Certain questions seemed to be asked over and over again to law enforcement officers.  We've provided this section to address the most commonly asked questions.   If your question is not listed, email your inquiry to us and we will respond.  If a question gets asked more than 10 times, we will add it to the FAQ's section.

To navigate this area, simply scroll through the list of questions that follow.  By clicking on the question you will be taken right to the answer.

1. What should I do with found property?  The law requires a person to make a reasonable effort to return found property.  This is to prevent stolen items from being claimed as "found".  It also protects the finder from the possibility of possessing stolen property that was found legitimately.  By making a reasonable effort, it eliminates the possibility of a criminal charge against a finder for possessing stolen property.  Making a reasonable effort to return found property can be accomplished a couple of different ways. 

One way a reasonable effort can be made is by running an ad in the local newspaper.   This method however could cause aggravation to the finder who may receive false claims for the property.  Another way to make a reasonable effort would be to turn the property over to police custody.  There are three advantages when turning found property over to the police.  

First Advantage!  The finder does not have to deal with false claims nor does the finder need to give out personal information such as a phone number or address to a person making a claim to the property.

Second Advantage!  Submitting the property to the police gives the rightful owner a chance of regaining their property back.  Found property will be held for 90 days.  If it is not claimed during that period of time, the police will contact the finder and return the found property to them if they want it.  The police watch for recent and incoming theft reports to see if any reported stolen property matches the property you found.

Third Advantage!  If the property was not matched to a victim and remains unclaimed, after 90 days have passed you will have a legitimate claim to the property.  A valid paper trail is on record at the police department showing you made a reasonable effort to get the property returned to its rightful owner.  If the found property is unclaimed, you will be contacted by the police and asked if you are still interested in the property.  If you do not want the property it is destroyed if damaged or has no significant value (usually less than $5.00)  If the property has some significant value and the finder still does not want it, then it is placed in the city auction.    Return to question list.

 

 

2. What kind of found property has been turned over to the police?   We have handled everything from thousands of dollars in cash to large portable generators.  The more common items are purses, wallets, small amounts of cash, drugs, stereos, hand tools, eye glasses, and keys.  The most common item reported as "found" are bicycles!  (See question 3).   Return to question list.

3. Where do I go to check whether or not my lost/stolen bike has been recovered?  Drive out to the police impound lot.  It is located on Highway #40 about 1/4 mile south of Hwy #12 on the east side of the road.  (Almost directly across from the airport).  There is a large chain link fenced-in area along the roadway.  The found bikes are placed between the inner and outer fence.

If you discover your missing bike has been recovered and is at the impound lot, stop in at the Willmar Police Department.  Our address is: 2201 NE 23rd St., Willmar, MN.  Ask the dispatcher when a Police Department property technician works next.  There are two of them.  You will need to make an appointment with this person while they are working to recover your bike.  You can do this by phone (235-2244) or stop in person.  Make the appointment as soon as possible to avoid the 90 day time limit expiring and risking the chance that the bike was returned to the finder.  (See question 1).    Return to question list.

 

 

 

 

4. Do officers have a ticket quota?  No!  Officers are allowed to write as many tickets as they want. (Just a little cop humor here).   Actually, a state law exists identified as MN Statute 169.985 that specifically states, "Traffic citation quota prohibited." 

   Traffic citation quotas probably started in the early days of law enforcement because it was an easy way for supervisors to measure the performance and work level of officers.  Traffic was not managed as well on our highways then as it is now and traffic enforcement was considered to be a primary job of the officer.  However, over the years the focus of law enforcement has changed radically and traffic enforcement is no longer the only criteria performance is based upon.  

   Better job understanding and increased supervisory skills allow supervisors to now measure work performance using a wide range of job tasks.  They no longer rely on how many tickets an officer writes as a measuring tool of performance.  

   So..., when an officer issues you a traffic citation, it is most certainly because he/she felt the situation warranted such action.  Asking the officer, "are you trying to fill your quota" will only make them smile .  (See also question 7).  Return to question list.

