• Use-of-deadly-force investigations: When a law enforcement officer uses force and a person dies or is seriously injured, agents with Bureau of Criminal Apprehension (BCA) Force Investigations Unit (FIU) investigate the officer’s actions to determine the circumstances of the incident. The local jurisdiction must request the BCA’s assistance in investigating the use of force. The BCA investigates both deadly force, such as when an officer shoots at someone, and less lethal force, such as when as officer deploys a stun gun.
• Criminal sexual conduct investigations: All sexual assault allegations involving Minnesota peace officers are investigated by the BCA FIU. The BCA also investigates sexual assault cases when both the alleged attacker and victim are members of the Minnesota National Guard.
• Conflict investigations: The BCA FIU investigates conflict of interest cases involving peace officers. These are cases where the agency involved has a real or perceived interest in the outcome of the investigation. An example of this would be if a spouse of an officer is accused of a crime. 

The BCA conducts an independent and unbiased investigation to find out what happened, and then provides that information to a prosecutor (usually a county attorney) without recommendation. The prosecutor reviews the case under the law. The BCA does not determine whether an officer should be charged.

The Minnesota Legislature established the BCA Force Investigations Unit in 2020 at the recommendation of a working group that included lawmakers, experts, community and special interest groups. The BCA has the expertise and experience to take on these types of cases, having done the majority of force investigations in Minnesota for many years.

How the BCA investigates officer use-of-force incidents

The BCA conducts a thorough and independent investigation of the incident. The BCA does not investigate whether officers followed their agency’s policies or procedures. Instead, the BCA conducts a criminal investigation to determine the facts of the incident for review under Minnesota statutes. 

Collecting evidence and conducting interviews

BCA agents and crime scene personnel respond to the scene and immediately begin gathering information and evidence.

• BCA agents talk to people to find out who may have seen something or may have information valuable to the investigation. BCA agents interview witnesses as quickly as possible, often at the scene or at witnesses’ homes.
• Agents and forensic scientists on the BCA crime scene team collect evidence from the scene including weapons, casings, vehicles and other items. They also photograph the scene, take measurements and much more.
• Agents interview the people involved in the incident away from the scene – at the BCA, at a hospital (if one of the people is hospitalized), or at another location. Oftentimes an attorney representing one of the people involved also attends their interview.
• The BCA cannot require any person to speak with investigators. The constitution protects the right of all people to remain silent, including those involved in the incident and witnesses.

Examining evidence and conducting follow-up interviews

• Scientists, medical examiners and other experts analyze the evidence to identify fingerprints, understand the direction of gunfire, find out who touched a weapon and whether it was fired, learn whether any of the people were impaired and much more. This process is complex and can often take weeks to complete.
• Once agents receive test results and other information about the evidence, agents will often interview the people involved again to ask follow-up questions.
• BCA agents provide updates to the prosecutor throughout the investigation. Once the agents have gathered all of the information and finished all of the interviews, they provide their findings to the prosecutor for review.

If one of the people was killed during the incident, the BCA will ensure that the family is notified.

It is common practice for officers to be placed on critical incident leave following a use-of-force incident. Their agency decides whether the officers are placed on leave and for how long.

Statutes related to officer use of deadly force

• Independent Use of Force Investigations Unit
• Authorized Use of Force
• Authorized Use of Deadly Force by Police Officers
• Justifiable Taking of Life
• Portable Recording Systems 

Additional Information About the BCA FIU Investigation Process

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