CJS 2231 - Minnesota Criminal and Traffic Codes

1. Minnesota Criminal Code
2. Minnesota Traffic Code
3. Enforcement factors
4. Mandatory reporters
5. Missing persons
6. Application of code
7. Use of proper discretion
8. Roles and ethical responsibilities

1. demonstrate reading comprehension skills necessary in law enforcement including: the ability to differentiate between facts, opinions and propaganda, understanding sequencing of events, and recognizing cause and effect. (1.1.5)
2. compose documents that demonstrate competent writing skills, including:  
3. writing from the first person viewpoint,
4. differentiating between facts, inferences and opinions,
5. correctly structuring sentences and paragraphs, and
6. using correct grammar, spelling, punctuation and capitalization. (1.1.6)
7. define and describe models of the conscious processes of critical thinking, logical reasoning and problem solving. (1.3.1)
8. use structured problem-solving methods to develop creative and innovative solutions to a variety of problems. (1.3.2)
9. apply reason and evidence to formulate logical inferences and draw logical conclusions. (1.3.3.)
10. analyze and evaluate ideas, proposals, and solutions to problems using basic forms of logic and techniques designed to encourage sound reasoning. (1.3.4)
11. use critical thinking, logical reasoning and problem solving strategies to formulate ideas, make proposals and suggest solutions a variety of law enforcement related problems or concerns (Minn. Stat. 626.8455). (1.3.5)
12. identify techniques for: organizing community members so that they are involved and trained in community policing activities, relating to diverse communities, and relating to individuals with physical or mental limitations (Minn. Stat. 626.8455, Subd. 1, 2-4). (1.5.5)
13. discuss ways officers can promote positive relationships with community members of varying races, ethnicities, national origins, immigration statuses, genders, ages, economic classes, disabilities and/or sexual orientations. (Minn. Stat. 626.8455) (1.6.4)
14. discuss culturally responsive approaches to dealing with victims and perpetrators of violence. (Minn. Stat. 626.8451., Subp. 1.a. (4)) (1.6.7)
15. describe characteristics of professional behavior and the Minnesota Standards of Conduct for licensing Minnesota peace officers. (1.7.1)
16. describe the repercussions for a finding of a violation of the State’s peace officer standards of conduct. (1.7.2)
17. identify the meaning of criminal justice system terms, e.g.: custody, arraignment, circumstantial evidence, double jeopardy, entrapment, exigent circumstances, conviction, bodily harm, substantial bodily harm, great bodily harm, assault, probation, qualified domestic violence related offense (Minn. Stat. 609.02), forfeiture, “good faith” exception, exclusionary rule, indictment, inevitable discovery, probable cause, Miranda warning, reasonable suspicion, warrant, probation, and parole. (2.1.10)
18. summarize the rights of individuals being interrogated under the Fifth and Sixth Amendments and the importance of adhering to procedures that protect those rights including:
    1. the prohibition against forced or coerced self-incrimination,  
    2. the Sixth Amendment right to counsel and correlating Minnesota Statute (Minn. Stat. 481.10).(2.2.9)
19. explain the general provisions for sentencing in the Minnesota Criminal Code and the Minnesota Sentencing Guidelines. (2.2.16)
20. describe crime classifications misdemeanor through felony. (2.2.17)
21. discuss enhancements that may be applied to repeat offenders, patterned offenders, and career offenders. (2.2.18)
22. explain the following terms:  concurrent and consecutive sentences, imposition and execution of sentence, determinate and indeterminate sentencing.  (2.2.19)
23. define the following terms: search warrant, arrest warrant, subpoena, order for protection (OFP), ex-parte order for protection, qualified domestic violence-related order (QDVRO), Harassment Restraining Order (HRO), no-contact orders, night-capped warrant, no-knock warrant, and curtilage. (2.3.1)
24. explain each of the following types of orders: Domestic Violence Protective Orders, Order of No Contact, and Orders to Pick Up Children. (2.3.10)
25. explain the legal requirements of, the exceptions to, and the need for an arrest warrant and how one is obtained.  (2.4.5)
26. describe when and how a citizen can make an arrest. (2.4.6)
