The Saint Paul Police Department has published this online policy manual as part of our commitment to transparency.
The online manual should be used for informational purposes only. Certain not public data have been redacted according to the Minnesota Government Data Practices Act, including sections 13.82 and 13.37. The Saint Paul Police Department manual is a living document that is updated and amended as needed, and the online manual will be updated to reflect current official policy. If there are differences between the online and official versions of department policies, the official version will take priority. Please contact the department for official versions of department policies. Thank you for viewing.
If you wish to provide feedback on the online version of this manual, please see our feedback form.
600.00 Traffic and Crash Investigations
This general order contains the rules and procedures to aid the department employees in the execution of line duties and procedures involving traffic and crash investigations. It also contains procedures relating to the operational functions of the investigative section of citywide services, plus special related assignments and duties.
-
The primary goal of the departments attention to traffic matters is to promote the flow of vehicular and pedestrian traffic.
Traffic law enforcement and the delivery of police traffic related services will be applied in a consistent and courteous manner to foster a positive public attitude and acceptance of such enforcement and control.
The department will participate in the drafting and/or review of proposed legislation to determine impact, and the need for additional personnel or equipment.
Police traffic services include the following functions:
- Traffic law enforcement.
- Traffic control and direction.
- Traffic crash management.
- Ancillary services.
- Administration support.
Revised July 1, 2011
-
Primary dissemination of traffic crash information will come from the records unit. The public information officer or on-duty watch commander may disseminate information to the media over the phone.
If a crash report is under active investigation, the caller will be referred to the investigator. If a discrepancy is found, the caller will be referred to the reporting officer, to make any necessary amendments. If a party formally challenges the accuracy of the report, s/he will be asked to place it in writing and forward it to the data compliance official.
The records unit will explain how information can be obtained. The records unit is also responsible for helping the public or other agencies obtain information and copies of reports in which they were involved.
Revised July 1, 2011
-
The purpose of traffic crash investigation and reporting is to:
- Protect the rights of citizens
- Enhance safe driving practices
- Eliminate or reduce the causes of crashes
- Enforce laws relating to traffic movement and motor vehicle operation
An officer’s duties and responsibilities as they relate to traffic crashes are defined by city ordinances, Minnesota Statutes, and department procedures.
Procedures
Crash Investigations:
Crash investigations involve the collection of factual information identifying and describing people, roads, and vehicles involved; describing the results of the crash in terms of damage to vehicles and roadside objects, injuries to people, marks and residue on the road, and final positions of vehicles and injured parties; interpretation of these facts in the terms of behavior of road users involved; and, sometimes, an attempt to specify the combination of factors required to produce that particular crash. In order to conduct a preliminary investigation, the officer must apply interviewing skills, apply elements of the offense, discover evidentiary items and recover or record those items.
Initial investigations of a crash will be conducted by the responding officer. Crash Response Officers or the Forensic Services Unit may be contacted and called to crash scenes pursuant to G.O. 612.00.
Photography:
Photographs will be taken at all crash scenes involving serious personal injury or death.
Hazardous Materials at Crash Scenes:
Officers will be cautious and observant for any evidence or indication that hazardous materials could be present at crash scenes. If evidence exists of an unknown and/or hazardous material at a crash scene, the officer will contact the Saint Paul Fire Department. Officers should safely evacuate all persons and provide adequate protection to the scene until the Saint Paul Fire Department arrives.
Supervision at Crash Scenes:
The supervisor will:
- Respond to all crashes involving fatalities, serious personal injury, criminal vehicular operation and those involving department vehicles.
- Ensure all necessary reports and a thorough investigation at the scene was completed.
- Make notifications, if necessary, based on the department’s notification guide.
Traffic Crash Reporting
Traffic crash reporting involves the collection of basic data to identify and classify a traffic crash, persons, vehicles, time, location, planned movements involved, and possible contributing factors such as traffic law violations.
Officers always have the discretion of documenting crashes by going beyond the minimum standards as listed below on the Traffic Crash Reporting chart. The Department reports traffic crashes in three formats. The chart will show what type of reporting procedure is required by the officer.
Accident Information Card
The Accident Information Card is a document for officers to provide to drivers involved in non-injury property damage crashes. The card explains the statutory requirements of drivers to provide certain information when involved in crashes. It also helps facilitate the exchange of that information by providing a space for the drivers to collect or provide that information in regard to the other driver(s) for potential insurance purposes. This card does not absolve an officer(s) of report writing requirements for certain types of crashes as dictated in this policy. Furthermore, this card is not a replacement for an officer’s business card. Officers shall still provide a business card when required by department policy.
MNCrash Report:
MNCrash is a state electronic reporting system that can be accessed by all officers using the MyBCA website. The reports submitted in this system will be sent electronically to the State of Minnesota. Data from MNCrash will be transmitted to RMS and will create an incident report. Officers will ensure that the MNCrash report will contain all data relevant to the crash as this will be the report of record for a majority of crash reports. Additional information should be written in supplemental RMS report.
RMS Report:
RMS reports are written in the SPPD report writing system. If a RMS report is required for the crash, the officer will write at least one incident report in the RMS system.
Citations:
When responding to any crash officers will be required to check the driving status of each driver and vehicle insurance for both vehicles. If any driving status, moving violation, or insurance violations are present, a citation should be issued.
Traffic Crash Reporting Chart:
Type of Crash Accident
Information
Card
MN Crash Report RMS by Officer Crash involving fatalities X X Injury crash where someone is transported by ambulance X X Hit and run crash with injuries (transported by ambulance) or fatal X X Hit and run property damage crash or minor injury (not transported by ambulance) X Crash involving damage to city vehicle * (see notes below regarding Department vehicles) X Crash involving damage to city or private property X Crash related to an investigation of a crime (auto theft, pursuit, arson, DWI, etc.) and/or an arrest is made X X Vehicle Crash involving a pedestrian(s) and/or bicycle(s) X Property Damage crash ** (see notes below) X Notes:
* Crashes involving department vehicles are covered under G.O. 640.06. The section above covers city vehicles that are not considered Department vehicles.
** Property damage crashes on private property do not require a report.
Revised October 7, 2021
-
Officers Dispatched to Traffic Crashes:
When directed to respond to a traffic crash, the officer will be informed of the exact location, the severity of the crash, whether traffic is blocked, and other units assigned (including ambulance, wrecker, and fire apparatus), to the extent that this information is available to the department.
Officers directed to respond to a crash scene should choose the best possible approach route, considering traffic flow and congestion problems, based on their knowledge of conditions normally existing in the vicinity. Officers should drive safely to the scene, consistent with the need for prompt response.
While en route to the scene, officers should be alert for vehicles which give an indication of involvement in the crash.
Crashes Encountered by Officers:
As soon as possible upon encountering an unreported traffic crash, officers will notify the dispatcher of the crash location, probable severity, injuries, and any other pertinent circumstances.
Approach and Arrival at Traffic Crashes:
When approaching the scene, officers should be aware of any possible evidence of contributing factors to the crash.
Upon arrival at the scene, officers should park police vehicles in such a way as to provide maximum protection to the scene. Officers should not jeopardize their patrol vehicles by placing them on the roadway in hazardous locations, unless the terrain makes this necessary.
Officers should assess the scene to determine needs for medical assistance or transportation, investigative assistance, traffic control or a supervisor.
Personal Injury Crashes:
In the event that injuries are present at the scene, officers shall check injured persons to identify those most seriously injured, and fatalities.
Officers shall administer appropriate emergency medical aid to injured persons. Officers will not attempt to administer medical aid or treatment beyond their capabilities. Officers will not permit incompetent volunteers to treat injured persons.
Officers shall summon appropriate medical assistance to the scene, and assist in getting persons seriously injured removed to medical facilities as soon as possible. If there is any question as to whether a person has expired, that person shall be removed to a medical facility.
