The citation forms the basis for prosecution and ultimate adjudication of criminal and traffic offenses; it is essential that specific procedures be followed from the point of issue through final adjudication.
Electronic Citations:
The Minnesota Court Administration requires all citations to be electronically filed. To keep the software updated with the latest statutes and ordinance and citations the electronic citation software must be synced at the beginning of the shift. The software must be synced at the end of the shift to ensure timely download and processing of citation to the courts.
If an electronic citation system is unavailable, officers have several options:
- Request another officer with electronic citation software to respond to your location. or;
- Gather the needed information for the citation. Complete the electronic citation later and personally deliver it to the violator or send via US Mail. The method of delivery should be noted in the citation and/or report. or;
- Issue a paper citation and follow the process listed below.
Paper Citation:
Paper citations are used as a backup method to the electronic citation. An officer who issues a paper citation must later submit the information electronically via the internet web site from any computer. Instructions are on the intranet. The officer will place a circled letter "E" at the top of the tag indicating it was entered into the electronic system. Paper citations will be turned into the records unit and retained.
Paper citations are ordered and distributed by citywide services personnel.
Issuance of a Citation:
Officers should always attempt to give the citation directly to the offender. For parking violations the citation may be placed on the vehicle in a manner that prevents it from being separated from the vehicle by weather and so the driver may retrieve it. If a circumstance arises where issuance of the citation is warranted and personal delivery is not possible, the citation may be forwarded to the violator or registered owner of the vehicle (for parking offenses) by mail.
Probable Cause Statement:
The probable cause statement is critical to support the charge and is required by the court on all violations. Include in your statement, squad number, partners name and number, how ID was made or verified (by D.L., computer, other picture ID, other passenger) and proper notation of video evidence. Your statement should be of such a sufficiency for each violation charged, or the prosecutor will dismiss the charge in court. The citation must be a standalone document.
An original report entitled "Traffic Violation" may be written to document the circumstances of serious violations, a physical arrest is not required. The purpose of the report is to provide a record for the court and prosecutor and assist the officer with courtroom testimony. Even if a report is written, the probable cause statement on the citation must be completed.
Physical Arrests:
- Original report is required.
- The "Booked" box on the citation should only be checked if:
o The suspect was issued a citation and booked into the jail for the offenses listed on the citation.
o Investigators; if an officer previously booked a person into jail on a felony or gross misdemeanor charge and that charge is revised to a misdemeanor, you must check the "Booked" box on the citation you issue for that revised charge.
o Investigators; if a person was booked into jail on a felony or gross misdemeanor and is revised to a misdemeanor.
Cancellation of Citations:
In order to assure the highest level of integrity to the Traffic/Parking citation system, the following procedures will be followed:
The electronic citation software allows an officer to void a charge after it is issued to a violator but before syncing at the end of the shift. The officer must document in the notes of the citation the reason the violation is being voided. If the citation contains only one charge or the whole citation must be voided, the officer must write an original report.
If the citation is already downloaded (synced), the officer must write an original report when canceling a citation.
When an officer determines s/he must request the cancellation of a citation s/he will write an original report titled "Cancellation of Citation". The report will clearly describe the circumstances that justify the request. If the citation to be canceled is replaced by a different citation -- indicate the new citation s number as well as the old number.
Reports requesting cancellation of a citation will be reviewed by the senior commander of citywide services. Following review and approval by the senior commander of citywide services, they will be e-filed with the court for additional review and approval then to the TVB for final approval.
Miscellaneous Provisions:
Citation books are a not to be used as "parking permits" displayed in personal vehicles. This practice can cause a negative perception on the part of our citizens. Officers needing an official placard may request one through their supervisor. Issuance will be based on the officer s operational need.
Buck Slips:
When the department is notified that a citation has an error, the review officer will send a buck slip pursuant to G.O. 613.00.
Revised July 6, 2016