27. describe the basic organization, purpose, and definitions and principles of the Minnesota Criminal Code. (2.5.1)
28. explain the classifications of crimes including felony, misdemeanor, gross misdemeanor and the meaning of the term petty misdemeanor. (2.5.2)
29. explain what is meant by elements of a crime and describe the connection between criminal conduct and criminal intent (mens rea). (2.5.3)
30. explain why it is important for officers to be able to identify and document elements of crimes when responding to and investigating crime scenes. (2.5.4)
31. given a variety of scenarios, identify indications a particular crime has been committed and identify the elements of that crime. (2.5.5)
32. identify and explain Minnesota Statutes relating to weapons, chemical agents, electronic control weapons and interference with public property. (2.5.6)
33. explain special Minnesota peace officer duties associated with specific statutes including:
    1. informing crime victims of their rights and assisting victims of violent crime including domestic assault,
    2. restraining orders and orders for protection,
    3. data collection on battered women cases,
    4. interviewing child abuse victims,
    5. officer responsibilities regarding missing children, and
    6. mandated reporter for child abuse and vulnerable adults. (2.5.7) 
34. explain Minnesota statutes and relevant case law related to the application of force by peace officers. (2.8.1)
35. explain the Minnesota Statute that requires officers be trained in the use of those weapons and equipment the officer is issued or authorized to carry (Minn. Stat. 626.8452). (2.8.8)
36. discuss peace officer rights, obligations and liabilities under state and federal law including requirements placed on law enforcement agencies to defend and indemnify peace officers for good faith action in the course and scope of employment. (2.9.1)
37. describe the basic organization, purpose and principles of the Minnesota Criminal Code and its implications for law enforcement including (list is not comprehensive):
38. understanding key traffic related terms (Minn. Stat. 169.011) as well as the terms reckless or careless driving,
39. describing violations of driving rules, parking and stopping violations, and vehicle equipment violations,
40. how and when traffic laws apply to authorized emergency vehicles, and laws regarding driving while impaired. (2.10.1)
41. discuss non-enforcement deterrents to traffic violations, i.e., police presence/visibility, speed bumps. (2.10.2)
42. explain vehicle registration and insurance requirements in Minnesota. (2.10.3)
43. distinguish between different classes and type of licenses, endorsements and permits and explain the circumstances under which an individual is exempt from licensing requirements.(2.10.4)
44. explain the concept of racially based profiling (Minn. Stat. 262.8471) and other profiling that is based on false assumptions about groups of people and discuss:
45. the impact of the Whren v. United States decision
46. the importance of impartial policing,
47. the difference between the terms pretextual stop and racial profiling and the problems associated with racial profiling by law enforcement,  
48. how racial profiling impacts law enforcement credibility and community trust,
49. how to handle the perception of unfair or biased treatment of members of the public by law enforcement, and
50. the importance of an officer’s ability to articulate valid reasons for vehicle stops. (2.12.1)
51. define and explain the impact of hate crimes including:
    1. the motivations behind hate crimes,
    2. the impact of hate crimes on victims and on communities,
    3. the special needs of hate crime victims, and
    4. crime characteristics which may indicate a crime was motivated by the victim’s race, national origin, sex, age, disability, or sexual orientation (Minn. Stat. 626.8451, Subd. 1). (2.12.2)
52. explain special reporting requirements related to bias motivated/hate crimes as required by Minn. Stat. 626.5531. (Officers must report to their agencies, agencies to the BCA.) (2.12.3)
53. define the term predatory offender and describe Minnesota’s predatory offender registration system including risk levels that may be assigned to offenders. (2.13.1)
54. describe when law enforcement agencies are required to provide community notifications regarding predatory offenders and who to contact for assistance with community notifications. (2.13.2)
