3.535 Protests: Peaceful Demonstrations, Civil Disobedience, and Riots

Question 1

It is the policy of this department to protect ________, ____________, and ___________ while providing the best in public safety and service. This includes those individuals exercising their First Amendment right to peacefully assemble. Under the U.S. Constitution, persons and groups have a right to organize and participate in First Amendment assemblies on sidewalks, in parks, or other public ways near the object of their protest so they may be seen and heard. The Las Vegas Metropolitan Police Department (LVMPD) safeguards these rights and will provide guidance to assist in safely exercising them

Answer 1

People, their property and rights.

Question 2

Under federal, state, and local law, are governments allowed to place reasonable time, place, and manner restrictions on freedom of speech?

Answer 2

Yes.

Question 3

True or False

It is neither the intention nor the desire of the department to suppress or restrain lawful activity. First Amendment rights do not safeguard violations of established laws, advocating imminent violence, endangering or physically harassing people, rioting, looting, blocking the entrance to a building, or assembling on private property without the consent of the owner. Under federal, state, and local law, governments are allowed to place reasonable time, place, and manner restrictions on the freedom of speech. Reasonable restrictions may be applied only as necessary to maintain public safety and order and to facilitate uninhibited commerce and freedom of movement.

Answer 3

True

Question 4

First amendment rights do not safeguard violations of established laws, advocating imminent violence, endangering or physically harassing people, rioting, looting, blocking the entrance to to a building, or assembling on private property without the consent of the owner.

True or false?

Answer 4

True

Question 5

LVMPD personnel are encouraged to include __________________ in the planning and response to demonstrations.

Answer 5

Community members

Question 6

An activity involving large numbers of people that requires a permit or is planned and publicized beforehand, including parades, marches, rallies, concerts, religious gatherings, parties, community activities, sporting events, labor disputes and peaceful demonstrations.

Answer 6

Anticipated event

Question 7

An unanticipated or unannounced public gathering where the Department did not receive prior notice or have time to preplan a response to address public safety concerns.

Answer 7

Unplanned or spontaneous event

Question 8

A safety zone created by officers which renders the area safe.

Answer 8

Buffer zone

Question 9

Techniques used to address crowds, including display of police officers, containment, travel lane closures, buffer zones, mobile field force tactics, dispersal tactics, and arrest procedures.

Answer 9

Crowd management

Question 10

A verbal announcement given to the crowd to inform them of the law they are violating and the consequences for such violation.

Answer 10

Dispersal order

Question 11

The process of safely removing protestors from protester devices intentionally used to obstruct the law. This process is completed by utilizing techniques and specialized training by the Homeland Security Saturation Team.

Answer 11

Field force extraction (FFE)

Question 12

A large element of police officers specially organized to implement and apply crowd management techniques during protests through presence, maneuver, and enforcement.

Answer 12

Mobile field force

Question 13

A form of dissent, varying in degrees of action or disruption, identified as:

1. Peaceful Demonstration
2. Civil Disobedience
3. Riot

Answer 13

Protest

Question 14

A lawful public expression of objection, disapproval, or dissent toward an idea or action.

Answer 14

Peaceful demonstration

Question 15

Nonviolent protest where there is an intentional breach of the law

Answer 15

Civil disobedience

Question 16

An assembly that constitutes a clear and present danger of violent or unlawful acts, including, civil unrest, destruction of property, arson, looting, or when another immediate threat to public safety, peace or order appears.

Answer 16

Riot

Question 17

A device (e.g., bicycle locks, chains, tripods or sleeping dragons) that physically or mechanically connects a person or animal to a stationary object in violation of the law. These devices are used to create confusion, delay law enforcement response, and tax public safety resources.

Answer 17

Protestor device

Question 18

A team of officers who are a primary Departmental asset to rapidly respond to a protest. These officers are well-rehearsed in crowd management techniques and have the training, tools, and skills to safely extricate an individual from protestor devices.

Answer 18

Homeland security saturation team (HSST)

Question 19

The Department’s response to protests will emphasize the concept of de-escalation where the department’s intent is to slow down and stabilize any conflict as safely as possible by reducing danger through the use of _________, ___________, and ____________.

Answer 19

verbal persuasion, tactics and resources.

Question 20

The department will ensure that tactics and resources are properly and proportionately balanced against activities observed or anticipated, understanding the current situation may be evolving. What additional factors will also be considered in determine the Department’s response?

