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    POSTGuidelines

    Crowd Management,Intervention,

    and Control

    C A L I F O R N I A C O M M I S S I O N O N P E A C E O F F I C E R S T A N D A R D S A N D T R A I N I N G

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    Forward by

    Paul CappitelliExecutive Director

    Commission on Peace Ocer Standards and Training

    POST Guidelines

    Crowd Management,

    Intervention, and Control

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    POST Guidelines Crowd Management,Intervention, and Control

    2012 by California Commission on PeaceOfficer Standards and Training

    Published March 2012

    All rights reserved. This publication may not bereproduced, in whole or in part, in any form orby any means electronic or mechanical or byany information storage and retrieval systemnow known or hereafter invented, with out prior

    written permission of the California Commissionon Peace Officer Standards and Training, withthe following exception:

    California law enforcement agencies in thePOST peace officer program and POST-certified training presenters are herebygiven permission by POST to reproduce anyor all of the contents of this manual for theirinternal use.

    All other individuals, private businesses andcorporations, public and private agencies and

    colleges, professional associations, and non-POST law enforcement agencies in state or out-of-state may print or download this informationfor their personal use only.

    Infringement of the copyright protection law andthe provisions expressed here and on the POSTwebsite underCopyright/Trademark Protectionwill be pursued in a court of law. Questionsabout copyright protection of this publication

    and exceptions may be directed to Publications

    Manager.

    Cover image from shalunts / Shutterstock.com

    POST2006TPS-0408

    http://www.post.ca.gov/terms--conditions.aspxmailto:Laurel.Espell%40post.ca.gov?subject=POST%20Guidelines%20%C2%AD%E2%80%94%20Crowd%20Management%2C%20Intervention%2C%20and%20Control%0Dmailto:Laurel.Espell%40post.ca.gov?subject=POST%20Guidelines%20%C2%AD%E2%80%94%20Crowd%20Management%2C%20Intervention%2C%20and%20Control%0Dmailto:Laurel.Espell%40post.ca.gov?subject=POST%20Guidelines%20%C2%AD%E2%80%94%20Crowd%20Management%2C%20Intervention%2C%20and%20Control%0Dmailto:Laurel.Espell%40post.ca.gov?subject=POST%20Guidelines%20%C2%AD%E2%80%94%20Crowd%20Management%2C%20Intervention%2C%20and%20Control%0Dhttp://www.post.ca.gov/terms--conditions.aspx
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    POST Guidelines Crowd Management, Intervention, and Control

    |

    POST Mission Statement

    The mission o the Caliornia Commission

    on Peace Ofcer Standards and Training

    is to continually enhance the proessionalism

    o Caliornia law enorcement in serving

    its communities.

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    POST Guidelines Crowd Management, Intervention, and Control

    | ii

    POST Commissioners

    Chair

    Lai Lai Bui

    Detective, Sacramento Police Department

    Vice Chair

    Jim McDonnell

    Chie, Long Beach Police Department

    Walter Allen

    Member, Covina City Council

    Tom Anderson

    Public Member

    Robert Cooke

    Special Agent in Charge

    Caliornia Narcotic Ocers Association

    Floyd Hayhurst

    Deputy Sherif, Los Angeles County

    Ron Lowenberg

    Director, Criminal Justice Training Center

    Golden West College

    John McGinness

    Sherif (Retired), Sacramento County

    Michael A. Ramos

    District Attorney, San Bernardino County

    Michael Sobek

    Sergeant, San Leandro Police Department

    Kamala D. Harris

    Attorney General, Ex Ocio Member

    Paul Cappitelli

    Executive Director

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    POST Guidelines Crowd Management, Intervention, and Control

    | v

    Guidelines Development Committee

    Dennis Beene

    Deputy Chie

    Caliornia Emergency Management AgencyKen Bernard

    Captain

    Sacramento Police Department

    Don Bradley

    Chie Deputy

    Santa Cruz County Sherifs Oce

    Donald Buchanan

    Commander

    Alameda County Sherifs OceRobert Fonzi

    Assistant Sherif

    San Bernardino County Sherifs Department

    Robert Gerber

    Acting Chie

    Caliornia Emergency Management Agency

    Bob Green

    Commander

    Los Angeles Police Department

    Paul Henisey

    Chie

    UC Irvine Police Department

    Michael Hillmann

    Deputy Chie (Ret.)

    Los Angeles Police Department

    D. R. Ike Iketani

    Assistant Chie

    Caliornia Highway Patrol

    Roxana Kennedy

    Lieutenant

    Chula Vista Police Department

    Boyd Long

    Assistant Chie

    San Diego Police Department

    Bruce Nalibof

    Chie Investigator

    Yolo County Distric t Attorneys Oce

    Patrick ONeill

    Sergeant

    Eureka Police Department

    Nader Oweis

    Chie

    UC Santa Cruz Police Department

    Michael Peters

    LieutenantOrange County Sherifs Department

    Eugene Ramirez

    Attorney

    Manning & Kass, Ellrod, Ramirez, and Trester LLP

    Carol Ann Rohr

    Deputy City Attorney

    City o Santa Monica

    Tom Schwedhelm

    Chie

    Santa Rosa Police Department

    Robert R.C. Smith

    Senior Consultant

    POST

    Erik Upson

    Captain

    Berkeley Police Department

    Robert Wickum

    Captain

    San Bernardino County Sherifs Department

    Robert Wren

    Lieutenant

    Orange County Sherifs Department

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    POST Guidelines Crowd Management, Intervention, and Control

    | vi

    Forward

    Penal Code 13514.5 requires the Commission on Peace Ocer Standards and

    Training to establish guidelines and training or law enorcements response to

    crowd management. It species that the guidelines to be developed by the

    commission should take into consideration the roles and responsibilities o all law

    enorcement ocers responding to acts o civil disobedience.

    These guidelines provide inormation or law enorcement agencies to consider

    when addressing the complexities and broad range o issues related to crowd

    management. For the purposes o these guidelines, the general term crowd

    management encompasses the management, intervention, and control strategies

    or a law enorcement response to public assemblies and gatherings that can range

    rom peaceul/non-violent to unlawul and riotous.

    The guidelines are not meant to constitute policy, nor are they intended to establish

    a statewide standard. They are solely a resource or law enorcement leaders to

    provide oundational guidance or the acilitation o First Amendment rights while

    allowing discretion and exibility in the development o individual agency policies.

    The inormation contained in this publication represents the best thinking o

    contemporary law enorcement leadership. POST is grateul or the assistance o

    the Guidelines Development Committee who generously gave o their time and

    expertise.

    Questions or comments concerning these guidelines should be directed to the POST

    Training Program Services Bureau at 916 227-4885.

    Paul CappitelliExecutive Director

    Commission on Peace Ocer Standards and Training

    ftp://www.leginfo.ca.gov/pub/code/pen/13001-14000/13510-13519.15ftp://www.leginfo.ca.gov/pub/code/pen/13001-14000/13510-13519.15
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    POST Guidelines Crowd Management, Intervention, and Control

    | ix

    Introduction

    In the United States all people have the right o ree speech and assembly guaranteed

    by the First Amendment o the Constitution. The First Amendment states Congress

    shall make no law respecting an establishment o religion, or prohibiting the ree

    exercise thereo; or abridging the reedom o speech, or o the press; or the right o

    the people peaceably to assemble, and to petition the Government or a redress o

    grievances.

    A undamental role o law enorcement is the protection o the rights all people have

    to peaceully assemble, demonstrate, protest, or rally. In turn, law enorcement also

    has the responsibility to ensure public saety and to protect the lives and property

    o all people. The sometimes competing goals o maintaining order while protecting

    the reedoms o speech and assembly stand as one o law enorcements greatest

    challenges.

    These guidelines are designed to assist law enorcement leadership in addressing the

    many challenges and broad range o issues surrounding a response to incidents o

    crowd management. All law enorcement leaders should amiliarize themselves with

    the guidelines, strategies, terms, and denitions set orth in this document. These are

    the generally accepted principles o crowd management, intervention and control,

    and should serve to guide a law enorcement agencys response to both lawul and

    unlawul assemblies.

    Law enorcement planners should be proactive in consulting with and advising

    their jurisdictions elected and administrative leaders o the identied strategies

    and plans or specic events. Such interactions will help establish responsibility and

    accountability at all levels.

