (j)Contingencies for handling children, dependent adults, animals and other people who might be at the location in accordance with the Child Abuse, Adult Abuse, Child and Dependent Adult Safety and Animal Control policies. (k)Communications plan. (l)Responsibilities for writing, collecting, reviewing and approving reports. 608.6.1 OPERATIONS PLAN RETENTION Since the operations plan contains intelligence information and descriptions of law enforcement tactics, it shall not be filed with the report. The operations plan shall be stored separately and retained in accordance with the established records retention schedule. 608.7 OPERATIONS BRIEFING A briefing should be held prior to the commencement of any high-risk operation to allow all participants to understand the operation, see and identify each other, identify roles and responsibilities and ask questions or seek clarification as needed. Anyone who is not present at the briefing should not respond to the operation location without specific supervisory approval. Golden Valley Police Department Policy Manual Operations Planning and Deconfliction Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Operations Planning and Deconfliction - 451 (a)The briefing should include a verbal review of plan elements, using visual aids, to enhance the participants’ understanding of the operations plan. (b)All participants should be provided a copy of the operations plan and search warrant, if applicable. Participating personnel should be directed to read the search warrant and initial a copy that is retained with the operation plan. Any items to be seized should be identified at the briefing. (c)The operations director shall ensure that all participants are visually identifiable as law enforcement officers. 1.Exceptions may be made by the operations director for officers who are conducting surveillance or working under cover. However, those members exempt from visual identification should be able to transition to a visible law enforcement indicator at the time of enforcement actions, such as entries or arrests, if necessary. (d)The briefing should include details of the communications plan. 1.It is the responsibility of the operations director to ensure that Dispatch is notified of the time and location of the operation, and to provide a copy of the operation plan prior to officers arriving at the location. 2.If the radio channel needs to be monitored by Dispatch, the dispatcher assigned to monitor the operation should attend the briefing, if practicable, but at a minimum should receive a copy of the operation plan. 3.The briefing should include a communications check to ensure that all participants are able to communicate with the available equipment on the designated radio channel. 608.8 SWAT PARTICIPATION If the operations director determines that SWAT participation is appropriate, the director and the SWAT supervisor shall work together to develop a written plan. The SWAT supervisor shall assume operational control until all persons at the scene are appropriately detained and it is safe to begin a search. When this occurs, the SWAT supervisor shall transfer control of the scene to the handling supervisor. This transfer should be communicated to the officers present. 608.9 MEDIA ACCESS No advance information regarding planned operations shall be released without the approval of the Chief of Police. Any media inquiries or press release after the fact shall be handled in accordance with the Media Relations Policy. 608.10 OPERATIONS DEBRIEFING High-risk operations should be debriefed as soon as reasonably practicable. The debriefing should include as many participants as possible. This debrief may be separate from any SWAT debriefing. Golden Valley Police Department Policy Manual Operations Planning and Deconfliction Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Operations Planning and Deconfliction - 452 608.11 TRAINING The Training Coordinator should ensure officers and SWAT team members who participate in operations subject to this policy should receive periodic training including, but not limited to, topics such as legal issues, deconfliction practices, operations planning concepts and reporting requirements. Policy 609 Golden Valley Police Department Policy Manual Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Scrap Metal Theft Investigation - 453 Scrap Metal Theft Investigation 609.1 PURPOSE AND SCOPE This policy provides guidance regarding scrap metal theft investigations. 609.1.1 DEFINITIONS Definitions related to this policy include: 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, including a scrap metal processor, as defined in Minn. Stat. § 325E.21. 609.2 POLICY The Golden Valley Police Department recognizes the difficulty in preventing scrap metal theft and may investigate, place holds on or confiscate items as provided in this policy. 609.3 INSPECTIONS AND AUDITS An officer engaged in scrap metal theft investigations may (Minn. Stat. § 168A.1501; Minn. Stat. § 325E.21): (a)Conduct inspections and audits 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 or audits should be referred to the City prosecutor for criminal prosecution. 609.4 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. Golden Valley Police Department Policy Manual Scrap Metal Theft Investigation Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Scrap Metal Theft Investigation - 454 609.5 SEIZING ITEMS The investigating officer should confer with the prosecuting attorney to determine whether the item should be confiscated. 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 and Evidence 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). 609.6 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). Policy 610 Golden Valley Police Department Policy Manual Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Forensic Genetic Genealogy - 455 Forensic Genetic Genealogy 610.1 PURPOSE AND SCOPE This policy provides guidance for the use of forensic genetic genealogy (FGG) to generate investigative leads. 610.1.1 DEFINITIONS Definitions related to this policy include: Combined DNA Index System (CODIS) - An FBI computer software program that operates deoxyribonucleic acid (DNA) profile databases for law enforcement use. DNA typing laboratory - A laboratory that analyzes biological samples, including extracted DNA, in order to provide various DNA profile types. State or local crime labs are generally not equipped to provide single nucleotide polymorphism (SNP) DNA profiles; therefore, the use of private DNA typing laboratories is often necessary for FGG. Extracted DNA - The DNA isolated from a biological sample remaining after previous DNA testing has been completed. Forensic genetic genealogy (FGG) - The process of obtaining a SNP DNA profile from a biological sample collected during an investigation; uploading the profile to a genetic genealogy site for comparison to the consumer profiles in the site's database to identify genetic relatives; and using the identified genetic relationships, as well as traditional genealogy research, to generate investigative leads. Genetic genealogist - A genealogist who uses DNA testing with traditional genealogical research methods to assist law enforcement or private clients in identifying biological relatives of an individual. Genetic genealogy site - A database of DNA profiles voluntarily submitted by public consumers for the purpose of identifying genetic relatives. The availability of genetic genealogy sites for law enforcement use varies depending on their terms of service. Short tandem repeat (STR) DNA profile - The results of DNA typing in a format that can be processed through CODIS and state DNA databases. This is the type of DNA used in conventional non-FGG law enforcement investigations. Single nucleotide polymorphism (SNP) DNA profile - The results of DNA typing in a format that enables an unknown DNA sample to be compared to the DNA profiles maintained by a genetic genealogy site. This is the DNA type used in FGG. 610.2 POLICY The Golden Valley Police Department's use of FGG will be in coordination with prosecutors, the Medical Examiner, and other appropriate resources only in qualifying cases after reasonable conventional investigative methods have been pursued. Members will take reasonable steps to Golden Valley Police Department Policy Manual Forensic Genetic Genealogy Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Forensic Genetic Genealogy - 456 maintain the integrity of the FGG process and safeguard the privacy rights of individuals whose DNA profiles are analyzed. 610.3 CRITERIA FOR FGG USE Before using FGG, the lead investigator should coordinate with the supervisor to determine whether the case meets the following requirements: (a)Biological evidence collected as part of the underlying investigation (or extracted DNA from the biological evidence) is available for additional testing and is reasonably believed to be attributable to: 1.The perpetrator of an unsolved felony. 2.The unidentified human remains of a suspected homicide victim. (b)All reasonable conventional investigative methods have been utilized and all reasonable investigative leads have been pursued (e.g., relevant case information entered in the National Missing and Unidentified Persons System (NamUs) and the Violent Criminal Apprehension Program (ViCAP) national database). (c)An STR DNA profile has been developed from the biological evidence collected in the case and, absent unusual circumstances, has been uploaded to CODIS and any applicable state DNA database for comparison with negative results. 610.4 COORDINATION Once a preliminary determination has been made that a case may qualify for the use of FGG, the lead investigating member should consult with the appropriate prosecutor to address current and prospective legal issues and determine if a search warrant is required (Minn. Stat. § 325F.995). In the case of unidentified human remains, the lead investigator should also consult with the Medical Examiner. 610.5 SUBMISSION OF SAMPLE The biological evidence or extracted DNA should be submitted to a DNA typing laboratory approved by the Department in order to obtain a SNP DNA profile. Once a SNP DNA profile has been obtained from the biological evidence or extracted DNA, the lead investigating member should arrange for it to be compared to the SNP DNA profiles contained in one or more genetic genealogy sites to identify possible genetic relatives. The lead investigator should work with a qualified genetic genealogist as needed during this process. When submitting a SNP DNA profile for comparison, the lead investigator or the authorized designee (e.g., assigned genetic genealogist) shall notify the genetic genealogy site that the request for comparison is from a law enforcement agency and confirm that the site's terms of service permit FGG for the type of case being investigated. The use of the SNP DNA profile and any subsequent comparison shall be limited to the original underlying investigation. Golden Valley Police Department Policy Manual Forensic Genetic Genealogy Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Forensic Genetic Genealogy - 457 If at any time during the FGG process the case no longer meets the criteria for FGG use, the lead investigator should promptly notify the DNA typing laboratory, genetic genealogy site, and/or genetic genealogist to cease any further analysis and to return all evidence, data, and materials to the Department. 610.6 ANALYSIS OF FGG DATA Once results of a comparison are received from a genetic genealogy site, the information should be evaluated by a genetic genealogist, who will assist the lead investigator in identifying potential investigative leads. The lead investigator should promptly and diligently pursue each viable lead identified through the FGG process using traditional investigative methods, as appropriate, to: (a)Eliminate an individual as a potential suspect in the case. (b)Link an individual to the case as a potential suspect. (c)Identify human remains. 610.7 COLLECTION OF THIRD-PARTY DNA SAMPLE If it is determined that a third-party DNA sample (i.e., from a person not likely to be a suspect in the investigation) should be collected and analyzed for FGG, consent from the third party should be obtained prior to collection. If there is a reasonable belief that the integrity of the investigation would be compromised by seeking consent from the third party prior to collection, the lead investigator should consult with the prosecutor regarding applicable laws and procedures in both the jurisdiction of the investigation and the jurisdiction where the collection will occur, if different. The use of a third-party DNA sample shall be limited to the original underlying investigation. 610.8 POST-IDENTIFICATION Members shall not rely solely on FGG identification of a potential suspect for probable cause to make an arrest or obtain an arrest warrant. Unless there is sufficient evidence independent of the FGG data to support an arrest, a potential suspect identified through FGG should not be arrested until the suspect's identity is confirmed. Members shall not rely solely on FGG to identify human remains unless there is sufficient evidence independent of the FGG data to declare the identification or confirmation testing has been completed. Confirmatory DNA testing should be conducted by collecting a known DNA sample from the potential suspect or, in the case of unidentified human remains, from a close biological relative. This known DNA sample should be submitted for comparison to the original unknown STR DNA profile through conventional methods (e.g., in CODIS). Golden Valley Police Department Policy Manual Forensic Genetic Genealogy Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Forensic Genetic Genealogy - 458 The lead investigator should consult with the prosecutor to determine the appropriate method of obtaining a known DNA sample. Once the identity of a suspect or the identity of unidentified human remains has been confirmed through conventional DNA testing, the lead investigator should: (a)Consult with the prosecutor to evaluate the entire investigative file for consideration of criminal charges or further investigation. (b)If applicable, consult with the Medical Examiner for an amendment to a certificate of death. 610.9 PRIVACY CONSIDERATIONS Members should make reasonable efforts to respect and protect the privacy of non-suspect genetic relatives identified through the FGG process. The names and identifying information of any non-suspect genetic relatives should not be included in official reports, probable cause declarations, or affidavits for search warrants and should not be disclosed unless otherwise required by law or court order. The lead investigator should formally request that the SNP DNA profile be removed from all genetic genealogy sites upon identity confirmation and should retain a copy of the request for department records. The lead investigator should request that all case-related records and data provided to, or generated by, a genetic genealogist during the FGG process be returned to the Department. 610.10 RETENTION OF DNA SAMPLES AND RELATED RECORDS Genetic information, including any derivative profiles and genetic genealogy site user information, should be retained in accordance with the established records retention schedule. The lead investigator should coordinate with the property and evidence technician and provide adequate notice to the appropriate prosecutor's office before destroying any profiles or data obtained from the FGG process. See the Property and Evidence Room Policy for guidelines regarding biological evidence, including DNA samples. Golden Valley Police Department Policy Manual Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Equipment - 459 Chapter 7 - Equipment Policy 700 Golden Valley Police Department Policy Manual Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Department-Owned and Personal Property - 460 Department-Owned and Personal Property 700.1 PURPOSE AND SCOPE 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 and direct a memo to the appropriate Assistant Chief that shall include the result of his/her investigation and whether the employee followed proper procedures. The supervisor's report shall address whether reasonable care was taken to prevent the loss, damage or unserviceable condition. 2.A review by the appropriate supervisor 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 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. Golden Valley Police Department Policy Manual Department-Owned and Personal Property Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Department-Owned and Personal Property - 461 700.3 USE OF PERSONAL PROPERTY Members should not carry personal equipment on-duty or use personal equipment in the performance of duties unless approved by the training Sergeant, Chief, or their designee. 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 Assistant Chief 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 personal items items (e.g., jewelry, watches, 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. 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 Golden Valley Police Department Policy Manual Department-Owned and Personal Property Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Department-Owned and Personal Property - 462 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 Assistant Chief. Policy 701 Golden Valley Police Department Policy Manual Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Personal Communication Devices - 463 Personal Communication Devices 701.1 PURPOSE AND SCOPE The purpose of this policy is to establish guidelines for the use of mobile telephones and communication devices, whether issued or funded 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 (PCDs) but is intended to include all mobile telephones, personal digital assistants (PDAs), wireless-capable tablets, 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, emailing, using video or camera features, playing games, and accessing sites or services on the internet. 701.2 POLICY The Golden Valley Police Department allows members to utilize department-issued or funded PCDs and to possess personally owned PCDs in the workplace, subject to certain limitations. Any PCD used while on- or off-duty for business-related purposes, or reasonably associated with work-related misconduct, may be subject to monitoring and inspection consistent with applicable law and this policy. Additionally, the use of a PCD either on-duty or after duty hours for business-related purposes, or reasonably associated with work-related misconduct, may subject the member and the member's PCD records to civil or criminal discovery or disclosure under applicable data practices laws and rules of civil or criminal procedures. Members who have questions regarding the application of this policy or the guidelines contained herein are encouraged to seek clarification from supervisory staff. 701.3 PRIVACY EXPECTATION Members forfeit any expectation of privacy with regard to any communication accessed, transmitted, received, or reviewed on any PCD issued or funded by the Department and shall have no expectation of privacy in their location should the device be equipped with location-detection capabilities. This includes records of all keystrokes or web-browsing history made on the PCD. The fact that access to a database, service, or website requires a username or password will not create an expectation of privacy if it is accessed through department PCDs or networks (see the Information Technology Use Policy for additional guidance). Members have no expectation of privacy regarding any communications while using a personally owned PCD for department-related business or when the use reasonably implicates work-related misconduct. Golden Valley Police Department Policy Manual Personal Communication Devices Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Personal Communication Devices - 464 701.4 DEPARTMENT-ISSUED PCD Depending on a member's assignment and the needs of the position, the Department may, at its discretion, issue or fund a PCD for the member's use to facilitate on-duty performance. Department-issued or funded PCDs may not be used for personal business either on- or off- duty unless authorized by the Chief of Police or the authorized designee. Such devices and the associated telephone number, if any, 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. Unless a member is expressly authorized by the Chief of Police or the authorized designee for off-duty use of the PCD, the PCD will be either secured in the workplace at the completion of the tour of duty or turned off when leaving the workplace. 701.5 PERSONALLY OWNED PCD Members may carry a personally owned PCD while on-duty, subject to the following conditions and limitations: (a)Permission to carry a personally owned PCD may be revoked if it is used contrary to provisions of this policy. (b)The Department accepts no responsibility for loss of or damage to a personally owned PCD. (c)The PCD and any associated services shall be purchased, used, and maintained solely at the member's expense. (d)The device should not be used for work-related purposes except in exigent circumstances (e.g., unavailability of radio communications) or as otherwise authorized by department procedures. (a)Use of a personally owned PCD for work-related business constitutes consent for the Department to access the PCD to inspect and copy the work-related data (e.g., for litigation purposes, public records retention and release obligations, internal investigations). (b)Use of and data within a personally owned PCD may be discoverable in cases when there is reason to believe it is associated with work-related misconduct. (c)Searches of a personally owned PCD by the Department should be limited to those matters reasonably associated with the work-related business or work- related misconduct. (e)The device shall not be utilized to record or disclose any department business- related information, including photographs, video, or the recording or transmittal of any information or material obtained or made accessible as a result of employment or appointment with the Department. (f)If the PCD is carried on-duty, members will provide the Department with the telephone number of the device. Golden Valley Police Department Policy Manual Personal Communication Devices Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Personal Communication Devices - 465 (g)All work-related documents, emails, photographs, recordings, and other public records created or received on a member's personally owned PCD should be transferred to the Golden Valley Police Department and deleted from the member's PCD as soon as reasonably practicable but no later than the end of the member's shift. Except with prior express authorization from their supervisors, members are not obligated or required to carry, access, monitor, or respond to electronic communications using a personally owned PCD while off-duty. If a member is in an authorized status that allows for appropriate compensation consistent with policy or existing collective bargaining agreements, or if the member has prior express authorization from their supervisor, the member may engage in department business-related communications. Should members engage in such approved off- duty communications or work, members entitled to compensation shall promptly document the time worked and communicate the information to their supervisors to ensure appropriate compensation. Members who independently document off-duty department-related business activities in any manner shall promptly provide the Department with a copy of such records to ensure accurate recordkeeping. 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.). 701.6 USE OF PCD 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 an approved carrier. (b)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). Members shall endeavor to limit their use of PCDs to authorized break times unless an emergency exists. (c)Members may use a PCD to communicate with other personnel in situations where the use of radio communications is either impracticable or not feasible. PCDs should not be used as a substitute for, as a way to avoid, or in lieu of regular radio communications. (d)Members are prohibited from taking pictures, audio or video 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 requires the express authorization of the Chief of Police or the authorized designee. Golden Valley Police Department Policy Manual Personal Communication Devices Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Personal Communication Devices - 466 (e)Members will not access social networking sites for any purpose that is not official department business. This restriction does not apply to a personally owned PCD used during authorized break times. (f)Using PCDs to harass, threaten, coerce, or otherwise engage in inappropriate conduct with any third party is prohibited. Any member having knowledge of such conduct shall promptly notify a supervisor. 701.7 SUPERVISOR RESPONSIBILITIES The responsibilities of supervisors include but are not limited to: (a)Ensuring that members under their command are provided appropriate training on the use of PCDs consistent with this policy. (b)Monitoring, to the extent practicable, PCD use in the workplace and taking prompt corrective action if a member is observed or reported to be improperly using a PCD. 1.An investigation into improper conduct should be promptly initiated when circumstances warrant. 2.Before conducting any administrative search of a member's personally owned device, supervisors should consult with the Chief of Police or the authorized designee. 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 use of these devices to matters involving official duties and, where practicable, stop the vehicle at an appropriate location to use the PCD (Minn. Stat. § 169.475). Except in an emergency, members 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 Members 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 information is not inadvertently transmitted. As soon as reasonably possible, members shall conduct sensitive or private communications on a land-based or other department communications network. 