5. What exactly is an "open bottle"?  This is an older question that has been around for years.  Many people think if a 6-pak or a case that originally contained 24 cans of beer are missing one or more containers from the pack, this constitutes "open bottle".  That idea is not correct!   "Open bottle" means that the seal on a can or bottle of an alcoholic beverage has been broken and you are able to access the contents inside the bottle or can.   If the seal on liquor bottles has been broken, then it is considered to be an "open bottle" even if the cap is screwed back on and all the contents are present. 

The purpose of the law is to discourage drinking and driving.   If you do find yourself with an open bottle, make sure you place it in the trunk area of your vehicle prior to leaving private property with the vehicle.  If a trunk is not present on the vehicle (example: station wagons and pick-ups), then by law, the driver must ensure that the opened alcoholic beverage is in the rearmost portion of the vehicle that is most inaccessible from the driver and any passengers.   Return to question list.

6. Why do some cars get towed for parking violations and others just get a ticket?   This question was probably asked more during Sonshine Fest than anything other question.  Immediate towing is dependant on two things.  One is safety and the other necessity.  If your vehicle is parked in a manner that would apply to either of these two criteria, you stand an excellent chance of having it towed.  The following violations will give you an idea of what situations might incur immediate towing.

   Blocking access to a fire hydrant - Safety issue.  Fire hydrants need to be accessible at all times for obvious reasons.

   Parked in a fire lane - Safety issue.   Fire lanes are established corridors that permit fire trucks access to likely fire locations.  Parking in these lanes decreases the amount of maneuvering space fire trucks need and prevent them from reaching a fire.

   Parked blocking someone's driveway or blocking another parked vehicle so it cannot leave - Both safety and necessity issues apply here.  Rummage sale shoppers need to be aware of this one.  If your vehicle is blocking a driveway without the property owners permission you will more than likely find your car gone when you return. (Even if the rear end is only sticking partially across a driveway)  Safety factors come into play in regards to the fact that the homeowner may need to leave in a hurry for a medical emergency.  Necessity factors arise when a homeowner desires to leave and is held captive on their own property because they can't get out of their driveway.  This also applies when blocking someone else while they are parked in a legitimate parking space.

   Snow Removal - Necessity issue.   Periodically during heavy winter snowfall, snow emergencies are announced.  City plows need to keep the streets clean.  They can only perform this duty if vehicles are absent from the areas they need to plow.  Typically, a snow emergency situation is called for in the downtown area.  Announcements are made on the local radio as to what hours the snow emergency will be in effect and the area it applies to.   If your car is parked in an area where this emergency is announced, it will be towed any time after the declared emergency starts.

   Stalled in a lane of traffic - Safety and necessity issues apply for obvious reasons relating to a disruption of normal traffic flow.

Almost all other parking violations would only warrant a ticket being issued with your car still being present when you return.   Return to question list.

 

 

 

7. I don't have any prior violations.  Why didn't I just get a warning?   First of all, if an officer would only give warnings to someone with no prior violations on their record, then nothing but warnings would ever be given.  This is because previous warning tickets do not show up on a driving record.  Therefore, an officer has no way of knowing whether or not the driver may have received a warning in another town for some offense.  

When tickets are issued, it is based upon many different factors.   An officer takes all of these factors into consideration when making a determination whether to issue a warning or a citation.  These factors include considering the actual violation, the location of the violation, the driver's record, and also the driver's attitude.  Let's take a look at each of these areas and see how it may or may not affect a citation being issued.  We'll use speeding as an example since it is such a common argued offense.

Actual Violation as a Factor - An officer must consider the actual violation.  At what point should the absolute line be drawn?   1mph, 2, 3, 4, 5, 6, 7, 8, 9, 10 mph over the posted limit?  Each one of these is only one mile per hour more than the previous number.  If a violator wants an absolute line drawn, then our job is easy... the line is drawn at the posted speed level.   However, luckily for motorists, officers are allowed to exercise discretion when making a decision as to whether or not a ticket should be issued.  This leads us into the other factors an officer considers.

Location of the Violation - An officer considers location as a issuing factor also.  5 mph over the posted speed limit around a school or construction zone is obviously more dangerous than a wide street designed to handle large volumes of traffic with little chance of pedestrians being present.  Road conditions may be considered also.  Ice, packed snow, heavy rain, and a multitude of other road surface conditions are taken into account.  Other factors such as daytime or nighttime lighting, visibility, and traffic volume need to be considered.