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    POST Guidelines Crowd Management, Intervention, and Control

    | x

    ContentsPOST Mission Statement..................................................................................................................................................................................................i

    POST Commissioners ......................................................................................................................................................................................................iii

    Guidelines Development Committee ...........................................................................................................................................................................v

    Forward............................................................................................................................................................................................................................vii

    Introduction.....................................................................................................................................................................................................................ix

    Part 1 Law Enorcement Objectives........................................................................................................................................................................... 1

    Guideline 1.1 Law Enorcement Objectives in the 21st Century .......................................................................................................... 1

    Guideline 1.2 Principles o Crowd Management .................................................................................................................................... 3

    Guideline 1.3 Community Stakeholders .................................................................................................................................................. 5

    Part 2 Planning and Preparation ............................................................................................................................................................................... 7

    Guideline 2.1 Incident Command System (ICS) and Standardized Emergency Management Systems (SEMS) ......................... 7

    Guideline 2.2 Incident/Event Planning.................................................................................................................................................... 9

    Guideline 2.3 Crowd Behavior ................................................................................................................................................................. 13

    Guideline 2.4 Mutual Aid & Multi-Agency Coordination .................................................................................................................... 15

    Guideline 2.5 Public Agency and Community-Based Resources ....................................................................................................... 17

    Guideline 2.6 Training or Managing Crowds........................................................................................................................................ 19

    Part 3 Inormation Management............................................................................................................................................................................. 21

    Guideline 3.1 Inormation Gathering and Assessment....................................................................................................................... 21

    Guideline 3.2 Incident Documentation.................................................................................................................................................. 23

    Part 4 Roles and Responsibilities............................................................................................................................................................................. 25

    Guideline 4.1 Command and Control .................................................................................................................................................... 25

    Guideline 4.2 Leadership Responsibilities............................................................................................................................................. 27

    Guideline 4.3 Criminal Investigation ......................................................................................................................................................29

    Part 5 Crowd Control .................................................................................................................................................................................................. 31Guideline 5.1 Crowd Management, Intervention, and Control Strategies......................................................................................31

    Guideline 5.2 Dispersal Orders................................................................................................................................................................. 33

    Guideline 5.3 Mass Arrests and Bookings.............................................................................................................................................. 35

    Guideline 5.4 Use o Force: Force Options.............................................................................................................................................. 39

    Guideline 5.5 Use o Nonlethal Chemical Agents ................................................................................................................................. 41

    Part 6 Media ................................................................................................................................................................................................................ 43

    Guideline 6.1 Media Strategies ............................................................................................................................................................... 43

    Guideline 6.2 Electronic Communication and Social Media ...............................................................................................................45

    Appendix A Terms and Defnitions ........................................................................................................................................................................... 47

    Appendix B Crowd Management Intervention and Control Strategies ............................................................................................................. 51

    Appendix C Applicable Statutes ...............................................................................................................................................................................53

    Appendix D Applicable Case Law ............................................................................................................................................................................. 57

    Appendix E Training and Inormation Resources................................................................................................................................................... 61

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    POST Guidelines Crowd Management, Intervention, and Control

    | 1

    PART 1

    Law Enorcement Objectives

    Discussion: Law enorcement must careully balance the First Amendment rights and

    other civil liberties o individuals with the interventions required to protect public

    saety and property. When establishing policies and procedures, every agency should

    consider that all persons have the right to assemble, demonstrate, protest, rally,

    or perorm other activities protected by the First Amendment o the United States

    Constitution. Law enorcement has the responsibility to protect the lives and property

    o all people. Peace ocers must not be afected by the content o the opinions being

    expressed nor by the race, gender, sexual orientation, physical disabilities, appearances,

    religion, or political aliation o anyone exercising their lawul First Amendment rights.

    They must have the integrity to not let personal, political, or religious views afect how

    they perorm their duties.

    Law enorcement planners should be proactive in consulting with and advising their

    jurisdictions elected and administrative leaders o the identied strategies and plans or

    specic events. Such interactions will help establish responsibility and accountability at

    all levels.

    Issues to consider (not in priority order):

    Protection o Constitutional rights

    Fair and impartial enorcement o laws

    Protection o lie and property

    Protection o vital acilities

    Prosecution o violators

    Public and peace ocer saety

    Potential or disruption to commerce and community afairs

    Establish policies and procedures

    that recognize and address law

    enorcement objectives and

    provide or the legal protection

    o the Constitutional rights o

    all persons.

    Guideline

    1.1 Law Enorcement Objectives in the 21st Century

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    POST Guidelines Crowd Management, Intervention, and Control

    PART 1 Law Enorcement Objectives | 3

    Discussion: Any public assembly or gathering, whether or lawul or unlawul purposes,

    may require the response o law enorcement. The response can range rom observation

    to engaging in various crowd management strategies.

    Not all crowd situations involve unlawul behavior. Law enorcements responsibility is

    to objectively discern at what juncture a demonstration leaves the realm o legal protest

    and becomes an abridgement o the rights o others. Law enorcement should seek

    to acilitate lawul expression by groups who are present even when unlawul activity

    occurs. The goal should be to protect lawul activity while identiying and isolating

    unlawul behavior.

    Efective response to crowd management events necessitates adherence to certain

    oundational principles (not in priority order):

    Leadership

    Knowledge o Constitutional law

    Knowledge o law and agency policies as they relate to use o orce and

    inormation gathering

    Proper planning

    A willingness to reach out to protest groups and stakeholders

    Using time, patience, and communication to attempt to acilitate lawul protestactivities and obtain voluntary compliance when easible

    Use o the Incident Command System (ICS) and Standardized Emergency

    Management System (SEMS) to maximize proper command and control

    Appropriate use o the mutual aid system (see Guideline 2.4, page 15)

    Seeking support o community and public agency resources

    Training

    Situational awareness

    Proper incident documentation

    Thorough and complete criminal investigations

    Efective strategies and tactics

    Objectively reasonable use o orce

    Liaison with the media and a well-managed media relationship

    Understanding and working with social media and electronic communication

    Establish policies and procedures

    designed or efective response

    by law enorcement to crowd

    management events.

    Guideline

    1.2 Principles o Crowd Management

    http://www.fema.gov/emergency/nims/IncidentCommandSystem.shtmhttp://www.calema.ca.gov/planningandpreparedness/pages/standardized-emergency-management-system.aspxhttp://www.calema.ca.gov/planningandpreparedness/pages/standardized-emergency-management-system.aspxhttp://www.calema.ca.gov/planningandpreparedness/pages/standardized-emergency-management-system.aspxhttp://www.calema.ca.gov/planningandpreparedness/pages/standardized-emergency-management-system.aspxhttp://www.fema.gov/emergency/nims/IncidentCommandSystem.shtm
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    POST Guidelines Crowd Management, Intervention, and Control

    PART 1 Law Enorcement Objectives | 5

    Discussion: Stakeholder involvement is critical or efective law enorcement response

    to crowd management events. Law enorcement should embrace collaboration with

    community stakeholders when planning or and responding to public assemblies and

    gatherings.

    Community stakeholders may include (not in priority order):

    Advocacy groups

    Business associations

    Civil rights organizations

    Elected ocials

    Labor organizations

    Leaders o local/state government

    Neighborhood associations

    Religious groups/clergy

    Schools/colleges/universities

    Special interest groups

    Establish procedures to identiy

    and liaise with community

    stakeholders or the purpose

    o developing relationships,

    receiving input, and engaging in

    collaborative discussion.

    1.3 Community Stakeholders

    Guideline

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    POST Guidelines Crowd Management, Intervention, and Control

    Use the Incident Command System,

    an element o the Standardized

    Emergency Management System,

    when managing crowds.

    Discussion: The ICS is considered the model or managing the response to critical

    incidents including crowd management and civil demonstrations. SEMS, established by

    Government Code 8607(a), incorporates ICS and must be utilized by law enorcement

    agencies to apply or potential reimbursement rom the State o Caliornia. Law

    enorcements use o ICS is outlined in the Law Enorcement Guide or Emergency

    Operations.