701.10 SYSTEMS MAINTENANCE The Information Technology (IT) department shall support the PCD system by providing technical oversight, including issuance, configuration, and maintenance of department-issued PCDs, ensuring these devices function properly and meet operational needs. The IT department shall implement robust security measures, such as encryption and access controls, to safeguard sensitive information and prevent unauthorized access and support compliance with data retention Golden Valley Police Department Policy Manual Personal Communication Devices Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Personal Communication Devices - 467 and deletion policies by facilitating proper data management on both department-issued and personally owned PCDs used for work-related purposes. IT shall provide technical guidance and training to ensure department members understand and adhere to best practices for secure device use. IT staff with access shall adhere to chain-of-custody requirements and complete training in data security and privacy standards to ensure compliance with applicable laws. Policy 702 Golden Valley Police Department Policy Manual Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Vehicle Maintenance - 468 Vehicle Maintenance 702.1 PURPOSE AND SCOPE 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 DAMAGE OR POOR PERFORMANCE Vehicles that may have been damaged or perform poorly shall be removed from service for inspection and repair as soon as practicable. 702.2.2 SEVERE USE Vehicles operated under severe use conditions, which include operations for which the vehicle is not designed or that exceed the manufacturer's parameters, should be removed from service and subjected to a safety inspection as soon as reasonably possible. Such conditions may include rough roadway or off-road driving, hard or extended braking, pursuits or prolonged high-speed operation. 702.2.3 REMOVAL OF WEAPONS All firearms, weapons and control devices shall be removed from a vehicle and properly secured in the department armory prior to the vehicle being released for maintenance, service or repair. 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: •20 emergency road flares •2 sticks yellow crayon or chalk •1 roll crime scene barricade tape •1 first aid kit, CPR mask •1 blanket •1 fire extinguisher Golden Valley Police Department Policy Manual Vehicle Maintenance Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Vehicle Maintenance - 469 •1 blood borne pathogen kit, including protective gloves •1 sharps container •1 hazardous waste disposal bag •1 traffic safety vest •1 hazardous materials emergency response handbook •1 evidence collection kit •1 camera 702.3.2 UNMARKED VEHICLES An employee driving an unmarked department vehicle shall ensure that, at minimum, the equipment listed below is present in the vehicle: •20 emergency road flares •1 roll crime scene barricade tape •1 first aid kit, CPR mask •1 blanket •1 blood borne pathogen kit, including protective gloves •1 sharps container •1 hazardous waste disposal bag •1 traffic safety vest •1 hazardous materials emergency response handbook •1 evidence collection kit •1 camera 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 one-quarter tank of fuel. Whenever practicable, vehicles should be fully fueled when placed into service and refueled before the level falls below one- 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. Golden Valley Police Department Policy Manual Vehicle Maintenance Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Vehicle Maintenance - 470 Officers on patrol shall obtain clearance from the dispatcher before responding to the car wash. 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. Not public data should be placed in a designated receptacle provided for the shredding of this matter. 702.6 NON-SWORN 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. Policy 703 Golden Valley Police Department Policy Manual Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Vehicle Use - 471 Vehicle Use 703.1 PURPOSE AND SCOPE The purpose of this policy is to establish a system of accountability to ensure department vehicles are used appropriately. This policy provides guidelines for on- and off-duty use of department vehicles and shall not be construed to create or imply any contractual obligation by the City of Golden Valley to provide assigned take-home vehicles. 703.2 POLICY The Golden Valley Police Department provides vehicles for department-related business and may assign patrol and unmarked vehicles based on a determination of operational efficiency, economic impact to the Department, requirements for tactical deployments and other considerations. 703.3 USE OF VEHICLES 703.3.1 SHIFT ASSIGNED VEHICLES The Shift Sergeant shall ensure a copy of the shift assignment roster, indicating member assignments and vehicle numbers, is completed for each shift and retained in accordance with the established records retention schedule. If a member exchanges vehicles during his/her shift, the new vehicle number shall be documented on the roster. 703.3.2 OTHER USE OF VEHICLES Members utilizing a vehicle for any purpose other than their normally assigned duties or normal vehicle assignment (e.g., transportation to training, community event) shall first notify the Shift Sergeant. A notation will be made on the shift assignment roster indicating the member’s name and vehicle number. This subsection does not apply to those who are assigned to transport vehicles to and from the maintenance yard or car wash. 703.3.3 INSPECTIONS 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 their shifts. 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. The interior of any vehicle that has been used to transport any person other than a member of this department 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 persons the transporting member shall search all areas of the vehicle that are accessible by the person before and after that person is transported. Golden Valley Police Department Policy Manual Vehicle Use Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Vehicle Use - 472 All department 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. 703.3.4 SECURITY AND UNATTENDED VEHICLES Unattended vehicles should be locked and secured at all times. No key should be left in the vehicle except when it is necessary that the vehicle be left running (e.g., continued activation of emergency lights, canine safety, equipment charging). Officers who exit a vehicle rapidly in an emergency situation or to engage in a foot pursuit must carefully balance the need to exit the vehicle quickly with the need to secure the vehicle. Members shall ensure all weapons are secured while the vehicle is unattended. 703.3.5 MOBILE DIGITAL COMPUTER Members assigned to vehicles equipped with a Mobile Digital Computer (MDC) shall log onto the MDC with the required information when going on-duty. If the vehicle is not equipped with a working MDC, the member shall notify Dispatch. Use of the MDC is governed by the Mobile Digital Computer Use Policy. 703.3.6 VEHICLE LOCATION SYSTEM Patrol and other vehicles, at the discretion of the Chief of Police, may be equipped with a system designed to track the vehicle’s location. While the system may provide vehicle location and other information, members are not relieved of their responsibility to use required communication practices to report their location and status. Members shall not make any unauthorized modifications to the system. At the start of each shift, members shall verify that the system is on and report any malfunctions to their supervisor. If the member finds that the system is not functioning properly at any time during the shift, he/she should exchange the vehicle for one with a working system, if available. System data may be accessed by supervisors at any time. However, access to historical data by personnel other than supervisors will require Assistant Chief approval. All data captured by the system shall be retained in accordance with the established records retention schedule. 703.3.7 KEYS Members approved to operate marked patrol vehicles should be issued a copy of the key as part of their initial equipment distribution. Members who are assigned a specific vehicle should be issued keys for that vehicle. Members shall not duplicate keys. The loss of a key shall be promptly reported in writing through the member’s chain of command. Golden Valley Police Department Policy Manual Vehicle Use Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Vehicle Use - 473 703.3.8 AUTHORIZED PASSENGERS Members operating department vehicles shall not permit persons other than City personnel or persons required to be conveyed in the performance of duty, or as otherwise authorized, to ride as passengers in the vehicle, except as stated in the Ride-Along Policy. 703.3.9 INTOXICATING SUBSTANCES Members who have consumed any intoxicating substance are prohibited from operating any department vehicle unless it is required by the duty assignment (e.g., task force, undercover work). Regardless of assignment, members may not violate state law regarding vehicle operation while intoxicated. 703.3.10 PARKING Except when responding to an emergency or when urgent department-related business requires otherwise, members driving department vehicles should obey all parking regulations at all times. Department vehicles should be parked in assigned stalls. Members shall not park privately owned vehicles in stalls assigned to department vehicles or in other areas of the parking lot that are not so designated unless authorized by a supervisor. Privately owned motorcycles shall be parked in designated areas. 703.3.11 ACCESSORIES AND/OR MODIFICATIONS There shall be no modifications, additions or removal of any equipment or accessories without written permission from the assigned vehicle program manager. 703.3.12 NON-SWORN MEMBER USE Non-sworn members using marked emergency vehicles shall ensure that all weapons have been removed before going into service. Non-sworn members shall prominently display the "out of service" placards or light bar covers at all times. Non-sworn members shall not operate the emergency lights or siren of any vehicle unless expressly authorized by a supervisor. 703.4 INDIVIDUAL MEMBER ASSIGNMENT TO VEHICLES Department vehicles may be assigned to individual members at the discretion of the Chief of Police. Vehicles may be assigned for on-duty and/or take-home use. Assigned vehicles may be changed at any time. Permission to take home a vehicle may be withdrawn at any time. The assignment of vehicles may be suspended when the member is unable to perform his/her regular assignment. 703.4.1 ON-DUTY USE Vehicle assignments shall be based on the nature of the member’s duties, job description and essential functions, and employment or appointment status. Vehicles may be reassigned or utilized by other department members at the discretion of the Chief of Police or the authorized designee. Golden Valley Police Department Policy Manual Vehicle Use Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Vehicle Use - 474 703.4.2 UNSCHEDULED TAKE-HOME USE Circumstances may arise where department vehicles must be used by members to commute to and from a work assignment. Members may take home department vehicles only with prior approval of a supervisor and shall meet the following criteria: (a)The circumstances are unplanned and were created by the needs of the Department. (b)Other reasonable transportation options are not available. (c)The member lives within a reasonable distance (generally not to exceed a 60-minute drive time) of the Golden Valley City limits. (d)Off-street parking will be available at the member’s residence. (e)Vehicles will be locked when not attended. (f)All firearms, weapons and control devices will be removed from the interior of the vehicle and properly secured in the residence when the vehicle is not attended, unless the vehicle is parked in a locked garage. 703.4.3 ASSIGNED VEHICLES Assignment of take-home vehicles shall be based on the location of the member's residence; the nature of the member's duties, job description and essential functions; and the member's employment or appointment status. Residence in the City of Golden Valley is a prime consideration for assignment of a take-home vehicle. Members who reside outside the City of Golden Valley may be required to secure the vehicle at a designated location or the Department at the discretion of the Chief of Police. Department members shall sign a take-home vehicle agreement that outlines certain standards, including, but not limited to, how the vehicle shall be used, where it shall be parked when the member is not on-duty, vehicle maintenance responsibilities and member enforcement actions. Members are cautioned that under federal and local tax rules, personal use of a City vehicle may create an income tax liability for the member. Questions regarding tax rules should be directed to the member's tax adviser. Criteria for use of take-home vehicles include the following: (a)Vehicles shall only be used for work-related purposes and shall not be used for personal errands or transports, unless the errand is enroute to or from the department or special circumstances exist and the Chief of Police or a Assistant Chief gives authorization. (b)Vehicles may be used to transport the member to and from the member's residence for work-related purposes. (c)Vehicles will not be used when off-duty except: (a)In circumstances when a member has been placed on call by the Chief of Police or Assistant Chiefs and there is a high probability that the member will be called back to duty. Golden Valley Police Department Policy Manual Vehicle Use Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Vehicle Use - 475 (b)When the member is performing a work-related function during what normally would be an off-duty period, including vehicle maintenance or traveling to or from a work-related activity or function. (c)When the member has received permission from the Chief of Police or Assistant Chiefs. (d)When the vehicle is being used by the Chief of Police, Assistant Chiefs or members who are in on-call administrative positions. (e)When the vehicle is being used by on-call investigators. (d)While operating the vehicle, authorized members will carry and have accessible their duty firearms and be prepared to perform any function they would be expected to perform while on-duty. (e)The two-way communications radio, MDC and global positioning satellite device, if equipped, must be on and set to an audible volume when the vehicle is in operation. (f)Unattended vehicles are to be locked and secured at all times. 1.No key should be left in the vehicle except when it is necessary that the vehicle be left running (e.g., continued activation of emergency lights, canine safety, equipment charging). 2.All weapons shall be secured while the vehicle is unattended. 3.All department identification, portable radios and equipment should be secured. (g)Vehicles are to be parked off-street at the member's residence unless prior arrangements have been made with the Chief of Police or the authorized designee. If the vehicle is not secured inside a locked garage, all firearms and kinetic impact weapons shall be removed and properly secured in the residence (see the Firearms Policy regarding safe storage of firearms at home). (h)Vehicles are to be secured at the member's residence or the appropriate department facility, at the discretion of the Department when a member will be away (e.g., on vacation) for periods exceeding one week. 1.If the vehicle remains at the residence of the member, the Department shall have access to the vehicle. 2.If the member is unable to provide access to the vehicle, it shall be parked at the Department. (i)The member is responsible for the care and maintenance of the vehicle. 703.4.4 ENFORCEMENT ACTIONS When driving a take-home vehicle to and from work outside of the jurisdiction of the Golden Valley Police Department or while off-duty, an officer shall not initiate enforcement actions except in those circumstances where a potential threat to life or serious property damage exists (see the Off-Duty Law Enforcement Actions and Law Enforcement Authority policies). Officers may render public assistance when it is deemed prudent (e.g., to a stranded motorist). Golden Valley Police Department Policy Manual Vehicle Use Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Vehicle Use - 476 Officers driving take-home vehicles shall be armed, appropriately attired and carry their department-issued identification. Officers should also ensure that department radio communication capabilities are maintained to the extent feasible. 703.4.5 MAINTENANCE Members are responsible for the cleanliness (exterior and interior) and overall maintenance of their assigned vehicles. Cleaning and maintenance supplies will be provided by the Department. Failure to adhere to these requirements may result in discipline and loss of vehicle assignment. The following should be performed as outlined below: (a)Members shall make daily inspections of their assigned vehicles for service/ maintenance requirements and damage. (b)It is the member’s responsibility to ensure that his/her assigned vehicle is maintained according to the established service and maintenance schedule. (c)All scheduled vehicle maintenance and car washes shall be performed as necessary at a facility approved by the department supervisor in charge of vehicle maintenance. (d)The Department shall be notified of problems with the vehicle and approve any major repairs before they are performed. (e)When leaving the vehicle at the maintenance facility, the member will complete a vehicle repair card explaining the service or repair, and leave it on the seat or dash. (f)All weapons shall be removed from any vehicle left for maintenance. (g)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 this policy. 703.5 UNMARKED VEHICLES Unmarked vehicles are assigned to various divisions and their use is restricted to the respective division and the assigned member, unless otherwise approved by a supervisor. Any member operating an unmarked vehicle shall record vehicle usage on the sign-out log maintained in the division for that purpose. Any use of unmarked vehicles by those who are not assigned to the division to which the vehicle is assigned shall also be recorded with the Shift Sergeant on the shift assignment roster. 703.6 DAMAGE, ABUSE AND MISUSE When any department vehicle is involved in a traffic collision or otherwise incurs damage, the involved member shall promptly notify a supervisor. Any collision report shall be filed with the agency having jurisdiction (see the Traffic Collisions Policy). Damage to any department 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 has been any vehicle abuse or misuse. Golden Valley Police Department Policy Manual Vehicle Use Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Vehicle Use - 477 703.7 TOLL ROADS Law enforcement vehicles are not routinely exempt from incurring toll road charges. To avoid unnecessary toll road charges, all members operating department vehicles on a toll road shall adhere to the following: (a)Members operating department vehicles 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. (b)Members passing through a toll plaza or booth during a response to an emergency shall notify, in writing, the appropriate Assistant Chief within five working days explaining the circumstances. 703.8 ATTIRE AND APPEARANCE When operating any department vehicle while off-duty, members may dress in a manner appropriate for their intended activity. Whenever in view of or in contact with the public, attire and appearance, regardless of the activity, should be suitable to reflect positively upon the Department. Policy 704 Golden Valley Police Department Policy Manual Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Assigned Patrol Use Vehicle Policy - 478 Assigned Patrol Use Vehicle Policy 704.1 PURPOSE AND SCOPE The Department may assign a patrol use vehicle to full-time officers. This policy shall not be construed to create or imply any contractual obligation by City to assign patrol use vehicles and such assignment is at the discretion of the Chief of Police. Assigned patrol use vehicles have demonstrated a long-term fiscal and service benefit to the City. Vehicles are provided better care during operation and storage and accumulate fewer service miles and hours of operation. This vehicle assignment results in an extended vehicle service life over pool patrol use vehicle assignment. Vehicles subsequently require less frequent replacement and reduced frequency of transfer and replacement of support equipment (radios, emergency, safety equipment). Ultimately per-mile operational costs are reduced. 704.2 LOGISTICS The Department recognizes that the placement of all patrol vehicles in one location or a select few locations renders an increased risk of fleet damage due to act of nature or disaster (e.g., hail damage, tornado, floods, snowstorms) as well as planned or opportunity-based intentional damage and vandalism, domestic destruction and/or terrorism. These conditions could render the entire Department fleet unavailable for deployment. 704.3 DEFINITION Patrol Use Vehicle - Includes, but is not limited to, any marked or unmarked squad car, transport, truck, plow, ATV, snowmobile, boat, hovercraft, rescue craft, jet-ski, dive vehicle, SERT vehicle, Mobile Crime Lab, undercover or unmarked vehicle or deployment trailers provided by the Department for the purpose of the job duties required by public safety or emergency response duties or essential job functions. 704.4 ASSIGNMENT OF PATROL USE VEHICLES Assignment of Police patrol use vehicles shall be governed solely by the City and the Department under the discretion of the Chief of Police. 704.4.1 ELIGIBILITY Eligibility for assignment of a patrol use vehicle requires the officer to be in good standing with Department. 704.4.2 ASSIGNMENT GUIDELINES AND USE CRITERIA Guidelines for assignment determination and criteria for use of patrol use vehicles include the following: (a)The location of the officer's home, nature of the officer's duties, job description and essential functions and employment status. Residence in the City is a prime consideration. Golden Valley Police Department Policy Manual Assigned Patrol Use Vehicle Policy Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Assigned Patrol Use Vehicle Policy - 479 (b)The Chief of Police retains the right to assign/revoke any or all assigned patrol use vehicle. (c)Patrol use vehicles should be operated in accordance with Department policy and state law. (d)Patrol use vehicles shall not be used for unapproved use, either on- or off-duty and are restricted to operation by City employees, peace officers assigned to the City or by peace officers under their direction. (e)Patrol use vehicles are to be parked off-street at the officer's residence unless prior arrangements have been made with the Chief of Police or designee. (f)Patrol use vehicles are subject to inspection, search and validation of location at all times by the Chief of Police, designee or any on-duty supervisor. (g)Patrol use vehicles are to be secured at the officer's home or the Department when an officer is on vacation. If the vehicle remains at the home of the officer, the Department shall have access to the vehicle, including if garaged. If the officer is unable or unwilling to provide access the patrol use vehicle it shall be parked at the Department. (h)A patrol use vehicle despite assignment to an officer for specific duties may be re-assigned or utilized by other Department personnel at the discretion of the Department. (i)The assignment of patrol use vehicles may be suspended when the officer is unable to perform his/her regular assignment. (j)Officers who live outside the City who may be assigned a patrol use vehicle may be required to secure or garage the vehicle at a designated location or the central office at the discretion of the Chief of Police. (k)Any patrol use vehicle assignment that is declined will be secured or garaged at a designated location or the station. (l)Patrol use vehicles will not be used by members when off-duty with the following exceptions: 1.On-call administrative positions, Chief of Police and Assistant Chiefs. 2.On-call investigators. 3.In circumstances when an officer has been placed on call by the Chief of Police or Assistant Chiefs and there is a high possibility the officer will be called back to duty. 4.When the officer is performing a work-related function while off-duty, including patrol use vehicle maintenance or travelling to or from a work-related activity or function. 5.When the officer has received permission for the use of the patrol use vehicle from the Chief of Police or Assistant Chiefs. (m)An officer's family members or other persons shall not ride in any City vehicle except as stated in the Ride Along Policy and under the following exceptions. Golden Valley Police Department Policy Manual Assigned Patrol Use Vehicle Policy Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Assigned Patrol Use Vehicle Policy - 480 1.The officer will not operate the patrol/use vehicle at emergency response speeds with family members in the vehicle. 2.Family members may ride with officers during assignments when the officer is not considered to be on duty for regular duties under the following circumstances: (a)Out-of-City overnight schools and conferences. (b)Parade or community engagementfunctions as approved by the appropriate supervisor. (c)As authorized by the Chief of Police or Assistant Chiefs. (d)The officer is called to duty and it is reasonably necessary drop off the family member(s) at a safe location prior to responding to the call. (n)Officers are prohibited from operating a City-owned vehicle when on- or off-duty if the officer is or has been consuming alcohol or is otherwise intoxicated, unless required by their duty assignment (task force, undercover work, etc.). However, regardless of assignment employees may not violate state law regarding vehicle operation while intoxicated. (o)Whenever operating vehicles owned by the Department whether on- or off-duty the officer will be carry and have accessible his/her duty firearm and be prepared to perform any function they would be expected to perform while on duty. (p)The two-way communications radio, MDC and Global Positioning Satellite device, if equipped, must be on and set to an audible volume when the vehicle is in operation. (q)Officers shall ensure all weapons are secure while the patrol use vehicle is unattended. (r)Unattended patrol use vehicles are to be locked and secure at all times. No key should be left in the vehicle except when it is necessary that the vehicle be left running (e.g., continued activation of emergency lights, canine environmental safety and charging). The Chief of Police or designee may make exceptions to these provisions. 704.5 VEHICLE ALTERATIONS Alterations of any type to a patrol use vehicle require prior written authorization of the Chief of Police or designee. 