Driving Record - A person with a lengthy driving record indicates someone who has less respect for our laws and society.  This person poses a greater danger to others on the roadway.  Giving this type of driver a break only enforces their mentality that violating the law is "no big deal" and actually encourages future driving violations.

Attitude - Now you really would think that attitude has nothing to do with the actual facts and circumstances of the traffic violation.  However, it plays an important role in the determination as to whether to cite or warn.  Drivers have been pulled over many times only to make statements that the only reason they were speeding is because they "were upset".  Current emotional attitude affected their driving.

Attitude toward the officer may also make an officer decide to issue a citation rather than warn.  Why would an officer warn a driver who swears, loudly argues, or threatens the officer?  This type of behavior/attitude only displays a lack of respect for the law that the officer is trying to enforce.   Someone who disrespects the law certainly is not going to make future attempts to abide by it.  Issuing a warning in these circumstances would be a total waste of time.

The next time you hear two people discussing traffic stops they were involved in or that they "heard about" and they are wondering why one friend got a warning for 10 mph over and the other received a citation please educate them.  No two speeding instances have ever been exactly the same.  The speed each driver was traveling at might be the same but as you can see, this factor is only a small part of the whole picture.  Return to question list.

8. How much does it cost if I'm under age 18 and I get caught smoking a cigarette?  It will probably be one of the most expensive cigarettes you would ever smoke.  The fine is currently $100.00 - no ifs, ands, or butts!  You get to keep the smokers breath!   Return to question list.

9. What happens to evidence seized by the police?  Property seized by the police will either be returned, destroyed, acquired, sold directly or auctioned.   Each of these actions are explained in greater detail as follows:

Returned Property - If a true owner can be determined and the property is not illegal to possess, then the property will be returned to this person.  An exception to this rule is if the property was used in a manner to harm someone.  Then that particular piece of property would normally be destroyed.  This is to prevent the item from being used in the same manner again by the owner.  Examples of items that might be destroyed instead of being returned would be knives, bats, clubs, etc.

Destroyed Property - Any property that is illegal to possess by the general public or has no value is destroyed.  Some examples of these items would be alcohol, tobacco, drugs, drug paraphernalia, broken items, or cheap firearms that cannot be returned by law because the owner is a convicted felon.

Auctioned or Property Sold Directly - Property that has no established owner or finder but possesses a value of more than $5.00 is placed in the city auction.  This property includes everything from abandoned vehicles to kids toys.  The city auction is usually held twice a year (spring and late fall).  It is announced in the local paper. 

Guns and jewelry are not placed in a city auction.  Instead, bids are obtained from three federally licensed firearms dealers for the guns seized by the police and sold to the highest bidder.  This is to ensure that guns are reentered into the federal firearms registration records.  If the gun is of questionable value or design, it is destroyed. 

Jewelry is not sold at an auction because it is difficult to ascertain the true value.  Instead, bids are obtained from three licensed jewelers and sold to the highest bidder. 

The money obtained from any item sold or auctioned is placed in the City of Willmar's general fund.

Acquired Property - When property is unclaimed and could be used by one of the City departments, it is acquired.  This allows the city to save money for our taxpayers.  Rather than sell an item at the city auction and then having to  purchase the same item through retail means at a higher cost to the taxpayer, the property is instead acquired for city use.   Return to question list.

 

 

 

10.  Where do I go to get a handgun permit?  Are you talking a permit to purchase/acquire or a permit to carry a handgun in public?  

Permit to Purchase/Acquire a Handgun: A permit to purchase/acquire can be obtained by stopping at the Kandiyohi County Sheriff's Department Records Unit. The application is approximately four pages in length.  After you complete the application form, return it to the Records Clerk.

You must apply for the permit in the jurisdiction you reside in.  This is determined by the address listed on your current drivers license at the time of application.  After completing your application return it to the Kandiyohi County Sheriff's Department Records Clerk.  It will be reviewed by either the Chief of Police or the Sheriff depending on the jurisdiction of the address listed on the application.  If the address on your application does not match the address on your drivers license, your application will be denied. 

Processing your application takes approximately 7-10 business days.  Processing the application consists of a check for criminal records, outstanding warrants, and a mental health background check.  The application process and the permit itself are free and there is no cost to the applicant for this type of permit.  The permit is sent to the successful applicant by mail.  This permit is valid for one year. 