In the event paramedic service is not available and will not be available for an extended period, and in the officer’s opinion the life of the injured person depends upon immediate professional medical aid, the injured person may be transported in a police vehicle. When injured persons are to be transported in police vehicles, preliminary emergency medical aid should be administered at the scene. Additional police personnel should be summoned to the scene to assist in the emergency and in protecting the scene. Officers transporting injured persons shall, to the best of their ability, ensure that the injured persons are properly attended to, and shall exercise due care and caution in driving.
Protecting the Scene and Clearing the Roadway:
Officers shall use the patrol vehicle’s emergency lights, flares, and other appropriate warning devices, as necessary to protect the victim, the scene, and to alert approaching traffic.
Officers will direct vehicles at the scene (emergency and otherwise) to be parked safely off the roadway as soon as practicable. Officers shall direct passersby (except witnesses) to leave the scene.
Officers will be alert to dangers at the crash scene, including but not limited to fire hazards and hazardous materials. Officers will initiate appropriate actions, in conformance with applicable departmental directives.
Officers will conduct traffic direction and control activities, as necessary. Traffic direction and control activities will conform to all applicable departmental directives.
Officers will wear the current, department approved vest while involved in traffic direction and control.
Investigation -- Reporting and Enforcement:
In general, the original officers dispatched to a crash will be in charge of the scene. If a supervisor or crash investigator arrives on the scene, the supervisor will take charge to ensure that all required tasks are carried out.
At all scenes where there is a fire or the presence of a hazardous material, the Fire Department will be in charge and responsible for the scene until the danger is under control.
Officers are responsible to safeguard crash victim's personal belongings, to prevent theft or pilferage. Property taken into police custody shall be handled in accordance with department property procedures.
Officers will conduct on-scene traffic crash investigative and reporting activities such as checking driving credentials and physical condition.
Officers will take enforcement action based on the evidence obtained from their investigative and reporting activities.
Clearing the Scene:
Officers will arrange for the prompt and safe removal of all involved vehicles and debris from the scene consistent with the need to first deal appropriately with injuries, hazards and to obtain and preserve evidence.
Officers will assist the drivers, as necessary, in safely entering the traffic stream.
Officers will arrange for the prompt removal (and proper disposal, if applicable) of all flares and other warning devices that may have been employed to protect the scene.
Officers will advise the dispatcher once they have cleared the incident with the appropriate disposition (i.e. advised, assisted, report, etc.).
Revised June 8, 2017
-
Procedures:
Hit and run traffic crash
When the driver of a vehicle leaves the scene of a crash without stopping, or fails to provide the required information, pursuant to MN State Statute 169.09, it shall be considered a hit and run.
Traffic crash with injuries
A crash where any person involved is injured. There are four levels of potential injury:
- Possible injury
- Suspected minor injury
- Suspected serious injury
- Killed
Evidence and information collection
Officers may use the following tools to collect evidence and information during traffic crash investigations:
- Photographs (of the final positions of the vehicles, damage to vehicles, and results of the crash on the roadway such as tire marks, debris, and damaged objects). Photos will be taken before chalking or painting to highlight evidence. A second set of photos may be taken to better illustrate evidentiary items.
- Preliminary field examinations of specific vehicle components for failures or damage.
- Preliminary matching of vehicle damage to the damage of other vehicles and other objects, and to marks on the road.
- Skid tests by investigators or responding officers.
- Any items of evidentiary value should be collected and turned into the proper holding area.
- Observations of visibility and view obstructions.
- Trip plans of each driver or pedestrian involved.
- Events, maneuvers and anticipated actions just prior to collision.
- Accurate descriptions and measurements of all vehicle damage, marks on roadway, final positions of vehicles, and debris.
- Officers will question the driver(s) and witness(es) of crashes which are reported and pursuant to G.O. 610, record all pertinent information electronically on the MNCrash (state crash report) report. Also pursuant to G.O. 610, when there are fatalities, when someone is transported by ambulance from the scene, or crashes where an arrest is made, officers will write an original RMS report in addition to the MNCrash (state crash report) report.
- Any other information related to the crash that may be necessary to insure the completeness of the investigation.
Revised February 26, 2020
-
It is the policy of this department to issue citations (i.e. tags) for traffic violations discovered in the course of a crash investigation. Tags should be issued at the scene when the following conditions exist:
- Admission of the violation or essential elements by the driver.
- Statements by one or more disinterested witnesses to the crash and/or the violation.
- Presence of physical evidence strongly indicating a violation. This may include skid marks, debris, or merely position on the road.
- A statement against interest by an involved party. This would include drivers, passengers, or relatives.
- A combination of any of the above, which taken alone may not sustain a conviction, but in aggregate leads to a strong belief of violation by a particular driver or pedestrian.
If officers issue a citation, they should document ALL of the elements needed for charging the offense in the citation, as the citation will be a stand-alone document. If more room is needed, officers should write a RMS report.
When responding to ANY crash, even crashes under the Morgan Plan, officers will be required to check the driving status of each driver and vehicle insurance for both vehicles. If any driving status, driving, or insurance violations are present, a citation MUST be issued.
Experience has shown that the issuance of tags at the time of violation, or as soon as practical, has the greatest benefit in deterring unsafe driving practices and resolving issues involved in a crash.
Revised June 8, 2017
-
No written report will be required for a crash occurring on private property that is not normally open to the general public, such as a private residence, provided that no injury has occurred.
Officers will assist in exchanging information between the drivers and issue state crash forms, if necessary.
Events meeting the state reporting requirements will be processed as if they had occurred on the public street and the necessary reports completed.
Revised July 1, 2011
-
The department will continue to be cognizant of the responsibilities, practices and procedures of other agencies that respond to and/or provide technical assistance relating to fire hazards and hazardous material incidents.
Officers will be kept informed of these responsibilities, practices and procedures to insure the best possible coordination and delivery of services at traffic crash scenes involving such hazards.
Officers will continue to be cognizant of the fact that any traffic crash involving a cargo vehicle is potentially a hazardous material incident. Officers will be cautious and observant for any evidence/indication of hazardous material before approaching cargo vehicles involved in crashes.
The Saint Paul Fire Department has a hazardous material unit available on a 24-hour basis. The fire commander will assume command of the scene upon arrival and remain in control until incident is terminated.
Handling Fire Hazards:
- If fire is a potential, officers will take appropriate action to stabilize the conditions by providing adequate protection to the scene, isolating the immediate area, removing persons from the vicinity of the hazard (if possible), suppressing the hazard (if possible) and summoning technical resources from the fire department, when necessary.
- Officers will attempt to eliminate the possibility of sparks or other ignition from smoking, flares, electricity or any other source, to the maximum extent possible.
- If there is a fire, officers will attempt to rescue persons in the vicinity of the fire, extinguish the fire (if possible), and summon fire fighting assistance, when necessary.
- Depending upon the extent of the fire, officers will evacuate the surrounding area, and maintain isolation of the area until the fire is suppressed.
- Officers should carefully control the movement of vehicles within the vicinity of the fire or potential fire hazard, detouring traffic if necessary.
Handling Hazardous Materials:
- Officers should attempt to determine the product involved while maintaining an upwind position. At a traffic crash involving a cargo vehicle, officers will attempt to make a preliminary identification of the cargo on the basis of placards visible from a safe distance.
- When there is any question whether spilled material at a crash scene may be hazardous, officers will avoid contacting the material to the maximum possible extent.
- Additional assistance should be requested from the Ramsey County Emergency Communication Center (i.e., supervisor, additional squads and designate their location, watch commander, fire department -- hazardous material unit, and police bomb squad).
- Officers should initiate any life-saving measures without risk of exposure to themselves. If evacuation is necessary, critical factors to consider should include location and magnitude of incident, product involved, toxicity, fumes, and explosion potential. Weather conditions must also be considered in order to determine the area and distance to be evacuated.