704.6 OFFICER MAINTENANCE RESPONSIBILITIES Officers will be responsible for the upkeep of their assigned patrol use vehicle. Failure to adhere to these requirements may result in discipline and loss of patrol use vehicle assignment. The following should be performed as outlined below: (a)When in operation the officer must be prepared and reasonably available to respond to emergency. If officers are summoned to, or involved in, a law enforcement activity shall notify dispatch of their response or activity and should continue the action until canceled or concluded. Golden Valley Police Department Policy Manual Assigned Patrol Use Vehicle Policy Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Assigned Patrol Use Vehicle Policy - 481 (b)Vehicles should be fueled at the end of each shift to prepare for an emergency response at the next use. (c)Upon start of shift check all fluid levels, tires, all safety and emergency equipment, interior and exterior to make verify the vehicle is in a safe operating condition and prepared for emergency service. (d)At the start and end of any use inspect the vehicle for any damage. If damage is discovered, advise your immediate supervisor. (e)Vehicle is kept clean both inside and out as is reasonable and all work-related and issued equipment is in the patrol use vehicle. The appearance of the vehicle reflects directly upon the officer and the entire Department. (f)Ensure all scheduled vehicle maintenance and car washes are performed as necessary at a facility approved by the Department supervisor in charge of vehicle maintenance. The Department shall be notified of problems with Department-owned vehicles and approve any major repairs before they are performed. Scheduled regular maintenance, unless specified otherwise, is to perform vehicle maintenance as set by the vehicle manufacturer. This includes no less than: 1.Belts, battery, fluids and radiator. 2.Tune-ups, tires, brakes. 3.Lube, oil and filter service every 3,500 miles. (g)Vehicle maintenance should not be delayed and should be coordinated in advance when reasonably possible for completion during an officer's regular duty time to minimize cost to the City. If unanticipated circumstances thwart such advance planning, the officer should arrange an alternative for timely vehicle maintenance with the Department supervisor in charge of vehicle maintenance. Vehicle maintenance during off-duty time resulting in overtime pay should be avoided and is warranted only in unusual circumstances after prior approval of a supervisor. (h)Receipts for all maintenance and service work should be submitted monthly to the Department supervisor in charge of vehicle maintenance. (i)Vehicles should be plugged in when temperature drops below 10 degrees Fahrenheit. 704.7 ATTIRE AND APPEARANCE When operating a patrol use vehicle off-duty officers may dress in a manner appropriate for their intended activity. Whenever in view of or in contact with the public attire and appearance regardless of the activity should be suitable to reflect positively upon the Department. Policy 705 Golden Valley Police Department Policy Manual Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Cash Handling, Security and Management - 482 Cash Handling, Security and Management 705.1 PURPOSE AND SCOPE This policy provides guidelines to ensure department members handle cash appropriately in the performance of their duties. This policy does not address cash-handling issues specific to the Property and Evidence Room and Informants policies. 705.2 POLICY It is the policy of the Golden Valley Police Department to properly handle and document cash transactions and to maintain accurate records of cash transactions in order to protect the integrity of department operations and ensure the public trust. 705.3 PETTY CASH FUNDS The Chief of Police shall designate a person as the fund manager responsible for maintaining and managing the petty cash fund. Each petty cash fund requires the creation and maintenance of an accurate and current transaction ledger and the filing of invoices, receipts, cash transfer forms and expense reports by the fund manager. 705.4 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. 705.5 PETTY CASH AUDITS The fund manager shall perform an audit no less than once every six months. This audit requires that the manager and at least one other command staff member, selected by the Chief of Police, review the ledger and verify the accuracy of the accounting. The fund manager and the participating member shall sign or otherwise validate 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. Transference of fund management to another member shall require a separate petty cash audit and involve a command staff member. A separate audit of each petty cash fund should be completed on a random date, approximately once each year by the Chief of Police and the City Finance Director. Golden Valley Police Department Policy Manual Cash Handling, Security and Management Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Cash Handling, Security and Management - 483 705.6 ROUTINE CASH HANDLING Those who handle cash as part of their property or Investigations supervisor duties shall discharge those duties in accordance with the Property and Evidence Room and Informants policies. Members who routinely accept payment for department services shall discharge those duties in accordance with the procedures established for those tasks. Members that routinely handle cash or are expected to handle cash shall receive cash handling training once per year provided by the Finance Department. 705.7 OTHER CASH HANDLING Members of the Department who, within the course of their duties, are in possession of cash that is not their property or is outside their defined cash-handling responsibilities shall, as soon as practicable, verify the amount, summon another member to verify their accounting, and process the cash for safekeeping or as evidence or found property, in accordance with the Property and Evidence Room and Informants policies. Cash in excess of $500requires immediate notification of a supervisor, special handling, verification and accounting by the supervisor. Each member involved in this process shall complete an appropriate report or record entry. Policy 706 Golden Valley Police Department Policy Manual Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Personal Protective Equipment - 484 Personal Protective Equipment 706.1 PURPOSE AND SCOPE This policy identifies the different types of personal protective equipment (PPE) provided by the Department as well the requirements and guidelines for the use of PPE. This policy does not address ballistic vests or protection from communicable disease, as those issues are addressed in the Body Armor and Communicable Diseases policies._ 706.1.1 DEFINITIONS Definitions related to this policy include: Personal protective equipment (PPE) - Equipment that protects a person from serious workplace injuries or illnesses resulting from contact with chemical, radiological, physical, electrical, mechanical, or other workplace hazards. Respiratory PPE - Any device that is worn by the user to protect from exposure to atmospheres where there is smoke, low levels of oxygen, high levels of carbon monoxide, or the presence of toxic gases or other respiratory hazards. For purposes of this policy, respiratory PPE does not include particulate-filtering masks such as N95 or N100 masks. 706.2 POLICY The Golden Valley Police Department endeavors to protect members by supplying certain PPE to members as provided in this policy. 706.3 OFFICER RESPONSIBILITIES Members are required to use PPE as provided in this policy and pursuant to their training. Members are responsible for proper maintenance and storage of issued PPE. PPE should be stored in an appropriate location so that it is available when needed. Any member who identifies hazards in the workplace is encouraged to utilize the procedures in the Workplace Accident and Injury Reduction Policy to recommend new or improved PPE or additional needs for PPE. 706.4 HEARING PROTECTION Approved hearing protection shall be used by members during firearms training. Hearing protection shall meet or exceed industry standards for use at firing ranges (29 CFR 1910.95; Minn. R. 5205.0010). 706.5 EYE PROTECTION Approved eye protection, including side protection, shall be used by members during firearms training. Eye protection for members who wear prescription lenses shall incorporate the Golden Valley Police Department Policy Manual Personal Protective Equipment Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Personal Protective Equipment - 485 prescription (e.g., eye protection that can be worn over prescription lenses). Members shall ensure their eye protection does not interfere with the fit of their hearing protection. The Training Sergeant shall ensure eye protection meets or exceeds consensus standards set by the American National Standards Institute (29 CFR 1910.133; Minn. R. 5205.0010). 706.6 HEAD AND BODY PROTECTION Members who make arrests or control crowds should be provided ballistic head protection with an attachable face shield. Padded body protection consisting of chest, arm, leg, and groin protection should be provided as required by any collective bargaining agreement. 706.7 RESPIRATORY PROTECTION The Administrative Support Assistant Chief is responsible for ensuring a respiratory protection plan is developed and maintained by a trained and qualified member. The plan shall include procedures for (29 CFR 1910.134; Minn. R. 5205.0010): (a)Selecting appropriate respiratory PPE based on hazards and risks associated with functions or positions. (b)Fit testing, including identification of members or contractors qualified to conduct fit testing. (c)Medical evaluations. (d)PPE inventory control. (e)PPE issuance and replacement. (f)Cleaning, disinfecting, storing, inspecting, repairing, discarding, and otherwise maintaining respiratory PPE, including schedules for these activities. (g)Regularly reviewing the PPE plan. (h)Remaining current with applicable National Institute for Occupational Safety and Health (NIOSH), American National Standards Institute (ANSI), Occupational Safety and Health Administration (OSHA), Environmental Protective Agency (EPA), and state PPE standards and guidelines. 706.7.1 RESPIRATORY PROTECTION USE Designated members may be issued respiratory PPE based on the member’s assignment (e.g., a narcotics investigator who is involved in clandestine lab investigations). Respiratory PPE may be worn when authorized by a scene commander who will determine the type and level of protection appropriate at a scene based upon an evaluation of the hazards present. Scene commanders are responsible for monitoring members using respiratory PPE and their degree of exposure or stress. When there is a change in work area conditions or when a member’s degree of exposure or stress may affect respirator effectiveness, the scene commander shall Golden Valley Police Department Policy Manual Personal Protective Equipment Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Personal Protective Equipment - 486 reevaluate the continued effectiveness of the respirator and direct the member to leave the respirator use area when the scene commander reasonably believes (29 CFR 1910.134; Minn. R. 5205.0010): (a)It is necessary for the member to wash his/her face and the respirator facepiece to prevent eye or skin irritation associated with respirator use. (b)The member detects vapor or gas breakthrough, or there is a change in breathing resistance or leakage of the facepiece. (c)The member needs to replace the respirator, filter, cartridge, or canister. 706.7.2 MEMBER RESPONSIBILITIES FOR RESPIRATORY PROTECTION Members shall not use self-contained breathing apparatus (SCBA), full-face respirators, or cartridge respirators unless they have completed training requirements for the equipment. Members exposed to environments that are reasonably known to be harmful due to gases, smoke, or vapors shall use respiratory PPE. Members using respiratory PPE shall (29 CFR 1910.134; Minn. R. 5205.0010): (a)Ensure that they have no facial hair between the sealing surface of the facepiece and the face that could interfere with the seal or the valve function. Members also shall ensure that they have no other condition that will interfere with the face-to-facepiece seal or the valve function. (b)Not wear corrective glasses, goggles, or other PPE that interferes with the seal of the facepiece to the face, or that has not been previously tested for use with that respiratory equipment. (c)Perform a user seal check per department-approved procedures recommended by the respirator manufacturer each time they put on a tight-fitting respirator. (d)Leave a respiratory use area whenever they detect vapor or gas breakthrough, changes in breathing resistance or leakage of their facepiece and ensure that the respirator is replaced or repaired before returning to the affected area. 706.7.3 GAS MASK Full-face air-purifying respirators, commonly referred to as gas masks, may be fitted with mechanical pre-filters or combination cartridge/filter assemblies for use in areas where gases, vapors, dusts, fumes, or mists are present. Members must identify and use the correct cartridge based on the circumstances (29 CFR 1910.134; Minn. R. 5205.0010). A scene commander may order the use of gas masks in situations where the use of an SCBA is not necessary. These incidents may include areas where tear gas has or will be used or where a vegetation fire is burning. Gas masks shall not be used if there is a potential for an oxygen- deficient atmosphere. Members shall ensure their gas mask filters are replaced whenever: (a)They smell, taste, or are irritated by a contaminant. Golden Valley Police Department Policy Manual Personal Protective Equipment Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Personal Protective Equipment - 487 (b)They experience difficulty breathing due to filter loading. (c)The cartridges or filters become wet. (d)The expiration date on the cartridges or canisters has been reached. 706.7.4 SELF-CONTAINED BREATHING APPARATUS Scene commanders may direct members to use SCBA when entering an atmosphere that may pose an immediate threat to life, would cause irreversible adverse health effects, or would impair an individual's ability to escape from a dangerous atmosphere. These situations may include but are not limited to: (a)Entering the hot zone of a hazardous materials incident. (b)Entering any area where contaminant levels may become unsafe without warning, or any situation where exposures cannot be identified or reasonably estimated. (c)Entering a smoke- or chemical-filled area. The use of SCBA should not cease until approved by a scene commander. 706.7.5 RESPIRATOR FIT TESTING No member shall be issued respiratory PPE until a proper fit testing has been completed by a designated member or contractor (29 CFR 1910.134; Minn. R. 5205.0010). After initial testing, fit testing for respiratory PPE shall be repeated (29 CFR 1910.134; Minn. R. 5205.0010): (a)At least once every 12 months. (b)Whenever there are changes in the type of SCBA or facepiece used. (c)Whenever there are significant physical changes in the user (e.g., obvious change in body weight, scarring of the face seal area, dental changes, cosmetic surgery, or any other condition that may affect the fit of the facepiece seal). All respirator fit testing shall be conducted in negative-pressure mode. 706.7.6 RESPIRATORY MEDICAL EVALUATION QUESTIONNAIRE No member shall be issued respiratory protection that forms a complete seal around the face until (29 CFR 1910.134; Minn. R. 5205.0010): (a)The member has completed a medical evaluation that includes a medical evaluation questionnaire. (b)A physician or other licensed health care professional has reviewed the questionnaire. (c)The member has completed any physical examination recommended by the reviewing physician or health care professional. 706.8 RECORDS The Training Coordinator is responsible for maintaining records of all: (a)PPE training. Golden Valley Police Department Policy Manual Personal Protective Equipment Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Personal Protective Equipment - 488 (b)Initial fit testing for respiratory protection equipment. (c)Annual fit testing. (d)Respirator medical evaluation questionnaires and any subsequent physical examination results. 1.These records shall be maintained in a separate confidential medical file. The records shall be maintained in accordance with the department records retention schedule, 29 CFR 1910.1020, and Minn. R. 5205.0010. 706.9 TRAINING Members should be trained in the respiratory and other hazards to which they may be potentially exposed during routine and emergency situations. All members shall be trained in the proper use and maintenance of PPE issued to them, including when the use is appropriate; how to put on, remove, and adjust PPE; how to care for the PPE; and the limitations (29 CFR 1910.132; Minn. R. 5205.0010). Members issued respiratory PPE shall attend annual training on the proper use of respiratory protection devices (29 CFR 1910.134; Minn. R. 5205.0010). Golden Valley Police Department Policy Manual Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Support Services - 489 Chapter 8 - Support Services Policy 800 Golden Valley Police Department Policy Manual Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Crime Analysis - 490 Crime Analysis 800.1 PURPOSE AND SCOPE 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 •Local Crime analyst 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 Golden Valley Police Department Policy Manual Crime Analysis Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Crime Analysis - 491 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. Policy 801 Golden Valley Police Department Policy Manual Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Property and Evidence Room - 492 Property and Evidence Room 801.1 PURPOSE AND SCOPE 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 AND EVIDENCE ROOM SECURITY The Property and Evidence Room shall maintain secure storage and control of all property necessitating custody by the Department. The property room technicianproperty and evidence technician reports to the the Administrative Assistant Chief and is responsible for the security of the Property and Evidence Room. The property room technician is responsible for maintaining security. Any individual entering the Property and Evidence Room other than someone authorized by the property and evidence technician room technician or their designee must be accompanied by the room techor the Investigation Division supervisor 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 their 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. 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 Golden Valley Police Department Policy Manual Property and Evidence Room Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Property and Evidence Room - 493 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 committing or aiding in committing a robbery, carjacking, or 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 the officer's 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 items. 801.3.1 PROPERTY BOOKING PROCEDURE All property must be booked prior to the employee going off-duty. Employees booking property shall observe the following guidelines: (a)Complete the property label 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 mark each item of evidence with initials and date. (c)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. (d)Complete an evidence/property tag and attach it to each package or envelope in which the property is stored. (e)Place the case number in the upper right hand corner or in the appropriate field of the evidence/property tag. (f)The original property documentation shall be submitted with the case report. A copy shall be placed with the property in the temporary property locker or with the property if it is stored somewhere other than a property locker. (g)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 booked separately using a separate property record. Drug paraphernalia shall also be booked separately. Golden Valley Police Department Policy Manual Property and Evidence Room Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Property and Evidence Room - 494 The officer seizing the narcotics and dangerous drugs shall place them in the designated temporary property locker accompanied by two copies of the form for the Support Staff and investigators. The original will be detached and submitted with the case report. 801.3.3 EXPLOSIVES Officers who encounter a suspected explosive device shall promptly notify the immediate supervisor or the Shift Sergeant. 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 booked into property. All such items shall be stored in proper containers and in an area designated for the storage of flammable materials. The property and evidence technician is responsible for transporting to the fire department, on a regular basis, any fireworks or signaling devices that are not retained as evidence. 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 air-dried prior to booking. (b)License plates found not to be stolen or connected with a known crime, should be released directly to the property and evidence technician or placed in the designated container for return to the Minnesota Department of Driver and Vehicle Services. No formal property booking process is required. (c)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 until a property and evidence technician can log the property. (d)All cash shall be counted in the presence of another officer and the envelope initialed by both officers. A supervisor shall be contacted for cash in excess of $500. The supervisor shall also witness the count, and will initial and date the property documentation and specify any additional security procedures to be used. (e)All evidence collected by personnel processing a crime scene 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 booking is required. In cases where no responsible person can be located, the property should be booked for safekeeping in the normal manner. 801.3.5 COURT-ORDERED FIREARM SURRENDERS (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, Golden Valley Police Department Policy Manual Property and Evidence Room Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Property and Evidence Room - 495 Subd. 3; Minn. Stat. § 518B.01, Subd. 6; Minn. Stat. § 609.2242, Subd. 3; Minn. Stat. § 609.749, Subd. 8; Minn. Stat. § 624.7175). See ERPO policy (b)Members accepting surrendered firearms should complete a standardized Firearms Proof of Transfer form, if available. If the surrender relates to an extreme risk protection order, the individual should be provided with a copy of the Proof of Transfer form (Minn. Stat. § 624.7175). If a standard form is not available, an evidence/property form should be used and include the following information: 1.Whether the firearm is being transferred temporarily or permanently 2.The abusing party or defendant's name 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.The Department 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 and Evidence 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 and Evidence 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 PACKAGING OF PROPERTY Packaging will conform to the Property Packaging Procedures. Certain items require special consideration and shall be booked separately as follows: Golden Valley Police Department Policy Manual Property and Evidence Room Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Property and Evidence Room - 496 (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 801.4.1 PACKAGING CONTAINER Employees shall package all property, except controlled substances in a suitable container available for its size. Knife boxes 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 packaged together. 801.4.2 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 drug locker, accompanied by two copies of the property record. 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 the report room. The booking officer shall initial the sealed envelope and the initials covered with cellophane tape. Controlled substances shall not be packaged with other property. The booking officer shall weigh the suspected narcotics or dangerous drugs in the container in which it was seized. A full description of the item, along with packaging and total weight of the item as seized, will be placed in the case report and on the property label. After packaging and sealing as required, the entire package will be weighed and the Gross Package Weight (GPW) will be written on the outside of the package, initialed and dated by the packaging officer. The GPW will be verified every time the package is checked in or out of the Property and Evidence Room and any discrepancies noted on the outside of the package. Any change in weight should be immediately reported to the Investigation supervisor. A completed property tag shall be attached to the outside of the container. The chain of evidence shall be recorded on the back of this tag. 801.4.3 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 room tech refuse an item, they shall maintain Golden Valley Police Department Policy Manual Property and Evidence Room Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Property and Evidence Room - 497 secure custody of the item in a temporary property locker and inform the supervisor of the submitting officer. 801.5 RECORDING OF PROPERTY The room tech receiving custody of evidence or property shall inventory each piece of property received. This inventory will be the permanent record of the property in the Property and Evidence Room. The room tech will record all inventoried property and ensure the ability to identify which property room tech processed the property. A property log shall be maintained and a unique property number created for each piece of property received. The log 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 or group of items from the log. This number shall be recorded on the property tag and the property control card. Any changes in the location of property held by the Golden Valley Police Department shall be noted in the property log. 801.6 PROPERTY CONTROL Each time the tech receives property or releases property to another person, they shall document this information. Officers desiring property for court shall contact the tech at least (3) days prior to the court day. 801.6.1 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 investigator. Request for analysis for items other than controlled substances shall be completed on the appropriate forms and submitted to the property and evidence technician. This request may be filled out any time after booking of the property or evidence. 