Minneapolis Police Department
2
ndPrecinct
Minneapolis Police Department
2
ndPrecinct
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
Two Most Commonly Used Authorities
• Minnesota Statute §609.605
(oral or written demands to leave)
• Minneapolis Ordinance Code
§385.380
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
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
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…”
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
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)
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
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
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
Minneapolis Ordinance Code §385.380
Demand to leave can be
in writing
or posted on a sign;
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
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.
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
No Trespassing Signs
People can not be arrested if they
have a just reason to be on the
property