Permit to Carry a Handgun in Public: A permit to carry a handgun in public can be obtained by stopping at the Kandiyohi County Sheriff's Department Records Unit. The application is approximately three pages in length. After you complete the application form, return it to the Records Clerk.

You must apply for the carry permit in the jurisdiction you reside in.  This is determined by the address listed on your current drivers license at the time of application.  After completing your application return it to the Kandiyohi County Sheriff's Department Records Clerk.  it will be reviewed by the Kandiyohi County Sheriff.  The address listed on your application and drivers license must be within the jurisdictional boundaries of Kandiyohi County in order for the Sheriff to properly process your application. 

Processing your application takes approximately 7-10 business days.  Processing an application consists of a check for criminal records, outstanding warrants, and a mental health background check.  The cost for processing is either $100.00 for a new permit application or $75.00 for renewal of an already existing permit.  This cost also takes care of the fee and registration notice that is sent to the State of Minnesota for successful applicants. 

After five years existing permit holders will receive a letter asking if they wish to renew their permit.  If a permit holder does not renew their permit within 31 days of expiration, the person will have to reapply for their next permit as a brand new permit rather than a renewal permit incurring the cost the $100.00 fee instead of the $75.00 renewal fee.  The permit is sent to the successful applicant by mail.  This permit is valid for five years. 

You will need to provide proof of training and proficiency with the weapon you are asking to carry.   The following contacts provide training.  You must contact them to determine training times/schedules and fees associated with the proficiency training. 

 

1. Central Lakes College,

2. 501 W. College Drive, Brainerd, MN  56401 

3. Phone: (800) 933-0346

4.  

5. Peart & Associates

6.  500 SW Industrial Drive, Willmar, MN  56201

7.  Phone: (320) 235-1137  Fax: (320) 235-9522

8.  

9. Elite Protective Services, Inc., 

10.  PO Box 117, New London, MN  56273  

11. Phone: (320) 354-4196  Email: keckhoff@tds.net

12.  

13. Bill's Gun Shop,

14. 4080 Broadway A, Robbinsdale, MN  55422 

15. Phone: (763) 533-9594  Fax: (763) 533-2997

16.  

17. Daniel Edwards, Grove City, MN  (320) 295-6814  

18.  Email: sierra.trading@mchsi.com

 

  Return to question list.

 

 

 

11.  How fast can I drive without getting stopped?   This is very similar to asking what kind of stock you should buy in the stock market.  It all depends on how much risk you are willing to accept.  1-5 mph over the posted speed limit is considered fairly low risk.  Each mile per hour speed increase over that amount increases your risk exponentially.  At 10 mph over the posted limit, you are almost begging for a ticket. 

Another factor you need to consider is, "how accurate is your speedometer?"  You may think you are at a fairly safe risk level for being stopped when traveling at 6 mph over the posted limit.  What happens if your speedometer happens to be off by 5 mph reading slower than your real speed?  Oh oh, now your trying to figure out why you are getting a ticket for 11 mph over the posted limit! 

Trust me, the excuses of "I just put on new oversized tires" or "my speedometer must be off" are about as worn out as officers saying "have a nice day" after they hand you the ticket.  Another almost standard line is, "I couldn't have been speeding.  I set my cruise at 64 mph".  Hmm... now what's wrong with that statement?  Unless you enjoy paying fines, please slow down and drive according to law.  Don't complain to the officer that stops you.  They are not the ones sitting in your car pressing the accelerator.   Return to question list.

 

 

 

12.   Can an officer enter a house or a vehicle without a search warrant?  Yes.  Under certain situations an officer can enter either type of location without a search warrant.  Officers are limited by the Court as to what types of situations this action could occur in.  Contrary to popular belief an officer does not need a search warrant to enter into a private building.   The confusion probably stems from not defining the difference between entering and searching.  Listed below are some instances where citizens have demanded to see a search warrant when a warrant was not required. 

Circumstances called "plain view"  - If an officer is in a position where the citizen has a limited expectation of privacy (example: the front step of a house when responding to a complaint at the given address) and observes a crime being committed in the house, the officer may respond to the crime committed in his presence.