801.6.2 TRANSFER OF EVIDENCE TO CRIME LABORATORY The transporting employee will check the evidence out of property, documenting i the date and time and the request for laboratory analysis. The techreleasing the evidence must document the release. The lab forms will be transported with the property to the examining laboratory. Upon delivering the item involved, the officer will record the delivery time on both copies and indicate the locker in which the item was placed or the 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 Staff for filing with the case. Golden Valley Police Department Policy Manual Property and Evidence Room Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Property and Evidence Room - 498 801.6.3 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 documented stating the date, time and to whom it was released. The property and evidence technician tech 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 documented indicating date, time and the person who returned the property. 801.6.4 AUTHORITY TO RELEASE PROPERTY The property and evidence technician shall not release any property without a signed authorization from an appropriate authorized member of the Department. The Investigation Unit 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. If the property is alleged to have been wrongfully taken, the property may be returned to the owner in accordance with the requirements of Minn. Stat. § 609.523. 801.6.5 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. 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 90 days. During such period, property personnel shall attempt to contact the rightful owner by telephone and/or mail when Golden Valley Police Department Policy Manual Property and Evidence Room Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Property and Evidence Room - 499 sufficient identifying information is available. Property not held for any other purpose and not claimed within 90 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 tech 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 control card, the card shall be forwarded to the Support Staff for filing with the case. If some items of property have not been released, the property card will remain with the Property and Evidence Room. Upon release or other form of disposal, the proper entry shall be recorded in all property documentation and logs. 801.6.6 STOLEN OR EMBEZZLED PROPERTY Stolen or embezzled property or property believed to be stolen or embezzled that is in the custody of this department may 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 and Evidence 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. 801.6.7 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. 801.6.8 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. Golden Valley Police Department Policy Manual Property and Evidence Room Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Property and Evidence Room - 500 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. 801.7 DISPOSITION OF PROPERTY All property not held for evidence in a pending criminal investigation or proceeding, and held for six months or longer where the owner has not been located or fails to claim the property, may be disposed of in compliance with existing laws 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. 801.7.1 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)). 801.7.2 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 this policy Minn. Stat. § 345.38 and Minn. Stat. § 345.75). 801.7.3 SHERIFF SEIZURES AND SALES A deputy may seize and retain any personal property abandoned upon any public way, sidewalk or other public place, or any property entered as evidence in a judicial proceeding following its release by the court (Minn. Stat. § 345.15). After holding the property for a period of at least 90 Golden Valley Police Department Policy Manual Property and Evidence Room Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Property and Evidence Room - 501 days, it may be sold at a public auction. The net proceeds of the sale shall be transferred to the general revenue fund of the county, minus the cost of handling, storage or sale. 801.7.4 RETENTION OF BIOLOGICAL EVIDENCE The Property and Evidence Room Supervisor shall ensure that no biological evidence held by the Department is destroyed without adequate notification to the following persons, when applicable: (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 Property and Evidence Room Supervisor 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. 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 Property and Evidence Room Supervisor determines that such destruction is consistent with Minn. Stat. § 590.10 and the above notices have been made. 801.8 REPORT OF ABANDONED PROPERTY (MONEY) The Investigation Unit supervisor 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 June 30 each year and is to be filed before November 1 each year (Minn. Stat. § 345.41). 801.9 INSPECTIONS OF THE PROPERTY AND EVIDENCE ROOM On a monthly basis, the Property room technician 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. Golden Valley Police Department Policy Manual Property and Evidence Room Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Property and Evidence Room - 502 (b)An annual audit of evidence held by the Department shall be conducted by a Assistant Chief 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 and Evidence Room, the Chief of Police shall be advised. Policy 802 Golden Valley Police Department Policy Manual Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Records - 503 Records 802.1 PURPOSE AND SCOPE This policy establishes the guidelines for the operational functions of the Golden Valley Police Department_Support Staff. The policy addresses department file access and internal requests for case reports. 802.2 FILE ACCESS AND SECURITY The security of files in the Support Staff must be a high priority and shall be maintained as mandated by state or federal law. All case reports including but not limited to initial, supplemental, follow-up, evidence, and any other reports related to a police_department case, including field interview (FI) cards, criminal history records, and publicly accessible logs, shall be maintained in a secure area within the Support Staff, accessible only by authorized members of the Support Staff. Access to case reports or files when Support Staff staff is not available may be obtained through the Shift Sergeant. The Support Staff will also maintain a secure file for case reports deemed by the Chief of Police as sensitive or otherwise requiring extraordinary access restrictions. 802.2.1 ORIGINAL CASE REPORTS Generally, original case reports shall not be removed from the Support Staff. Should an original case report be needed for any reason, the requesting department member shall first obtain authorization from the Police Front Office Supervisor. All original case reports removed from the Support Staff shall be recorded on a designated report check-out log, which shall be the only authorized manner by which an original case report may be removed from the Support Staff. All original case reports to be removed from the Support Staff shall be photocopied and the photocopy retained in the file location of the original case report until the original is returned to the Support Staff. The photocopied report shall be shredded upon return of the original report to the file. 802.3 RECORDS MANAGER TRAINING The Police Front Office 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 POLICY It is the policy of the Golden Valley Police Department to maintain department records securely, professionally, and efficiently. 802.5 RESPONSIBILITIES Golden Valley Police Department Policy Manual Records Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Records - 504 802.5.1 POLICE FRONT OFFICE SUPERVISOR The Chief of Police shall appoint and delegate certain responsibilities to a Police Front Office Supervisor. The Police Front Office Supervisor shall be directly responsible to the Administrative Support Assistant Chief or the authorized designee. The responsibilities of the Police Front Office Supervisor include, but are not limited to: (a)Overseeing the efficient and effective operation of the Support Staff. (b)Scheduling and maintaining Support Staff time records. (c)Supervising, training, and evaluating Support Staff staff. (d)Maintaining and updating a Support Staff procedure manual. (e)Ensuring compliance with established policies and procedures. (f)Supervising the access, use, and release of protected information (see the Protected Information Policy). (g)Establishing security and access protocols for case reports designated as sensitive, where additional restrictions to access have been implemented. Sensitive reports may include but are not limited to: 1.Homicides 2.Cases involving department members or public officials 3.Any case where restricted access is prudent 802.5.2 SUPPORT STAFF The responsibilities of the Support Staff include but are not limited to: (a)Maintaining a records management system for case reports. 1.The records management system should include a process for numbering, identifying, tracking, and retrieving case reports. (b)Entering case report information into the records management system. 1.Modification of case reports shall only be made when authorized by a supervisor. (c)Providing members of the Department with access to case reports when needed for investigation or court proceedings. (d)Maintaining compliance with federal, state, and local regulations regarding reporting requirements of crime statistics. (e)Maintaining compliance with federal, state, and local regulations regarding criminal history reports and auditing. (f)Identifying missing case reports and notifying the responsible member's supervisor. (g)Establishing a process for collecting and submitting data to appropriate federal data collection authorities (e.g., FBI National Use-of-Force Data Collection, U.S. Department of Justice's National Law Enforcement Accountability Database), as applicable, for the following types of occurrences: Golden Valley Police Department Policy Manual Records Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Records - 505 1.Officer suicides 2.Officer misconduct 3.Uses of force 4.Officer deaths or assaults 5.Crime incidents 6.Deaths in custody (h)Transmitting data annually to the superintendent of the Bureau of Criminal Apprehension on the number of mobile tracking device search warrants obtained by the Department as provided in Minn. Stat. § 626A.35. (i)Transmitting carjacking information annually to the Commissioner of Public Safety as provided in Minn. Stat. § 626.5535. 802.6 CONFIDENTIALITY Support Staff staff has access to information that may be confidential or sensitive in nature. Support Staff staff shall not access, view, or distribute, or allow anyone else to access, view, or distribute any record, file, or report, whether in hard copy or electronic file format, or any other confidential, protected, or sensitive information except in accordance with the Records Maintenance and Release and Protected Information policies, the Minnesota Government Data Practices Act, and the Support Staff procedure manual. Policy 803 Golden Valley Police Department Policy Manual Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Records Maintenance and Release - 506 Records Maintenance and Release 803.1 PURPOSE AND SCOPE This policy provides guidance on the maintenance and release of department records. Protected information is separately covered in the Protected Information Policy. 803.1.1 DEFINITIONS Definitions related to this policy include: 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). 803.2 POLICY The Golden Valley 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). 803.3 CUSTODIAN OF RECORDS RESPONSIBILITIES The City's Responsible Authority (City Clerk), in consultation with the Chief of Police, shall designate a Department Data Designee. The Department Data Designee may also be referred to in this policy manual as the Custodian of Records. The responsibilities of the Department Data Designee include, but are not limited to: (a)Serving as the department designee. (b)Ensuring compliance with the Minnesota Government Data Practices Act (MGDPA). (c)Processing data requests. Golden Valley Police Department Policy Manual Records Maintenance and Release Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Records Maintenance and Release - 507 (d)Answering inquiries from the public concerning departmental data. (e)In consultation with the Responsible Authority and IT, 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). (f)In consultation with the Responsible Authority, maintaining and updating the department records retention schedule, including: (a)Identifying the minimum length of time the Department must keep data. (b)Identifying the department division responsible for the original data. (g)In consultation with the Responsible Authority, establishing rules regarding the inspection and copying of department data as reasonably necessary for the protection of such data. (h)Identifying data or portions of data that are confidential under state or federal law and not open for inspection or copying. (i)In consultation the City Attorney's Office, establishing rules regarding the processing of subpoenas for the production of data. (j)Ensuring a current schedule of fees for public data as allowed by law is available. (k)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). (l)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) and City policy. (m)Ensuring that the current version of each department policy identified in Minn. R. 6700.1615 is posted on the department's website or otherwise posted in the public area of the Department in accordance with Minn. R. 6700.1615 (Minn. R. 6700.1615, Subd. 2). 803.4 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. Members are encouraged to direct persons requesting data to the City's online Public Records Request Portal. If the Custodian of Records or the authorized designee receives a request for data that has not been submitted to the City's online portal, the administrative staff member receiving the request shall log the request in the portal. 803.4.1 REQUESTS FOR RECORDS Records requests shall be handled pursuant to the City's Data Practices Policies. All requests shall be logged and processed via the City's online data request portal. In the event of a conflict between this policy and the City's Data Practices Policies, the City's Data Practices Policies shall govern. The processing of requests for data is subject to the following: Golden Valley Police Department Policy Manual Records Maintenance and Release Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Records Maintenance and Release - 508 (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. 803.5 RELEASE RESTRICTIONS Examples of release restrictions include: (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 Golden Valley Police Department Policy Manual Records Maintenance and Release Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Records Maintenance and Release - 509 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 8.A judicial official as described in Minn. Stat. § 480.40 (Minn. Stat. § 13.991) (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): (a)If the release of the data would jeopardize another ongoing investigation or would reveal the identity of protected individuals or is otherwise restricted. (b)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. (c)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, identification data, arrest data, prosecution data, criminal court data, and custody and supervision data (Minn. Stat. § 13.87). (g)Traffic collision reports and related supplemental information (Minn. Stat. § 169.09, Subd. 13). Golden Valley Police Department Policy Manual Records Maintenance and Release Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Records Maintenance and Release - 510 (h)Corrections and detention data (Minn. Stat. § 13.85). (i)Personnel data except, unless otherwise restricted (Minn. Stat. § 13.43, Subd. 2): (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 nonpublic data (i)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 Police Chief 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). (m)Any data on individuals receiving peer counseling or critical incident stress management services (Minn. Stat. § 13.02, Subd. 12; Minn. Stat. § 181.9731; Minn. Stat. § 181.9732). This is not an exhaustive or unchanging list of data classifications. 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). Staff responding to requests for data should consult the MGDPA and City policies prior to releasing the data and direct any questions about data requests to the City Clerk's Office or the City Attorney. Golden Valley Police Department Policy Manual Records Maintenance and Release Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Records Maintenance and Release - 511 803.6 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 Prosecuting Attorney, City Attorney or the courts. All questions regarding compliance with any subpoena duces tecum or discovery request should be promptly referred to City Attorney's Office so that a timely response can be prepared. 803.7 RELEASED RECORDS TO BE MARKED Any written record released pursuant to this policy shall indicate the department name and to whom the record was released, in known. Each audio/video recording released shall include the department name and to whom the record was released, if known. 803.8 EXPUNGEMENT A petition for expungement and expungement orders received by the Department shall be reviewed for appropriate action by the Custodian of Records. 803.8.1 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). 803.8.2 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 a record is 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. Golden Valley Police Department Policy Manual Records Maintenance and Release Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Records Maintenance and Release - 512 803.8.3 BCA NOTIFICATION OF GRANT OF EXPUNGEMENT If the Department receives notice from the BCA that its records may be affected by an automatic grant of expungement, the Custodian of Records shall determine if any records requested thereafter were expunged and, if so, treat the records as private data except as provided by law (Minn. Stat. § 609A.015, Subd. 5). 803.9 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. Policy 804 Golden Valley Police Department Policy Manual Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Protected Information - 513 Protected Information 804.1 PURPOSE AND SCOPE The purpose of this policy is to provide guidelines for the access, transmission, release and security of protected information by members of the Golden Valley Police Department and systems and programs operated by members of the Golden Valley 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. 804.1.1 DEFINITIONS Definitions related to this policy include: Protected information - Any information or data that is collected, stored or accessed by members of the Golden Valley 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. 804.2 POLICY Members of the Golden Valley 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. 804.3 RESPONSIBILITIES 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 role 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. (e)Resolving specific questions that arise regarding authorized recipients of protected information. Golden Valley Police Department Policy Manual Protected Information Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Protected Information - 514 (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 Golden Valley Police Department is conducted at least annually (Minn. Stat. § 13.055, Subd. 6) and a copy of the report is provided to the IT department and Data Practices Responsible Authority. (h)Ensuring CIBRS is notified within 10 days that an investigation in CIBRS has become inactive (Minn. Stat. § 299C.40). 804.4 ACCESS TO PROTECTED INFORMATION Protected information shall not be accessed in violation of any law, order, regulation, user agreement, Golden Valley 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. 804.5 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 should refer the requesting person to a supervisor or to the Support Staff 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 Staff 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 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. 804.5.1 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)). Golden Valley Police Department Policy Manual Protected Information Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Protected Information - 515 804.5.2 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 Police Front Office Supervisor. If the request is to release the data to a third party, the individual who is the subject of private data must 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 by following the procedures in Minn. Stat. 13.04, subd. 4. The Police Front Office Supervisor shall review the challenge and determine whether the data should be completed, corrected or destroyed and shall forward their decision to the Chief of Police for approval. The corrected data must be submitted to CIBRS and any future dissemination must be of the corrected data. The Police Front Office 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. 804.6 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)In collaboration with IT and the Data Practices Responsible Authority, 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)In collaboration with IT, 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, IT, the Data Practices Responsible Authority, and appropriate authorities. 804.6.1 MEMBER RESPONSIBILITIES Members accessing or receiving protected information shall ensure the information is not accessed or received by persons or systems that 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), and inputting protected information into unauthorized systems or programs, including but not limited to ChatGPT and other artificial intelligence systems. Golden Valley Police Department Policy Manual Protected Information Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Protected Information - 516 804.7 SECURITY BREACHES In the event of an actual or potential breach of the security or other unauthorized acquisition of private or confidential information, the City's Responsible Authority or designee shall ensure an investigation into the breach is made. Upon completion of the investigation and final disposition of any disciplinary action, a report containing the facts and result of the investigation shall be prepared. If the breach was conducted by an employee, contractor or agent of Golden Valley, the report must include a description of the type of data that was breached, the number of individuals whose information was breached, the disposition of any related disciplinary action, and the identity of the employee determined to be responsible for the breach (Minn. Stat. § 13.055). Written notice shall be given to any individual whose private or confidential data was, or is reasonably believed to have been, acquired by an unauthorized person as soon as reasonably practicable. The notice shall include the following (Minn. Stat. § 13.055): (a) Notification that an investigation will be conducted. (b) Notification that a report containing the facts and results will be prepared. (c) Information on how the person may obtain access to the report, including that he/she may request delivery of the report by mail or email. The notice may be delayed only so long as necessary to determine the scope of the breach and restore the reasonable security of the data or so long as it will impede an active criminal investigation. Notice shall be made by first class mail, electronic notice or substitute notice as provided in Minn. Stat. § 13.055, Subd. 4. If notification is required to be made to more than 1,000 individuals, notice to all consumer reporting agencies of the timing distribution and content of the notices must also be made (Minn. Stat. § 13.055, Subd. 5). 804.8 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. Policy 805 Golden Valley Police Department Policy Manual Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Animal Control - 517 Animal Control 805.1 PURPOSE AND SCOPE The purpose of this policy is to establish guidelines for interacting with animals and responding to calls for service that involve animals. 805.2 POLICY It is the policy of the Golden Valley Police Department to be responsive to the needs of the community regarding animal-related issues. This includes enforcing local, state and federal laws relating to animals and appropriately resolving or referring animal-related problems, as outlined in this policy. 805.3 ANIMAL CONTROL RESPONSIBILITIES Unless otherwise delegated by the City Manager and or Chief of Police,animal control services are generally the primary responsibility of Golden Valley Police Department and include the following: (a)Animal-related matters. (b)Ongoing or persistent animal nuisance complaints. Such complaints may be scheduled, if reasonable, for handling during periods that the responsible staff is available for investigation and resolution. (c)Follow-up on animal-related calls, such as locating owners of injured animals. 805.4 MEMBER RESPONSIBILITIES Members who respond to or assist with animal-related calls for service should evaluate the situation and determine appropriate actions to control the situation. Due to the hazards of handling animals without proper training and equipment, responding members generally should not attempt to capture and pick up any animal, but should keep the animal under observation until the arrival of appropriate assistance. Members should act using Officer discretion before the arrival of such assistance when: (a)There is a threat to public safety. (b)An animal has bitten someone; members should take measures to confine the animal and prevent further injury. (c)An animal is creating a traffic hazard. (d)An animal is seriously injured. (e)The owner/handler has been arrested or is incapacitated. In such circumstances, the member should find appropriate placement for the animal. (a)This is only necessary when the arrestee is expected to be in custody for a time period longer than would reasonably allow him/her to properly care for the animal. Golden Valley Police Department Policy Manual Animal Control Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Animal Control - 518 (b)With the owner's consent, locating appropriate placement may require contacting relatives or neighbors to care for the animal. (c)If no person can be found or the owner does not or cannot give consent, the animal should be taken to a designated animal care facility. 