- The immediate area should be contained and a safe perimeter established.
Revised July 1, 2011
-
The Saint Paul Police Department has various levels of crash investigation. They are as follows:
- Basic – this level generally involves reporting and basic data collection responsibilities such as identifying witnesses, photographing evidence, etc.
- Technical – this level involves the identification, interpretation and preservation of physical evidence. Training is required to develop skills at this level.
- Reconstruction – the process of interpreting and analyzing evidence, applying physical laws and scientific principles, and develop conclusions about the causation / contributing factors for traffic crashes. A reconstruction will address specific questions related to an event. Training is required to develop skills at this level. Reconstruction related activities shall be conducted and/or directed by a sergeant from the forensic services unit.
The Saint Paul Police Department will train officers in the various areas of crash investigation. The crash response officer (CRO) shall attend training to learn how to properly identify, interpret, and preserve evidence found at crash scenes. The CRO will respond to certain crashes to assist the primary investigating officer and to properly process the crash scene. The CRO may also assist the crash reconstruction specialist at a crash scene.
A CRO shall be called to the scene of a crash in the following situations:
- All personal injury crashes with substantial bodily injury
- Any crash involving police personnel requiring ambulance transport.
- Squad crash over $5,000 in damage.
- Any unusual circumstances where an officer or supervisor deems CRO response necessary.
If CRO or crash reconstruction specialist is called to the scene, the scene should be protected and secured until arrival.
Revised June 8, 2017
-
A crash reconstruction specialist (CRS) from the forensic services unit will be called to the scene of a crash at the request of the watch commander, the commander of the property evidence and technology section, or a traffic and accident unit investigative sergeant. The forensic services unit and senior commander of citywide services should be notified in instances of:
- All great bodily harm and fatal crashes.
- Non-typical crash involving serious property damage of structures, vehicles, or severely injured pedestrians.
- Crashes resulting from police pursuits that involve great bodily harm.
- Criminal vehicular operation cases causing substantial bodily harm.
- Incidents involving great public outrage requiring immediate action.
- Any time a traffic and accident unit sergeant, the watch commander, or on call chief determines a call back is necessary.
When the watch commander office is closed; the responsibility to contacting the forensic services unit rests with the district commander or commander of the property evidence and technology section, a traffic and accident unit investigative sergeant, or the senior commander of citywide services.
Effective May 16, 2013
-
Reports including crash reports not received into the Records Unit, incomplete reports, or incorrect reports will be referred back directly to the officer involved by means of a buck slip (report rejection form). Notification of a buck slip will be delivered via department email in the following order:
- First notice of a report rejection “buck slip” will be sent directly to the officer needing to take action on the report as well as that officer’s primary supervisor. The officer will have five (5) days to complete the requested actions as given in the buck slip.
- Second notice will be sent out if the primary officer has failed to respond to the rejection notice “buck slip” within seven (7) calendar days from the date of original notice being sent. The second notice will be sent to the primary officer and the Commander of the unit the officer is assigned. The primary officer or Unit Commander will have five (5) calendar days to complete the requested actions.
- Third notice will be sent out if the primary officer has failed to respond to the first and second rejection notices “buck slips” within three (3) days from the date of second notice being sent. The third notice will be sent to the primary officer, the Unit Commander, and the Deputy Chief of the Division the officer is assigned.
For each consecutive notice being sent the original notice along with the date of service shall forwarded along with the new notice. The notification shall be of a consistent format established by the records unit manager and detail the actions the primary officer(s) need to take to correct the report. The officer receiving the buck slip shall respond via email to the Records Unit that requested steps have been completed.
Revised June 8, 2017
-
Selective assignment of personnel to special enforcement patrol duties, commonly referred to as selective enforcement, is considered to be the most efficient means available to a police agency to meet traffic program objectives. The following factors will be of prime consideration in determining the work of the traffic enforcement unit:
- Traffic volume.
- Crash experience.
- Frequency of traffic violations.
- Emergency and service needs.
Revised July 1, 2011
-
Based on the principles that the most effective deterrent to traffic law violations is visible patrol in a marked vehicle, and in the interest of maintaining a posture of prevention as opposed to apprehension, traffic law enforcement activities will be conducted accordingly.
- Officers shall drive patrol vehicles in accordance with existing laws and in such a manner as to demonstrate exemplary driving behavior. Extreme emergency conditions will be the only exceptions to this practice.
- In those areas where fixed-post observation is necessary to maximize the effectiveness of a selective enforcement effort, officers shall park in a conspicuous location and in such a manner that traffic flow is not impeded.
- Off-street observation is not recommended except in extremely unusual circumstances. Every effort should be made to not suggest the appearance of a "speed trap".
Unmarked cars/unconventional vehicles:
- Unmarked cars/unconventional vehicles may be used for traffic patrol only with the express approval of the citywide services unit senior commander.
- Unmarked cars may be used for routine patrol in the same manner as marked cars if special enforcement needs exist.
- Speed timing devices may be used in marked and unmarked cars.
- All unmarked cars used for traffic patrol shall be equipped with both emergency lights and siren.
Revised July 1, 2011
-
Sworn officers must be alert for signs of alcohol and/or drug impairment in all contacts with motorists and make every effort to detect and apprehend them. After conducting an initial examination at the scene of the traffic contact and upon determining that probable cause to arrest is present, officers will arrest the subject.
If any person other than the driver is injured in a crash where the driver may be impaired, see General Order 630.01 Criminal Vehicular Operation.
Chemical test(s) will be offered in accordance with state and local requirements.
DUI Detection and Pre-Arrest Screening:
Officers are expected to conduct a thorough and complete investigation to obtain all possible evidence concerning the subjects impairment. Officers should perform the following steps:
1. Recognize and identify specific driving behaviors that have a high probability that the driver may be impaired by alcohol and/or drugs. 2. Recognize and identify behaviors occurring during vehicle stops that provide evidence/suspicion that the driver may be impaired, (i.e. slurred speech, poor muscle control, dilation of eyes, odor of alcoholic beverage, etc.) Based on reasonable articulable suspicion, request the driver to exit the vehicle for further investigation. 3. Note all observations leading to the suspicion that the driver may be impaired. 4. Move to a safe location to conduct field sobriety tests. A. Officers shall not conduct interviews or field sobriety tests in the space between the patrol vehicle and the suspects vehicle.
5. Use standardized field sobriety tests to assess impairment (i.e., horizontal gaze nystagmus, one-leg stand, and / or 9 step walk and turn).
6. Preliminary Screening Test (PBT)
A. A peace officer may require a driver to submit to a preliminary screening test (PBT) when the officer has reasonable articulable suspicion (Knapp v. Commr of Public Safety. 594 N.W. 2d 239 (Minn. Ct. App. 1999) that a person is, or has been driving, operating, controlling, or acting upon departure from a motor vehicle that the driver is in violation of Driving While Impaired ( 169A.20).
- The same legal standard is used to test for consumption offenses with any amount of alcohol which include:
- B-Card Restriction any use of alcohol invalidates license (171.09)
- Driving a school bus or Head Start bus (169A.31)
- Underage Drinking and Driving (169A.33)
7. Testing
A. Breath Test is the preferred method for testing for alcohol impairment.
- Implied Consent Advisory
a. It can only be invoked when there is probable cause to believe the person is driving, operating, or controlling a motor vehicle while under the influence of alcohol
b. The officer should read the Implied Consent Advisory and request a breath test. If the suspect refuses the breath test, the suspect should be charged with test refusal, do not offer any additional tests.
c. Must be audio recorded and retained as evidence in accordance with General Order 424.01.
d. The Implied Consent Advisory will not be read or completed:
a. In cases of a CVO/CVH, implied consent will not be read. See General Order 630.01.
b. When obtaining blood and/or urine sample. If a controlled substance is suspected, blood or urine will be required.