    SEMS consists o the ollowing ve organizational levels that are activated as necessary:

    1) Field Response

    2) Local Government

    3) Operational Area

    4) Region

    5) State

    The Field Response Level also consists o ve primary Incident Command System unctions:

    1) Command

    2) Operations

    3) Planning/Intelligence

    4) Logistics

    5) Finance/Administration

    The benets o applying the principles o ICS or incident planning and response include:

    A unied structure or emergency response

    A useul ramework or acilitating the planning process

    Clarication o roles and planning or an events logistics and operations

    A structure that can be tailored to t the needs o each agency or event

    The Law Enorcement Guide or Emergency Operations can be ound on the Caliornia

    Emergency Management Agency (CalEMA) website at www.calema.ca.gov.

    | 7

    2.1 Incident Command System (ICS) and Standardized

    Emergency Management Systems (SEMS)

    PART 2

    Planning and Preparation

    Guideline

    ftp://www.leginfo.ca.gov/pub/code/gov/08001-09000/8607-8608http://www.calema.ca.gov/LawEnforcement/Pages/Redbook%20Revision%20Sep%202009.dy.pdfhttp://www.calema.ca.gov/LawEnforcement/Pages/Redbook%20Revision%20Sep%202009.dy.pdfhttp://www.calema.ca.gov/http://www.calema.ca.gov/http://www.calema.ca.gov/LawEnforcement/Pages/Redbook%20Revision%20Sep%202009.dy.pdfhttp://www.calema.ca.gov/LawEnforcement/Pages/Redbook%20Revision%20Sep%202009.dy.pdfftp://www.leginfo.ca.gov/pub/code/gov/08001-09000/8607-8608
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    POST Guidelines Crowd Management, Intervention, and Control

    PART 2 Planning and Preparation | 9

    Discussion: Planning and preparation are essential elements o efective crowd

    management. The planning process establishes a oundation or inormed decision-

    making and accountability. For pre-noticed events, agencies have the opportunity to

    develop in-depth operational plans. Prior planning experiences and ater-action reports

    can provide a basic level o guidance and operational consistency when planning or pre-

    noticed events and responding to spontaneous incidents.

    Law enorcement leaders are encouraged to apply the principles o the Incident

    Command System when developing operational plans, to include the use o ICS orms.

    Incident/event planning steps may include (not in priority order):

    Determining command and control

    Identiying incident, operations, and tactical commanders

    Outlining the circumstances in which command and control responsibilities

    transers to another level

    Identiying stang requirements or department operations center and/or

    emergency operations center

    Identiying and establishing incident objectives

    Developing a exible operations plan

    Identiying partner law enorcement agencies (local, state, and ederal as applicable)

    Considering cross-jurisdictional issues

    Contacting police agencies that have prior experience with similar events or groups

    Identiying and conerring with other city/county/state agencies that can

    contribute logistical support (see Guideline 2.5, page 17)

    Determining operational security needs, including:

    Counter-surveillance activities

    Counter-intelligence activities

    Developing protocols or event inormation gathering and disseminating

    Meeting with event organizers

    Identiy potential protest groups and ofering to meet with them

    Meeting with advocacy groups and other stakeholders

    Initiate incident/event planning

    consistent with the Incident

    Command System (ICS).

    2.2 Incident/Event Planning

    Guideline

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    Commission on Peace Ocer Standards and Training

    PART 2 Planning and Preparation | 10

    Researching applicable laws/ordinances/regulations

    Considering reasonableness o any Time, Place and Manner restrictions

    [Mardi Gras o San Luis Obispo v. City o San Luis Obispo, 189 F. Supp. 2d 1018

    (2002)]

    Reviewing use o orce policies and procedures, including:

    Level o authorization required

    Authorized equipment/tools/techniques

    Reporting protocols

    Reviewing parameters and methods or declaring an unlawul assembly

    Planning or media contact, including:

    Establishing procedures or inormation dissemination

    Identiying Public Inormation Ocer(s)

    Establishing procedures or media access

    Establishing staging area(s)

    Outlining crime investigation/arrest protocols

    Multi-agency/jurisdictional events

    Identiying and arranging or specialized support units (e.g., mounted, bicycles,

    other special vehicles, air or marine support, mobile eld orce, haz-mat)

    Considering the use o plain-clothes resources

    Arranging or adequate administrative/support personnel (e.g., communications,

    transportation, booking, records, detention, medical)

    Setting up logistical support or ocers

    Food and water

    Rest intervals

    Specialized equipment

    Personal protective equipment

    Mass-arrest supplies

    Spare vehicles and uel

    Property and evidence control

    Storage

    Consideration or bio-hazards

    Decontamination

    Initiate incident/event planning

    consistent with the Incident

    Command System (ICS).

    2.2 Incident/Event Planning (cont)

    Guideline

    http://lib.post.ca.gov/Publications/Crowd/obispo.pdfhttp://lib.post.ca.gov/Publications/Crowd/obispo.pdf
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    POST Guidelines Crowd Management, Intervention, and Control

    PART 2 Planning and Preparation | 11

    Considering interoperability issues (e.g., individual communicationsradios, cell

    phones)

    Developing a communications plan

    Identiying available translators when needed

    Arranging or other equipment (e.g., barriers, encing, cutting equipment,

    containment alternatives)

    Arranging or vehicle removal/towing capability

    Developing a demobilization plan

    Considering post-event scene stabilization to prevent recurrence o unlawul activity

    Methods and resources

    Short-term requirements

    Long-term requirements

    Ensuring timely post-event debrieng

    Considering soliciting input rom event organizers

    Producing a written ater-action report outlining lessons learned and training

    opportunities

    Establish a retention plan or operational plans and ater-action reports

    Reviewing standing plans or efectiveness

    Initiate incident/event planning

    consistent with the Incident

    Command System (ICS).

    2.2 Incident/Event Planning (cont)

    Guideline

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    POST Guidelines Crowd Management, Intervention, and Control

    PART 2 Planning and Preparation | 13

    Discussion: Be aware o the various types o behaviors associated with crowds that

    may result in a law enorcement response. Although crowds tend to be categorized as

    either lawul or unlawul, they are oten a blend o both and the individuals involved can

    engage in various behaviors. These behaviors can vary rom lawul assembly to individual

    criminal acts to civil disobedience to rioting. I easible, law enorcement should identiy

    and isolate unlawul behavior.

    A sampling o crowds and crowd behaviors (not in priority order):

    Crowds

    Anarchists

    Community celebrations

    Crime scenes

    Disasters

    Entertainment events

    Labor disputes

    Media events

    Mobile crowds

    Flash mobs

    Parades

    Parties/social gatherings

    Political events

    Product release/commercial activity

    Social agenda driven events (e.g.,, abortion, animal rights, jury decisions,

    environmental issues, etc.)

    Sporting events

    Trac collisions

    Crowd Behaviors

    Lawul

    Isolated unlawul

    Unlawul

    Riotous

    Recognize patterns o behavior

    and be prepared to respond

    appropriately to various types o

    crowds.

    2.3 Crowd Behavior

    Guideline

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    POST Guidelines Crowd Management, Intervention, and Control

    PART 2 Planning and Preparation | 15

    Discussion: Agencies should be amiliar with the process and responsibilities o

    requesting and receiving law enorcement mutual aid. Large demonstrations and mass

    gatherings have the potential to tax the resources o any law enorcement agency.

    Agencies should be amiliar with the Caliornia Emergency Management Agency, Law

    Enorcement Divisions Law Enorcement Mutual Aid Plan and its companion document, Law

    Enorcement Guide or Emergency Operations. Both o these publications are available on

    the Caliornia Emergency Management Agency (CalEMA) website at www.calema.ca.gov.

    The size and magnitude o an event requiring law enorcement response will dictate the

    need or multi-agency coordination and cooperation to eciently provide adequate

    mutual aid resources. Critical elements o applying mutual aid to an event will include

    pre-event planning (i possible), well-dened missions and objectives, specic uniorm

    and equipment requirements, identied staging areas and incident acilities, adequate

    briengs, an incident action plan, use o orce considerations, communication plan, arrest

    protocols, logistical support (ood, lodging, rest intervals, etc.), and nancial agreements

    (i contractual mutual aid or a planned event).

    Be amiliar with the Caliornia Law

    Enorcement Mutual Aid System

    and Plan.

    2.4 Mutual Aid & Multi-Agency Coordination

    Police

    Sheri

    RegionalM.A.

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    StateM.A.

    CoordinatorCalEMA

    CaliforniaNational

    Guard

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    Situation SeveritySituation SeveritySheri

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    Guideline

    http://www.calema.ca.gov/http://www.calema.ca.gov/
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    Commission on Peace Ofcer Standards and Training

    PART 2 Planning and Preparation | 16

    Be familiar with the California Law

    Enforcement Mutual Aid System

    and Plan.