805.5 ANIMAL CRUELTY COMPLAINTS Laws relating to the cruelty to animals should be enforced, including but not limited to (Minn. Stat. § 343.21 et seq.): (a)An investigation should be conducted on all reports of animal cruelty. Investigators should seek outside expertise from trained animal control personnel when appropriate and available, for example the Minnesota Federated Humane Societies. (b)Legal steps should be taken to protect an animal that is in need of immediate care or protection from acts of cruelty (Minn. Stat. § 343.29). (a)An officer should contract the appropriate animal welfare system or 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. (b)An animal taken into care during an animal cruelty investigation may be euthanized by a trained medical professional following a determination by a doctor of veterinary medicine that the animal is suffering and is beyond cure through reasonable care and treatment. 805.6 ANIMAL BITE REPORTS Members investigating an animal bite should obtain as much information as possible for follow-up with the appropriate health or animal authorities. Efforts should be made to capture or otherwise have the animal placed under control. Members should attempt to identify and notify the owner of the final disposition of the animal. Animal bite reports should include detailed information about the animal's mannerisms and behavior, as well as an evaluation of the severity of the injuries using an objective list or evaluation tool, such as the Dunbar Dog Bite Scale. 805.6.1 ANIMAL BITES TO HUMANS Members should coordinate with appropriate animal authorities to ensure that animals who have bitten a human are quarantined for rabies observation as required by Minn. R. 1721.0580. 805.7 STRAY DOGS If the dog has a license or can otherwise be identified, the owner should be contacted (Minn. Stat. § 343.29), if possible. 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 appropriate shelter/holding pen. Members shall provide reasonable treatment to animals in their care (e.g., food, water, shelter). Golden Valley Police Department Policy Manual Animal Control Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Animal Control - 519 805.8 DANGEROUS ANIMALS In the event responding members cannot fulfill a request for service because an animal is difficult or dangerous to handle, the Shift Sergeant will be contacted to determine available resources, including requesting the assistance of animal control services from an allied agency. Laws relating to dangerous animals should be enforced, including but not limited to Minn. Stat. § 347.50 et seq. and City Code § 6-27. 805.9 PUBLIC NUISANCE CALLS RELATING TO ANIMALS Members should diligently address calls related to nuisance animals (e.g., barking dogs), as such calls may involve significant quality of life issues. 805.10 WILD ANIMALS Wild animals (not domesticated animals like dogs or cats) that cause property damage are nuisance animals. All calls regarding wild animals, including reports of nuisance animals or wild animals on private property, should be referred to the Minnesota Department of Natural Resources. 805.11 DECEASED ANIMALS When a member becomes aware of a deceased animal all reasonably attempts should be made to preliminarily determine if the death of the animal is related to criminal activity. (a)Deceased animals on public property should be reported to the Public Works Department. (b)Members should not enter private property or climb onto or under any privately owned structure for the purpose of removing a deceased animal. 805.12 INJURED ANIMALS When a member becomes aware of an injured domesticated animal, all reasonable attempts shall be made to contact the owner or responsible handler. If an owner or responsible handler cannot be located, the member should contact the appropriate animal care facility or animal control. 805.13 DESTRUCTION OF ANIMALS Firearms shall only be used to euthanize an animal if the animal is badly injured or poses an imminent threat to human or domesticated animal safety. When it is necessary to use a firearm to euthanize a badly injured animal or stop an animal that poses an imminent threat to human safety, the Firearms Policy shall be followed. A badly injured animal shall only be euthanized with the approval of a supervisor. Golden Valley Police Department Policy Manual Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Custody - 520 Chapter 9 - Custody Policy 900 Golden Valley Police Department Policy Manual Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Temporary Custody of Adults - 521 Temporary Custody of Adults 900.1 PURPOSE AND SCOPE This policy provides guidelines to address the health and safety of adults taken into temporary custody by members of the Golden Valley 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 Definitions related to this policy include: 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 Golden Valley Police Department prior to being released or transported to a housing or other type of facility. 900.2 POLICY The Golden Valley 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 Golden Valley has a Class III jail, no adult should be in temporary custody for longer than 16 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 Golden Valley 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. Golden Valley Police Department Policy Manual Temporary Custody of Adults Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Temporary Custody of Adults - 522 (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 memberscapable 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. When and if possible a female Police Dept. employee, qualified to supervise person(s) in custody, should be present during the booking and personal interactions of a female in custody. If this not reasonably possible Body cameras and jail recording devices must be activated and record the entire interaction. 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. 900.3.3 ENTRY RESTRICTIONS Entry into any location where a person is held in custody should be restricted to: (a)Authorized members entering for official business purposes. Golden Valley Police Department Policy Manual Temporary Custody of Adults Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Temporary Custody of Adults - 523 (b)Emergency medical personnel when necessary. (c)Any other person authorized by the Shift Sergeant. When practicable, more than one authorized member should be present for entry into a location where a person is held in custody for security purposes and to witness interactions. 900.4 INITIATING TEMPORARY CUSTODY The officer responsible for an individual in temporary custody shall 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 shall specifically ask if the individual is contemplating suicide and evaluate him/her for obvious signs or indications of suicidal intent. The receiving officer shall ask the arresting officer if there is any statement, indication or evidence surrounding the individual's arrest and transportation that would reasonably indicate the individual is at risk for suicide or critical medical care. If there is any suspicion the individual may be suicidal, they shall be transported to the City County jail or the appropriate health care facility. The officer shall 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 SCREENING AND PLACEMENT The officer responsible for an individual in custody shall: (a)Advise the Shift Sergeant of any significant risks presented by the individual (e.g., suicide risk, health risk, violence). (b)Evaluate the following issues against the stated risks in (a) to determine the need for placing the individual in a single cell: 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. Golden Valley Police Department Policy Manual Temporary Custody of Adults Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Temporary Custody of Adults - 524 (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. 900.4.2 CONSULAR NOTIFICATION Consular notification may be mandatory when certain foreign nationals are arrested. The Patrol Assistant Chief 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. 900.5 SAFETY, HEALTH AND OTHER PROVISIONS Golden Valley Police Department Policy Manual Temporary Custody of Adults Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Temporary Custody of Adults - 525 900.5.1 TEMPORARY CUSTODY LOGS Any time an individual is in temporary custody at the Golden Valley 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. (h)Date and time of release from the Golden Valley Police Department. The Shift Sergeant should be aware of the temporary custody and should also be notified 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 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. Golden Valley Police Department Policy Manual Temporary Custody of Adults Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Temporary Custody of Adults - 526 (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. 900.5.3 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 Golden Valley Police Department. They should be released or transferred to another facility as appropriate. 900.5.4 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. 900.5.5 TELEPHONE CALLS Every individual in temporary custody shall be allowed to make a reasonable number of completed telephone calls as soon as possible after arrival. (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 shall be given sufficient time to contact whomever they desire and to make any necessary arrangements, including child or dependent adult care, or transportation upon release. (a)Telephone calls are not intended to be lengthy conversations. The member assigned to monitor or process the individual may use their judgment in determining the duration of the calls. (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. Golden Valley Police Department Policy Manual Temporary Custody of Adults Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Temporary Custody of Adults - 527 900.5.6 RELIGIOUS ACCOMMODATION Subject to available resources, safety and security, the religious beliefs and needs of all individuals in custody shall 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. If head covering, scarves or face coverings could assist the individual in custody to harm themselves, it is reasonable to remove them to keep the individual in custody safe. 900.5.7 FIREARMS AND OTHER SECURITY MEASURES Firearms and edged weapons 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 member 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). Golden Valley Police Department Policy Manual Temporary Custody of Adults Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Temporary Custody of Adults - 528 900.6 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 Golden Valley 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. 900.7 PERSONAL PROPERTY 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 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. Golden Valley Police Department Policy Manual Temporary Custody of Adults Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Temporary Custody of Adults - 529 (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 30 minutes. For at risk individuals in custody checks shall be done every 15 minutes or sooner depending on circumstances. (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. 900.9 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 Golden Valley 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. Golden Valley Police Department Policy Manual Temporary Custody of Adults Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Temporary Custody of Adults - 530 (i)Transfers between facilities or other entities, such as a hospital, should be accomplished with a custodial escort of the same sex as the person being transferred to assist with his/her personal needs as reasonable. (j)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 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. 900.10 SUICIDE ATTEMPT, DEATH, OR SERIOUS INJURY The Patrol Assistant Chief will ensure procedures are in place to address any suicide attempt, death, or serious injury of any individual in temporary custody at the Golden Valley 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 Assistant Chief. (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 City Manager. (g)Notification of the Medical Examiner. (h)Evidence preservation. 900.11 ASSIGNED ADMINISTRATOR The Patrol Assistant Chief will 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)Escapes (f)Evacuation plans (g)Fire- and life-safety (h)Disaster plans (i)Building and safety code compliance Golden Valley Police Department Policy Manual Temporary Custody of Adults Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Temporary Custody of Adults - 531 900.12 TRAINING Department members should be trained and familiar with this policy and any supplemental procedures. Policy 901 Golden Valley Police Department Policy Manual Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Custodial Searches - 532 Custodial Searches 901.1 PURPOSE AND SCOPE 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 Golden Valley 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 Definitions related to this policy include: 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. Golden Valley Police Department Policy Manual Custodial Searches Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Custodial Searches - 533 901.4 SEARCHES AT POLICE FACILITIES Custody searches shall be conducted on all individuals in custody, upon entry to the Golden Valley 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 Room 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 Golden Valley Police Department identification number and information regarding how and when the property may be released. 901.4.2 VERIFICATION OF MONEY When possible, all money shall be counted in front of the individual from whom it was received and 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. If the dollar amount is $500 or above the member shall have a member witness. 901.5 STRIP SEARCHES No individual in temporary custody at any Golden Valley 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: Golden Valley Police Department Policy Manual Custodial Searches Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Custodial Searches - 534 (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 Golden Valley Police Department facilities shall be conducted as follows (28 CFR 115.115): (a)Written authorization from the Shift Sergeant 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 written authorization for the search, obtained from the Shift Sergeant. 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. Golden Valley Police Department Policy Manual Custodial Searches Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Custodial Searches - 535 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 their 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 the individual 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 the individual's privacy and dignity. 901.5.2 SPECIAL CIRCUMSTANCE FIELD STRIP SEARCHES A strip search may be conducted in the field only with Shift Sergeant 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, except that the Shift Sergeant authorization does not need to be in writing. 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. (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: Golden Valley Police Department Policy Manual Custodial Searches Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Custodial Searches - 536 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 GENDER IDENTITY OR EXPRESSION CONSIDERATIONS If an individual who is subject to a strip search or physical body cavity search has a gender identity or expression that differs from their sex assigned at birth, the search should be conducted by members of the same gender identity or expression as the individual, unless the individual requests otherwise. 901.8 JUVENILES No juvenile should be subjected to a strip search or a physical body cavity search at the Department. The Chief of Police or the authorized designee should establish procedures for the following: (a)Safely transporting a juvenile who is suspected of concealing a weapon or contraband, or who may be experiencing a medical issue related to such concealment, to a medical facility or juvenile detention facility as appropriate in the given circumstances. 1.Procedures should include keeping a juvenile suspected of concealing a weapon under constant and direct supervision until custody is transferred to the receiving facility. (b)Providing officers with information identifying appropriate medical and juvenile detention facilities to which a juvenile should be transported for a strip or body cavity search. Nothing in this section is intended to prevent an officer from rendering medical aid to a juvenile in emergency circumstances (see the Medical Aid and Response Policy for additional guidance). 901.9 TRAINING The Training Coordinator shall ensure members have training that includes (28 CFR 115.115): (a)Conducting searches of cross-gender individuals. Golden Valley Police Department Policy Manual Custodial Searches Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Custodial Searches - 537 (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. Policy 902 Golden Valley Police Department Policy Manual Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Prison Rape Elimination - 538 Prison Rape Elimination 902.1 PURPOSE AND SCOPE 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 Golden Valley Police Department Temporary Holding Facilities (28 CFR 115.111). 902.1.1 DEFINITIONS Definitions related to this policy include: 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 Golden Valley Police Department Policy Manual Prison Rape Elimination Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Prison Rape Elimination - 539 •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 Golden Valley 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 Golden Valley 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 Golden Valley 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 Golden Valley 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). Golden Valley Police Department Policy Manual Prison Rape Elimination Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Prison Rape Elimination - 540 (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). Golden Valley Police Department Policy Manual Prison Rape Elimination Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Prison Rape Elimination - 541 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). 902.4.1 MEMBER RESPONSIBILITIES 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 the Shift Sergeant any knowledge, suspicion or information regarding: Golden Valley Police Department Policy Manual Prison Rape Elimination Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Prison Rape Elimination - 542 (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. 902.4.2 SHIFT SERGEANT RESPONSIBILITIES The Shift Sergeant 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 Shift Sergeant 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 Shift Sergeant 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 Shift Sergeant 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). 902.5 INVESTIGATIONS 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. Golden Valley Police Department Policy Manual Prison Rape Elimination Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Prison Rape Elimination - 543 (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 Golden Valley 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 Prosecuting 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)). Golden Valley Police Department Policy Manual Prison Rape Elimination Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Prison Rape Elimination - 544 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 Shift Sergeant 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 Shift Sergeant 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 Golden Valley Police Department Policy Manual Prison Rape Elimination Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Prison Rape Elimination - 545 902.7.1 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. Golden Valley Police Department Policy Manual Prison Rape Elimination Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Prison Rape Elimination - 546 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 Golden Valley 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 Coordinator 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. Golden Valley Police Department Policy Manual Prison Rape Elimination Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Prison Rape Elimination - 547 •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 Coordinator 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. Golden Valley Police Department Policy Manual Policy Manual Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Attachments - 548 Attachments Attachment Golden Valley Police Department Policy Manual Policy Manual Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***MN POST_ Professional Conduct of Peace Officers Model Policy.pdf - 549 MN POST_ Professional Conduct of Peace Officers Model Policy.pdf MN POST_ Professional Conduct of Peace Officers Model Policy.pdf 1 PROFESSIONAL CONDUCT OF PEACE OFFICERS MODEL POLICY MN STAT 626.8457 I. POLICY It is the policy of the Golden Valley Police Department to investigate circumstances that suggest an officer has engaged in unbecoming conduct and impose disciplinary action when appropriate. II. PROCEDURE This policy applies to all officers of this agency engaged in official duties whether within or outside of the territorial jurisdiction of this agency. Unless otherwise noted this policy also applies to off duty conduct. Conduct not mentioned under a specific rule but that violates a general principle is prohibited. A. PRINCIPLE ONE Peace officers shall conduct themselves, whether on 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. 1. Rationale: Peace officers conduct their duties pursuant to a grant of limited authority from the community. Therefore, officers must understand the laws defining the scope of their enforcement powers. Peace officers may only act in accordance with the powers granted to them. 2. Rules a) Peace officers shall not knowingly exceed their authority in the enforcement of the law. b) Peace officers shall not knowingly disobey the law or rules of criminal procedure in such areas as interrogation, arrest, detention, searches, seizures, use of c) informants, and preservation of evidence, except were permitted in the performance of duty under proper authority. d) Peace officers shall not knowingly restrict the freedom of individuals, whether by e) arrest or detention, in violation of the Constitutions and laws of the United States and the State of Minnesota. f) Peace officers, whether on or off duty, shall not knowingly commit any criminal offense under any laws of the United States or any state or local jurisdiction. g) Peace officers will not, according to MN STAT 626.863, knowingly allow a person who is not a peace officer to make a representation of being a peace officer or perform any act, duty or responsibility reserved by law for a peace officer. B. PRINCIPLE TWO Peace officers shall refrain from any conduct in an official capacity that detracts from the public’s faith in the integrity of the criminal justice system. 1. Rationale: Community cooperation with the police is a product of its trust that officers will act honestly and with impartiality. The peace officer, as the public’s initial contact with the criminal justice system, must act in a manner that instills such trust. 2. Rules 2 a) Peace officers shall carry out their duties with integrity, fairness, and impartiality. b) Peace officers shall not knowingly make false accusations of any criminal, ordinance, traffic, or other law violation. This provision shall not prohibit the use of deception during criminal investigations or interrogations as permitted under law. c) Peace officers shall truthfully, completely, and impartially report, testify, and present evidence, including exculpatory evidence, in all matters of an official nature. d) Peace officers shall take no action knowing it will violate the constitutional rights of any person. e) Peace officers must obey lawful orders, but a peace officer must refuse to obey any order the officer knows would require the officer to commit an illegal act. If in doubt as to the clarity of an order the officer shall, if feasible, request the issuing officer to clarify the order. An officer refusing to obey an order shall be required to justify his or her actions. f) Peace officers learning of conduct or observing conduct that is in violation of any law or policy of this agency shall take necessary action and report the incident to the officer’s immediate supervisor who shall forward the information to the CLEO. If the officer’s immediate supervisor commits the misconduct the officer shall report the incident to the immediate supervisor’s supervisor. C. PRINCIPLE THREE Peace officers shall perform their duties and apply the law impartially and without prejudice or discrimination. 1. Rationale: Law enforcement effectiveness requires public trust and confidence. Diverse communities must have faith in the fairness and impartiality of their police. Peace officers must refrain from fostering disharmony in their communities based upon diversity and perform their duties without regard to race, color, creed, religion, national origin, gender, marital status, or status with regard to public assistance, disability, sexual orientation, or age. 2. Rules a) Peace officers shall provide every person in our society with professional, effective, and efficient law enforcement services. b) Peace officers shall not allow their law enforcement decisions to be influenced by c) race, color, creed, religion, national origin, gender, marital status, or status with regard to public assistance, disability, sexual orientation, or age. D. PRINCIPLE FOUR Peace officers shall not, whether on or off duty, exhibit any conduct which discredits themselves or their agency or otherwise impairs their ability or that of other officers or the agency to provide law enforcement services to the community. 1. Rationale: A peace officer’s ability to perform his or her duties is dependent upon the respect and confidence communities have for the officer and law enforcement officers in general. Peace officers must conduct themselves in a manner consistent with the integrity and trustworthiness expected of them by the public. 