B. Blood and/or urine test
- Commonly requested of driver with suspected drug impairment, when the circumstances do not allow a breath test, or the driver is medically unable to provide a breath test.
- The Implied Consent Advisory will not be read or completed.
- The officer may ask the suspect to consent to a urine or blood test making it clear the process is voluntary and that the suspect does not have to comply. This should be audio recorded and retained as evidence in accordance with General Order 424.01.
a. If the suspect consents, obtain the sample.
b. If the suspect refuses, apply for a search warrant and obtain the sample as directed by the warrant.
c. Do not fill out any implied consent paperwork or issue notice of revocation.
DUI Check List:
Determine the Number of Aggravating Factors Defined as:
- A qualified prior impaired driving incident within ten (10) years immediately preceding the current offense.
- An alcohol concentration of 0.16 or more as measured at the time, or within two hours of the time, of the offense.
- A child under the age of 16 in the motor vehicle at the time of the offense if the child is more than 36 months younger than the offender.
Suspect Driver - Not Hospitalized (on view arrest, citizens arrest or probable cause):
If any person other than the driver is injured in a crash where the driver may be impaired, see General Order 630.01 Criminal Vehicular Operation.
No Aggravating Factors Complete the Following:
- SPPD Alcohol and Drug Influence Report
- Implied Consent Report (breath test only)
- State of Minnesota Notice and Order of Revocation (breath test only)
- Plate impoundment for an alcohol concentration of 0.16 or more. (breath test only)
- Issue the driver a tag for DUI and traffic charges. If a breath test was given and results are over .08% then issue tag for 4th Degree DUI and any traffic charges.
One Aggravating Factor Complete the Following:
- SPPD Alcohol and Drug Influence Report
- Implied Consent Report (breath test only)
- State of Minnesota Notice and Order of Revocation (breath test only)
- Plate Impoundment Report
- Do note issue a tag but book the driver for 3rd degree DUI and hold the vehicle for traffic and accident.
Two or More Aggravating Factors Complete the Following:
- SPPD Alcohol and Drug Influence Report
- Implied Consent Report (breath test only)
- State of Minnesota Notice and Order of Revocation (breath test only)
- Plate Impoundment Report
- Do not issue a tag but book the driver for 2nd degree DUI and hold the vehicle for traffic and accident.
- Do not issue seizure notice as department policy G.O. 439.17 does not allow for forfeiture.
Three or More Prior DUI Convictions Complete the Following:
- SPPD Alcohol and Drug Influence Report
- Implied Consent Report (breath test only)
- State of Minnesota Notice and Order of Revocation (breath test only)
- Plate Impoundment Report
- Vehicle Forfeiture Form. (The Vehicle Forfeiture Form should only be filled out if the vehicle registers to the driver or constructive ownership can be established.) See G.O. 439.17 for details.
- Do not issue a tag but book the driver for 1st degree DUI and hold the vehicle for traffic and accident.
Paperwork and Other Conditions:
Suspect Driver Refuses a Breath Test Complete the Following:
- SPPD Alcohol and Drug Influence Report
- Implied Consent Report
- State of Minnesota Notice and Order of Revocation
- Complete the Plate Impoundment Report
- Vehicle Forfeiture Form, if the refusal is 1st degree DUI. The vehicle forfeiture form should only be filled out if the vehicle registers to the driver or constructive ownership can be established. See G.O. 439.17 for details.
- Book the driver for refusal to test based upon the aggravating factors listed:
a. No Aggravating Factors:
i. Book the driver for 3rd degree DUI Refusal (Minnesota Statute 169A.26, subdivision 1b).
b. One or More Aggravating Factors:
i. Book the driver for 2nd degree DUI Refusal (Minnesota Statute 169A.25, subdivision 1b).
c. Prior Felony Conviction for DUI or Impaired Criminal Vehicular Operation:
i. Book the driver for 1st degree DUI Refusal (Minnesota Statute 169A.24, subdivision 1).
Suspect Driver Refuses Blood or Urine Test Complete the Following:
- SPPD Property Report for blood and urine sample.
- SPPD Alcohol and Drug Influence Report
- Complete the Plate Impoundment Report if there is one or more aggravating factor listed above.
- Vehicle Forfeiture Form for 1st degree DUI. The vehicle forfeiture form should only be filled out if the vehicle registers to the driver or constructive ownership can be established. See G.O. 439.17 for details.
- Do not charge the suspect with refusal. Book the driver based upon the aggravating factors listed:
a. No Aggravating Factors:
i. Book the driver for 4th degree DUI
b. One or More Aggravating Factors:
i. Book the driver for 3rd degree DUI
c. Two or More Aggravating Factors:
i. Book the driver for 2nd degree DUI
d. Prior Felony Conviction for DUI or Impaired Criminal Vehicular Operation:
i. Book the driver for 1st degree DUI
Suspect Driver- Hospitalized -Conscious:
If any person other than the driver is injured in a crash where the driver may be impaired, see General Order 630.01 Criminal Vehicular Operation. If the only injured person is the driver, then follow the blood and urine test procedures listed above.
Suspect Driver -Hospitalized -Unconscious:
If any person other than the driver is injured in a crash where the driver may be impaired, see General Order 630.01 Criminal Vehicular Operation. If the only injured person is the driver, then:
- Apply for a search warrant and obtain a blood sample as directed by the warrant.
Suspect Driver - In Crash - No Police Witness and No Citizen's Arrest (driver at or near scene):
- Does probable cause exist that person was DUI and was involved in crash?
a. If YES: Complete reports based upon total number of aggravating factors / convictions / refusals listed above.
b. If NO: Complete crash report and supplement reports describing details and circumstances surrounding the crash.
Suspect Driver - In Crash Causing Great Bodily Harm or a Death to Another. See General Order 630.01 (CVO / CVH):
Revised December 31, 2015
-
The department will utilize radar, laser, and/or other electromechanical speed measuring devices in high or potentially high crash locations when speed is a factor; in areas where speed limit violations are prevalent; in response to citizen complaints concerning speeding motorists; and to conduct traffic volume and speed percentile studies.
All officers utilizing radar and/or other speed measuring devices must successfully complete the basic operator-training program and receive certification prior to utilizing departmental speed measuring devices.
- The senior commander of citywide services will establish procedures to:
- Periodically re-certify operators to ensure their continued proficiency.
- Ensure that radar and/or other electromechanical speed measuring devices receive proper care and upkeep.
- Ensure programmed maintenance, testing and calibration of speed measuring devices.
- Ensure that adequate maintenance, calibration and operational record systems (suitable for introduction as evidence in court) are developed and maintained.
Rule:
All speed measuring device operators will complete a course of instruction approved by the training unit and receive proper certification prior to engaging in speed enforcement activities.
Revised July 1, 2011
-
Purpose:
Establish guidelines for enforcement of on-street parking regulations.
Discussion:
Street parking is restricted in various areas to ensure fair access to parking and to expedite the flow of traffic during peak hours. Special restrictions apply to weather emergencies.
Policy:
All parking regulations will be enforced reasonably and impartially by all uniformed personnel including parking enforcement officers.
Procedure:
Time Zone Control:
Enforcement of these zones will be accomplished by the officer making two passes through the area. On the first pass the officer will note the license plate, location, time, position, and mark the vehicle by electronic or other means to document beginning position and time. On the second pass, if the vehicle is still in the same spot and the time is beyond the posted limit, a citation will be issued for overtime parking noting the time the vehicle was first checked or chalked. Any citation issued will include the officer or parking enforcement officer, employee number, as well as parking meter number.
Peak Traffic Hour Restrictions (Rush Hours):
Rush hour restrictions require full and timely enforcement. Traffic congestion increases safety hazards and rush hour restrictions are intended to reduce these hazards. Strict enforcement is absolutely required.