    2.4 Mutual Aid & Multi-Agency Coordination (cont)

    Los Angeles

    Orange

    SanB

    enito

    Monterey

    Sonoma

    SantaClara

    Napa

    Solano

    Mendocino

    Del

    Norte

    Humboldt

    Lake

    SantaCruz

    SanMateo

    SanFrancisco

    Marin

    ContraCosta

    Alameda

    San Luis

    Obispo

    Santa Barbara

    Ventura

    Shasta Lassen

    TehamaPlumas

    ButteGlenn Sierra

    Yuba

    ModocSiskiyou

    Colusa Sutte

    r

    Trinity

    Yolo

    Placer

    Tuolumne

    ElDorad

    o

    Amador

    Calaveras

    San

    Joaquin

    Stanisl

    aus

    Sac

    rame

    nto

    Alpine

    Nev

    ada

    FresnoMe

    rced

    Marip

    osa

    Kings

    Tulare

    Kern

    Madera

    ImperialSan Diego

    Riverside

    San Bernardino

    Mono

    Inyo

    IA

    VI

    I

    V

    IV

    III

    II

    Law Enforcement

    Mutual Aid Regions

    Region Counties

    I Los Angeles, Orange

    IA Santa Barbara, San Luis Obispo, Ventura

    II Alameda, Contra Costa, Del Norte, Humbolt, Lake, Marin, Mendocino, Monterey, Napa, San Benito, San

    Francisco, San Mateo, Santa Clara, Santa Cruz, Solano, Sonoma,III Butte, Colusa, Glenn, Lassen, Modoc, Plumas, Shasta, Sierra, Siskiyou, Sutter, Tehema, Trinity, Yuba

    IV Alpine, Amador, Calaveras, El Dorado, Nevada, Placer, Sacramento, San Joaquin, Stanislaus, Tuolumne, Yolo

    V Fresno, Kern, Kings, Madera, Mariposa, Merced, Kern

    VI Imperial, Inyo, Mono, Riverside, San Bernardino, San Diego

    Guideline

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    PART 2 Planning and Preparation | 17

    Discussion: Collaborating with other public agencies and community-based resources

    is necessary or efective law enorcement response to crowd management events. Law

    enorcement should use available public agency and community-based resources when

    planning or and responding to crowds.

    Public agency and community-based resources may include (not in priority order):

    Adjacent law enorcement agencies (i.e., mutual aid)

    Animal control

    Caliornia Emergency Management Agency

    City Manager/County Administrator

    City/County/State Departments o Transportation

    Correctional acilities

    District Attorney/City Attorney/Agency Counsel

    EMS providers/ambulance services

    Fire services

    Hospitals

    Judiciary

    National Guard

    Parks and recreation

    Parole and probation

    Public health services

    Public transportation

    Public works

    Red Cross/Salvation Army or other similar service providers

    Reuse/waste removal services

    Schools/colleges/universities

    Social services

    Utility companies

    Establish procedures to identiy,

    develop, and utilize public agency

    and community-based resources.

    2.5 Public Agency and Community-Based Resources

    Guideline

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    PART 2 Planning and Preparation | 19

    Discussion: It is important to prepare or incidents through recurring training and

    simulation exercises. Command personnel need to understand resources, operational

    strategies, capabilities, orce options, and limitations o eld orces as well as the law

    and policies. Operational personnel need to understand the law, policy, tactics, and

    mission objectives.

    Ocer discipline and restraint is an essential component in successully managing

    crowds. Discipline is achieved through regular training in the areas o tactical

    undamentals and First Amendment rights. Training should be an ongoing process.

    Training should be relevant and realistic.

    Training may include (not in priority order):

    Agency policies and procedures

    Arrest and control techniques

    Baton/impact weapon techniques

    Case and statutory law

    Command decision-making

    Continuing Proessional Training (CPT)

    Crowd dynamics

    Incident Command Post and eld exercises

    Intervention strategies

    ICS/SEMS

    Less-lethal munitions (e.g., specialty impact munitions)

    Mass-arrest

    Media relations

    Mobile Field Force

    Mutual aid

    Nonlethal chemical agents

    Supervisory leadership

    Tactical decision-making

    Team arrest techniques

    Note: SeeTraining and Inormation Resources, page 61

    Establish procedures to provide

    training or law enorcement

    command and operational staf in

    managing crowds.

    2.6 Training or Managing Crowds

    Guideline

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    | 21

    Discussion: Gathering and analyzing inormation about an event can dramatically

    increase the efectiveness o an agencys planning and response to incidents involving

    crowd management. When estimating the impact o an anticipated event, law

    enorcement must consider the need to:

    Protect the rights o persons to lawully assemble and express their opinions

    Preserve the peace

    Deploy ocers or crowd and trac control

    The collecting o inormation must be or a reasonable law enorcement purpose and be

    mindul o Constitutional rights. A reasonable law enorcement purpose means that the

    inormation being collected is intended to:

    Assist the agency in acilitating event-related activities

    Assist the agency in providing a public saety response

    Address unlawul conducteither past, present, or anticipated

    Not solely ocus on the exercise o rights guaranteed by the First Amendment

    A pre-event assessment may include:

    Determining the time o assembly, duration o event, location, and type o

    activities planned

    Estimating the number o persons expected to participate or observe

    Reviewing any previous events involving the same or similar groups

    Assess actions and equipment utilized by groups in prior incidents

    Analyzing the expected time o arrival and departure, and the means and routes

    o travel or participants

    Attempt to determine impact on public transportation, reeways and

    roadwaysAttempt to determine impact on commerce and public accessibility

    Analyze potential activities and hazards along the route

    Analyzing the potential or opposing/counter groups

    Assessing public saety concerns associated with the event

    When gathering inormation about groups and their actions, agencies should coner with

    their legal advisor regarding guidelines and court decisions related to the collection and

    dissemination o inormation.

    Establish policies and procedures

    to address the collection o

    inormation prior to, during, and

    ater crowd management events.

    PART 3

    Inormation Management

    3.1 Inormation Gathering and Assessment

    Guideline

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    PART 3 Information Management | 23

    Discussion: Thorough documentation is a key element which supports not only

    criminal investigation and prosecution, but also gives an account o law enorcements

    response to an event. Documentation should begin with the planning process. Proper

    documentation can aid law enorcement to address complaints, civil litigation, and

    requirements or potential reimbursement. Agencies should ensure record retention

    protocols are ollowed.

    Use o orce should be reported consistent with agency policy. Agencies should ensure

    that use o orce is accounted or and reported to the Incident Commander prior to the

    conclusion o the law enorcement response.

    Agencies should anticipate that all documentation, including electronic communications

    may be subject to subpoena and Public Records Act, Government Code 62506270

    requests.

    Methods o documentation may include (not in priority order):

    Still photography

    Audio recording

    Video recording

    Written log/journal

    Reports (including ater-action reports and any appropriate ICS orms)

    Media reports/open source ootage

    Communication, dispatch tapes and printouts

    Subjects to be documented may include (not in priority order):

    Pre-event planning

    Incident/Event Action Plan

    Records o law enorcement decisions and inormation

    Records o law enorcement actions in response to the event

    Property damage

    Injuries and claims o injuries (participants and law enorcement)

    Collective and individual behavior o participants

    Individual arrests

    Individual ofcers actions

    Use o orce

    Evidence/property collected

    Ater-Action Report

    Establish protocols for

    documenting crowd

    management events.

    3.2 Incident Documentation

    Guideline

    ftp://www.leginfo.ca.gov/pub/code/gov/06001-07000/6250-6270ftp://www.leginfo.ca.gov/pub/code/gov/06001-07000/6250-6270
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    Establish policies and procedures

    to address issues o command

    and control or efective law

    enorcement response to crowd

    management events.

    | 25

    Discussion: Agencies should use the Incident Command System (ICS) as a basis to

    structure a law enorcement response to crowd management events. The Incident

    Commander is in command o the event. The Incident Commander must establish the

    objectives o the incident action plan, consider new inormation, continually re-evaluate

    the situation, assess available resources, and balance competing demands to best achieve

    incident objectives.

    Establishing a clear command structure during an incident is essential. Unity o

    command is the concept that each ocer is assigned to only one supervisor. It

    clearly identies the individual in charge o any specic group o ocers, unction or

    assignment. Unity o command provides or efective management o both pre-planned

    and spontaneous events.

    When responding to a spontaneous event, individuals o any rank may serve as Incident

    Commander until relieved by a ranking ocer. All personnel should be trained in the

    Standardized Emergency Management System (SEMS), and, specically, the Incident

    Command System.

