SF3652

Purpose

• Establish rules to govern when and how suspects can be detained or transported in vehicles, by requiring that any vehicle used for detention or transport is designed to safely carry people, owned or leased by a law enforcement agency, and clearly marked as belonging to that agency. The goal is to enhance safety and accountability in detainee transport.

Definitions

• Peace officer: Includes the standard meaning in existing law and also covers any officer or agent of a federal law enforcement agency, any law enforcement agency of another state, and any person acting on behalf of a federal or other state agency.

Main Provisions

• Prohibition on non-designated vehicles: If a peace officer needs to detain or transport a person, the vehicle used must meet all specified criteria and be an appropriate vehicle for detaining humans.
• Vehicle design and ownership requirements:
  • The vehicle must be specifically designed to transport humans safely.
  • The vehicle must be owned or leased by a law enforcement agency.
  • The vehicle must have conspicuous markings identifying the owning/leasing agency.
• Seating requirement: At a minimum, the vehicle must be equipped with a seat and seat belt for each person being detained or transported.

Exceptions

• Exigent circumstances: The prohibition does not apply when there is imminent danger to the life or physical safety of a peace officer, the person being detained or transported, or bystanders.
• Undercover operations: The prohibition does not apply to investigations that require a peace officer to be undercover to protect safety.

Significance and Potential Impact

• The bill would change current practice by restricting detention and transport to appropriately equipped, clearly marked law enforcement vehicles, rather than other types of vehicles.
• It adds explicit safety and identification requirements for vehicles used in detaining or transporting suspects.
• It expands the scope of who is considered a peace officer for purposes of these rules, including federal and out-of-state agencies and their agents.

Relevant terms - detention and transport of suspects - peace officer - vehicles designed to transport humans safely - conspicuous markings - owned or leased by a law enforcement agency - seating and seat belts - exigent circumstances - imminent danger - undercover - Minnesota Statutes chapter 629