| Topic | Statute | Key Point |
|---|---|---|
| Criminal Code Definitions | MSS 609.02 | All offense level definitions |
| Violent Crime | MSS 609.1095 | Defines "violent crime" for sentencing purposes |
| Criminal Sexual Conduct | MSS 609.342–609.3451 | 1st–5th degree CSC |
| Cyber Crime | MSS 609.87–609.8913 | Computer crime definitions |
| Gang Crime | MSS 609.229 | Crime committed for benefit of gang |
| Terrorism | MSS 609.714 / 611A.51 | Terrorism definitions & victim rights |
| RICO | Federal – RICO Act 1970 | Racketeer Influenced and Corrupt Organizations |
Freedom of Speech, Religion, Press, Assembly, Petition
Protects individuals from government suppression of speech and peaceful assembly. Officers cannot arrest people solely for expressing unpopular opinions. Relevant to lawful protest situations, hate speech investigations (content vs. conduct), and social media posts.
Right to Bear Arms
Protects an individual's right to possess firearms. Officers must be aware of lawful concealed carry (permit holders), open carry laws, and the distinction between lawful possession and criminal possession. Relevant to traffic stops, domestic calls, and investigations.
Search and Seizure — MOST TESTED
Protects against unreasonable searches and seizures. Requires probable cause and a warrant for most searches. Key exceptions: search incident to arrest, exigent circumstances, plain view, consent, automobile exception, stop & frisk (Terry). Evidence obtained in violation = exclusionary rule (fruit of the poisonous tree).
Self-Incrimination, Due Process, Double Jeopardy
Right to remain silent; cannot be compelled to testify against yourself. Foundation of Miranda warnings. Also provides due process protections and prevents being tried twice for the same crime (double jeopardy). Grand jury required for capital crimes.
Right to Counsel, Speedy Trial, Confrontation
Right to an attorney (attaches upon formal charges/arraignment). Right to a speedy and public trial. Right to confront witnesses. Right to an impartial jury. Officers must stop questioning once a suspect invokes the right to counsel. See: MSS 481.10.
No Cruel and Unusual Punishment, Excessive Bail
Prohibits excessive force during arrest or in custody. Bars torture, degrading treatment. Relevant to restraint techniques, use of force post-custody, and treatment of detainees. Bail must be proportional to the offense and flight risk.
Equal Protection, Due Process (applies to states)
Extends federal constitutional protections to state-level actions. Prohibits unequal enforcement of laws. Foundation for civil rights protections. Requires equal treatment regardless of race, gender, religion, national origin. Directly relevant to racial profiling cases and use of force against protected classes.
A Memphis officer shot a fleeing unarmed burglary suspect. SCOTUS held this violated the 4th Amendment. Key takeaway: Fleeing alone ≠ justification for deadly force. There must be an imminent threat. Directly impacts Minnesota's MSS 609.066.
Three factors of reasonableness: (1) severity of the crime, (2) whether the suspect poses an immediate threat, (3) whether the suspect is actively resisting or fleeing. Judged from the perspective of a reasonable officer on the scene — not with 20/20 hindsight. The foundation for all use-of-force policy.
Detective Terry observed men casing a store. SCOTUS upheld the stop-and-frisk as constitutional. Key terms: "Terry stop" (investigative detention) and "Terry frisk" (pat-down for weapons). Reasonable suspicion = specific, articulable facts — not a hunch. Distinguished from full arrest which requires probable cause.
Required when: suspect is in custody AND subject to interrogation. Both elements required. Public safety exception exists (New York v. Quarles). Waiver must be voluntary, knowing, and intelligent. Invocation requires cessation of questioning. Relevant MN statute: MSS 481.10.