2. Rules 3 a) Peace officers shall not consume alcoholic beverages or chemical substances while on duty except as permitted in the performance of official duties, and under no circumstances while in uniform, except as provided for in c). b) Peace officers shall not consume alcoholic beverages to the extent the officer would be rendered unfit for the officer’s next scheduled shift. A peace officer shall not report for work with the odor of an alcoholic beverage on the officer’s breath. c) Peace officers shall not use narcotics, hallucinogens, or other controlled substances except when legally prescribed. When medications are prescribed, the officer shall inquire of the prescribing physician whether the medication will impair the officer in the performance of the officer’s duties. The officer shall immediately notify the officer’s supervisor if a prescribed medication is likely to impair the officer’s performance during the officer’s next scheduled shift. d) Peace officers, whether on or off duty, shall not engage in any conduct which the officer knows, or should reasonably know, constitutes sexual harassment as defined under Minnesota law, including but not limited to, making unwelcome sexual advances, requesting sexual favors, engaging in sexually motivated physical contact or other verbal or physical conduct or communication of a sexual nature. e) Peace officers shall not commit any acts which constitute sexual assault or indecent exposure as defined under Minnesota law. Sexual assault does not include a frisk or other search done in accordance with proper police procedures. f) Peace officers shall not commit any acts which, as defined under Minnesota law, constitute (1) domestic abuse, or (2) the violation of a court order restraining the officer from committing an act of domestic abuse or harassment, having contact with the petitioner, or excluding the peace officer from the petitioner’s home or workplace. g) Peace officers, in the course of performing their duties, shall not engage in any sexual contact or conduct constituting lewd behavior including but not limited to, showering, or receiving a massage in the nude, exposing themselves, or making physical contact with the nude or partially nude body of any person, except as pursuant to a written policy of the agency. h) Peace officers shall avoid regular personal associations with persons who are known to engage in criminal activity where such associations will undermine the public trust and confidence in the officer or agency. This rule does not prohibit those associations that are necessary to the performance of official duties or where such associations are unavoidable because of the officer’s personal or family relationships. E. PRINCIPLE FIVE Peace officers shall treat all members of the public courteously and with respect. 1. Rationale: Peace officers are the most visible form of local government. Therefore, peace officers must make a positive impression when interacting with the public and each other. 2. Rules a) Peace officers shall exercise reasonable courtesy in their dealings with the public, other officers, superiors, and subordinates. b) No peace officer shall ridicule, mock, deride, taunt, belittle, willfully embarrass, humiliate, or shame any person to do anything reasonably calculated to incite a person to violence. c) Peace officers shall promptly advise any inquiring citizen of the agency’s complaint procedure and shall follow the established agency policy for processing complaints. 4 F. PRINCIPLE SIX Peace officers shall not compromise their integrity nor that of their agency or profession by accepting, giving, or soliciting any gratuity which could be reasonably interpreted as capable of influencing their official acts or judgments or by using their status as a peace officer for personal, commercial, or political gain. 1. Rationale: For a community to have faith in its peace officers, officers must avoid conduct that does or could cast doubt upon the impartiality of the individual officer or the agency. 2. Rules a) Peace officers shall not use their official position, identification cards or badges for: (1) personal or financial gain for themselves or another person; (2) obtaining privileges not otherwise available to them except in the performance of duty; and (3) avoiding consequences of unlawful or prohibited actions. b) Peace officers shall not lend to another person their identification cards or badges or permit these items to be photographed or reproduced without approval of the chief law enforcement officer. c) Peace officers shall refuse favors or gratuities which could reasonably be interpreted as capable of influencing official acts or judgments. d) Unless required for the performance of official duties, peace officers shall not, while on duty, be present at establishments that have the primary purpose of providing sexually oriented adult entertainment. This rule does not prohibit officers from conducting walk- throughs of such establishments as part of them regularly assigned duties. e) Peace officers shall:  not authorize the use of their names, photographs or titles in a manner that identifies the officer as an employee of this agency in connection with advertisements for any product, commodity, or commercial enterprise.  maintain a neutral position with regard to the merits of any labor dispute, political protest, or other public demonstration while acting in an official capacity.  not make endorsements of political candidates while on duty or while wearing the agency’s official uniform. This section does not prohibit officers from expressing their views on existing, proposed or pending criminal justice legislation in their official capacity. G. PRINCIPLE SEVEN Peace officers shall not compromise their integrity, nor that of their agency or profession, by taking or attempting to influence actions when a conflict of interest exists. 1. Rationale: For the public to maintain its faith in the integrity and impartiality of peace officers and their agencies officers must avoid taking or influencing official actions where those actions would or could conflict with the officer’s appropriate responsibilities. 2. Rules a) Unless required by law or policy a peace officer shall refrain from becoming involved in official matters or influencing actions of other peace officers in official matters impacting the officer’s immediate family, relatives, or persons with whom the officer has or has had a significant personal relationship. 5 b) Unless required by law or policy a peace officer shall refrain from acting or influencing official actions of other peace officers in official matters impacting persons with whom the officer has or has had a business or employment relationship. c) A peace officer shall not use the authority of their position as a peace officer or information available to them due to their status as a peace officer for any purpose of personal gain including but not limited to initiating or furthering personal and/or intimate interactions of any kind with persons with whom the officer has had contact while on duty. d) A peace officer shall not engage in any off-duty employment if the position compromises or would reasonably tend to compromise the officer’s ability to impartially perform the officer’s official duties. H. PRINCIPLE EIGHT Peace officers shall observe the confidentiality of information available to them due to their status as peace officers. 1. Rationale: Peace officers are entrusted with vast amounts of private and personal information or access thereto. Peace officers must maintain the confidentiality of such information to protect the privacy of the subjects of that information and to maintain public faith in the officer’s and agency’s commitment to preserving such confidences. 2. Rules a) Peace officers shall not knowingly violate any legal restriction for the release or dissemination of information. b) Peace officers shall not, except in the course of official duties or as required by law, publicly disclose information likely to endanger or embarrass victims, witnesses, or complainants. c) Peace officers shall not divulge the identity of persons giving confidential information except as required by law or agency policy. I. APPLICATION Any disciplinary actions arising from violations of this policy shall be investigated in accordance with MN STAT 626.89, Peace Officer Discipline Procedures Act and the law enforcement agency’s policy on Allegations of Misconduct as required by MN RULES 6700.2000 to 6700.2600. PB Rev 01/2011 Attachment Golden Valley Police Department Policy Manual Policy Manual Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Model Sexual Assault Investigation Policy 03-03-21.pdf - 550 Model Sexual Assault Investigation Policy 03-03-21.pdf Model Sexual Assault Investigation Policy 03-03-21.pdf Attachment Golden Valley Police Department Policy Manual Policy Manual Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***MN Public Assembly-First Amendment Rights Model Policy .pdf - 551 MN Public Assembly-First Amendment Rights Model Policy .pdf MN Public Assembly-First Amendment Rights Model Policy .pdf Model Policy on Public Assembly and First Amendment Activity Adopted July 2021 MN POST Board Page 1 of 9 Public Assembly and First Amendment Activity References: Minn. Rules 6700.1615 First Amendment US Constitution Minnesota Constitution 609.705. Unlawful Assembly 609.71 Riot 609. 066 Authorized Use of Force by Peace Officers 609.06 Authorized Use of Force 1) PURPOSE The First Amendment to the Constitution of the United States of America states, "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof, or abridging the freedom of speech or of the press, or the right of the people peaceably to assemble and to petition the Government for a redress of grievances." The Bill of Rights in Article 1 of the Minnesota Constitution addresses the rights of free speech and the liberty of the press. However, neither the state nor federal constitutions protect criminal activity or threats against citizens, businesses, or critical infrastructure. The (law enforcement agency) supports all people's fundamental right to peaceably assemble and their right to freedom of speech and expression. The purpose of this policy is to provide guidelines to the (law enforcement agency) personnel regarding the application and operation of acceptable law enforcement actions addressing public assemblies and First Amendment Activity. 2) POLICY The (law enforcement agency) will uphold the constitutional rights of free speech and assembly while using the minimum use of physical force and authority required to address a crowd management or crowd control issue. The policy of the (law enforcement agency) (“department”) regarding crowd management and crowd control is to apply the appropriate level of direction and control to protect life, property, and vital facilities while maintaining public peace and order during a public assembly or First Amendment activity. Department personnel must not harass, intimidate, or discriminate against or unreasonably interfere with persons engaged in the lawful exercise of their rights. This policy concerning crowd management, crowd control, crowd dispersal, and police responses to violence and disorder applies to spontaneous demonstrations, crowd event situations, and planned demonstration or crowd events regardless of the permit status of Model Policy on Public Assembly and First Amendment Activity Adopted July 2021 MN POST Board Page 2 of 9 the event. This policy is to be reviewed annually. 3) DEFINITIONS A. Chemical Agent Munitions: Munitions designed to deliver chemical agents from a launcher or hand thrown. B. Control Holds: Control holds are soft empty hand control techniques as they do not involve striking. C. Crowd Management: Techniques used to manage lawful public assemblies before, during, and after an event. Crowd management can be accomplished in part through coordination with event planners and group leaders, permit monitoring, and past event critiques. D. Crowd Control: Techniques used to address unlawful public assemblies. E. Deadly Force: Force used by an officer that the officer knows, or reasonably should know, creates a substantial risk of causing death or great bodily harm. (Reference: (law enforcement agency’s) Use of Force Policy, MN Statutes 609.06 and 609. 066) F. Direct Fired Munitions: Less-lethal impact munitions that are designed to be direct fired at a specific target. G. First Amendment Activities: First Amendment activities include all forms of speech and expressive conduct used to convey ideas and/or information, express grievances, or otherwise communicate with others and include both verbal and non-verbal expression. Common First Amendment activities include, but are not limited to, speeches, demonstrations, vigils, picketing, distribution of literature, displaying banners or signs, street theater, and other artistic forms of expression. All these activities involve the freedom of speech, association, and assembly and the right to petition the government, as guaranteed by the United States Constitution and the Minnesota State Constitution. The government may impose reasonable restrictions on the time, place, or manner of protected speech, provided the restrictions are justified without reference to the content of the regulated speech, that they are narrowly tailored to serve a significant governmental interest, and that they leave open ample alternative channels for communication of the information. H. Great Bodily Harm: Bodily injury which creates a high probability of death, or which causes serious, permanent disfigurement, or which causes a permanent or protracted loss or impairment of the function of any bodily member or organ or other serious bodily harm. (Reference: (law enforcement agency’s) Use of Force Policy, MN Statutes 609.06 and 609. 066) I. Legal Observers – Individuals, usually representatives of civilian human rights agencies, who attend public demonstrations, protests and other activities. The following may be indicia of a legal observer: Wearing a green National Lawyers’ Guild issued or authorized Legal Observer hat and/or vest (a green NLG hat and/or black vest with green labels) or wearing a blue ACLU issued or authorized legal observer vest. J. Less-lethal Impact Munitions. Impact munitions which can be fired, launched, or Model Policy on Public Assembly and First Amendment Activity Adopted July 2021 MN POST Board Page 3 of 9 otherwise propelled for the purpose of encouraging compliance, overcoming resistance or preventing serious injury without posing significant potential of causing death. K. Media: Media means any person who is an employee, agent, or independent contractor of any newspaper, magazine or other periodical, book publisher, news agency, wire service, radio or television station or network, cable or satellite station or network, or audio or audiovisual production company, or any entity that is in the regular business of news gathering and disseminating news or information to the public by any means, including, but not limited to, print, broadcast, photographic, mechanical, internet, or electronic distribution. For purposes of this policy, the following are indicia of being a member of the media: visual identification as a member of the press, such as by displaying a professional or authorized press pass or wearing a professional or authorized press badge or some distinctive clothing that identifies the wearer as a member of the press. 4) Law Enforcement Procedures A. Uniform: All officers responding to public assemblies must at all times, including when wearing protective gear, display their agency name and a unique personal identifier in compliance with this department’s uniform policy. The chief law enforcement officer must maintain a record of any officer(s) at the scene who is not in compliance with this requirement due to exigent circumstances. B. Officer conduct: 1. Officers shall avoid negative verbal engagement with members of the crowd. Verbal abuse against officers does not constitute a reason for an arrest or for any use of force against such individuals. 2. Officers must maintain professional demeanor and remain neutral in word and deed despite unlawful or anti-social behavior on the part of crowd members. 3. Officers must not take action or fail to take action based on the opinions being expressed. 4. Officers must not interfere with the rights of members of the public to observe and document police conduct via video, photographs, or other methods unless doing so interferes with on-going police activity. 5. Officers must not use a weapon or munition unless the officer has been trained in the use and qualified in deployment of the weapon/munition. 6. This policy does not preclude officers from taking appropriate action to direct crowd and vehicular movement; enforce ordinances and statutes; and to maintain the safety of the crowd, the general public, law enforcement personnel, and emergency personnel. i 5. Responses to Crowd Situations A. Lawful assembly. 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 Model Policy on Public Assembly and First Amendment Activity Adopted July 2021 MN POST Board Page 4 of 9 loitering. B. Unlawful assembly 1. The definition of an unlawful assembly has been set forth in Minnesota Statute §609.705. 2. The mere failure to obtain a permit, such as a parade permit or sound permit, is not a sufficient basis to declare an unlawful assembly 3. The fact that some of the demonstrators or organizing groups have engaged in violent or unlawful acts on prior occasions or demonstrations is not grounds for declaring an assembly unlawful. 4. Whenever possible, the unlawful behavior of a few participants must not result in the majority of peaceful protestors being deprived of their First Amendment rights, unless other participants or officers are threatened with dangerous circumstances. 5. Unless emergency or dangerous circumstances prevent negotiation, crowd dispersal techniques must not be initiated until after attempts have been made through contacts with the police liaisons and demonstration or crowd event leaders to negotiate a resolution of the situation so that the unlawful activity will cease, and the First Amendment activity can continue. C. Declaration of Unlawful Assembly 1. If the on-scene supervisor/incident commander has declared an unlawful assembly, the reasons for the declaration and the names of the decision maker(s) must be recorded. The declaration and dispersal order must be announced to the assembly. The name(s) of the officers announcing the declaration should be recorded, with the time(s) and date(s) documented. 2. The dispersal order must include: a) Name, rank of person, and agency giving the order b) Declaration of Unlawful Assembly and reason(s) for declaration c) Egress or escape routes that may be used d) Specific consequences of failure to comply with dispersal order e) How long the group has to comply 3. Whenever possible, dispersal orders should also be given in other languages that are appropriate for the audience. Officers must recognize that not all crowd members may be fluent in the language(s) used in the dispersal order. 4. Dispersal announcements must be made in a manner that will ensure that they are audible over a sufficient area. Dispersal announcements must be made from different locations when the demonstration is large and noisy. The dispersal announcements should be repeated after commencement of the dispersal operation so that persons not present at the original broadcast will understand that they must leave the area. The announcements must also specify adequate egress or escape routes. Whenever possible, a minimum of two escape/egress routes shall be identified and announced. D. Crowd Dispersal 1. Crowd dispersal techniques should not be initiated until officers have made repeated announcements to the crowd, or are aware that repeated announcements Model Policy on Public Assembly and First Amendment Activity Adopted July 2021 MN POST Board Page 5 of 9 have been made, asking members of the crowd to voluntarily disperse, and informing them that, if they do not disperse, they will be subject to arrest. 2. Unless an immediate risk to public safety exists or significant property damage is occurring, sufficient time will be allowed for a crowd to comply with officer commands before action is taken. 3. If negotiations and verbal announcements to disperse do not result in voluntary movement of the crowd, officers may employ additional crowd dispersal tactics, but only after orders from the on-scene supervisor/incident commander. The use of these crowd dispersal tactics shall be consistent with the department policy of using the minimal officer intervention needed to address a crowd management or control issue. 4. If, after a crowd disperses pursuant to a declaration of unlawful assembly and subsequently participants assemble at a different geographic location where the participants are engaged in non-violent and lawful First Amendment activity, such an assembly cannot be dispersed unless it has been determined that it is an unlawful assembly, and a new declaration of unlawful assembly has been made. 6. Tactics and Weapons to Disperse or Control a Non -Compliant Crowd Nothing in this policy prohibits officers’ abilities to use appropriate force options to defend themselves or others as defined in the (law enforcement agency’s) Use of Force policy. A. Use of Batons 1. Batons must not be used for crowd control, crowd containment, or crowd dispersal except as specified below. 2. Batons may be visibly displayed and held in a ready position during squad or platoon formations. 3. When reasonably necessary for protection of the officers or to disperse individuals in the crowd pursuant to the procedures of this policy, batons may be used in a pushing, pulling, or jabbing motion. Baton jabs must not be used indiscriminately against a crowd or group of persons but only against individuals who are physically aggressive or actively resisting arrest. Baton jabs should not be used in a crowd control situation against an individual who is attempting to comply but is physically unable to disperse or move because of the press of the crowd or some other fixed obstacle. 4. Officers must not strike a person with any baton to the head, neck, throat, kidneys, spine, or groin, or jab with force to the armpit unless the person has created an imminent threat of great bodily harm to another. 5. Batons shall not be used against a person who is handcuffed except when permissible under this department’s Use of Force policy and state law. B. Restrictions on Crowd Control and Crowd Dispersal 1. Canines. Canines must not be used for crowd control, crowd containment, or crowd dispersal. 2. Fire Hoses. Fire hoses must not be used for crowd control, crowd containment, or crowd dispersal. 3. Electronic Control Weapons (ECWs) must not be used for crowd control, crowd Model Policy on Public Assembly and First Amendment Activity Adopted July 2021 MN POST Board Page 6 of 9 containment, or crowd dispersal. 4. Motorcycles and police vehicles must not be used for crowd dispersal, but may be used for purposes of observation, visible deterrence, traffic control, transportation, and area control during a crowd event. 5. Skip Fired Specialty Impact Less-Lethal Munitions (Wooden Dowels and Stinger Grenades) may be used as a last resort if other crowd dispersal techniques have failed or have been deemed ineffective. 6. Direct Fired munitions may never be used indiscriminately against a crowd or group of persons even if some members of the crowd or group are violent or disruptive. a) Except for exigent circumstances, the on-scene supervisor/incident commander must authorize the deployment of Direct Fired munitions. Direct Fired munitions must be used only against a specific individual who is engaging in conduct that poses an immediate threat of loss of life or serious bodily injury to them self, officers, or the general public; or is creating an imminent risk to the lives or safety of other persons through the substantial destruction of property. b) Officers shall not discharge a Direct Fired munitions at a person’s head, neck, throat, face, left armpit, spine, kidneys, or groin unless deadly force would be justified. c) When circumstances permit, the on-scene supervisor/incident commander must make an attempt to accomplish the policing goal without the use of Direct Fired munitions as described above, and, if practical, an audible warning shall be given to the subject before deployment of the weapon. 7. Aerosol Hand-held Chemical Agents must not be used in a demonstration or crowd situation or other civil disorders without the approval of the on-scene supervisor/incident commander. a) Aerosol, hand-held, pressurized, containerized chemical agents that emit a stream shall not be used for crowd management, crowd control, or crowd dispersal during demonstrations or crowd events. Aerosol hand-held chemical agents may not be used indiscriminately against a crowd or group of persons, but only against specific individuals who are engaged in specific acts of serious unlawful conduct or who are actively resisting arrest. b) Officers shall use the minimum amount of the chemical agent necessary to overcome the subject's resistance. c) When possible, persons should be removed quickly from any area where hand held chemical agents have been used. Officers must monitor the subject and pay particular attention to the subject’s ability to breathe following the application of a chemical agent. d) A subject who has been sprayed with a hand-held chemical agent shall not be left lying on their stomach once handcuffed or restrained with any device. 9. Chemical munitions use in a crowd situation is subject to the following: a) Chemical munitions must be used only when: 1) a threat of imminent harm or serious property damage is present, or Model Policy on Public Assembly and First Amendment Activity Adopted July 2021 MN POST Board Page 7 of 9 other crowd dispersal techniques have failed or did not accomplish the policing goal as determined by the incident commander, 2) sufficient egress to safely allow the crowd to disperse exists, and 3) The use of chemical munitions is approved by the on-scene supervisor/incident commander, and b) When feasible, additional announcements should be made prior to the use of chemical munitions in a crowd situation warning of the imminent use of chemical munitions. c) Deployment of chemical munitions into a crowd must be avoided to prevent unnecessary injuries. d) CN chemical munitions are prohibited. e) The use of each chemical munition must be recorded (time, location), and the following information must be made available by the department on request : 1) the name of each chemical munition used in an incident, 2) the location and time of use for each munition deployment, 3) access to the safety data sheet (SDS) for chemical munition f) Where extensive use of chemical munitions would reasonably be anticipated to impact nearby residents or businesses, agencies should consider proactively notifying impacted individuals of safety information related to the munitions use as soon as possible, even if after the event. g) When chemical munitions are used, an emergency responder will be on standby at a safe distance near the target area when feasible. h) Chemical munitions are subject to the same procedural requirements as outlined in the (law enforcement department)’s UOF policy. C. Arrests 1. If the crowd has failed to disperse after the required announcements and sufficient time to disperse, officers may encircle the crowd or a portion of the crowd for purposes of making multiple simultaneous arrests. 