(See General Orders 439.16: Investigations Constitutional Compliance, 437.02: Use of Detention and Arrest, 630.03 Serious Juvenile Traffic Offenses)
On-Scene Arrests:
The Miranda warning must be given only in situations of custody and interrogation. Specifically, if a person is under arrest and you, as a police officer intend to question the subject, that person must be warned. Custodial interrogation is defined as, Questioning initiated by law enforcement officers after a person is taken into custody or otherwise deprived of his or her freedom in any significant way.
Spontaneous and/or unsolicited statements made by the suspect without the Miranda warning are admissible in court. Should a suspect make such statements, the officer need not interrupt or provide the Miranda warning. When such statements are made, they should be carefully listened to and documented in the respective report.
It should be noted that many situations arise in which the Miranda warning is not required. For further information refer to Training Bulletin 90-2: Interrogation and Miranda Warning Requirements.
It is always advisable to remove a suspect from the view of spectators as soon as possible. [Redacted].
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The arresting officers should keep in mind that while their primary duty is to get their prisoner to her/his destination, the ultimate goal is still the successful prosecution.
Prisoners should be separated as soon as possible, and kept separated while in jail to prevent them from communicating or fabricating a story. Officers should be alert to prisoners attempting to dispose of evidence.
When clothing is of evidentiary value, it should be taken from them in the jail and turned in as evidence. This should be done after a picture has been taken of them with their clothes on. Prisoners will be provided with a pair of coveralls to wear by the correction officers.
A criminal citation is issued to adult offenders as the initial step in the prosecution process for all misdemeanor and petty misdemeanor cases other than traffic violations, whether or not an arrest is made, (Rule 6 Subdivision 1, Minnesota Rules of Criminal Procedure). Do not give tag for felonies, gross misdemeanors, or to juveniles.
If an officer decides to proceed with prosecution of a misdemeanor or petty misdemeanor, a citation must be issued and the accused no longer detained unless:
- The officer has reason to believe the defendant may not appear as promised because the accused is unable to satisfactorily identify her/him or has a past history of not responding to criminal proceedings.
- The defendant may cause harm to her/himself or another, may engage in further criminal conduct, exhibits assaultive behavior, verbally threatens others, or is charged with a crime which constitutes a violation of previous conditions of release.
"Mixed Bag Arrests":
When misdemeanor violations have been committed by a person being arrested for a current felony or gross misdemeanor offense, the arrestee should be put on the hold book for the felony or gross misdemeanor only. All misdemeanor and petty misdemeanor charges should be listed in the report. [Redacted].
If a failure to obtain a charge for a felony or gross misdemeanor occurs, the unit handling the arrest may then issue citations on the misdemeanors.
Persons Arrested for Another Jurisdiction:
The primary Saint Paul officer assisting an agency from another jurisdiction which results in an arrest in the City of Saint Paul will submit documentation (police report, pictures, etc.) consistent with department policy to include:
- Outside agency name, officer(s) name, case number, etc.
- Name of person arrested, arrest location, time arrest and basis for arrest.
- Name, addresses of person(s) with the suspect at the time of his or her arrest.
All persons arrested in the City of Saint Paul must be booked into the Ramsey County Law Enforcement Center prior to being transported to another jurisdiction for detention if the following factors exist:
- Physical force was used to apprehend the arrested person by a Saint Paul police officer.
- The arrested person is also wanted for criminal offenses committed in the City of Saint Paul.
If neither of the two conditions applies, the suspect may be turned over to the outside agency.
Revised August 20, 2013