Recommendation 34.2

MPD should develop a training bulletin for all MPD officers reinforcing the requirements for a field interview, including establishing reasonable suspicion for the stop, which should be reinforced through roll call training conducted by supervisors.

Current:

The department does recognize there are ways it can improve its data collection and measurements, and recognizes enhancements in these areas can contribute to greater levels of oversight and accountability. The department will have the opportunity to more thoroughly and routinely review and act on this information with updates to the department’s oversight and accountability protocols.

It should be noted, as indicated in the specific recommendations, that the department has very strong policies in SOP 085 (Field Interviews, Citizen Contacts, and Search and Seizure) regarding the requirements and reporting requirements for members to conduct a field interview. The department has also put into place audits as part of the CompStat process to ensure these procedures are followed and will continue to ensure that pedestrian stops are conducted lawfully and in compliance with department policy. The department also has a robust Inspections Division and can require as part of our Inspection Standards that they audit the proper completion and submission of field interview cards and consent to search forms.

SOP 085.20 (Citizen Contacts, Field Interviews, Search and Seizure SOP) defines the justification required for conducting a field interview and the procedures for initiating a field interview. The policy specifically states, “Field interviews, or Terry stops, are based on a police member’s reasonable suspicion that the subject(s) has committed a crime, is in the process of the commission of a crime or may commit a crime. Reasonable suspicion, as defined in section 085.05, is more than a “hunch”. A “hunch”, for the purpose of this section, is an intuitive feeling or premonition, “gut feeling” and therefore, on its own, is not legal justification to conduct a field interview.” In addition, SOP 085.20(A) specifically requires several points to be considered by members in establishing reasonable suspicion when conducting a field interview (these are not all inclusive, and one or more or even other circumstances may be present when formulating justification).

It should also be noted the State of Wisconsin Law Enforcement Standards Board requires all recruit officers to successfully pass a sixteen (16) hour course of instruction on constitutional law and as part of the performance standards required during this training, students need to identify where an officer may use reasonable suspicion to contact a subject. The recruit must also be able to define reasonable suspicion as it relates to the stop of a person and vehicle during this course of instruction.

Future:

The MPD agrees that any reinforcement of these requirements is beneficial.