Tow-Away Zones:
Tow-away zones are intended to reduce safety hazards and coincide with strict enforcement. Any vehicle parked illegally in a tow-away zone is a safety hazard and must be removed immediately. Excuses and explanations may be considered on their merits after the hazard has been moved.
Weather Emergencies:
During a declared snow emergency the police department, in conjunction with the Saint Paul Department of Public Works will tag all violators of the snow emergency ordinance. Vehicles parked contrary to snow emergency restrictions are subject to towing.
No Park Zones:
Vehicles parked in no parking zones will be issued citations. Any vehicles which are presenting a safety or congestion problem may be towed.
Public and Private Parking Lots:
Officers have the same authority on public lots as they do on any public streets. Officers may issue citations to vehicles parked on private property, only for parking on private property without the owner's permission. Officer notes on the citation will state the name, contact information, position, and authority held by the complainant. The citations should not be issued unless the officers are confident that the complainant has authority over the parking lot. Private and commercial property owners may tow vehicles from their property using a private towing contractor. All private towing contractors will notify the police department of vehicles they tow from private property. Officers will also enforce fire zones and handicapped zones wherever found, public or private property.
Permit Parking Zones:
These areas are established and posted at the specific request of the residents. They expect full enforcement during the posted hours. Proper display of temporary, visitor, and permanent permits is mandatory.
General Parking Surveillance:
The citywide services section will assign parking enforcement officers to address parking complaints anywhere in the city and to monitor the permit parking areas. Parking enforcement officers will be assigned in motorized vehicles and on-foot patrol in the congested business zone. Parking enforcement officers will monitor parking meters, time zones, truck zones, rush hour zones, and no park zones and will issue citations for all vehicles found to be in violation.
Towing of Illegally Parked Vehicles:
Vehicles parked illegally in violation of state statutes or city ordinances may be towed under the guidelines in Minnesota Statute 168B.035. Vehicles deemed to be abandoned will be towed. A citation will be issued in all cases for the appropriate violation.
Vehicles in violation of scofflaw status will no longer be automatically towed unless the vehicle creates a safety hazard, is impeding traffic, or threatening public safety and convenience. If an officer is going to tow a scofflaw vehicle, the officer must provide specific details documenting the reason for the tow. The term scofflaw status will no longer be used.
Revised November 24, 2015
-
Although enforcing traffic laws is often a routine function that officers perform, all too frequently they are injured and in some cases killed in situations that initially appeared to be, even to a trained observer, a “routine” traffic stop.
Realizing that a courteous demeanor, when exhibited by a police officer during the course of a traffic stop, is of utmost importance to establishing the educational rapport that is so necessary, it is nonetheless realized that the safety of the officer is of paramount importance.
When stopping violators for any reason, officers will take all steps and precautions necessary to assure their safety and well being.
Procedure:
The following steps in stopping and approaching a traffic violator are intended to provide maximum safety for the officer, the violator, and other users of the roadway. Varying conditions regarding the engineering of particular traffic artery, the urgency to stop the violator (drinking driver), and the existing volume of traffic may dictate adjusting or altering the recommended procedure. These procedures are to be followed when possible, and are presented from the perspective that ideal conditions exist.
- The officer should be thoroughly familiar with the area, and anticipate the appropriate location to stop the violator. [Redacted].
- When the officer is positioned behind the violator to begin the stopping procedure, the officer should notify the Ramsey County Emergency Communications Center (RCECC) of the intended location of the traffic stop, the license number, and the number of occupants of the vehicle.
- The officer should signal the violator to stop. This signal should be with the Red emergency lights, hand signals, sounding the horn, and if necessary, the siren. These signals also alert other drivers of the intent of the officer, and will usually facilitate securing the right of way for the stopping maneuver.
- The violator should be signaled and directed to the right side of the roadway close to the curb, or on to the shoulder if engineering design permits.
- On multi- roadways, the officer should insure the safety of the violator during lane changes by gradually changing from lane to lane with the violator until the right side of the roadway is reached.
- Should the violator stop abruptly in the wrong lane or in another undesirable location, the violator should be promptly directed to move to a safer location.
- The violator should not be permitted to move the vehicle once it has stopped if it is suspected the driver is under the influence to the extent that driving ability is impaired.
- Once the violator has stopped in an appropriate location [redacted].
- The officer shall exit from the patrol vehicle and be continuously alert for any suspicious movement or actions on the part of the violator or other occupants in the violator’s vehicle.
- [Redacted]
- [Redacted]
- At night, the spotlight and high beams may be used for safety of the officer, but consideration to the safety of on coming traffic should also be considered.
Stopping and Approaching Violator:
In the event an officer observes a traffic violation occur in oncoming traffic, the officer will take the following action: The officer will turn around when this maneuver can be made safely and pursue the violator, stopping and approaching as usual.
High-Risk Traffic Stops:
[Redacted].
The officer will keep the suspect vehicle in view [redacted].
[Redacted]. The following procedures will be used in effecting the stop:
- The officer will plan to stop the suspect vehicle in a location which presents minimal danger to other citizens.
- [Redacted].
- The officer will signal the violator to stop, utilizing all emergency equipment to warn other traffic.
- [Redacted].
- If the violator is known to be armed and dangerous, the officer will have her/his weapon easily accessible and ready for immediate use.
- When the suspect vehicle begins to stop, the officer will turn off the siren and actuate the public address system.
- [Redacted].
- At night, all lights, including spotlights, will be focused on the interior of the suspect vehicle to the disadvantage of the violator.
- The officer in command will direct each occupant to get out of the vehicle individually, according to specific directions, and into the appropriate position.
- If a public address system is not available the officer in command will give voice commands. [Redacted].
- The support officer will not give additional commands as this would tend to confuse the suspects, but the officer’s presence will be made known by commands given by the officer in charge.
- [Redacted].
Bringing Violators to Squad:
At the start of every tour of duty, the officer will inspect the secure area of the squad for any items not belonging there. Every time a person is taken out of this area re-inspect it for contraband, weapons, wallets, stolen ID, etc. It’s only under this procedure that you would be able to use any evidence discovered against that person.
When an officer decides to have the driver come to the squad if reasonable under the circumstances, a pat-down search for weapons will be conducted before the party is allowed in the squad.
Generally it is best to leave the driver in the vehicle, but the following are some situations where it’s appropriate to bring them back to the squad.
- Where the driver says s/he does not have a drivers license or other identification in possession. [Redacted].
- Where a driver has their family/friends with them, the embarrassment/stress of the traffic stop in front of the above may negatively affect the ultimate objective of the stop and these other people may interfere with your work. You want to deal only with the driver.
- In a potential arrest situation -- warrants, D.U.I., etc.
Remember, placing someone in your squad car is not reason to search them:
State v. Varnado
A defendant was stopped for driving with a cracked windshield, and when she could not produce a driver's license, she was frisked preparatory to placing her in a squad car. The pat-down for weapons yielded crack cocaine. The trial court suppressed the crack as the fruit of an illegal search, finding that the search was pre-textual and designed to conduct a warrantless search for controlled substances. The court of appeals reversed, holding the crack was seized during a valid weapons pat-down.
The Supreme Court reinstated the trial court's dismissal of the complaint, stating that "the crime for which there is probably cause to arrest must be a crime for which custodial arrest is authorized." The record here did not contain evidence supporting a belief that a custodial arrest was necessary to prevent the defendant from harming someone or to ensure she would respond to the citation, so as to comply with Minnesota Rule of Criminal Procedure 6.01, subdivision 1(1)(a), which allows custodial arrests for misdemeanors under such circumstances.
The court also denied the state's arguments on warrantless searches and the request that the court adopt "a blanket rule allowing officers to require lawfully stopped citizens to sit in the back seat of squad cars and to frisk such citizens before they enter a squad car."