Special conditions called "exigent circumstances" - An officer does not need a warrant under emergency conditions when acting in good faith to assist during that emergency (Example: entering a residence when responding to a fire call or ambulance request). 

This condition also applies motor vehicle searches.  If the officer has "probable cause" to believe contraband exists in a vehicle and obtaining a search warrant will allow the offender time to destroy the contraband during the officer's absence, an officer may make a search of that vehicle under exigent circumstances.

Circumstances called "hot pursuit" - If an officer is chasing a suspect who runs into a house with the officer in close proximity of the suspect during the chase, the officer may continue into the house to apprehend the suspect.  The officer does not need to remain outside the residence merely because the offender ran inside.

Circumstances involving consent or public places - An officer does not need a search warrant if permission to enter into a house has been granted by someone with the legal authority to do so.  Demands frequently occur in domestic situations when a wife has consented to allow an officer into the residence and the husband demands to see a "search warrant" before he will allow the officer to enter.

An officer does not need a search warrant to enter a public place during normal business hours as long as his presence is in an area open to the general public.

Officers are constantly trained on the current rulings of the Court involving search and seizure.  A defendant should never worry about an illegal search because this is usually one of the first areas examined by the Court and attorneys.   If a search is held to be illegal all charges against a defendant will more than likely be dropped.   Return to question list.

 

 

 

 

13.   What is the curfew time and age limits in the City of Willmar?   It is unlawful for any person under age (16) to be in or upon or loiter at any public place between the hours of 11:00 P.M. and 5:00 A.M. unless accompanied by a responsible adult.   Anyone ages 16 or 17 cannot be loitering in a public place between the hours of 12:00 midnight and 5:00 A.M. unless accompanied by a responsible adult.   There are some exceptions to curfew limitations.  If you are at a job or returning from a supervised activity and traveling in a direct path from the job or event to your home you will be excused.  The key point is that if you are under age 18, you need to have adult supervision present or be able to show that you are in direct travel from a job or event where supervision was present to your residence.  This does not include stopping off for groceries or running other errands.

    Parents also share responsibility in the following manner.  It is unlawful for any parent or other adult having the legal care of any juvenile to allow or permit the juvenile to violate the curfew ordinance. This person however cannot be prosecuted unless he/she has been notified in writing of a prior curfew violation committed by the juvenile. Such notification may be made by any law enforcement officer, probation officer, court services officer, or court administrator, and may be either personally served or mailed.   

    A curfew violation is a City of Willmar Ordinance #10-62 violation.  The fine is $25.00 for each offense after two initial offenses.   Return to question list.

14. What is the law relating to fireworks in the State of Minnesota?  Minnesota law changed on April 30th, 2002 to allow people to possess and use sparkling, nonexplosive, nonarial fireworks items.  The statute regulating fireworks is MN Statute 624.20(C).

    Basically if the fireworks are explosive or become aerial during discharge, it is illegal to possess or use.  This would include fireworks of the type commonly known as "firecrackers", "lady-fingers", "sky rockets", "bottle rockets", missile type rockets, aerial spinners, planes, helicopters or UFO's, Roman candles, mines or shells (which are heavy cardboard or paper tube attached to a base and upon ignition stars, balls or reports are propelled into the air), Chasers, or Parachutes.

    So now you probably wonder what is legal?  Well, the law allows you posses and use:

    • Wire or wood sparklers of not more than 100 grams of mixture per item

    • Novelty items such as snakes, glow worms, smoke devices or trick noisemakers which include paper streamers, party poppers, string poppers, snappers, and drop pops, each consisting of not more than twenty-five hundredths grains of explosive mixture.

    • Other sparkling items which are nonexplosive and non aerial and contain 75 grams or less of chemical mixture per tube or a total of 200 grams or less for multiple tubes.  This type items would include: cylindrical fountains, cone fountains, illuminating torches, wheels, ground spinners, flitter sparklers, and flash/strobes. 

    Return to question list.

     

     

     

     

     

    What type of motorcycle, motorscooter, motorbike, moped, skateboard or other similar device can I use on the road and what are the requirements?

     

    Click here for information

     

     

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15. What are the operating rules for ATVs and snowmobiles within the city limits of Willlmar?

Click here for Information

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