CONFIDENTIAL-California Peace Officer Standards and Training Crowd Management and Civil Disobedience Guidelines

Penal Code Section 13514.5 requires the Commission on Peace Officer Standards and Training to establish guidelines and training for law enforcement’s response to crowd management and civil disobedience.

These guidelines contain information for law enforcement agencies to consider when addressing the broad range of issues related to crowd management and civil disobedience. The guidelines do not constitute a policy, nor are they intended to establish a standard for any agency. The Commission is sensitive to the needs for agencies to have individualized policies that reflect concern for local issues. The Commission intends these guidelines to be a resource for law enforcement executives that will provide maximum discretion and flexibility in the development of individual agency policies.

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In the United States all people have the right of free speech and assembly guaranteed by the First Amendment of the Federal Constitution and California State Constitution. Law enforcement recognizes the right of free speech and actively protects people exercising that right.

The rights all people have to march, demonstrate, protest, rally, or perform other First Amendment activities comes with the responsibility to not abuse or violate the civil and property rights of others. The responsibility of law enforcement is to protect the lives and property of all people. Law enforcement should not be biased by the opinions being expressed nor by the race, gender, sexual orientation, physical disabilities, appearances, or affiliation of anyone exercising his/her lawful First Amendment rights. Law enforcement personnel must have the integrity to keep personal, political or religious views from affecting their actions.

When it becomes necessary to control the actions of a crowd that constitutes an unlawful assembly, the commitment and responsibility of law enforcement is to control lawfully, efficiently, and with minimal impact upon the community. A variety of techniques and tactics may be necessary to resolve a civil disobedience incident. Only that force which is objectively reasonable may be used to arrest violators and restore order.

All agencies should familiarize themselves with the terms, definitions, and guidelines set forth in this document. These are the generally accepted principles by which agencies respond to lawful and unlawful assemblies. The material in this document is designed to assist law enforcement executives in addressing the broad range of issues surrounding civil disobedience.

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Guideline #9: Use of Force: Force Options

Agencies should develop use of force policies, procedures, and training for managing crowds and civil disobedience.

Discussion:

When dealing with crowds and civil disobedience situations, law enforcement must be a disciplined and well-organized control force. The decisions to use force and the force options that may be applied in response to these incidents range from law enforcement presence to deadly force. Peace officers need not use the least intrusive force option, but only that force which is objectively reasonable under the totality of the circumstances (Scott v. Henrich, 39 F. 3d 912, 9th Cir. 1994, and Forrester v. City of San Diego, 25 F. 3d 804 9th Cir. 1994). Graham v. Connor, 490 U.S. 386, 109 S. Ct. 1865, 104 L. Ed. 2d 443 (1989). The reasonableness of the force used to affect a particular seizure is analyzed under the Fourth Amendment and determined by balancing the nature and quality of the intrusion on the individual’s Fourth Amendment interests against the governmental interests at stake.

Prior to an event, agencies should continually review their use of force alternatives in response to potential actions by protesters. Training should reflect reasonable use of force alternatives in order that officers are prepared to consider the tactics/force options available. Chew v. Gates, 27 F. 3d 1432, 1443 (9th Cir. 1994).

* A Sampling of Use of Force Considerations:

Determine compliance or non-compliance of crowd

Physically moving non-compliant offenders

Anticipate possible actions of demonstrators

Identify criminal violations involved

Develop arrest protocol

Develop use of pain compliance protocol

Plan for disabled, elderly, and children demonstrators

Determine availability of personnel

Evaluate availability of other public safety resources

Include protection devices for involved personnel

Plan for the safety of bystanders

Evaluate mobility of suspects/protestors

Determine avenues of controlled departure

Anticipate potential for medical resources

Establish protocols for less lethal munitions

* A Sampling of Force Options:

Law enforcement presence

Verbalization

Firm grip

Compliance techniques

Control devices

Nonlethal chemical agents

Electrical control devices

Impact weapons/batons

Less lethal (i.e., sting balls, grenades, bean bags)

Deadly force

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CA-Use_of_Force

TOP-SECRET-U.C. Berkeley Police Crowd Control Policy

This Policy is to provide an outline of basic steps to be taken and/or considered by UCPD in the management of campus demonstrations. It is recognized that no policy can completely cover every possible situation and thus we rely on the expertise of the commanders and supervisors to manage the situation utilizing this policy as a guideline. This policy is primarily intended to cover demonstrations on campus and involving primarily University affiliates but many of the elements are applicable to any demonstration. “Demonstration”, for the purposes of this policy, includes a broad range of gatherings. Generally they are events with a significant crowd intending to express a particular point of view to others, often “The University”, and often through highly visible and possibly disruptive means. They are distinguished from peaceful meetings but may spring from them.

PHILOSOPHY

The University and UCPD recognize the rights of all individuals to assemble and speak freely, as guaranteed by the First Amendment of the United States Constitution and the California State Constitution, and will actively protect those rights. The rights all people have to march, demonstrate, protest, rally or perform other First Amendment activities come with the responsibility to not abuse or violate the civil and property rights of others. The University has a right to continue normal business without disruption and all members of our community have the right to go about their business freely and safely. At times these rights result in competing interests which must be resolved. Toward this end, the University has established “time, place and manner” rules that should be used as guidelines. Only certain specific areas on campus are designated as forums for public expression.

The responsibility of UCPD is to protect the lives, property and rights of all people and to enforce the law. Personal safety is of primary importance for participants, non-participants and those who must be present by virtue of their positions (including Police Officers). Security of University facilities and continuation of normal business are also priorities.

When it becomes necessary to manage the actions of a crowd that constitutes an unlawful assembly or has committed other violations of law or University rules, the commitment and responsibility of law enforcement is to manage it lawfully, efficiently, and with minimal impact on the community. A variety of techniques and tactics may be necessary to resolve such an incident. Only that force which is reasonable may be used to arrest violators and/or restore order. Participants are expected to realize their obligation to comply with the lawful orders of police officers and to submit when arrested.

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MASS ARRESTS:

When it becomes necessary to make arrests of numerous individuals over a relatively short period of time the OIC/Overall Commander should ensure that:

• The area is contained and the violators isolated.
• Personnel understand whether someone may leave the area and under what conditions.
• The proper dispersal order is read outlining the unlawful assembly, other committed violations, and the dispersal route.
• An arresting/reporting officer is assigned.
• An arrest team is designated to take custody of the demonstrators.
• All arrests are done in accordance with policies, procedures, and training. The use of various types of arrest techniques should be based upon the type of resistance presented as well as the exigency of the situation.
• All arrested prisoners are searched, photographed, and properly identified.
• A decision is made as to how prisoners will be processed, i.e. field cited (on-site or off site) or transported to Berkeley Jail or Santa Rita Jail for booking; and whether protesters will be subject to 626 PC (626.4 for students/626.6 for others).
• If a significant number of students will be arrested, Office of Student Conduct representatives are requested to consider delivering Student Conduct violation notices at the booking station as appropriate.
• An adequate secure area is designated in the field for holding arrestees for the booking process or after the initial booking process while awaiting transportation.
• An adequate number of vehicles are made available to remove the arrestees to the detention center/jail.
• All injured prisoners are provided medical attention as appropriate prior to being incarcerated.
• All arrested juveniles are handled in accordance with the Department’s procedures for arrest, transportation, and detention of juveniles (GO-B3).
• All evidence and weapons taken from arrestees are processed in accordance with the department’s policy on the preservation and custody of evidence (GO-P1).

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