Protective Orders & Domestic Violence
| Order/Term | Statute | Key Points |
|---|---|---|
| Domestic Abuse Act | MSS 518B.01 | Defines "domestic abuse" and establishes the civil protection order (OFP) system. Domestic abuse includes physical harm, fear of imminent harm, criminal sexual conduct, or interference with an emergency call between family/household members. |
| Order for Protection (OFP) incl. Ex-Parte OFP | MSS 518B.01 | Civil order protecting domestic abuse victims. Ex-Parte OFP: Issued without the other party present — emergency order when immediate danger exists. Violation of OFP = criminal offense (misdemeanor or felony depending on history). |
| DANCO | Criminal Proceeding | Domestic Abuse No Contact Order — issued as condition of bail/release in criminal cases. Prohibits contact with the victim. |
| HRO | MSS 609.748 | Harassment Restraining Order — civil order for non-domestic harassment. Violation = misdemeanor (or GM/felony if repeat). |
| QDVRO | MSS 609.02 | Qualified Domestic Violence-Related Offense — enhances penalties for repeat DV offenders across a broad range of crimes. |
| Domestic Assault & Family/Household Member | MSS 609.2242 | Assault against a "family or household member." Family/household member includes spouses, former spouses, parents, children, blood relatives, people who live together or have lived together, people who have a child in common, and people in a significant romantic or sexual relationship. Mandatory arrest policy in MN for probable cause of domestic assault. |
Arrest & Search Authority
Other Critical Definitions
Criminal Sexual Conduct — MSS 609.342–609.3451
| Degree | Statute | Key Elements | Level |
|---|---|---|---|
| 1st Degree CSC | MSS 609.342 | Sexual penetration + aggravating circumstances (weapon, force/coercion, victim under 13, multiple actors, significant injury) | Felony |
| 2nd Degree CSC | MSS 609.343 | Sexual contact (not penetration) + same aggravating circumstances as 1st degree | Felony |
| 3rd Degree CSC | MSS 609.344 | Sexual penetration with a victim 13–15 (actor 24+), or with use of force/coercion, or victim mentally impaired/incapacitated | Felony |
| 4th Degree CSC | MSS 609.345 | Sexual contact (not penetration) under same circumstances as 3rd degree | Felony |
| 5th Degree CSC | MSS 609.3451 | Nonconsensual sexual contact or lewd/lascivious behavior; exposure in presence of minor | Gross Misd. / Felony |
Key distinction: 1st & 3rd involve penetration. 2nd & 4th involve contact only. Aggravating factors (weapon, victim age, force, multiple actors) elevate degree.
Delinquent Child
A child who has committed an act that would be a crime if committed by an adult, or who has violated a lawful order of the court. Subject to juvenile court jurisdiction.
Juvenile Petty Offender
Child who commits a petty misdemeanor, misdemeanor, or certain other minor offenses. Less serious than delinquency. Handled with lesser court intervention.
Juvenile Traffic Offender
Child who has violated any traffic law or ordinance. Handled through juvenile traffic court process separate from adult traffic court.
Certified to Adult Court
Juvenile certified (transferred) to adult court when: age 14+, charged with felony, presumption that public safety requires adult prosecution. Results in adult criminal record if convicted.
Extended Jurisdiction Juvenile (EJJ)
Hybrid disposition — juvenile receives both a juvenile sentence and a stayed adult sentence. If juvenile violates conditions, adult sentence is executed. Allows rehabilitation opportunity while maintaining accountability.
Capability to Commit Crime
Children under age 10 cannot be charged with a crime. Children 10–13 have limited criminal liability. Children 14+ are presumed capable of committing crimes and can be certified to adult court.
I/DD Interaction Strategies
- Use de-escalation techniques
- Be patient — calm responses minimize distress or aggression
- Consult family members or support persons
- Consider alternatives to custody
- Minimize trauma if arrest is necessary
- Avoid giving Miranda Rights without attorney/advocate
- Ensure the individual understands their rights
Examples: Autism Spectrum Disorder, Down Syndrome, Fetal Alcohol Spectrum Disorder
Crisis Response Strategies
- Partner with mental health and community agencies
- Gather info from personal observation, family, clinicians
- Request backup and specialized assistance (CIT)
- Use calming techniques: eliminate emergency lights/sirens
- Use nonthreatening manner and slow movements
- Provide information on mental health resources
- Know legal requirements for involuntary psychiatric commitment
- Document interactions in detail
Recognize These Signs
- Impaired sense of danger
- Wandering or elopement
- Overwhelmed by police presence/equipment
- Fear or curiosity toward uniforms
- "Fight or flight" reactions
- Delayed speech or lack of response to commands
- Repetitive behaviors (stimming)
- Sensory sensitivities
- Possible epilepsy
ASD Best Practices
- Be patient and give personal space
- Use simple, concrete sentences
- Allow time for processing and response
- Watch for signs of frustration
- Avoid quick movements and loud noises
- Do not touch unless necessary
- Use caregiver for tailored response
- Reduce sources of sensory stress
Authorized Use of Force — MSS 609.06
A peace officer may use reasonable force when:
- Authorized by law to make an arrest or prevent escape
- Making a lawful arrest
- Executing legal process
- Preventing escape from lawful custody
- Defending themselves or others from bodily harm
Force used must be proportional to the threat and circumstances.
