Minneapolis Police Department 2 nd Precinct

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1 Minneapolis Police Department 2 nd Precinct

2 Minneapolis Police Department 2 nd Precinct Inspector Kathy Waite Commander of the 2 nd Precinct Lt. Bruce Jensen Lieutenant Property Crimes, 2 nd Precinct Heidi Johnston Minneapolis Assistant City Attorney Community Attorney at the 2 nd Precinct Nicholas Juarez and Susan Bradshaw Crime Prevention Specialist

3 Two Most Commonly Used Authorities Minnesota Statute (oral or written demands to leave) Minneapolis Ordinance Code (sign/poster)

4 Minnesota Statute Demand to leave can be oral or in writing One (1) year before re-entry (beginning , prior to this new law, re-entry permitted after 30 days.)

5 Minnesota Statute Minn. Stat 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 possessor

6 Minnesota Statute (cont.) Minn. Stat 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 , 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 give a copy of the completed form to the person

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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 everybody informed of a potential safety issue

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 Officers

13 Minneapolis Ordinance Code Demand to leave can be in writing or posted on a sign; Ninety (90) days before re-entry

14 Trespassing Ordinance 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 visible

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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 Questions?

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