2. Persons who make it clear (e.g., by non-violent civil disobedience) that they seek to be arrested may be arrested and must not be subjected to other dispersal techniques, such as the use of batons or chemical agents. Persons refusing to comply with arrest procedures may be subject to the reasonable use of force. 3. Arrests of non-violent persons shall be accomplished by verbal commands and persuasion, handcuffing, lifting, carrying, the use of dollies and/or stretchers, and/or the use of soft empty hand control holds. 4. Officers must document any injuries reported by an arrestee, and as soon as practical, officers must obtain professional medical treatment for the arrestee. 5. Juveniles arrested in demonstrations shall be handled consistent with department policy on arrest, transportation, and detention of juveniles. 6. Officers arresting a person with a disability affecting mobility or communication must follow the department policy on arrest, transportation, and detention of persons with disabilities. Model Policy on Public Assembly and First Amendment Activity Adopted July 2021 MN POST Board Page 8 of 9 6. Handcuffs A. All persons subject to arrest during a demonstration or crowd event shall be handcuffed in accordance with department policy, orders, and training bulletins. B. Officers should be cognizant that flex-cuffs may tighten when arrestees hands swell or move, sometimes simply in response to pain from the cuffs themselves. When arrestees complain of pain from overly tight flex cuffs, officers must examine the cuffs and ensure proper fit. C. Arrestees in flex-cuffs must be monitored to prevent injury. D. Each unit involved in detention and/or transportation of arrestees with flex-cuffs should have a flex-cuff cutter and adequate supplies of extra flex-cuffs readily available. 7. Media. A. The media have a First Amendment right to cover public activity, including the right to record video or film, livestream, photograph, or use other mediums. B. The media must not be restricted to an identified area, and must be permitted to observe and must be permitted close enough access to view the crowd event and any arrests. An onsite supervisor/incident commander may identify an area where media may choose to assemble. C. Officers will not arrest members of the media unless they are physically obstructing lawful efforts to disperse the crowd, or efforts to arrest participants, or engaged in criminal activity. D. The media must not be targeted for dispersal or enforcement action because of their media status. E. Even after a dispersal order has been given, clearly identified media must be permitted to carry out their professional duties unless their presence would unduly interfere with the enforcement action. 8. Legal Observers A. Legal observers, including unaffiliated self-identified legal observers and crowd monitors, do not have the same legal status as the media, and are subject to laws and orders similar to any other person or citizen. B. Legal observers and monitors must comply with all dispersal orders unless the on-site supervisor/incident commander chooses to allow such an individual legal observers and monitors to remain in an area after a dispersal order. C. Legal observers and crowd monitors must not be targeted for dispersal or enforcement action because of their status. 9. Documentation of Public Assembly and First Amendment Activity A. The purpose of any visual documentation by (law enforcement agency) of a public assembly or first amendment activity must be related only to: 1) Documentation of the event for the purposes of debriefing, 2) Documentation to establish a visual record for the purposes of responding to citizen complaints or legal challenges, or 3) Creating visual records for training purposes. Model Policy on Public Assembly and First Amendment Activity Adopted July 2021 MN POST Board Page 9 of 9 B. If it is the policy of (law enforcement agency) to videotape and photograph, it must be done in a manner that minimizes interference with people lawfully participating in First Amendment activities. Videotaping and photographing of First Amendment activities must take place only when authorized by the on-site supervisor/incident commander. C. Individuals should not be singled out for photographing or recording simply because they appear to be leaders, organizers, or speakers. D. Unless evidence of criminal activity is provided, videos or photographs of demonstrations shall not be disseminated to other government agencies, including federal, state, and local law enforcement agencies. If videos or photographs are disseminated or shared with another law enforcement agency, a record should be created and maintained noting the date and recipient of the information. E. If there are no pending criminal prosecutions arising from the demonstration or if the video recording or photographing is not relevant to an Internal Affairs or citizen complaint investigation or proceedings or to civil litigation arising from police conduct at the demonstration, the video recording and/or photographs shall be destroyed in accordance with department policies. F. This directive shall not prohibit department members from using these videos or footage from such videos as part of training materials for officers in crowd control and crowd dispersal techniques and procedures. Attachment Golden Valley Police Department Policy Manual Policy Manual Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***MN POST Professional Conduct of Peace Officers Model Policy.pdf - 552 MN POST Professional Conduct of Peace Officers Model Policy.pdf MN POST Professional Conduct of Peace Officers Model Policy.pdf Attachment Golden Valley Police Department Policy Manual Policy Manual Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Confidential Informants Model Policy .pdf - 553 Confidential Informants Model Policy .pdf Confidential Informants Model Policy .pdf CONFIDENTIAL INFORMANTS MODEL POLICY MN STAT 626.8476 Approved by the POST Board on 4/21/22 1 I. POLICY It is the policy of the (law enforcement agency) to establish procedures and protocols that take necessary precautions concerning the recruitment, control and use of confidential informants. II. DEFINITIONS A. Confidential Informant (CI): A person who cooperates with a law enforcement agency confidentially in order to protect the person or the agency’s intelligence gathering or investigative efforts and; 1. seeks to avoid arrest or prosecution for a crime, mitigate punishment for a crime in which a sentence will be or has been imposed, or receive a monetary or other benefit; and 2. is able, by reason of the person’s familiarity or close association with suspected criminals, to: i. make a controlled buy or controlled sale of contraband, controlled substance, or other items that are material to a criminal investigation; ii. supply regular or constant information about suspected or actual criminal activities to a law enforcement agency; or iii. otherwise provide information important to ongoing criminal intelligence gathering or criminal investigative efforts. B. Controlled Buy: means the purchase of contraband, controlled substances, or other items that are material to a criminal investigation from a target offender that is initiated, managed, overseen, or participated in by law enforcement personnel with the knowledge of a confidential informant. C. Controlled Sale: means the sale of contraband, controlled substances, or other items that are material to a criminal investigation to a target offender that is initiated, managed, overseen, or participated in by law enforcement personnel with the knowledge of a confidential informant. D. Mental Harm: means a psychological injury that is not necessarily permanent but results in visibly demonstrable manifestations of a disorder of thought or mood that impairs a person’s judgment or behavior. E. Target Offender: means the person suspected by law enforcement personnel to be implicated in criminal acts by the activities of a confidential informant. F. Confidential Informant File: means a file maintained to document all information that pertains to a confidential informant. G. Unreliable Informant File: means a file containing information pertaining to an individual who has failed at following an established written confidential informant agreement and has been determined to be generally unfit to serve as a confidential informant. H. Compelling Public Interest: means, for purposes of this policy, situations in which failure to act would result or likely result in loss of life, serious injury, or have some serious negative consequence for persons, property, or public safety and therefore demand action. I. Overseeing agent: means the officer primarily responsible for supervision and management of a confidential informant. Approved by the POST Board on 4/21/22 2 III. PROCEDURES A. Initial Suitability Determination An initial suitability determination must be conducted on any individual being considered for a role as a CI. The initial suitability determination includes the following: 1. An officer requesting use of an individual as a CI must complete an Initial Suitability Report. The report must be submitted to the appropriate individual or entity, as determined by the agency chief executive, to review for potential selection as a CI. The report must include sufficient detail regarding the risks and benefits of using the individual so that a sound determination can be made. The following information must be addressed in the report, where applicable: a. Age, sex, and residence b. Employment status or occupation c. Affiliation with legitimate businesses and illegal or suspicious enterprises d. Extent to which potential information, associations, or other assistance could benefit a present or future investigation e. Relationship with the target of an investigation f. Motivation in providing information or assistance g. Risk of adversely affecting an existing or future investigation h. Extent to which provided information can be corroborated i. Prior record as a witness j. Criminal history, to include whether he or she is the subject of a pending investigation, is under arrest, or has been charged with a crime k. Risk to the public or as a flight risk l. Consultation with the individual’s probation, parole, or supervised release agent, if any m. Consideration and documentation of the individual’s diagnosis of mental illness, substance use disorder, traumatic brain injury, or disability; and consideration and documentation of the individual’s history of mental illness, substance use disorder, traumatic brain injury or disability n. Relationship to anyone in law enforcement o. Risk of physical harm to the potential CI or their immediate family or relatives for cooperating with law enforcement p. Prior or current service as a CI with this or another law enforcement organization 2. Prior to an individual’s use as a CI, a supervisor or other designated authority must review the Initial Suitability Report and determine if the individual is authorized to serve as a CI. 3. Any prospective or current CI must be excluded from engaging in a controlled buy or sale of a controlled substance if the prospective or current CI: a. is receiving in-patient treatment or partial-hospitalization treatment administered by a licensed service provider for a substance use disorder or mental illness; or b. is participating in a treatment-based drug court program or treatment court; except that c. the prospective or current CI may provide confidential information while receiving treatment, participating in a treatment-based drug court program or treatment court. Approved by the POST Board on 4/21/22 3 4. Documentation and special consideration must be made of the risks involved in engaging a prospective or current CI in the controlled buy or sale of a controlled substance if the individual is known, or has reported, to have experienced a drug overdose in the previous 12 months. 5. Any prospective or current CI who is known to abuse substances, or is at risk for abusing substances, should be provided referral to prevention or treatment services. 6. Any prospective or current CI that has a physical or mental illness that impairs the ability of the individual to understand instructions and make informed decisions should be referred to a mental health professional or other appropriate medical professional, or a case manager/social worker from the county social services agency, or other substance abuse and mental health services. 7. Each CI’s suitability must be reviewed every 6 months, at a minimum, during which time the CI’s overseeing agent must submit a Continuing Suitability Report addressing the foregoing issues in III.A.1.a–p, and III.A.3-6, where applicable. An initial suitability determination must be conducted on a reactivated CI regardless of the length of inactivity. 8. Any information that may negatively affect a CI’s suitability during the course of their use must be documented in the CI’s file and forwarded to the appropriate authorized personnel as soon as possible. 9. Supervisors must review informant files regularly with the overseeing agent and must attend debriefings of CIs periodically as part of the informant management process. If a CI is active for more than 12 months, a supervisory meeting with the CI must be conducted without the overseeing agent. 10. CI contracts must be terminated, and the CI file placed in inactive status when the CI has not been utilized for 6 months or more. B. Exigent Confidential Informants 1. Certain circumstance arise when an individual who has been arrested is willing to immediately cooperate and perform investigative activities under the direction of an overseeing agent. In these circumstances, the initial suitability determination can be deferred and an individual may be utilized as a CI for a period not to exceed 12 hours from the time of arrest if: a. The individual is not excluded from utilization as a CI under III.A(3)(a-c) of this policy; and b. There is compelling public interest or exigent circumstances exist that demand immediate utilization of the individual as a CI and any delay would significantly and negatively affect any investigation; and c. A supervisor has reviewed and approved the individual for utilization as a CI under these circumstances. 2. Upon the conclusion of the 12-hour window, or at any time before, an initial suitability determination must be conducted before the individual engages in any further CI activities. C. Special CI Approval Requirements Certain individuals who are being considered for use as a CI require special review and approval. In all instances, the agency’s chief executive or their designee and the office of the prosecutor or county attorney should be consulted prior to the use of these individuals as CIs. These individuals include the following: 1. Juveniles a. Use of a juvenile under the age of 18 for participating in a controlled buy or sale of a controlled substance or contraband may be undertaken only with the written authorization of the individual’s parent(s) or guardian(s), except that the juvenile informant may provide confidential information. Approved by the POST Board on 4/21/22 4 b. Authorization for such use should be granted only when a compelling public interest can be demonstrated, except that c. Juveniles under the guardianship of the State may not be used as a CI. 2. Individuals obligated by legal privilege of confidentiality. 3. Government officials. D. General Guidelines for Overseeing CIs General guidelines for overseeing CIs are as follows: 1. CIs must be treated as assets of the agency, not the individual overseeing agent. 2. No promises or guarantees of preferential treatment within the criminal justice system will be made to any informant without prior approval from the prosecuting authority. 3. CIs must not be used without authorization of the agency through procedures identified in this policy. 4. CIs must not be used to gather information purely of a political nature or for other information- gathering efforts that are not connected with a criminal investigation. 5. Under no circumstances must an informant be allowed access to restricted areas or investigators’ work areas within a law enforcement agency. 6. All CIs must sign and abide by the provisions of the agency’s CI agreement. 7. Any physical or mental illness that impairs the CI’s ability to knowingly contract or otherwise protect the informant’s self-interest must be taken into consideration before the CI signs the agreement. 8. The CI’s overseeing agent must discuss each of the provisions of the agreement with the CI, with particular emphasis on the following: a. CIs may voluntarily initiate deactivation, whereupon the protocols outlined in section E of this policy must be followed. b. CIs are not law enforcement officers. They have no arrest powers, are not permitted to conduct searches and seizures, and may not carry a weapon while performing activities as a CI. c. CIs found engaging in any illegal activity beyond what is authorized by the agency and conducted while under the supervision of an overseeing agent, will be subject to prosecution. d. CIs are prohibited from engaging in actions or activities that could be deemed entrapment. The meaning of the term and implications of such actions must be explained to each CI. e. CIs are prohibited from engaging in self-initiated information or intelligence gathering without agency direction and approval. The CI must not take any actions in furtherance of an investigation without receiving specific instruction(s) from the overseeing agent or agency. f. Every reasonable effort will be taken to ensure the confidentiality of the CI but, upon judicial order, he or she may be required to testify in open court. g. CIs may be directed to wear a listening and recording device. h. CIs must be required to submit to a search before and after a controlled purchase. Approved by the POST Board on 4/21/22 5 i. CIs who participate in unplanned or unanticipated activities or meet with a subject(s) under investigation in a location outside of the jurisdictional boundary of the handling agency must promptly report that activity or meeting to their overseeing agents. 9. CI activity outside jurisdictional boundaries: a. Investigators handling CIs who engage in operational activity in locations outside the jurisdictional boundaries of the agency must coordinate with counterparts in law enforcement agencies that have jurisdiction in that location where the CI will operate before any activity occurs, or in a timely manner after unanticipated activity occurs and is brought to the attention of the overseeing agent. b. Any decision to defer or delay notice to or coordinate with an outside agency having jurisdiction in the area where a CI has or may operate must be documented, reviewed, and approved by the agency’s chief executive or their designee. 10. Officers must take the utmost care to avoid conveying any confidential investigative information to a CI, such as the identity of other CIs, surveillance activities, or search warrants, other than what is necessary and appropriate for operational purposes. 11. No member of this agency must knowingly maintain a social relationship with a CI, or otherwise become personally involved with a CI beyond actions required in the performance of duty. 12. Members of this agency must not solicit, accept gratuities from, or engage in any private business transaction with a CI. 13. Meetings with a CI must be conducted in private with another officer or agent present and with at least one officer or agent of the same sex, except when not practical. The meeting location should minimize the potential for discovery of the informant’s cooperation and provide sufficient space to complete necessary administrative duties. The meetings must be documented and subsequently entered into the individual’s CI file. 14. Overseeing agents must develop and follow a communications strategy and plan with the CI that minimizes, to the greatest extent possible, the risk of discovery or compromise of the relationship between the agency and the CI. This plan should also aim to prevent the detection, compromise, or interception of communications between the overseeing agent and the CI. 15. Procedures must be instituted to assist CIs with concealing their identity and maintaining their safety. Care should be given not to expose CIs to unnecessary safety risks. 16. Preceding or following every buy or sale of controlled substances, overseeing agents must screen the CI for any personal safety or mental health concerns, risk of substance abuse, and/or potential relapse in any substance abuse recovery. a. At the request of the CI, or if the overseeing agent deems it necessary, reasonable efforts should be taken to provide the CI with referral to substance abuse and/or mental health services. b. Overseeing agents must document: i. the screening, ii. any referral to services provided to, or requested by, the CI, and iii. any refusal by the CI to participate in the screening and/or any refusal by the CI to accept referral to services. Reasons for the CI’s refusal must be documented, where applicable. c. No part of this subsection supersedes MN Stat. 253B.05, sub.2. Approved by the POST Board on 4/21/22 6 17. Reasonable protective measures must be provided for a CI when any member of this agency knows or should have known of a risk or threat of harm to a person serving as a CI and the risk or threat of harm is a result of the informant’s service to this agency. 18. Overseeing agents must: a. evaluate and document the criminal history and propensity for violence of target offenders; and b. to the extent allowed, provide this information to the CI if there is a reasonable risk or threat of harm to the CI as a result of the CI’s interaction with the target offender. 19. Reasonable efforts and precautions must be made to help protect the identity of a CI during the time the person is acting as an informant. 20. Whenever possible, officers must corroborate information provided by a CI and document efforts to do so. 21. The name of a CI must not be included in an affidavit for a warrant unless judicial authority is obtained to seal the document from the public record or the CI is a subject of the investigation upon which the affidavit is based. 22. Overseeing agents are responsible for ensuring that information of potential value to other elements of the agency is provided promptly to authorized supervisory personnel and/or other law enforcement agencies as appropriate. 23. Individuals leaving employment with the agency have a continuing obligation to maintain as confidential the identity of any CI and the information he or she provided unless obligated to reveal such identity or information by law or court order. E. Establishment of an Informant File System An informant file system must be established as follows: 1. The agency chief executive must designate a file supervisor who must be responsible for developing and maintaining master CI files and an indexing system. 2. A file must be maintained on each CI deemed suitable by the agency. 3. An additional Unreliable Informant File must be established for CIs deemed unsuitable during initial suitability determinations or at a later time. 4. Each file must be coded with an assigned informant control number for identification within the indexing system and must include the following information, where applicable: a. Name, aliases, and date of birth b. Height, weight, hair color, eye color, race, sex, scars, tattoos, or other distinguishing features c. Emergency contact information d. Name of the officer initiating use of the informant and any subsequent overseeing agents e. Photograph and criminal history record f. Current home address and telephone number(s) g. Residential addresses in the last five years h. Current employer, position, address, and telephone number i. Social media accounts j. Marital status and number of children Approved by the POST Board on 4/21/22 7 k. Vehicles owned and their registration numbers l. Places frequented m. Gang affiliations or other organizational affiliations n. Briefs of information provided by the CI and the CI’s subsequent reliability o. Special skills and hobbies p. Special areas of criminal expertise or knowledge q. A copy of the signed informant agreement 5. CI files must be maintained in a separate and secured area. 6. The file supervisor must ensure that information concerning CIs is strictly controlled and distributed only to officers and other authorities who have a need and a right to such information. 7. CI File Review a. Sworn personnel may review an individual’s CI file only upon the approval of the agency’s chief executive or their designee. b. The requesting officer must submit a written request explaining the need for review. A copy of this request, with the officer’s name, must be maintained in the individual’s CI file. c. Officers must not remove, copy, or disseminate information from the CI file. d. CI files must be reviewed only in designated areas of the law enforcement facility and returned as soon as possible to their secure file location. e. All disclosures or access to CI files must be recorded by the file supervisor, to include information such as the requesting officer or agency, the purpose of access or disclosure, the information conveyed, and the date and time of access or dissemination. f. No portion of an individual’s CI file must be entered into any other electronic or related database without controls sufficient to exclude access to all but authorized personnel with a need and a right to know. F. Deactivation of Confidential Informants A CI deactivation procedure must be established as follows: 1. The overseeing agent must complete a deactivation form that includes, at minimum, the following: a. The name of the agency. b. The name of the CI. c. The control number of the CI, where applicable. d. The date of deactivation. e. The reason for deactivation. f. A notification that contractual agreements regarding monetary re-numeration, criminal justice assistance, or other considerations, specified or not, are terminated. g. A notification that the agency will provide and assist the CI with referral to health services for assistance with any substance abuse disorder and/or physical, mental, or emotional health concerns, as requested or accepted by the CI. h. A signature by the CI or documentation indicating the reason(s) why the CI was unable or unwilling to sign the form. Approved by the POST Board on 4/21/22 8 i. A signature by the overseeing agent. 