STATE OF MINNESOTA
OFFICE OF THE ATTORNEY GENERAL
LORI SWANSON ATTORNEY GENERAL
102 STATE CAPITOL ST. PAUL, MN 55155 TELEPHONE: (651) 296-6196
July 26, 2007
Dr. Luke Tripp 804 Washington Memorial Drive St. Cloud, MN 65301
Dear Dr. Tripp:
I thank you for your consumer complaint dated July 13, 2007.
You state that on July 9, 2007 you were stopped by St. Cloud Police Officers while walking home from your office at St. Cloud State University. You state that the officers stopped you by the university football field, under the belief that you had stolen a purse. You indicate that the bag in question was one you use to carry your books and papers. You further indicate that you believe you were stopped because of your race and believe that the police officers were engaged in racial profiling. You ask this Office for assistance in investigating this matter.
Under Minnesota law the Attorney General’s Office has limited authority. For instance, it does. not have jurisdiction to provide legal advice to private citizens. Notwithstanding this limitation, I can provide the following comments, which I hope will be helpful.
First, under Minnesota law this Office has no regulatory or oversight authority over municipal police departments or their police officers. Authority over municipal police departments and their employees lies within the municipality’s Mayor and City Council.
Accordingly, I recommend that you contact Mayor Dave Kleis with your concerns. He may be contacted at:
Mayor Dave Kleis 400 Second Street South St. Cloud, MN 56301 (320) 255-7201
Second, all law enforcement agencies in Minnesota are required to have written policies and procedures for the investigation and resolution of alleged misconduct by peace officers. The policies and procedures must be made available to the public upon request. If you are interested in reviewing the policy of the St. Cloud Police Department; you may want to request a copy of that policy from St. Cloud Police Chief Ballantine. He rriay be contacted at:
Dr. Luke Tripp July 26, 2007 Page 2
Chief D. Ballatine 807 Courthouse Square P.O. Box 1616 S1. Cloud, MN 56301
Third, you may wish to file a complaint with the Peace Officer Standards Training (POST) Board. The POST Board licenses and regulates peace officers in Minnesota. The POST Board has jurisdiction to receive complaints about licensed peace officer and to investigate them.
Accordingly, you may want to file a complaint with the POST Board regarding any inappropriate behavior by a police officer. You may contact the POST Board as follows:
Neil Melton, Executive Director Minnesota Board of Peace Officer Training Board 1600 University Avenue, Suite 200 S1. Paul, Minnesota 55104-3825
Fourth, you may also wish to discuss this matter with a private attorney. If you cannot identify an attorney to advise you, the Minnesota State Bar Association’s Attorney Referral Service is available on the Internet at www.mnjindalawyer.com. If you do not have Internet access, it may be available at your nearest public library. If you select an attorney through the referral service, you should ask about any initial consultation fee since the fees vary.
I thank you again for your correspondence. If you have any further questions, you may call us toll-free at (800) 657-3787 or (651) 296-3353.
Very truly yours,
LORI SWANSON Attorney General