55. explain roles peace officers may take in helping predatory offenders understand and complete the Bureau of Criminal Apprehension’s predatory offender registration form and in conducting compliance checks on registered predatory offenders. (2.13.3)
56. define the terms crime and crimes of violence as found in Minnesota Statute. (2.14.1)
57. discuss the extent, causes and impact of crimes of violence including physical and sexual abuse, physical violence, harassment and stalking, and neglect. (Minn. Stat. 626.8451., Subd. 1a.) (2.14.2)
58. explain the legal definitions and significant aspects of Minnesota statutes related to child and vulnerable adult assault, abuse and neglect. (2.15.1)
59. explain child development issues that may enable officers to respond appropriately to perceived child protection situations (Minn. Stat. 626.8455) and discuss law enforcement related scenarios where officers need to consider the psychological development of children on scene. (2.15.6)
60. explain officer reporting requirements relative to incidents of maltreatment neglect, or physical or sexual abuse of minors and vulnerable adults and prenatal exposure to controlled substances (Minn. Stat. 626.556, Subd. 3. and Minn. Stat. 626.557). (2.15.7)
61. describe who is mandated to report suspected child and vulnerable adult abuse and the ramifications of not reporting. (2.15.8)
62. explain what legally constitutes domestic abuse and assault. (2.16.1)
63. define the following terms outlined in Minnesota Statute:  domestic abuse, family or household member, qualified domestic violence-related offense (QDRO), order for protection, exparte order, domestic abuse no contact order, harassment restraining order, harassment, and stalking. (2.16.5)
64. identify significant aspects of Minn. Stat. related to domestic abuse (Minn. Stat. 629.341 and 518.B01, 609.749, 609.2242) including what legally constitutes domestic assault, elements of various levels of domestic assault, and enhancement for prior domestic violence related offense convictions. (2.16.6)
65. explain the peace officer’s role in providing victim’s rights information to victims of domestic assault. (2.16.9)
66. explain the requirements for making an arrest and reporting in domestic assault situations. (2.16.10)
67. discuss when warrantless arrests may be made and when enhancements for previous assaults may be considered. (2.16.11)
68. define sexual assault as described in Minn. Stat. 611A.211 which includes criminal sexual conduct in the first, second, third, fourth or fifth degree or criminal sexual predatory conduct. (2.17.1)
69. explain the following terms: date rape, sex trafficking, sexual harassment, and female genital mutilation. (2.17.2)
70. describe the current state of victim’s rights in the criminal justice system. (Minn. Stat. 611A) (2.18.2)
71. explain the intent of the Americans with Disabilities Act. (2.19.1)
72. discuss the rights of people who have disabilities to the same service law enforcement provides to anyone else and stereotypes and biases some people may have toward people with disabilities. (2.19.2)
73. discuss methods for communicating with, assisting, or intervening in circumstances involving individuals who demonstrate indications of a variety of physical disabilities or mental impairments. (Minn. Stat. 626.8455) (2.19.5)
74. explain the Data Practices Act as it pertains to the gathering and release of information by law enforcement. (2.22.1)
75. discuss balancing the public’s right to know with public safety needs and privacy issues with regard to data accessed by peace officers including:
    1. - what and when information can be shared with the media or the public and by whom, and
    2. - the repercussions of violating data practices. (2.22.2)
76. discuss the need for protection of data related to on-going investigations, crime victims, and juveniles. (2.22.3)
77. discuss ethical and responsible use of computers and databases by peace officers and the ramifications of misuse or unethical release of data. (2.22.4)
78. explain what a criminal gang is as it is defined in Minnesota Statute 609.229 and the penalties for crimes committed for the benefit of a gang. (2.26.1)
79. explain the terms organized crime and racketeering and discuss how organized crime affects Minnesota law enforcement. (2.26.3)
80. recognize the term RICO Act as meaning the Racketeer Influenced and Corrupt Organizations Act and be able to describe the overall intent of the Act. (2.26.4)