    A key principle or establishing unity o command is that each individual in a command

    or supervisory role knows the ollowing:

    To whom he/she reports

    His/her role, responsibilities, and objectives

    What resources are allocated and available

    His/her geographical or unctional area o operation

    The transer o command, at any level, requires the person assuming command to:

    Assess the situation with the current Incident Commander

    Receive a brieng rom the current Incident Commander

    Determine an appropriate time or the transer o command

    Document the transer o command

    Notiy others o the change o command

    PART 4

    Roles and Responsibilities

    4.1 Command and Control

    Guideline

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    PART 4 Roles and Responsibilities | 27

    Discussion: A key component to the success o any crowd management event is that

    all personnel demonstrate competent leadership, regardless o rank. Efective leaders

    are accountable, organized, and decisive; they delegate appropriately, provide clear

    direction, and lead by example. Leadership at critical incidents should be guided by their

    agencys policies, procedures, and the law.

    Leadership responsibilities may include (not in priority order):

    Understanding and maintaining ocus on the objectives

    Being available or decision-making

    Accepting responsibility

    Being proactive to reasonably control emotional responses o on-scene personnel

    Making adjustments to operational tempo as needed

    Communicating throughout the chain o command as required

    Instilling condence

    Emphasizing teamwork and avoiding individual action

    Recognizing and addressing saety concerns o personnel

    Continuously reassessing the situation and adjusting the response as necessary

    Recognize the essential role o

    leadership during any crowd

    management event.

    4.2 Leadership Responsibilities

    Guideline

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    PART 4 Roles and Responsibilities | 29

    Discussion: Crowd behaviors that result in criminal activity should be investigated and

    documented. Statutory ofenses may include, but not be limited to, trespass, unlawul

    assembly, ailure to disperse, assault, rioting, vandalism, and conspiracy.

    Private persons arrests should be considered when appropriate. Arrests should be

    based upon applicable laws and advice rom prosecutors. Conspiracy charges may be

    appropriate but are requently overlooked.

    Investigative considerations may include (not in priority order):

    Identiying crimes

    Consulting with city/district attorney prior to and ater the event

    Identiying a master report writer/case agent

    Identiying an evidence coordinator

    Gathering documents that may aid in an investigation (including press releases,

    Internet material, signs, banners, etc.)

    Obtaining available video evidence

    Reviewing each arrest

    Recording specic chants with nexus to unlawul activity and, when possible,

    identiying who is leading them

    Photographing/video recording the event

    Maintaining evidence beyond the criminal prosecution, pending potential

    civil litigation

    Collecting samples o weapons (rocks, bottles, etc.) utilized in the commission

    o a crime

    Evidence considerations or conspiracy investigations may include (not in priority order):

    Clothing and items showing aliation with similar groups

    Computers and storage devices

    Documents (correspondence, address books, journals, etc.)

    E-mailManiestos

    Photographs (including criminal activity and assembly site beore and ater)

    Posts on social media and Internet sites

    Telephone records

    Video recordings

    Note: Seizures o some o these items may require a search warrant

    Establish procedures to investigate

    and prosecute criminal activity

    that may occur at public

    gatherings.

    4.3 Criminal Investigation

    Guideline

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    | 31

    Discussion: Lawul gatherings may oten conclude without any need or law

    enorcement intervention. Every event should be independently assessed to determine

    the tactics that will efectively support and acilitate First Amendment activity, and

    provide or public saety. Tactics employed may evoke a positive or negative response

    (e.g., a strong show o orce may calm and disperse a crowd or incite them). The

    intervention strategies agencies utilize will depend upon available resources and the

    totality o the circumstances. Crowds and criminal acts committed by participants

    within the crowd require a exible response. Strategies include containment, control,

    communication, tactical inormation, coordination and response. Planning or crowd

    management incidents should include consideration o contingencies.

    Crowd management, intervention, and control strategies and tactical considerations may

    include (not in priority order):

    Establishing contact with the crowd

    Gaining verbal compliance

    Supporting and acilitating First Amendment activities

    Developing a trac management and/or control plan

    Using crowd control and dispersal methods

    Protecting critical acilities

    Providing a high-visibility law enorcement presence

    Note: For a more comprehensive list o considerations, seeAppendix B, page 51.

    Develop crowd management,

    intervention, and control strategies

    to address crowd behavior, either

    lawul or unlawul, that impacts

    public saety.

    PART 5

    Crowd Control

    5.1 Crowd Management, Intervention, and

    Control Strategies

    Guideline

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    PART 5 Crowd Control | 33

    Establish procedures or declaring

    unlawul assemblies and issuing

    dispersal orders.

    Discussion: Law enorcement agencies should understand the law as it pertains

    to an unlawul assembly. The decision to declare a crowd unlawul must be based

    upon reasonable and articulable acts. The denition o an unlawul assembly has

    been set orth in Penal Code section 407 and interpreted in court decisions. The

    terms boisterous and tumultuous as written in Penal Code section 407 have been

    interpreted as conduct that poses a clear and present danger o imminent violence [ In

    re Brown (1973) 9 Cal. 3d 612, 623.].

    The intent o a dispersal order is to permanently disperse a crowd, not to merely

    relocate the problem. It should be made clear that the crowd is expected to

    immediately leave the area, and include a warning that orce may be used which

    may inict signicant pain or result in serious injury [Deorle v. Rutherord, 272 F.3d

    1272, 1284 (9th Cir. 2001)]. The dispersal order must be given in a manner reasonably

    believed to be heard and understood by the intended audience. Based upon the

    circumstances, law enorcement may need to consider multiple announcements rom

    various locations. Dispersal orders may be delivered in English and in other languages

    that are appropriate or the audience. Regardless o how delivered, law enorcement

    should record the name o the individual making the statement and the date and time

    each order was administered. Dispersal orders should not be given until control orces

    are in position to support crowd movement.

    Dispersal Order Example I am (peace ocers name and rank), a peace ocer or

    the (name o jurisdiction). I hereby declare this to be an unlawul assembly, and in the

    name o the People o the State o Caliornia, command all those assembled at (specic

    location) to immediately disperse, which means to break up this assembly. I you do not

    do so, you may be arrested or subject to other police action. Other police action could

    include the use o orce* which may inict signicant pain or result in serious injury. Penal

    Code 409 prohibits remaining present at an unlawul assembly. I you remain in the area

    just described, regardless o your purpose, you will be in violation o Penal Code 409.

    The ollowing routes o dispersal are available (routes). You have (reasonable amount o

    time) minutes to disperse.

    * Agencies may want to consider including the description o specifc use-o-orce options

    (e.g., electronic control device, baton, chemical agents).

    Guideline

    5.2 Dispersal Orders

    http://law.justia.com/cases/california/cal3d/9/612.htmlhttp://www.law.com/regionals/ca/opinions/nov/9917188.shtmlftp://www.leginfo.ca.gov/pub/code/pen/00001-01000/403-420.1ftp://www.leginfo.ca.gov/pub/code/pen/00001-01000/403-420.1ftp://www.leginfo.ca.gov/pub/code/pen/00001-01000/403-420.1ftp://www.leginfo.ca.gov/pub/code/pen/00001-01000/403-420.1http://www.law.com/regionals/ca/opinions/nov/9917188.shtmlhttp://law.justia.com/cases/california/cal3d/9/612.html
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    Establish procedures or declaring

    unlawul assemblies and issuing

    dispersal orders.

    PART 5 Crowd Control | 34

    Methods that may be used to deliver and document dispersal orders includes

    (not in priority order):

    Loud speech

    Amplied sound

    Display o signage indicating unlawul assembly and dispersal

    Gaining the attention o the crowd and documenting armative responses o

    crowd members prior to the declaration o unlawul assembly

    Positioning law enorcement personnel to the rear o a crowd to conrm and

    document hearing the transmission o the dispersal order

    Acquiring multiple-language capability

    Using video/audio recording equipment or documentation o the dispersal order

    5.2 Dispersal Orders (cont)

    Guideline

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    PART 5 Crowd Control | 35

    Discussion: The most successul law enorcement strategy or dealing with mass arrests

    and bookings is proper planning, training, and comprehensive brieng o involved

    peace ocers prior to the event. Mass arrests are dynamic situations that are resource

    intensive. Any process must be exible enough to handle challenges that may conront

    the eld orce.