Authorized Use of Deadly Force — MSS 609.066
A peace officer may use deadly force only when:
- The officer reasonably believes there is an imminent threat of great bodily harm or death to the officer or another person, AND
- The use of deadly force is necessary to protect against that threat
Duty to Intercede and Report — MSS 626.8475
A peace officer who observes another officer using unauthorized force has a duty to:
- Intercede to prevent or stop the unlawful use of force when it is safe and feasible
- Report the incident to a supervisor as soon as practicable
Failure to intercede when safe and feasible may result in disciplinary action or criminal liability.
Strategies for Taking a Person Into Custody
- Approach with Caution: Every arrest may present danger regardless of offense
- Handcuffing: Per training and agency policy. Use front cuffing for pregnant individuals, physical handicaps, mental illness, injured persons
- Position restrained individuals: On their side to assist breathing — avoid pressure on chest, neck, or head
- Search Incident to Arrest: Thorough search of person and areas within reach/control
- Protective Sweeps: Sweep premises if reasonable belief of danger from third parties
- Post-Arrest: Protect officer, victim/third parties, and arrestee from self-injury. Keep victims away from arrestee
Prior Impaired Driving
A prior DWI conviction or license revocation incident within the past 10 years.
High BAC
Blood alcohol concentration (BAC) of 0.16 or higher at the time of driving.
Child in Vehicle
A child under age 16 was in the motor vehicle at the time of the DWI offense.
DAC-IPS (Gross Misdemeanor)
Most serious form. Driving after license cancelled as inimical to public safety. Max 1 year jail / $3,000 fine / 30+ days license suspension.
Reinstatement requires: chemical dependency treatment + ignition interlock device + B-Card restriction (no alcohol).
IPS Cancellation Triggers
- DUI or DWI conviction
- Repeated driving offenses
- Reckless driving
- Physical or mental impairment
- Failing a driver's test
- Providing false information on application
| Topic | Statute | Key Points |
|---|---|---|
| Speed Limits / Radar | MSS 169.14 | Absolute limits, prima facie limits. Radar enforcement requirements. |
| Emergency Vehicles | MSS 169.17 | Right of way for emergency vehicles with lights/siren. Civilian duty to yield and pull over. |
| Turning, Starting, Signaling | MSS 169.19 | Proper turn signals, yielding when turning, safe starting of vehicle. |
| Pedestrian Rights | MSS 169.21 | Right of way in crosswalks, duties of drivers and pedestrians. |
| Wireless Device Use | MSS 169.475 | Prohibition on handheld device use while driving. Hands-free required. |
| Vehicle Lighting | MSS 169.48 | Required lighting equipment, headlight/taillight requirements. |
| Seat Belt / Child Restraint | MSS 169.685 / 169.686 | Required for all occupants. Child restraint system requirements by age/weight. |
| Vehicle Registration | MSS 169.79 | Proper display of registration and tabs required. |
| Proof of Insurance | MSS 169.791 / 169.797 | Must provide proof upon request. Driving without insurance = misdemeanor / license revocation. |
| School Buses | MSS 169.444 | Mandatory stop for school bus stop arm. Violations: misdemeanor or gross misdemeanor. |
| Reckless / Careless Driving | MSS 169.13 | Reckless = misdemeanor. Causes death = felony. Careless = misdemeanor or gross misdemeanor. |
| Fleeing Peace Officer | MSS 609.487 | Fleeing in motor vehicle = felony. Increased penalties if causes death or GBH. |
| Auxiliary Lights | MSS 169.56 | Governs use of additional/supplemental lighting on vehicles beyond standard required equipment. |
| Number of Lamps | MSS 169.63 | Limits on how many lights/lamps a vehicle may display while in operation on public roads. |
| Prohibited Lights | MSS 169.64 | Prohibits certain colors and types of lights on non-emergency vehicles (e.g., red or blue lights restricted to emergency vehicles). |
| License Revocation – No Insurance | MSS 169.792 | License revoked upon conviction for operating without required insurance coverage. |
| Vehicle Insurance; Unlawful Acts | MSS 169.793 | Prohibits knowingly operating, permitting operation of, or providing false insurance documents for an uninsured vehicle. |
| Ted Foss Move Over Law | MSS 169.18, subd. 11 | Must move over one lane OR slow to safe speed when passing emergency/maintenance vehicles stopped on roadway with lights activated. |
Lighting Exemption for LE
Law enforcement vehicles are exempt from certain lighting restrictions when operating emergency lights. Allows use of lights not otherwise permitted on civilian vehicles.