If an officer decides to search someone, the officer must be able to articulate the basis for this search. (See General Order 409.08: Physical Searches)
General Rules:
- Never -- wave at a driver to come back to your squad.
- Never -- stick your head or arms inside of a stopped vehicle.
- Never -- try to grab keys through window.
- All other passengers in stopped vehicle will remain in said vehicle.
- Never -- take the traffic stop lightly. It is the most formal and official exercise of police authority that we conduct and is closely observed by every other citizen in view.
- CN/Traffic cards will be issued after every stop in accordance with General Order 204.00 Traffic, Case Number and Business Cards.
Revised July 1, 2011
-
All sworn officers shall take appropriate enforcement action for each violation of the law witnessed or reported to them. All enforcement actions will be accomplished in a firm, fair, impartial and courteous manner using one of the following enforcement alternatives:
- Verbal warning
- Citation
- Physical arrest
The officers action should demonstrate a professional attitude and serve to improve the relationship between the public and the department.
Procedures -- Enforcement:
Verbal Warning:
A proper alternative by officers in response to a minor traffic infraction committed in areas where traffic crash experience is minimal and where the infraction appears inadvertent.
Citation:
Should be issued to violators who jeopardize the safe and efficient flow of vehicular and pedestrian traffic.
Physical Arrest:
Appropriate enforcement action where violations of a serious nature occur, or where the violator displays a flagrant disregard for the safety of others. If in the officers judgment, detention is necessary:
- To prevent bodily harm to the violator or others and/or to prevent further criminal conduct.
- There is a substantial likelihood that the traffic violator will not respond to a citation.
- Violator has no proof of identification, refuses a fingerprint, other persons in the car cannot identify the driver, and no other means of identification is possible.
- In all cases where the violation is a gross misdemeanor.
- Decisions to arrest must be based upon sound legal principles.
Revised July 1, 2011
-
Criminal Vehicular Operation may occur when a crash results in death or bodily harm to any person other than the driver of the suspect vehicle.
If the Following Events Occur:
- Death.
- Crash resulting in great bodily harm, substantial bodily harm, or bodily harm as defined in Minnesota Statute 609.02.
And the Vehicle is Operated in violation of:
- MN Statute 609.21 CRIMINAL VEHICULAR HOMICIDE AND INJURY Subdivision 1. Criminal vehicular homicide or operation; crime described.
A person is guilty of criminal vehicular homicide or operation and may be sentenced as provided in subdivision 1a, if the person causes injury to or the death of another as a result of operating a motor vehicle:
(1) in a grossly negligent manner;
(2) in a negligent manner while under the influence of:
(i) alcohol;
(ii) a controlled substance; or
(iii) any combination of those elements;
(3) while having an alcohol concentration of 0.08 or more;
(4) while having an alcohol concentration of 0.08 or more, as measured within two hours of the time of driving;
(5) in a negligent manner while knowingly under the influence of a hazardous substance;
(6) in a negligent manner while any amount of a controlled substance listed in Schedule I or II, or its metabolite, other than marijuana or tetrahydrocannabinols, is present in the person's body;
(7) where the driver who causes the accident leaves the scene of the accident in violation of section 169.09, subdivision 1 or 6; or
(8) where the driver had actual knowledge that a peace officer had previously issued a citation or warning that the motor vehicle was defectively maintained, the driver had actual knowledge that remedial action was not taken, the driver had reason to know that the defect created a present danger to others, and the injury or death was caused by the defective maintenance.
Screening Process:
- Preliminary Screening Test (PBT)
o A peace officer may require a driver to submit to a preliminary screening test (PBT) when the officer has reasonable articulable suspicion (Knapp v. Commr of Public Safety. 594 N.W. 2d 239 (Minn. Ct. App. 1999) that a person is, or has been, driving, operating, controlling, or acting upon departure from a motor vehicle that the driver is in violation of Driving While Impaired (169A.20).
- Implied Consent will not be read.
Criminal Vehicular Operation Check List:
Suspect Driver - In Crash Causing Great Bodily Harm or a Death to Another.
1. Regardless of driver being hospitalized or not, conscious or not, the following will be followed:
a. Obtain and execute a search warrant before taking blood. The search warrant will be obtained even if the driver volunteers to take a test. An officer, working under the direction of a supervisor, or a supervisor will complete the search warrant and present it to a judge for approval, and will then arrange for the sample to be drawn. Every effort should be made to obtain the warrant unless significant exigent circumstances exist.
b. Complete the following:
1. SPPD Alcohol and Drug Influence Report, accident report, etc.
2. Issue no tags. Consult with duty officer about booking suspect for criminal vehicular operation resulting in great bodily harm, or death (fatality).
Exigent Circumstances:
In cases of CVO/CVH, a search warrant to obtain a blood sample may not be feasible. Significant exigent circumstances should be well-documented in a report as it will be required to meet the totality of the circumstances. If exigent circumstances are present, then take blood without a warrant and document the details of the specific circumstances that are present and explain why a warrant could not be obtained.
General Reporting Writing Recommendations:
Officers must be extremely careful to document the totality of the circumstances of every CVO/CVH case. Police reports should contain a very thorough timeline of all events in the case, including the moment of travel from the scene, the moment of arrival at the police station or hospital, the moment of testing, the distances traveled, etc. Police should also document the availability of other officers who could have assisted in the preparation of a search warrant even if they have no intention of seeking a search warrant because the question (along with the question of how long it would have taken to secure a warrant) is sure to be raised in court. In CVO/CVH cases, also document the time of medical response, different phases of medical transportation and treatment, and the times at which significant medical decisions were made.
No Indication of Impairment -Voluntary Screening:
o Officers may ask the driver of a motor vehicle involved in a crash that results in great bodily harm, substantial bodily harm, or bodily harm as defined in Minnesota Statute 609.02 to voluntarily provide a blood, breath, or urine sample when there is no indication of impairment. Refusing a voluntary test does not create probable cause to arrest.
Revised April 8, 2014
-
The constitutional rights and privileges of all people will be faithfully observed and respected by all officers.
Procedures:
Offenses involving foreign diplomats and consular officials: (See General Order 451.00 Diplomatic and Consular Officials)
Military Personnel:
Traffic Arrest: When an arrest is made of active duty status personnel, the investigating officer shall notify the liaison officer of the nearest armed forces investigative headquarters. This does not apply to traffic citations.
Traffic Crash: The same shall apply when involved in a traffic crash and either killed or hospitalized. In this case, it will also apply to civilian employees while acting within their employment.
United States Senators and Representatives:
By authority of the United States Constitution, Article 1, Section 6 members of the United States Congress shall in all cases, except treason, felony and breach of the peace, be immune from arrest during their attendance at the session of their respective houses, and in going to and returning from the same.
State Legislators:
They have the same immunity as members of congress stated specifically in the State Constitution, Article 4, Section, 10. Senators and Representative of the Minnesota State Legislative shall not be arrested if stopped for a traffic infraction (unless it is a felony or a breach of the peace, including DUI); they should be identified and immediately released. The officer may then write the tag for the violation and mail it to the violator.
Revised July 1, 2011
-
Juveniles 16 or over will be tagged and released except for:
- Driving while impaired by alcohol or drugs.
- Criminal vehicular operation.
- DAR, DAC or DAS.
- Hit and run.
- Fleeing police in motor vehicle.
- Careless or reckless driving.
Under the above offenses where a juvenile is cited or arrested, the officer is responsible for notifying the juveniles parent(s) as soon as possible.
Revised July 1, 2011
-
The citation forms the basis for prosecution and ultimate adjudication of criminal and traffic offenses; it is essential that specific procedures be followed from the point of issue through final adjudication.
Electronic Citations:
The Minnesota Court Administration requires all citations to be electronically filed. To keep the software updated with the latest statutes and ordinance and citations the electronic citation software must be synced at the beginning of the shift. The software must be synced at the end of the shift to ensure timely download and processing of citation to the courts.