    Be prepared to utilize various arrest tactics to address unlawul behavior, including:

    passive/non-compliant resistance, active resistance, and assaultive and lie-threatening

    conrontation.

    Maintain accountability o arrestees rom the arrest site (crime scene) through the

    booking process. Many cases are lost due to the inability to match up the arresting peace

    ocer to the arrestee. The arrest report should articulate each arrestees specic criminal

    act(s) and the witnessing ocers. This process will aid in criminal prosecution and the

    reduction o civil liability.

    A coordinated efort by all involved criminal justice entities is essential to ensure proper

    arrest, booking, and prosecution o violators.

    Maintain accountability o evidence. Consideration should be given to maintaining

    evidence beyond criminal prosecution, pending potential civil litigation.

    Mass arrest and booking considerations may include (not in priority order):

    Booking/processing area:

    On-site, of-site or temporary holding acility

    Medical staf

    Security (protest groups oten target booking acilities)

    Weather issues

    Media issues

    Designated arrest teams

    Armed

    Unarmed

    Protective clothing

    Handcuf-release devices

    Develop procedures or

    conducting and managing

    mass arrests and bookings.

    5.3 Mass Arrests and Bookings

    Guideline

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    Develop procedures or

    conducting and managing

    mass arrests and bookings.

    PART 5 Crowd Control | 36

    Documentation (photo/video/written) o arrests

    Date

    Time

    Location

    Ofense(s)

    Arresting peace ocer(s)

    Identication o arrestees

    Disposition

    Computer access or records checks, etc.

    Telephone access

    Designated booking teams

    Prisoner transportation

    Special needs (e.g., wheelchairs)

    Segregation issues

    Gender

    Gangs

    Juveniles

    Personal needs issues

    Restrooms

    Water

    Food

    Coordination with:

    Medical

    Jail

    Court

    District/City Attorney

    Probation/parole

    Public Deenders Oce

    Private attorneys

    5.3 Mass Arrests and Bookings (cont)

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    PART 5 Crowd Control | 37

    Sucient handcufs/restraint equipment

    Sucient orms/paperwork

    Booking orms

    Field release rom custody

    Field interview cards

    Evidence collection/storage o materials

    Master report writer/case agent

    Public afairs/media relations representative

    Public service announcements

    Develop procedures or

    conducting and managing

    mass arrests and bookings.

    5.3 Mass Arrests and Bookings (cont)

    Guideline

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    PART 5 Crowd Control | 39

    Discussion: The law enorcement response to unlawul behavior should be consistent

    with the agencys use o orce policy and the law. The reasonableness o orce used to

    efect a seizure is determined by balancing the nature and quality o the intrusion on

    the individuals Fourth Amendment interests against the governmental interests at

    stake. Graham v. Connor, 490 U.S. 386, 396-397 (1989). In determining the governmental

    interest, the Court traditionally examines three actors:

    1) The severity o the crime at issue

    2) Whether the suspect posed an immediate threat to the saety o ocers or others

    3) Whether the suspect was actively resisting arrest or attempting to evade arrest

    by ight

    According to Young v. County o Los Angeles, 655 F.3d 1156, 1163-1166 (9th Cir. 2011),

    the Court emphasized that the most important actor is whether the individual posed

    an immediate threat to the ocer or to the saety o the public. The Young court reers

    to Headwaters I and II, when balancing the nature and quality o the intrusion against

    the governmental interests, wherein a suspect is non-violent and poses no threat to the

    saety o the ocers or others. See Young, 655 F.3d at 1162 and 1165 (citing Headwaters

    Forest Deense v. County o Humboldt, 240 F.3d 1185, 1199-1200, 1204 (9th Cir. 2000),

    vacated and remanded on other grounds, 534 U.S. 801. (2001) (Headwaters I); and, see

    Young, 655 F.3d at 1167 (citing Headwaters Forest Deense v. County o Humboldt, 276 F.3d

    1125, 1129-31 (9th Cir. 2002) (Headwaters II).

    Periodically review use o orce alternatives in response to potential actions encountered

    during crowd management and unlawul events. Training should reect reasonable

    use o orce alternatives so ocers are prepared to consider the tactics/orce options

    available; Chew v. Gates, 27 F. 3d 1432, 1443 (9th Cir. 1994). Peace ocers need not use the

    least intrusive orce option, but only that orce which is objectively reasonable under the

    totality o the circumstances; Scott v. Henrich, 39 F. 3d 912 (9th Cir. 1994), and Forrester v.

    City o San Diego, 25 F. 3d 804 (9th Cir. 1994). When easible, prior to the use o a particular

    orce option, ocers should consider the availability o less-intrusive measures; Young,

    655 F.3d at 1166; Bryan v. McPherson, 630 F. 3d 805, 831 (9th Cir. 2010).

    Warnings should be given, when easible, i the use o orce may inict signicant pain or

    result in serious injury; Deorle v. Rutherord, 272 F.3d 1272, 1284 (9th Cir. 2001).

    In all situations, the orce used must be objectively reasonable under the totality o the

    circumstances. Graham v. Connor, 490 U.S. at 397.

    Develop use o orce policies,

    procedures, and training or

    managing crowds engaged in

    unlawul activity.

    5.4 Use o Force: Force Options

    Guideline

    http://supreme.justia.com/cases/federal/us/490/386/http://us9thcircuitcourtofappealsopinions.justia.com/2011/08/26/young-v-county-of-los-angeles-et-al/http://lib.post.ca.gov/Publications/Crowd/chew.pdfhttp://lib.post.ca.gov/Publications/Crowd/scott.pdfhttp://lib.post.ca.gov/Publications/Crowd/forrester.pdfhttp://lib.post.ca.gov/Publications/Crowd/forrester.pdfhttp://www.ca9.uscourts.gov/datastore/opinions/2010/11/30/08-55622.pdfhttp://www.law.com/regionals/ca/opinions/nov/9917188.shtmlhttp://www.law.com/regionals/ca/opinions/nov/9917188.shtmlhttp://www.ca9.uscourts.gov/datastore/opinions/2010/11/30/08-55622.pdfhttp://lib.post.ca.gov/Publications/Crowd/forrester.pdfhttp://lib.post.ca.gov/Publications/Crowd/forrester.pdfhttp://lib.post.ca.gov/Publications/Crowd/scott.pdfhttp://lib.post.ca.gov/Publications/Crowd/chew.pdfhttp://us9thcircuitcourtofappealsopinions.justia.com/2011/08/26/young-v-county-of-los-angeles-et-al/http://supreme.justia.com/cases/federal/us/490/386/
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    Develop use o orce policies,

    procedures, and training or

    managing crowds engaged in

    unlawul activity.

    PART 5 Crowd Control | 40

    Use-o-orce considerations may include (not in priority order):

    Determining compliance or non-compliance o individuals

    Moving non-compliant ofenders

    Anticipating possible actions o demonstrators

    Identiying criminal violations

    Developing arrest protocol

    Addressing the use o pain compliance techniques

    Planning or physically challenged, elderly, and child demonstrators

    Considering the resources available based on the situation

    Evaluating availability o other public saety resources

    Using personal protective equipment

    Planning or the saety o bystanders and the media

    Evaluating the mobility o suspects/protestors

    Determining avenues o controlled departure

    Anticipating potential need or medical resources

    Addressing the use o less-lethal munitions and chemical agents

    Force options may include (not in priority order):

    Law enorcement presence

    Verbalization

    Control holds

    Compliance techniques

    Control devices

    Nonlethal chemical agents

    Electronic control devices (ECD)

    Impact weapons/batons

    Less-lethal munitions

    Deadly orce

    5.4 Use o Force: Force Options (cont)

    Guideline

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    PART 5 Crowd Control | 41

    This guideline must be applied in conformance with Guideline 5.4, Use of Force:

    Force Options.

    Discussion: Case law has determined that the use o nonlethal chemical agents can

    cause signicant pain and is an intermediate level o orce; Young v. County of Los

    Angeles, 655 F.3d 1156, 1162 (9th Cir. 2011). Since Young held that chemical agents can

    inict signicant pain, warnings should be given, when easible, prior to deployment;

    Deorle v. Rutherford, 272 F.3d 1272, 1284 (9th Cir. 2001).

    Use o nonlethal chemical agents in response to an unlawul assembly may be reasonable

    depending on the totality o the circumstances. Each agency should consider when,

    where, and how nonlethal chemical agents may be deployed, and consider potential

    collateral efects.