Required Medical Equipment
Patrol vehicles must carry required medical equipment. Officers must have training on its use. Includes AED requirements.
Transporting Persons in Custody
- Place suspect in rear seat, passenger side with seat belt fastened (unless unsafe)
- If feasible, transport female suspects with a female officer or second officer
- Report starting odometer, location, and destination via radio/cell at start and end
- Document any injury complaints; provide medical attention if requested
What You Can Search
- Thorough search of the arrested person's body
- Areas within the arrestee's reach and control
- Seize and preserve any criminal evidence found
- Follow agency policy for strip/body cavity searches
When Permitted
- Permitted when: reasonable belief of danger from third parties in premises
- Limited to quick visual check of spaces where person could be hiding
- Can be conducted without a warrant incident to arrest
Safety Responsibilities
- Protect officer from arrestee
- Protect victims/third parties from arrestee
- Protect arrestee from self-injury or injury by others
- Prevent close proximity between victims and arrestee
- Do NOT let arrestee out of immediate presence until secured
MSS 626.8457
- Officers must conduct themselves professionally at all times
- Duty to report misconduct of other officers
- MSS 626.8451 – Identifying and responding to certain crimes
- Hate crime reporting: MSS 626.5531
Community Partnerships
Collaborative partnerships between the law enforcement agency and the individuals and organizations they serve to develop solutions to problems and increase trust in police. Includes businesses, schools, faith communities, and advocacy organizations.
Organizational Transformation
The alignment of organizational management, structure, personnel, and information systems to support community partnerships and proactive problem solving. Cultural change within the department itself.
Problem Solving
The process of engaging in the proactive and systematic examination of identified problems to develop and evaluate effective responses. Uses the SARA model (Scan, Analyze, Respond, Assess).
Intelligence-Led Policing
Attempts to identify potential victims and potential repeat offenders, then works in partnership with the community to provide offenders with an opportunity to change their behavior before being arrested for a more severe crime. Uses data analysis, community intelligence, and targeted interventions.
Racial Profiling — Definition
Any action by law enforcement based on an individual's race, ethnicity, or national origin rather than their behavior or specific information that leads to identifying them as involved in criminal activity.
Effect: Damages credibility, erodes community trust, leads to perception of biased treatment, reduces community cooperation.
Pretextual Stop
Stops initiated for a traffic violation with the actual purpose of investigating or searching for evidence of another, unrelated crime.
Differs from racial profiling: A pretextual stop uses a legitimate violation as justification, whereas racial profiling is based solely on race/ethnicity with no behavior-based justification.
Officers must be able to articulate valid reasons for vehicle stops.
Hate Crimes
FBI Definition: A criminal offense motivated by bias against race, religion, disability, sexual orientation, ethnicity, gender, or gender identity.
Reporting: Peace officers must report bias-motivated crimes to their department head with detailed offense information. BCA collects and tracks data statewide.
Implicit Bias
Unconscious attitudes or stereotypes that affect decisions and actions. Differs from explicit (conscious) bias. Can affect stops, searches, use of force decisions, and arrests.
Officers are trained to recognize and counteract implicit bias through awareness, policy, and accountability.