If an electronic citation system is unavailable, officers have several options:
- Request another officer with electronic citation software to respond to your location. or;
- Gather the needed information for the citation. Complete the electronic citation later and personally deliver it to the violator or send via US Mail. The method of delivery should be noted in the citation and/or report. or;
- Issue a paper citation and follow the process listed below.
Paper Citation:
Paper citations are used as a backup method to the electronic citation. An officer who issues a paper citation must later submit the information electronically via the internet web site from any computer. Instructions are on the intranet. The officer will place a circled letter "E" at the top of the tag indicating it was entered into the electronic system. Paper citations will be turned into the records unit and retained.
Paper citations are ordered and distributed by citywide services personnel.
Issuance of a Citation:
Officers should always attempt to give the citation directly to the offender. For parking violations the citation may be placed on the vehicle in a manner that prevents it from being separated from the vehicle by weather and so the driver may retrieve it. If a circumstance arises where issuance of the citation is warranted and personal delivery is not possible, the citation may be forwarded to the violator or registered owner of the vehicle (for parking offenses) by mail.
Probable Cause Statement:
The probable cause statement is critical to support the charge and is required by the court on all violations. Include in your statement, squad number, partners name and number, how ID was made or verified (by D.L., computer, other picture ID, other passenger) and proper notation of video evidence. Your statement should be of such a sufficiency for each violation charged, or the prosecutor will dismiss the charge in court. The citation must be a standalone document.
An original report entitled "Traffic Violation" may be written to document the circumstances of serious violations, a physical arrest is not required. The purpose of the report is to provide a record for the court and prosecutor and assist the officer with courtroom testimony. Even if a report is written, the probable cause statement on the citation must be completed.
Physical Arrests:
- Original report is required.
- The "Booked" box on the citation should only be checked if:
o The suspect was issued a citation and booked into the jail for the offenses listed on the citation.
o Investigators; if an officer previously booked a person into jail on a felony or gross misdemeanor charge and that charge is revised to a misdemeanor, you must check the "Booked" box on the citation you issue for that revised charge.
o Investigators; if a person was booked into jail on a felony or gross misdemeanor and is revised to a misdemeanor.
Cancellation of Citations:
In order to assure the highest level of integrity to the Traffic/Parking citation system, the following procedures will be followed:
The electronic citation software allows an officer to void a charge after it is issued to a violator but before syncing at the end of the shift. The officer must document in the notes of the citation the reason the violation is being voided. If the citation contains only one charge or the whole citation must be voided, the officer must write an original report.
If the citation is already downloaded (synced), the officer must write an original report when canceling a citation.
When an officer determines s/he must request the cancellation of a citation s/he will write an original report titled "Cancellation of Citation". The report will clearly describe the circumstances that justify the request. If the citation to be canceled is replaced by a different citation -- indicate the new citation s number as well as the old number.
Reports requesting cancellation of a citation will be reviewed by the senior commander of citywide services. Following review and approval by the senior commander of citywide services, they will be e-filed with the court for additional review and approval then to the TVB for final approval.
Miscellaneous Provisions:
Citation books are a not to be used as "parking permits" displayed in personal vehicles. This practice can cause a negative perception on the part of our citizens. Officers needing an official placard may request one through their supervisor. Issuance will be based on the officer s operational need.
Buck Slips:
When the department is notified that a citation has an error, the review officer will send a buck slip pursuant to G.O. 613.00.
Revised July 6, 2016
-
Traffic violation enforcement is one of the many routine tasks performed by officers, but for violators it frequently is an emotionally traumatic experience. In many cases, this is the only contact that a person has with our department. Officers should be aware of these conditions and should strive to make each contact educational and to leave the violator with the impression that the officer has performed a necessary task in a professional manner.
Once the officer has stopped the violator and approached, the officer will:
- Be alert at all times for the unexpected, but not be obviously apprehensive.
- Be absolutely certain that the observations of the traffic violation were accurate -- without reservation.
- Be prepared for the contact by having the necessary equipment and forms, if they are to be used, immediately available.
- Decide on appropriate enforcement action based upon the violator's driving behavior, not attitude. In most cases, it is advisable to have the form of enforcement action decided prior to the initial contact with the violator.
- Present a professional image in language.
- Inform the violator what traffic law s/he has violated and the intended enforcement action; the violator should not be kept in suspense.
- Ask for the violator's driver license.
- Obtain another document of identification if the driver has no driver's license.
- Allow the driver to discuss the violation.
- Complete the forms required for the enforcement action taken or exercise a verbal warning, if this is the decision.
- If a citation is issued, direct her/his attention to the information and options on the reverse side of the citation.
- Be alert to any emotional stress exhibited by the driver. If stress is present, the instructions may have to be repeated or the violator may need to calm down before resuming driving.
- Return the violators drivers license and a copy of the citation and business card.
- Assist the violator in safely reentering the traffic flow.
- Do not follow the violator.
Revised July 1, 2011
-
Sworn and non-sworn personnel will at all times give due consideration to their own safety while carrying out manual traffic direction and control.
Personnel will employ uniform procedures (signals, readily recognizable gestures, etc.) to enhance driver and pedestrian recognition and response to their direction.
High Visibility Clothing:
(See General Order 202.05: Other Equipment)
The department provides high visibility outerwear to personnel assigned to perform manual traffic direction and control functions. Personnel will wear such high visibility outerwear including a department approved and authorized vest and uniform hat, in addition to the full uniform, whenever conducting manual traffic direction and control.
Assuming and Maintaining Traffic Direction and Control Position:
Personnel carrying out manual traffic direction and control will insure that their presence and purpose are well demonstrated to drivers and pedestrians.
Besides violating department policy, this regulation may result in monetary penalties assessed under Minnesota State Occupational Safety and Health Administration regulations. (Minnesota Rule 5205.0030)
Revised July 1, 2011
-
Scheduled Escort Services:
Legitimate requests for scheduled police escort services include, but are not necessarily limited to, those associated with motorcades and other traffic or public officials and dignitaries. All such requests must have command-level review and approval before they will be honored.
When the department elects to honor a request for scheduled escort service, the trip route will be established in advance, as will the maximum speed to be maintained along each segment of the route.
Point traffic control will be established, as appropriate, at locations along the scheduled route, sufficient to ensure safe passage.
Tactical control of the escort will be assigned to a specific commander, supervisor or officer, in accordance with the complexity of the escort services being provided. The tactical controller will set the pace of the escort in accordance with prevailing conditions, and under no circumstance exceeding the pre-specified maximum speed for any segment of the route. The tactical controller will terminate escort and resume normal vehicular operation when in her/his opinion, conditions are such that continuation of the escort would constitute unacceptable risk to the public.
The use of police vehicle emergency equipment during the escort will be specified in advance by appropriate supervisory or command personnel.
Emergency (Unscheduled) Escort Services:
Legitimate requests for unscheduled emergency police escort services are extremely rare. Typically, these are limited to relatively short duration escorts of emergency vehicles engaged in legitimate emergency operations. Even then there would have to be specific compelling reasons to justify escorted travel over the unescorted movement of the emergency vehicle, with its own warning devices activated.
Emergency escort of private vehicles is to be avoided whenever possible. The preferable alternatives are to arrange the transfer of persons from the private vehicle into an appropriate emergency vehicle or into the police vehicle if conditions warrant.
If in the opinion of the officer it is impossible or impractical to arrange the transfer of persons from a private vehicle requesting escort, and if a passenger in said vehicle appears to be in an immediate life-threatening situation, the officer may, with specific approval of a supervisor, initiate escort of the private vehicle.
Regardless of the extent of the threat to the persons receiving emergency escort, no emergency escort will be conducted at a speed in excess of the posted limit.