Answer 20

Crowd size, time of day, and location

Question 21

Ideally, police action in peaceful demonstrations will be _________, and the department’s primary role will be to assist in the safe movement of the crowd. In many circumstances, officers will be staged out of view of protesters, and the protest will only be monitored. In other circumstances, officers will be visible, present, and placed at critical locations to keep the peace, help with traffic control issues, and enforce violations of the law.

Answer 21

Minimal

Question 22

When it is necessary to implement crowd management measures or take enforcement action in a protest, it should be an organized and well-communicated effort involving who?

Answer 22

Multiple officers and supervisory oversight.

Question 23

Department supervisors are responsible for communicating with who during protests?

Answer 23

Protest organizers or leaders
Professional members of the media
Legal observers

Question 24

Officers will maintain a _________________ attitude to all parties involved in a protest and avoid expressing any personal opinion concerning the protest

Answer 24

Fair and professional

Question 25

To maintain impartiality, officers will avoid ____________ with parties involved in the protest. At any protest location, the involved parties may have food and beverage available for their personnel; officers will not accept food, beverage, or any gratuity from any persons. In labor disputes, officers should not enter the property where a protest is occurring, except for official business.

Answer 25

Fraternizing

Question 26

Officers will refrain from personal cell phone usage and will neither take ________________ of the protest nor pose with protesters

Answer 26

Photographs

Question 27

Officers issued a body worn camera (BWC) will ensure they are utilized to document police actions at a protest. If possible, officers who do not have an issued BWC will not deploy in a forward location where interaction with involved parties in the protest is likely. Officers who do not have an issued BWC will be ____________________________ who is equipped with a BWC.

Answer 27

Assigned with another officer

Question 28

Officers and supervisors will be properly equipped, including department-issued protective gear such as helmets with the attached face shield, gas masks, and carriers. Officers assigned to a traffic control task will wear a reflective vest and utilize a flashlight, when necessary. Additional equipment needs (e.g., flex cuffs or fire extinguishers) will be managed by ________________.

Answer 28

A supervisor

Question 29

For an anticipated event, who is responsible for acting as the liaison with LVMPD and event organizers who are planning a protest?

Answer 29

The affected patrol bureau and the Support Operations Bureau captains

Question 30

Unplanned or spontaneous event/protest initial assessment

Answer 30

1. Location
2. Number of participants
3. Apparent purpose of event
4. Identity of event organizers
5. Any initial indicators of unlawful or disruptive activity
6. Presence of counter-protestors

Question 31

The initial assessment of an unplanned or spontaneous protest will be promptly communicated through dispatch, and a supervisor will be assigned to the call. If it requires continuous oversight, what will the supervisor do?

Answer 31

The supervisor will assign themselves IC

Question 32

The IC on a spontaneous or unplanned protest will assess what?

Answer 32

1. Any evolving threats to public safety
2. Protection and preservation of citizens’ civil rights
3. Unlawful actions or violations of laws or ordinances, if any, of protestors
4. Movement of vehicular traffic and pedestrian safety concerns
5. Impact of protest on business and commerce
6. Level of communication/cooperation with event organizers, legal observers, and professional members of the media
7. Anticipated duration of the event
8. Positioning of officers and crowd management tactics, including the need to designate units for overwatch
9. Need for the authorization of protective gear
10. Need for additional units or resources (e.g., in the box squads, traffic, EM, SWAT)
11. Need for a scribe to record operational decisions and actions (including logging UOF)
12. Need to video record protest activities (Either BWC or handheld)
13. Need for medical to stage
14. Environmental factors (weather, street conditions, etc)

Question 33

At minimum, the __________________ will be made aware of the protest that requires continuous oversight. Dispatch will make appropriate notifications and requests for additional resources relayed by the IC. As circumstances warrant, the IC will provide periodic updates through the chain of command, relaying information to senior command staff regarding the event.

Answer 33

Area command captain

Question 34

A loudspeaker or public address system should be used to increase the likelihood that all crowd members can hear police commands. Police personnel will not enter an obviously hostile crowd solely for the purpose of communication. When possible, clear instructions and advisements will be communicated to the crowd and protest organizers in an effort to seek voluntary compliance for adherence to relevant public safety concerns. An effort should be made to provide instructions to the crowd from different vantage points, locations, or angles. The IC and supervisors are responsible to ensure that all orders given to a crowd are ____________, __________, and ____________ for the circumstances.