81. define the term vice crime and describe the attributes of various vice crimes including illegal gambling, prostitution, solicitation and pornography. (2.26.5)
82. explain the implications of the Good Samaritan Law (Minn. Stat. 604.05) as it relates to peace officers and citizens. (3.10.2)
83. demonstrate awareness of Minn. Stat. 169.752 & 753 Medical Equipment which states: “Every patrol motor vehicle shall be equipped with and carry first aid equipment” and “Law enforcement officers operating patrol motor vehicles shall be trained in the use and application of first aid equipment.” (3.10.4)
84. identify the following elements of driving conduct as they relate to Minnesota Motor Vehicle and Traffic Laws: speed, local authority, right of way, traffic crashes, railroad crossings, school buses, stopping, standing and parking, reckless and careless driving, open bottle, criminal vehicular operation and fleeing a peace officer, signs and signals, and turning. (3.12.2)
85. identify the equipment necessary to operate a vehicle in proper working condition including:  lighting, brakes, seat belts and child restraints, mufflers, windshields, bumpers; and, identify the exemption from equipment restrictions. (3.12.3)
86. discuss how traffic law applies to bicycles and pedestrians. (3.12.4)
87. identify a variety of driver’s licenses including international driver’s license and out of state licenses, various types of Minnesota drivers licenses, and various license statuses including current, expired, canceled, CONAX, suspended, and revoked. (3.12.6)
88. explain how diplomatic immunity may impact issuance of a traffic citation. (3.12.7)
89. explain how traffic citations are processed for juvenile offenders. (3.12.9)
90. discuss the use and application of speed estimates including:
    1. the radar standards implications of the 1971 case of Minnesota vs. Gerdes, and
    2. Minnesota Statute standards for running RADAR (Minn. Stat. 169.14, Subp. 9 and 10). (3.12.10)
91. identify mandatory reporters of suspected abuse and discuss where to report, what must be reported, the confidentiality of reports, and the legal ramifications for not reporting. (3.14.5)
92. explain when an arrest is warranted, when an arrest is mandatory and the time period in which an arrest can be made in domestic violence related situations. (3.14.9)
93. explain why law enforcement enforces alcohol and beverage control laws and laws related to driving under the influence including;
    1. the effects of alcohol on the body and driving, and
    2. the relationship between DWI violations and crashes. (3.14.28)
94. describe the terms Driving While Impaired (DWI) and Driving Under the Influence (DUI). (3.14.29)
95. demonstrate familiarity with Minnesota’s missing persons related laws (Minn. Stat. 626.8454, Minn. Stat. 299C.51-299C.5655, 390.25) and the definitions included therein. (3.14.49)
96. explain peace officers response and reporting responsibilities relative to missing persons. (3.14.50)
97. given situations involving individuals demonstrating signs and/or characteristics of mental illness, behavioral disorder or suicidal intentions  requiring intervention, demonstrate appropriate intervention techniques that are likely to be beneficial in managing the situations (Minn. Stat. 626.8455) including:
    1. modeling behavior that shows the importance of putting safety first, staying alert and the danger of complacency or taking anything for granted when dealing with an individual experiencing a mental health crisis,
    2. unless situation appears immediately dangerous/critical, avoiding challenging or violating personal space,
    3. trying to eliminate noise and distractions,
    4. having one officer take lead and open communication from a safe distance,
    5. using communication techniques designed to de-escalate volatile situations including:
    6. being patient, calm, honest and compassionate,
    7. using active listening skills while not encouraging or agreeing with delusions,
    8. using a calming voice, and
    9. avoiding challenging questions and allowing for venting.(3.14.56)
98. define the terms white collar crime and identity theft and describe the importance of evidence protection in investigation of financial fraud, white collar crime and identify theft. (3.14.59)

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