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(1)

Minneapolis Police Department

2

nd

Precinct

(2)

Minneapolis Police Department

2

nd

Precinct

 Inspector Kathy Waite

• Commander of the 2nd Precinct

Lt. Bruce Jensen

• Lieutenant Property Crimes, 2nd Precinct

Heidi Johnston

• Minneapolis Assistant City Attorney – Community Attorney at the 2nd Precinct

Nicholas Juarez and Susan Bradshaw • Crime Prevention Specialist

(3)

Two Most Commonly Used Authorities

• Minnesota Statute §609.605

(oral or written demands to leave)

• Minneapolis Ordinance Code

§385.380

(4)

Minnesota Statute §609.605

Demand to leave can be

oral or in

writing

One (1) year before re-entry

(beginning 8-1-05, prior to this new

law, re-entry permitted after 30

(5)

Minnesota Statute §609.605

Minn. Stat. §609.605 Subd. 1 (b) (3), “A person is guilty of a misdemeanor if the

person intentionally…trespasses on the

premises of another and, without claim

of right refuses to depart from the

premises on demand of the lawful

(6)

Minnesota Statute §609.605 (cont.)

 Minn. Stat. §609.605 Subd. 1 (b) (8), “A

person is guilty of a misdemeanor if the

person intentionally…returns to the

property of another within 30 days (effective 8-1-05, within one year) …”

 ... after being told to leave the property

and not to return, if the actor is without

claim of right to the property or consent of one with authority to consent…”

(7)

Trespass Notice Form

 Draft a policy for your company on how

to deal with people who refuse to leave your property (i.e. aggressive

panhandlers, people “cutting” through

your property; former employees/clients; disruptive clients)

 After you follow your established

procedures and the person refuses to

leave your property you can trespass the person from your property

(8)

Trespass Notice Form

 Call 911

• Give location

• State that you are an employee • Describe the suspect

• Tell the operator that the person refuses to leave your property after being asked to leave

• Describe any behavior the person is doing and/or the condition of the person (intoxicated, arguing with

employees/clients, aggressive panhandling, becoming physical with employees/clients, employee was just fired and is angry and making threats)

(9)

Trespass Notice Form

 Complete the Trespass Notice Form

• Write down all addresses that the person is being trespassed from

 Serve the completed form to the person

• Have a third party as a witness (police, another employee, security)

• Have the person sign the form

 If the person refuses to sign the form indicate that on the

form and have the witness also indicate on the form that the person refused to sign the form

 After the person signs or refuses to sign make a copy and

(10)
(11)

Trespass Notice Form

 If possible take a picture of the person being

trespassed and attached it to the form for future reference

 File the form in a location that can be accessed if

the person returns

 Notify appropriate staff that the person has been

trespassed and that if the person returns they should call 911

 Notify other businesses in the area of who you

trespassed and the reason why – keeping

(12)

Trespass Notice Form

If the person returns:

• Call 911

• Tell the operator that a person who has been trespassed has returned to the

property

• Grab the completed form with picture and have it ready for responding

(13)

Minneapolis Ordinance Code §385.380

Demand to leave can be

in writing

or posted on a sign;

(14)

Trespassing Ordinance

 385.380 Trespassing upon the land of another

• No person shall intentionally trespass on the land of another and, without claim of right, refuse to depart

there from on demand of the lawful possessor thereof or his agent. A demand to depart may be made as follows:

 Orally, or in writing, by the lawful possessor or the

possessor’s agent; or

 By conspicuously posting at reasonable intervals signs

which prohibit trespass on the affected land; or,

 By conspicuously posting at reasonable intervals signs

which prohibit trespass on the affected land during certain hours

(15)

Trespassing Ordinance (continued)

NO person who has received a

written demand to depart shall

reenter the lawful possessor’s land

without the written permission of the

lawful possessor or the agent

providing said demand for a period

of up to one (1) year from the date

of the written demand, as provided

therein.

(16)

No Trespassing Signs

 A building owner or their representatives can

authorize the MPD to enforce the trespassing ordinance on their property

 Each property (address) must have an affidavit

signed

 The owner/representative must:

• Sign an affidavit

• Post the official “NO Trespassing” signs

 Fasten each sign securely at least seven (7) feet off the

ground or on the interior of a window

 Each sign must be easily visible to both trespassers and police  Police cannot enforce the ordinance if the signs are not easily

(17)
(18)
(19)

No Trespassing Signs

People can not be arrested if they

have a just reason to be on the

property

Legally obtained trespass signs

properly mounted allow officers to

question suspicious individuals,

which may produce a criminal

violation and discourage future illegal

activity.

(20)

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