    Only properly trained personnel should be authorized to deploy nonlethal chemical

    agents. Nonlethal chemical agents, protective masks, maintenance, storage, and security

    must be addressed by each agency.

    Nonlethal chemical agent deployment considerations may include (not in priority order):

    Saety o personnel involved

    Personnel available

    Methods o delivery

    Weather conditions

    Wind direction

    Physical location/terrain considerations

    Efect on law enorcement horses

    Types o agents available

    Protective devices or personnel

    Decontamination

    Potential exposure to children, elderly, and persons with disabilities

    Develop policies and procedures

    regarding deployment of nonlethal

    chemical agents during incidents

    of civil disobedience. Ensure

    awareness that the application of

    nonlethal chemical agents is

    considered an intermediate

    level of force and must be

    reasonable under the totality of

    the circumstances.

    5.5 Use of Nonlethal Chemical Agents

    Guideline

    http://us9thcircuitcourtofappealsopinions.justia.com/2011/08/26/young-v-county-of-los-angeles-et-al/http://us9thcircuitcourtofappealsopinions.justia.com/2011/08/26/young-v-county-of-los-angeles-et-al/http://www.law.com/regionals/ca/opinions/nov/9917188.shtmlhttp://www.law.com/regionals/ca/opinions/nov/9917188.shtmlhttp://us9thcircuitcourtofappealsopinions.justia.com/2011/08/26/young-v-county-of-los-angeles-et-al/http://us9thcircuitcourtofappealsopinions.justia.com/2011/08/26/young-v-county-of-los-angeles-et-al/
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    Nonlethal chemical agent policy considerations may include (not in priority order):

    Circumstances

    Training

    Reporting

    Types o agents

    Appropriate methods o deployment

    Identity o person(s) who can authorize the use o nonlethal chemical agents

    Identity o person(s) trained to deploy nonlethal chemical agents

    Decontamination/observation

    Medical attention

    Storage, replacement, and inventory accountability

    Field issuance, deployment, and accountability or recovery

    Protective mask t testing

    Multi-agency events

    Develop policies and procedures

    regarding deployment o

    nonlethal chemical agents

    during incidents o civil

    disobedience. Ensure awareness

    that the application o nonlethal

    chemical agents is considered an

    intermediate level o orce and

    must be reasonable under the

    totality o the circumstances.

    Guideline

    5.5 Use o Nonlethal Chemical Agents (cont)

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    | 43

    Discussion: Having an efective media relationship is important to law enorcement

    when addressing crowd management incidents. The more that law enorcement interacts

    with the media in a spirit o cooperation and transparency, the more accurate the

    reporting. In most instances involving crowd management events, it is benecial or an

    agency to routinely provide timely inormation rather than simply respond to inquiries.

    Media strategies may include (not in priority order):

    Assigning a Public Inormation Ocer(s) (PIO) to the event

    Complying with Penal Code 409.5

    Developing a plan to address non-traditional media in the crowd

    Providing a single point o contact that the media can call/access to receive

    timely updates

    Ensuring timely, accurate inormation about the event

    Taking proactive steps to provide inormation rather than merely responding

    to inquiriesConsidering dissemination o inormation to the media that may include:

    The what, where and when o anticipated activities

    Specic parade or protest routes

    Locations subject to disruption o normal business or trac

    The extent o disruption expected

    Alternative routes and/or mass transit alternatives

    Inorming the media o law enorcement expectations during a dispersal order(s)

    Establishing a media staging area

    Considering use o a media pool (camera, radio, print)

    Considering embedding media with law enorcement when appropriate

    Considering establishing a Joint Inormation Center (JIC)

    Develop policies and procedures

    or acilitating the role o the

    media during incidents that

    require a law enorcement

    response to manage crowds.

    PART 6

    Media

    6.1 Media Strategies

    Guideline

    ftp://www.leginfo.ca.gov/pub/code/pen/00001-01000/403-420.1ftp://www.leginfo.ca.gov/pub/code/pen/00001-01000/403-420.1
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    Discussion: The use o electronic communication and social media has grown

    exponentially over the last decade. People o all ages and organizations o all types

    now commonly use a vast array o electronic devices. The efective use o electronic

    communication and social media can enhance law enorcement eforts related to

    community outreach, investigations, and in other strategic initiatives. Electronic

    communication and social media have specic application to law enorcements response

    to incidents o crowd management.

    Considerations or law enorcement regarding utilization o electronic communication

    and social media may include (not in priority order):

    Quickly inorming the public and media about events, developments, police

    activities, or other announcements in real time

    Building relationships with the public, special interest groups, and protesters

    Providing ways or the public to communicate with law enorcement, such as

    reporting suspicious activity

    Inorming crowds by posting instructions to attendees

    Communicating with citizens about crime inormation, road closures, etc.

    Providing relevant inormation, prior to and during an event

    Providing timely warnings, emergency notications, and/or advisories to mass

    recipients (e.g., reverse 9-1-1, texting, etc.)

    Establishing operational security and identiying legal implications in the ocial

    use o electronic communication and social media platorms

    Developing agency-specic policies and procedures with regard to the personal

    use o electronic communication and social media that includes measures to

    ensure operational security.

    Develop policies and procedures

    or the use o electronic

    communication and social

    media as both an efective

    means o communicating

    with the community and an

    investigative tool.

    6.2 Electronic Communication and Social Media

    Guideline

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    Anarchist

    A person who uses unlawul, violent means to cause

    disorder or upheaval

    Active Resistance

    To intentionally and unlawully oppose the lawul

    order o a peace ocer in a physical manner (e.g.,

    bracing, tensed muscles, interlock arms/legs, pushing,

    kicking, etc.).

    Ater Action Report

    A report covering response actions, application o ICS,modications to plans and procedures, training needs,

    and recovery activities.

    Arrest Protocol

    The ormal process o placing subjects under arrest,

    taking into custody, and associating the arresting peace

    ocer(s) with the specic individual arrested.

    Arrest Teams

    Personnel assigned to arrest duties during civil

    disobedience/civil disorder incidents.

    Assaultive ResistanceAggressive or combative behavior which attempts or

    threatens to assault an ocer.

    Booking Teams

    Personnel assigned to custodial processing duties

    during incidents o civil disobedience/civil disorder.

    Chemical Agents

    See Nonlethal Chemical Agents, page 49.

    Civil Disobedience

    An unlawul event involving a planned or spontaneous

    demonstration by a group o people.

    Civil Disorder

    An unlawul event involving signicant disruption o

    the public order.

    Command

    The authority a peace ocer lawully exercises over

    subordinates by virtue o his/her rank and assignment

    or position.

    Compliance Techniques

    Reasonable, lawul use-o-orce methods intended to

    encourage suspect cooperation.

    Compliant Behavior

    Behavior consistent with submitting to lawul orders o

    a peace ocer without resistance.

    Control Devices

    Devices intended to assist peace ocers in gaining

    control o subjects who reuse to submit to lawul

    authority (e.g., batons, electronic control devices,

    restraints, chemical agents, etc.).

    Cordoning

    Surrounding or enclosing a particular problem area;

    also reerred to as perimeter control.

    Critical Facilities

    Any location essential to the well-being and saety o

    the community requiring law enorcement protection

    during a critical incident.

    Crowd

    A number o persons gathered together.

    Crowd Control

    Law enorcement response to a pre-planned or

    spontaneous event, activity, or occurrence that has

    become unlawul or violent and may require arrests

    and/or the dispersal o the crowd.

    Crowd Dynamics

    Factors which inuence crowd behavior.

    Crowd Intervention

    Law enorcement response to a pre-planned or

    spontaneous event, activity, or occurrence to deal

    with isolated unlawul behavior or an impact to public

    saety while allowing the event/activity/occurrence to

    continue.

    Crowd Management

    Encompasses law enorcement management,

    intervention, and control strategies when responding

    to all orms o public assemblies and gatherings. Also

    reers specically to strategies and tactics employed

    beore, during, and ater a gathering or the purpose o

    maintaining the events lawul activities.

    APPENDIX A

    Terms and Defnitions

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    Decontamination

    Procedures taken to reduce the efects o any nonlethal

    chemical agent or bio-hazard exposure.

    Discipline

    Peace ocer behavior that is consistent with

    demonstrating sel-control, teamwork, moderation,

    and restraint.

    Dispersal Order

    Lawul orders communicated by law enorcement

    personnel commanding individuals unlawully

    assembled to disperse.

    Dismounted Tactics

    Non-mobile tactical ormations generally involving

    team, squad, and platoon-sized units.