Officers conducting emergency escort services shall activate the patrol vehicles emergency equipment; however, they shall not proceed through traffic control devices without first stopping and ensuring that both vehicles can safely proceed.
Officers will terminate emergency escort and resume normal vehicular operation when, in their opinion, continuation of the escort would constitute unacceptable risk to the public.
Relay Services:
- The department transfers prisoners to/from headquarters to juvenile detention facilities.
- The department transfers juveniles from other police agencies/city limits.
Revised July 1, 2011
-
Fleet Crash Investigation:
Any traffic crash involving a department vehicle, or involving any employee, regardless of rank, while acting within the scope of the employee’s duties, shall be reported to the department by the employee operating the vehicle or otherwise involved. All original reports of crashes falling within the scope of this order shall be reported electronically on the current State of Minnesota traffic crash report form. A district supervisor shall be dispatched to the scene of each vehicle crash which requires a report. In the event the supervisor is not available the watch commander or in case of absence, a different district sergeant shall be requested to respond.
Department vehicle is defined as a police department vehicle owned by the City of Saint Paul, leased, loaned, or operated in the scope of an employee’s duties.
Supervisory Duties:
A supervisor at the scene of a traffic crash shall conduct an investigation to determine whether the employee was adhering to department rules, policies, and regulations involving personal conduct.
The supervisor responding to the scene shall write the MNCrash report and cause any necessary measurements, photographs and sketches of the crash scene to be made. The supervisor will incorporate these findings into a supplemental RMS report describing the crash.
The unit head of the involved employee shall be notified by the supervisor investigating the crash of the circumstances surrounding it and of the findings and action taken by the supervisor. The notification will be made as soon as practicable following the completion of the investigation.
The supervisor shall make an appropriate written notification to the accident review board. This notification will contain a determination if the crash is preventable, non-preventable, or other. The notification will be made upon a form provided by the accident review board.
The records unit shall distribute all reports to the fleet manager and the chairperson of the accident review board.
Vehicle Damage -- Parking Lot:
If a department vehicle parked in a police parking lot displays evidence of crash damage which has not been reported, the officer noticing the damage shall make an RMS Administrative report describing the circumstances and extent of damage. The unit head to whom the vehicle is assigned will order an investigation to properly record the crash and determine who caused the damage.
Duties of employees involved in traffic crashes within the City:
When an employee becomes directly involved in or participates in events leading to a traffic crash while operating or riding in a department vehicle or acting within the scope of official duties, the employee shall request a supervisor to the scene. The involved employee will write a supplemental report describing the events leading to the crash. Should the employee involved in the crash require hospitalization, the employee’s supervisor will obtain a verbal description of the crash from the employee at the earliest possible convenience and submit statements in a supplemental report to the traffic and accident investigation unit.
If the crash results in substantial or great bodily harm or death of any person, General Order 246.09: Investigations – Incidents Where Serious Injury or Death Result During Police Custody or Involvement shall apply.
Crash occurring outside the City:
When the crash occurs outside the City of Saint Paul and a supervisor is not sent to the scene, the involved employee shall:
- Fulfill all legal reporting requirements in the jurisdiction where the crash occurred.
- Complete the necessary traffic crash reports upon return to the city.
- Employee shall notify their supervisor, an on-duty supervisor and watch commander of the crash and the circumstances surrounding it.
Advising other parties when department employee involved in traffic crash:
When an employee is involved in a crash with a person not a member of the department, the employee shall urge the person to remain at the scene until the arrival of a supervisor. If the person insists upon leaving the employee should attempt to obtain:
- The person’s name and address and telephone number.
- The location where s/he may be interviewed.
- Vehicle and driver’s license information.
- Name, address and telephone of registered owner of the vehicle or the property damaged by the employee: and the name, address and telephone number of the driver’s and owner insurance company.
Revised June 25, 2021
-
A board of department members shall be appointed by the chief of police to review reportable traffic crashes involving vehicles department-owned, leased, or operated by an employee within the scope of their duty. This board shall be known as the Accident Review Board (ARB) and will meet monthly. The senior commander of citywide services shall be the chairperson. Reportable crashes are those which occur while the vehicle is in the custody of an employee of the department on public or private property. The amount of the damage or cost of repair shall not be a determining factor in reporting of crashes; except, the ordinary wear and tear damage that occurs in police parking facilities need not be considered by the ARB. All members of the department (sworn and civilian), regardless of rank or position, are subject to such review.
Exceptions to the Accident Review Board Review:
All traffic crashes are subject to review by the ARB except for the following incidents:
- Traffic crashes that are part of an investigation by the internal affairs unit as determined by the Chief of police;
- Traffic crashes deemed to be a critical incident by the chief of police, or their designee, will be investigated by the homicide/ robbery unit using established protocols;
- Traffic crashes resulting in a criminal review;
- Properly parked police vehicles that are damaged by another vehicle. (A properly parked vehicle is one which occupies a designated parking space with the brakes properly set, and doors closed.); and
- A deliberate emergency exposure, i.e., using squad as emergency road barricade, occupied or not, that results in damage to a police vehicle. (A pursuit is not considered a deliberate emergency exposure and, therefore, vehicles damaged in a pursuit shall be subject to review by the ARB.)
Accident Review Board Members:
- Citywide services senior commander or designee (chair)
- District senior commanders or designee
- FSVU major crimes commander or designee
- Traffic and accident investigator
- Fleet sergeant
- Training unit commander or designee
- Federation representative
Accident Review Board Duties and Guidelines:
The ARB will render a written recommendation for each crash in one of the following categories:
- Non-preventable- a crash in which the employee did everything reasonable to prevent the crash. Legal intervention when the ARB determines it was a proper course of action for the employee will be deemed non-preventable.
- Preventable- a crash in which the employee failed to do everything reasonable to prevent the crash. For example, did the employee see the other vehicle, person or object prior to the crash? If not, why not? Did the employee take any or all of the following defensive actions: change of direction, change of speed, communications -- lights, eye contact, horn, etc.
The ARB shall have access to all original, supplemental, and state accident reports describing the crash. The department may require an employee to submit information and reports which the ARB deems necessary to conduct a thorough review. The ARB member / designee will review the original crash report, supplementary reports, diagrams, photographs / in car camera video, and the written conclusion of the investigating supervisor prior to the scheduled meeting. Photographs / in car camera video will be available for further review at the meeting if necessary utilizing the back end client and media vault applications.
The ARB cannot require the attendance of the employee(s) involved, but employee(s) may voluntarily attend the meeting to provide to the ARB a verbal description of the crash. Employee(s) will be notified by department email of the date the crash is to be reviewed by the ARB should the employee wish to attend. Notification will be made approximately 14 days prior to the review to allow for schedule adjustments. Employee(s) who intend to appear must respond to the notification no later than two (2) days prior to the scheduled review.
The investigating supervisor may be required to attend the ARB meeting by the ARB chairperson. In most incidents, the reports written by the supervisor investigating the crash are sufficient for the ARB to review.
The ARB shall discuss and provide any recommendations on employee discipline to the Chief of Police or designee. The ARB may recommend changes in equipment or procedures intended to prevent future injuries or unnecessary damage to department vehicles.
The ARB chairperson is responsible for completing the ARB recommendation report which is electronically distributed to the board members/designee for review. The recommendation report is then forwarded to the assistant chief of patrol operations. The assistant chief of patrol operations and or the chief of police may send any recommendation report back to the ARB for further review if additional information evidence or testimony is needed. The ARB shall provide an additional recommendation report after further review to the assistant chief of patrol operations.
Final Determinations:
The chief of police will make the final determination as to whether the incident was preventable or non-preventable.
The chief of police will make any and / all determinations for any disciplinary action that may result from the crash. The chief of police will be the final authority on the matter subject to any grievances procedures available to the employee.
Revised January 14, 2016