2. All reasonable efforts must be taken to maintain the safety and anonymity of the CI after deactivation. G. Monetary Payments Monetary payments must be managed as follows: 1. All monetary compensation paid to CIs must be commensurate with the value of the information or assistance provided to the agency. 2. All CI payments must be approved in advance by the officer in charge of confidential funds. 3. Officers must provide accounting of monies received and documentation for confidential funds expended. Any documentation of monies paid or received should not contain the true identity of the informant but should use the CI’s control number. 4. Two officers must be present when making payments or providing funds to CIs. 5. The appropriate individual, as designated by the agency’s chief executive, must ensure that the process for authorization, disbursement, and documentation of CI payments, as well as the accounting and reconciliation of confidential funds, is consistent with agency policy. 6. If a CI is authorized to work with another law enforcement or prosecutorial agency, financial payments must be coordinated between the agencies in a manner that is proportionate to the assistance rendered to each agency and consistent with provision III.F.1. of this policy. 7. Written records of receipts are retained, or justification for the exception is documented when a written receipt is not available. Attachment Golden Valley Police Department Policy Manual Policy Manual Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Model Sexual Assault Investigation Policy 02.16.21.pdf - 554 Model Sexual Assault Investigation Policy 02.16.21.pdf Model Sexual Assault Investigation Policy 02.16.21.pdf Attachment Golden Valley Police Department Policy Manual Policy Manual Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Model Sexual Assault Investigation Policy.pdf - 555 Model Sexual Assault Investigation Policy.pdf Model Sexual Assault Investigation Policy.pdf Attachment Golden Valley Police Department Policy Manual Policy Manual Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Eyewitness Identification Procedures Model Policy.pdf - 556 Eyewitness Identification Procedures Model Policy.pdf Eyewitness Identification Procedures Model Policy.pdf Approved by the POST Board on 7/23/2020 1 EYEWITNESS IDENTIFICATION PROCEDURES MODEL POLICY Minn. Stat. 626.8433 POLICY: Officers shall adhere to the procedures for conducting eyewitness identifications set forth in this policy, in order to maximize the reliability of identifications, minimize erroneous identifications, and gather evidence that conforms to contemporary eyewitness identification protocols. Photo arrays and line-ups will be conducted by displaying the suspect and fillers sequentially using a blind or blinded administration. Purpose: It is the purpose of this policy to establish guidelines for eyewitness identification procedures involving show-ups, photo arrays, and line-ups. Erroneous eyewitness identifications have been cited as the factor most frequently associated with wrongful convictions. Therefore, in addition to eyewitness identification, all appropriate investigative steps and methods should be employed to uncover evidence that either supports or eliminates the suspect identification. Definitions: Definitions: Show-up: The presentation of a suspect to an eyewitness within a short time frame following the commission of a crime to either confirm or eliminate him or her as a possible perpetrator. Show-ups, sometimes referred to as field identifications, are conducted in a contemporaneous time frame and proximity to the crime. Line-up: The process of presenting live individuals to an eyewitness for the purpose of identifying or eliminating suspects. Photo Array: A means of presenting photographs to an eyewitness for the purpose of identifying or eliminating suspects. Administrator: The law enforcement official conducting the identification procedure. Blinded Presentation: The administrator may know the identity of the suspect, but does not know which photo array member is being viewed by the eyewitness at any given time. Confidence Statement: A statement in the witness’s own words taken immediately after an identification is made stating his or her level of certainty in the identification. Approved by the POST Board on 7/23/2020 2 Filler: A live person, or a photograph of a person, included in an identification procedure who is not considered a suspect. Sequential: Presentation of a series of photographs or individuals to a witness one at a time. Simultaneous: Presentation of a series of photographs or individuals to a witness all at once. Procedure: 1. Show-ups The use of show-ups should be avoided whenever possible in preference to the use of a lineup or photo array procedure. However, when circumstances require the prompt presentation of a suspect to a witness, the following guidelines shall be followed to minimize potential suggestiveness and increase reliability. a. Document the witness’s description of the perpetrator prior to conducting the show up. b. Conduct a show-up only when the suspect is detained within a reasonably time frame after the commission of the offense and within a close physical proximity to the location of the crime. c. Do not use a show-up procedure if probable cause to arrest the suspect has already been established. d. If possible, avoid conducting a show-up when the suspect is in a patrol car, handcuffed, or physically restrained by officers, unless safety concerns make this impractical. e. Caution the witness that the person he or she is about to see may or may not be the perpetrator—and it is equally important to clear an innocent person. The witness should also be advised that the investigation will continue regardless of the outcome of the show-up. f. Do not conduct the show-up with more than one witness present at a time. g. Separate witnesses and do not allow communication between them before or after conducting a show-up. h. If one witness identifies the suspect, use a line-up or photo array for remaining witnesses. i. Do not present the same suspect to the same witness more than once. Approved by the POST Board on 7/23/2020 3 j. Do not require show-up suspects to put on clothing worn by, speak words uttered by, or perform other actions of the perpetrator. k. Officers should scrupulously avoid words or conduct of any type that may suggest to the witness that the individual is or may be the perpetrator. l. Ask the witness to provide a confidence statement. m. Remind the witness not to talk about the show-up to other witnesses until police or prosecutors deem it permissible. n. Videotape the identification process using an in-car camera or other recording device when feasible. o. Document the time and location of the show-up, the officers present, the result of the procedure, and any other relevant information. Line-up and Photo Array Procedures 2. Basic Procedures for Conducting a Line-up or Photo Array a. Line-ups will not typically be utilized for investigations, unless conducting a photo array is not possible. b. Whenever possible, a blind presentation shall be utilized. In cases where a blind presentation is not feasible for a photo array, a blinded presentation should be used. Live line-ups must be conducted using a blind presentation. c. The line-up or photo array should consist of a minimum of six individuals or photographs. Use a minimum of five fillers and only one suspect. d. Fillers should be reasonably similar in age, height, weight, and general appearance and be of the same sex and race, in accordance with the witness’s description of the offender. e. Avoid the use of fillers who so closely resemble the suspect that a person familiar with the suspect might find it difficult to distinguish the suspect from the fillers. f. Create a consistent appearance between the suspect and the fillers with respect to any unique or unusual feature (e.g., scars, tattoos, facial hair) used to describe the perpetrator by artificially adding or concealing that feature on the fillers. g. If there is more than one suspect, include only one in each line-up or photo array. Approved by the POST Board on 7/23/2020 4 h. During a blind presentation, no one who is aware of the suspect’s identity should be present during the administration of the photo array. However, during a line-up, the suspect’s attorney should be present. i. Place suspects in different positions in each line-up or photo array, both across cases and with multiple witnesses in the same case. j. Witnesses should not be permitted to see or be shown any photos of the suspect prior to the line-up or photo array. k. The witness shall be given a copy of the following instructions prior to viewing the line-up or photo array and the administrator shall read the instructions aloud before the identification procedure. You will be asked to look at a series of individuals. The perpetrator may or may not be present in the identification procedure. It is just as important to clear innocent persons from suspicion as it is to identify guilty parties. I don’t know whether the person being investigated is included in this series. Sometimes a person may look different in a photograph than in real life because of different hair styles, facial hair, glasses, a hat or other changes in appearance. Keep in mind that how a photograph was taken or developed may make a person’s complexion look lighter or darker than in real life. You should not feel that you have to make an identification. If you do identify someone, I will ask you to describe in your own words how certain you are. The individuals are not configured in any particular order. If you make an identification, I will continue to show you the remaining individuals or photos in the series. Regardless of whether you make an identification, we will continue to investigate the incident. Since this is an ongoing investigation, you should not discuss the identification procedures or results Approved by the POST Board on 7/23/2020 5 l. The line-up or photo array should be shown to only one witness at a time; officers should separate witnesses so they will not be aware of the responses of other witnesses. m. Multiple identification procedures should not be conducted in which the same witness views the same suspect more than once. n. Officers should scrupulously avoid the use of statements, cues, casual comments, or providing unnecessary or irrelevant information that in any manner may influence the witnesses’ decision-making process or perception. o. Following an identification, the administrator shall ask the witness to provide a confidence statement and document the witness’s response. p. The administrator shall ask the witness to complete and sign an Eyewitness Identification Procedure Form. q. Line-up and photo array procedures should be video or audio recorded whenever possible. If a procedure is not recorded, a written record shall be created and the reason for not recording shall be documented. In the case of line-ups that are not recorded, agents shall take and preserve a still photograph of each individual in the line-up. 3. Photographic Arrays a. Creating a Photo Array 1. Use contemporary photos. 2. Do not mix color and black and white photos. 3. Use photos of the same size and basic composition. 4. Never mix mug shots with other photos and ensure consistent appearance of photograph backgrounds and sizing. 5. Do not include more than one photo of the same suspect. 6. Cover any portions of mug shots or other photos that provide identifying information on the subject – and similarly cover other photos used in the array. 7. Where the suspect has a unique feature, such as a scar, tattoo, or mole or distinctive clothing that would make him or her stand out in the photo array, filler photographs should include that unique feature either by selecting fillers who have the same features themselves or by altering the photographs of fillers to the extent necessary to achieve a consistent appearance. 8. Fillers should not be reused in arrays for different suspects shown to the same witness. b. Conducting the Photo Array 1. The photo array should be preserved, together with full information about the identification process as part of the case file and documented in a report. Approved by the POST Board on 7/23/2020 6 2. If a blind administrator is not available, the administrator shall ensure that a blinded presentation is conducted using the following procedures. a. Place the suspect and at least five filler photos in separate folders for a total of six (or more depending on the number of fillers used). b. The administrator will take one folder containing a known filler and place it to the side. This will be the first photo in the series. The administrator should then shuffle the remaining folders (containing one suspect and the remainder of fillers) such that he or she cannot see how the line-up members are ordered. These shuffled folders will follow the first filler photo. The stack of photos is now ready to be shown to the witness. c. The administrator should position himself or herself so that he or she cannot see inside the folders as they are viewed by the witness. 3. The witness should be asked if he or she recognizes the person in the photo before moving onto the next photo. If an identification is made before all of the photos are shown, the administrator should tell the witness that he or she must show the witness all of the photos and finish showing the sequence to the witness, still asking after each photo if the witness recognizes the person in the photo. 4. If possible, the array should be shown to the witness only once. If, upon viewing the entire array the witness asks to see a particular photo or the entire array again, the witness should be instructed that he or she may view the entire array only one additional time. If a second viewing is permitted, it must be documented. 4. Line-ups a. Conducting the Line-up 1. Live line-ups shall be conducted using a blind administrator. 2. Ensure that all persons in the line-up are numbered consecutively and are referred to only by number. b. The primary investigating officer is responsible for the following: 1. Scheduling the line-up on a date and at a time that is convenient for all concerned parties, to include the prosecuting attorney, defense counsel, and any witnesses. 2. Ensuring compliance with any legal requirements for transfer of the subject to the line-up location if he or she is incarcerated at a detention center. 3. Making arrangements to have persons act as fillers. 4. Ensuring that the suspect’s right to counsel is scrupulously honored and that he or she is provided with counsel if requested. Obtaining proper documentation of any waiver of the suspect’s right to counsel. 5. Allowing counsel representing the suspect sufficient time to confer with his or her client prior to the line-up and to observe the manner in which the line-up is conducted. References: Approved by the POST Board on 7/23/2020 7 References: Eyewitness Identification Procedure Form Sequential Photo Display Form Golden Valley Police Department Policy Manual Policy Manual Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***Index - 557 INDEX / TOPICS A ABUSE OF AUTHORITY ......... 9 ACCOUNTABILITY TO SUPERVISOR .. 18 ADMINISTRATIVE INVESTIGATIONS OIS................ 67 Vehicle damage........... 476 ADULT ABUSE Investigations............ 412 AIRCRAFT Accidents............. 300 Temporary flight restrictions...... 172 ALCOHOL Firearms.............. 75 Intoxicants............. 161 Vehicle use............. 473 AMMUNITION Kinetic energy projectiles........ 52 ANIMAL CONTROL .......... 517 ANIMALS Euthanize.............. 77 Injured............... 77 APPOINTMENT Chaplain coordinator......... 218 APPOINTMENTS Community relations coordinator.... 240 Operations director ....... 442, 447 Part-time officer/deputy coordinator... 178 Petty cash fund manager....... 482 Press information officer (PIO)..... 171 ARRESTS Consular notifications......... 524 Control devices............ 49 First amendment assemblies...... 365 Log................ 172 Towed vehicles........... 394 ASSET FORFEITURE ......... 416 AUDIO/VIDEO RECORDING Custodial interrogation........ 412 Holding cells............ 528 AUDITS Informant files........... 425 Informant funds........... 428 Petty Cash............. 482 Public safety video surveillance..... 224 AUTHORITY Law enforcement........... 9 Part-time officers/deputies....... 177 AUTOMATED LICENSE PLATE READER (ALPR) ............... 338 AUXILIARY RESTRAINTS ....... 46 B BADGES, PATCHES AND IDENTIFICATION Part-time officers/deputies....... 176 BARRICADED SUSPECT ........ 276 BARRICADED SUSPECTS ....... 275 BIAS-BASED POLICING ........ 252 BIOLOGICAL SAMPLES Hazards.............. 301 BODY ARMOR Suspects.............. 71 BOMBS Aircraft accidents.......... 301 Chaplains............. 220 MDT/MDC............. 326 C CANINES Foot pursuits............ 333 CASH Audit............... 428 Custody.............. 528 CHAPLAINS ............. 217 CHIEF EXECUTIVE .......... 11 CHILD ABUSE ............ 126 Child Mortality Review Panels..... 133 Mandatory notifications........ 126 Protective custody.......... 128 CHILD AND DEPENDENT ADULT SAFETY 228 CHILDREN Firearms.............. 75 Safety............... 526 CITATION RELEASES ......... 287 CIVIL Liability response........... 68 Subpoenas............. 175 CIVIL DISPUTES ........... 368 CIVILIAN/NON-SWORN Crisis intervention incidents...... 357 Investigation and prosecution...... 411 COMMAND STAFF Petty cash audit........... 482 COMMUNICABLE DISEASES Custody.............. 521 Golden Valley Police Department Policy Manual Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***- 558 COMMUNICATION CENTER Mandatory sharing.......... 181 COMMUNITY ADVISORY COMMITTEE . 242 COMMUNITY RELATIONS ....... 239 COMPUTERS Digital evidence........... 413 CONDUCT OIS................ 62 Standards of conduct......... 160 CONFIDENTIALITY Chaplains............. 221 Custodial telephone calls....... 526 Informants............. 423 CONTACTS AND TEMPORARY DETENTIONS Bias-based policing......... 253 Warrant Service........... 444 CONTROL DEVICES .......... 49 Custody.............. 527 Training.............. 295 CORRESPONDENCE .......... 26 COURT APPEARANCES ........ 174 COURT ORDERED FIREARM SURRENDERS Child Abuse............ 133 COURT ORDERED FIREARMS SURRENDER Domestic Violence.......... 104 COURT ORDERS Civil disputes............ 369 Subpoenas............. 174 CRIME ANALYSIS .......... 490 CRIME AND DISASTER SCENE INTEGRITY ................... 257 CRIMINAL ACTIVITY REPORTING ... 166 CRIMINAL GANG INVESTIGATIVE DATA SYSTEM ............... 313 CRIMINAL INTELLIGENCE ...... 312 CRIMINAL ORGANIZATIONS ..... 312 CRISIS INTERVENTION INCIDENTS .. 353 CRISIS NEGOTIATION TEAM ..... 259 CRISIS RESPONSE UNIT ........ 259 CUSTODIAL INTERROGATIONS .... 412 CUSTODIAL SEARCHES ........ 532 Training.............. 536 D DAMAGE BY PERSONNEL ....... 168 DEATH Traffic related............ 390 DEATH NOTIFICATION ........ 192 DEBRIEFING Warrant Service........... 444 DECONFLICTION ........... 449 DEFECTIVE VEHICLES ........ 468 DEPARTMENT/OFFICE-OWNED PROPERTY ................... 460 Loss or damage........... 461 DEPARTMENTAL DIRECTIVES ..... 19 DEPENDENT ADULTS Safety............... 526 DISCLAIMERS Policy Manual............ 13 DISPUTED CLAIMS .......... 499 DNA SAMPLES ............ 215 DRIVING MDT/MDC............. 324 Safety............... 161 E ELECTRICAL LINES ......... 298 ELECTRONIC MAIL .......... 24 EMERGENCY UTILITY ........ 298 EVIDENCE Bombs............... 283 Digital............... 413 Public Safety Video Surveillance.... 224 Seizing recordings.......... 328 EXPLOSIONS ............ 282 EXPOSURE(S) ............ 274 F FIELD TRAINING OFFICER ...... 304 FIREARMS Conduct.............. 161 Custody.............. 527 Destruction of animals........ 519 Part-time officers/deputies....... 177 Retiree carry............. 28 Vehicle Use............ 474 FIRST AMENDMENT ASSEMBLIES ... 359 FOREIGN Nationals.............. 524 FOREIGN DIPLOMATIC AND CONSULAR REPRESENTIVES ........... 289 FORMS Firearms training........... 77 Unauthorized possession of medical cannabis.............. 373 G Golden Valley Police Department Policy Manual Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***- 559 GANGS ............... 315 H HANDCUFFING AND RESTRAINTS Custody.............. 528 HANDCUFFS ............. 45 HATE OR PREJUDICE CRIMES ..... 152 HAZARDOUS MATERIAL ....... 273 HAZARDOUS MATERIAL (HAZMAT) RESPONSE Aircraft accidents.......... 301 Traffic............... 389 HEARING IMPAIRED/DISABLED Communication........... 206 HELICOPTER ASSISTANCE ...... 307 HIGH-VISIBILITY VESTS ....... 387 HOSTAGE AND BARRICADE INCIDENTS Rapid response and deployment..... 293 HOSTAGE SITUATION ........ 277 HOSTAGES ............. 275 I IDENTITY THEFT ........... 195 IMPAIRED DRIVING ......... 396 INFORMANTS ............ 423 INFORMATION TECHNOLOGY USE ... 162 INSPECTIONS Control devices............ 49 Firearms .......... 70, 75, 77 Firearms ............ 75, 77 Holding cells............ 528 Vehicles.............. 471 INVESTIGATION AND PROSECUTION . 411 J JURISDICTION Aircraft accidents.......... 301 Consular notification......... 524 OIS .............. 61, 61 JURSIDICTION Traffic collisions.......... 389 K KEYS Vehicle.............. 472 KINETIC ENERGY PROJECTILE ..... 51 L LAW ENFORCEMENT AUTHORITY .... 9 LEG IRONS .............. 46 LEG RESTRAINTS ........... 46 LIMITED ENGLISH PROFICIENCY Eyewitness identification....... 430 LIMITED ENGLISH PROFICIENCY ... 198 M MEDIA Aircraft accidents.......... 302 First amendment assemblies...... 365 OIS................ 69 Operations plans........... 451 Warrant Service........... 445 MEDIA RELATIONS ......... 171 Restricted information........ 173 MEDIA REQUEST ........... 171 MEDICAL Aircraft accidents.......... 300 Screening - custody adults....... 526 Treatment for OC spray........ 51 Treatment for tear gas......... 50 MINIMUM STAFFIN .......... 27 MOBILE DIGITAL TERMINAL USE ... 324 MUTUAL AID ............ 180 First amendment assemblies...... 363 N NONSWORN Vehicles.............. 473 NOTIFICATION Consular.............. 524 NOTIFICATIONS Aircraft accidents.......... 301 OIS................ 63 Statutory DWI........... 397 Traffic death............ 390 Vehicle towing........... 394 O Golden Valley Police Department Policy Manual Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***- 560 OATH OF OFFICE ........... 12 OC SPRAY .............. 50 OC SPRAY .............. 50 OFFICER SAFETY Crime and disaster scene integrity.... 257 Firearm confiscation.......... 63 Foot pursuits............ 333 Informants............. 425 LEOSA............... 28 Vehicle towing........... 395 Warrant Service........... 442 OFFICER/DEPUTY RESPONSE TO CALLS . 93 OLEORESIN CAPSICUM ........ 50 OPERATIONS PLANNING AND DECONFLICTION ........... 447 ORGANIZATIONAL STRUCTURE .... 17 OUTSIDE AGENCY ASSISTANCE .... 180 OVERTIME Court............... 175 P PARKING .............. 473 PART-TIME OFFICERS/DEPUTIES ... 176 PATROL FUNCTION ......... 249 PEPPER SPRAY ............ 50 PERSONAL PROPERTY ........ 460 Loss or damage........... 461 PERSONNEL COMPLAINTS Part-time officer/deputies....... 179 PERSONNEL ORDERS ......... 26 PHOTOGRAPHS Aircraft accidents.......... 302 First amendment assemblies...... 360 PLASTIC CUFFS ............ 45 POLICY MANUAL ........... 13 POLICY REVISIONS .......... 15 PREGNANCY Custody ........... 521, 528 PRESS INFORMATION OFFICER (PIO) .. 171 PRIVACY EXPECTATION MDT/MDC............. 324 Technology use........... 162 PRIVACY EXPECTATIONS Vehicles.............. 471 PRIVATE PERSONS ARRESTS ..... 196 PROPERTY PROCEDURES ....... 492 Controlled Substances........ 493 Disputed Claims........... 499 Packaging Of Property........ 495 Property Booking.......... 493 PROTECTED INFORMATION ...... 513 PROTECTED INFORMATION ...... 513 PUBLIC RECORDING OF LAW ENFORCEMENT ACTIVITY .............. 327 PUBLIC SAFETY VIDEO SURVEILLANCE VIDEO RECORDING Audio/Video............ 223 PURSUIT INTERVENTION ....... 89 PURSUIT POLICY ........... 80 PURSUITS Foot................ 333 R RANGEMASTER Control devices............ 49 Firearms.............. 70 Qualifications............ 75 RAPID RESPONSE AND DEPLOYMENT . 293 RECORDS BUREAU Impaired driving........... 401 RECORDS RELEASE Media............... 172 Public safety video surveillance..... 225 REFLECTORIZED VESTS ....... 387 RELIGIOUS Accommodations in custody...... 527 REPORT CORRECTIONS ........ 169 REPORT PREPARATION ........ 166 RESTRAINTS ............. 44 REVIEWS Bias-based policing - annual...... 254 Chaplain program - annual....... 218 Crisis intervention incidents...... 357 RIDE-ALONG Eligibility............. 270 RISK ASSESSMENT .......... 447 ROLL CALL TRAINING ........ 256 S SAFE HAVEN ............ 130 SAFETY Canine............... 472 Conduct.............. 161 Control devices............ 52 Firearms.............. 74 First responder........... 257 Media............... 171 Temporary flight restrictions...... 172 SAFETY EQUIPMENT Chaplains............. 218 Golden Valley Police Department Policy Manual Copyright Lexipol, LLC 2024/12/16, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT***- 561 SCRAP METAL THEFT INVESTIGATION . 453 SEARCH AND SEIZURE ........ 105 SEARCH WARRANTS ......... 442 SEARCHES Police vehicle inspection....... 471 SEARCHING Dead Bodies............ 192 SPECIAL WEAPONS AND TACTICS ... 278 SPECIAL WEAPONS AND TACTICS TEAM 259 SPIT HOODS ............. 45 STANDARDS OF CONDUCT ...... 155 SUBPOENAS ............. 174 SUPERVISION DEPLOYMENTS ..... 27 SUPERVISION STAFFING LEVELS .... 27 SUSPICIOUS ACTIVITY REPORTING .. 346 T TAKE HOME VEHICLES ........ 474 TEAR GAS .............. 50 TECHNOLOGY USE .......... 162 TEMPORARY CUSTODY OF ADULTS .. 521 TOLL ROADS ............ 477 TRAFFIC Collisions............. 389 Enforcement............ 386 TRAFFIC CITATIONS ......... 387 TRAFFIC FUNCTION ......... 386 TRAFFIC OFFICER .......... 386 TRAFFIC SIGNAL ........... 299 TRAINING Chaplains............. 221 Community relations......... 243 Control devices............ 53 Custody.............. 531 DWI enforcement.......... 402 Firearms.............. 75 First amendment assemblies...... 367 Hate and prejudice crimes....... 154 Operation planning and deconfliction... 452 Part-time officers/deputies....... 179 Public safety video surveillance..... 227 Rapid response and deployment..... 295 Warrant Service........... 446 TRAINING Criminal Organizations........ 315 SWAT............... 262 U UNIFORMS Chaplains............. 218 Part-time officers/deputies .... 176, 177 UNITY OF COMMAND ......... 18 USE OF FORCE Forced samples........... 399 UTILITY SERVICE .......... 298 V VEHICLE MAINTENANCE ....... 468 VEHICLES Inventory............. 395 Towing.............. 393 VIDEO RECORDINGS First amendment assemblies...... 360 W WASHING OF VEHICLES ....... 469 WATCH COMMANDERS ........ 316 WATER LINES ............ 298