    Emergency Operations Center (EOC)A location rom which centralized emergency

    management is perormed. EOC acilities are

    established by an agency or jurisdiction to coordinate

    the overall agency or jurisdictional response and

    support to an emergency.

    Essential Elements o Inormation (EEI)

    Critical tactical inormation, obtained rom any source,

    received prior to and/or during an event which is

    considered so essential that without it, meaningul

    planning cannot proceed.

    Flash MobA group o people organized using social media to

    coordinate meeting at a specic location at a specic

    time or entertainment, satire, or, in some cases,

    criminal activity.

    Flashpoint

    Specic location(s) which become the initial source o

    unlawul activity and the origin or ocal point o civil

    disorder.

    Force Options

    Reasonable orce alternatives that may be utilized by

    law enorcement to efect arrest, overcome resistance,and prevent escape.

    Formations

    Coordinated unit tactics utilized by law enorcement

    to control crowds, stop unlawul activity, and disperse

    and/or arrest violators.

    Incident Action Plan (IAP)

    A written document containing general management

    objectives that reect the overall incident strategy and

    specic plans using personnel and resources. Incident

    Action Plans will vary in content and orm dependingupon the kind and size o an incident.

    Incident Command System (ICS)

    The statewide model or eld-level management

    o emergencies mandated by the Standardized

    Emergency Management System (SEMS). ICS is

    specically designed to allow its user(s) to adopt

    an integrated organizational structure equal to the

    complexity and demands o single and multiple

    incidents without being hindered by jurisdictional

    boundaries.

    Incident ObjectivesStatements o guidance and direction necessary or th

    selection o appropriate strategy(s), and the tactical

    use o resources. Incident objectives are based on

    realistic expectations o what can be accomplished

    when allocated resources have been efectively

    deployed. Incident objectives must be achievable and

    measurable, yet exible enough to adjust to strategic

    and tactical alternatives.

    Leadership

    The art and exercise o inuence to obtain willing

    compliance, condence, respect, and loyal cooperatio

    o personnel.

    Less Lethal Impact Munitions

    Projectiles launched or otherwise deployed or

    purposes o overcoming resistance , preventing

    escape, efecting arrest, reducing serious injury and

    may be applied without a signicant likelihood o

    causing death.

    Lie Threatening

    Any action likely to result in serious injury or death o

    an ocer or another person.

    ManagementThe process o planning, organizing, coordinating,

    directing, budgeting, and controlling resources.

    Mobile Arrest and Booking Teams

    Mobile teams designated to assist eld personnel with

    mass arrests and processing.

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    APPENDIX A Terms and Defnitions | 49

    Mobile Field Force

    An organized, mobile law enorcement tactical

    orce equipped and trained to respond to unusual

    occurrences. The mobile eld orce is currently the

    statewide standard conguration known as Mutual AidResponse Mobile Field Force.

    Mobile Tactics

    The ability to rapidly deploy law enorcement

    personnel using vehicles. The vehicles may also be used

    or crowd control and containment.

    Mob

    A disorderly group o people engaged in unlawul

    activity.

    Mounted Tactics

    Crowd control while mounted on horses.

    Non-Compliant Behavior

    Behavior which does not yield to the lawul order

    o a peace ocer but ofers no physical resistance

    (sometimes reerred to as passive resistance).

    Nonlethal Chemical Agents

    Devices utilized by law enorcement agencies which

    may include CS, CN, OC, and HC (smoke).

    Noticed Events

    Public assemblies, demonstrations or crowd events,

    which are planned or in advance and allows or

    prior notice, whether direct or indirect, to law

    enorcement.

    Operations Plan

    A plan describing the tactical deployment o resources

    at an incident or event to meet the objectives o the

    Incident Action Plan.

    Operations Security (OPSEC)

    Methods used to prevent sensitive inormation,

    which may compromise the integrity and saety o a

    law enorcement operation, rom being improperly

    disseminated.

    Pain Compliance

    Stimulation o nerves or the manipulation o joints to

    elicit a sense o unease or distress in a subject, causing

    that subject to comply with lawul directives.

    Passive Resistance

    Reers to intentional and unlawul opposition o a

    lawul order o a peace ocer during arrest situations

    but involves no physical resistance. (See Active

    Resistance).

    Perimeter Control

    See Cordoning, page 47.

    Photographic Teams

    Law enorcement photographers assigned to

    memorialize designated activity involving civil

    disobedience.

    Policy

    Statements o principles and values which guide

    the perormance o a specic agency activity. Policy

    establishes limits o action and reects a statement o

    guiding principles that should be ollowed in order to

    achieve an agencys objective.

    Procedure

    A method o perorming an operation or a manner

    o proceeding on a course o action within the limits

    o policy.

    Public Disruption

    The interruption or disturbance o public order.

    Stakeholder

    Entities having a legal, proessional, economic or

    community interest/responsibility in a public assembl

    or gathering.

    Sectoring

    An overall area o operation and dividing it into sub-

    sections based upon geographical and/or dened

    boundaries.

    Social Media

    Communications o social interaction, using highly

    accessible and scalable devices, including web-based

    and mobile technologies used to promote interactive

    dialogue.

    Spontaneous Events

    Public assemblies, demonstrations or crowd events,

    which occur without prior planning and/or without

    prior notice to law enorcement.

    Standardized Emergency Management System (SEMS)

    A system required by Caliornia Government

    Code or managing response to multi-agency and

    multijurisdictional emergencies in Caliornia. SEMS

    consists o ve organizational levels that are activated

    as necessary: Field Response, Local Government,

    Operational Area, Region and State.

    Tear Gas

    The term used in the Caliornia Penal Code or what la

    enorcement more accurately reers to as nonlethal

    chemical agents.

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    Unifed Command

    In ICS, it is described as a unied team efort, which

    allows all agencies with responsibility or the incident,

    either geographical or unctional, to manage an

    incident by establishing a common set o incidentobjectives and strategies. It maintains agency authority,

    responsibility and accountability.

    Unity o Command

    The concept by which each person within an

    organization reports to one and only one designated

    person.

    Unlawul Assembly

    Penal Code Section 407 denes an unlawul assembly

    as: Whenever two or more persons assemble togethe

    to do an unlawul act, or to do a lawul act in a violent

    boisterous or tumultuous manner, such assembly is anunlawul assembly. Boisterous or tumultuous manne

    has been interpreted by the courts to mean conduct

    which poses a clear and present danger o imminent

    violence.

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    APPENDIX B

    Crowd Management Intervention and Control Strategies

    POST Guidelines Crowd Management, Intervention, and Control

    Situation Law Enforcement Response

    Lawful Assembly

    Free Speech and assembly are protected FirstAmendment activities. :

    Use CrowdManagementstrategies

    Meet with event organizers andstakeholders

    Determine the history and risk o the group

    Create a planning team

    Check permit limitations

    Develop Incident Action Plan and objectives

    Identiy and assign resources

    Monitor and assess crowd behavior

    Separate opposing actions

    Maintain video log

    Provide direction and expectations at roll

    call/brieng

    Engender acilitation, not conrontation

    Interact with organizers and gain their

    cooperation

    Isolated Unlawful Behavior

    Isolated unlawul activity by individuals or

    small groups within a crowd should not

    automatically orm the basis or declaring an

    assembly unlawul. Isolated destruction o property

    Isolated acts o violence

    Isolated rock or bottle throwers

    Individual sit down demonstrators

    Use CrowdIntervention strategies

    Use organizers and monitors to gain

    voluntary compliance

    Isolate, arrest and remove law violators as

    quickly as possible

    Video action o ocers and law violators

    Use amplied sound to communicate intent

    or to gain compliance

    Use low prole tactics when possible. Dont

    become the ocus o the demonstration

    When it is not possible to make an

    immediate arrest, identiy and track

    suspects using cameras, observation posts,

    an air unit or shadow teams Continue to assess; escalate and

    de-escalate as behavior changes

    Dont increase crowd tension or change

    crowd ocus to law enorcement by

    unnecessary aggressive appearance or

    behavior

    Unlawful Assembly

    Assemblies may be dispersed when they are

    violent, or pose a clear and present danger

    o violence, or the group is breaking some

    other law in the process. I a cr ime is occurring,

    action may be taken to stop it pr ior to a

    Dispersal Order being given.

    Per Penal Code 407, two or more persons

    assemble to:

    Commit an unlawul act or

    Commit a lawul act in a boisterous or