Answer 34

Consistent, lawful, and appropriate

Question 35

When confronting a dangerous crowd or a situation where public safety has been compromised, the department will declare it an unlawful assembly and attempt to provide orders to disperse at least ______ times, giving demonstrators ample time to leave the area. Unless there is an immediate risk to public safety or significant property damage is occurring, reasonable time will be allowed for a crowd to comply with commands before enforcement action is taken.

Answer 35

Three

Question 36

Riots, orders to disperse - If there is an immediate threat of physical harm or death to a person, then ___ order to disperse must be provided.

Answer 36

No

Question 37

If a threat or harm needs to be immediately addressed, how many orders for dispersal will suffice?

Answer 37

One

Question 38

The determination to give the order to disperse is the responsibility of the IC upon consultation with the ____________. Isolated, nonviolent, unlawful activity by individuals should not automatically form the basis to declare an assembly unlawful; those acts should be addressed independently.

Answer 38

On-scene lieutenant

Question 39

Protesters should be given guidance and continued direction regarding how to disperse. The order to disperse will be logged by the IC and the Communications Bureau channel dispatcher. The IC should attempt to document and record the dispersal order announcement on BWC to include the __________, _____________, and ________________.

Answer 39

Time, location, and officer issuing the order

Question 40

Members of the press and/or legal observers perform an important function in a free society and have a constitutional right, provided they are not interfering with police operations or violating a law, to report on a newsworthy event; the department respects this right. Once an order to disperse is announced, professional members of the media or legal observers must witness the event from ______________________ that does not interfere with police operations. Officers should attempt to give direction and warnings to professional members of the media and legal observers (or their liaisons or organizers) prior to making detentions, arrests, or issuing citations. The failure to comply with a lawful order to disperse can transform otherwise legal conduct into a violation of the law.

Answer 40

A distance outside the area of the dispersal order

Question 41

Arrests during a protest will be made to address clear violations of laws or ordinances, coupled with the need to mitigate threats to public safety and to defuse a potential riot. Violent or felony crimes will require urgent or immediate response. Persons with a prohibited weapon or in possession of items prohibited at a protest (e.g., improvised weapon, filled balloon, stick, baseball bat, PVC pipe, brick, glass bottle, shield, etc.) will be either advised, cited, or arrested. When enforcement action is warranted in protests, ______________ are preferred over mass arrests.

Answer 41

Selective arrests

Question 42

Who will authorize arrests on the scene of a protest?

Answer 42

The on scene lieutenant, and time permitting, will coordinate with the IC

The IC will be made aware of all arrests

Question 43

In making an arrest, at a protest, supervisors will:

Answer 43

1. Consider timing, location and method of the arrest and resources available
2. If circumstances allow, assemble an arrest team consisting of a supervisor and multiple officers
3. Not interfere or arrest professional members of the media or legal observers performing their respective functions, so long as they are performed in a safe and legal manner.

Question 44

For documenting an arrest at a protest, the arresting officer will:

Answer 44

1. Make certain that their P#, location, and time of arrest have been communicated to any unit that is assisting in the booking process at the time the arrestee is transferred to another officer’s care.
2. Ensure individualized probable cause for the arrest and the elements of a crime for each arrestee are clearly articulated in the DOAR.
3. Citations and Class II citations should be evaluated as options to bookings for some misdemeanor offenses (Per LVMPD 4.136, Misdemeanor Citation and/or Arrest, supervisor approval is required for arrests).
4. For felony arrests (or other unusual reporting circumstances), the arresting officer will generate a separate event number from the protest to ensure that BWC and other reports are easily connected to that specific arrest.

Question 45

Protests - For felony arrests (or other unusual reporting circumstances), the arresting officer will generate a __________________ from the protest to ensure that BWC and other reports are easily connected to that specific arrest.

Answer 45

Separate event number

Question 46

At a protest, are individual officers precluded from making arrests when there is a clear violation of the law and the arrest will diffuse the situation?

Answer 46

No, they can make the arrest

Question 47

The department strictly manages use of force during protests. LVMPD’s Use of Force policy and its reporting procedures do not change during periods of protest. Uses of force occurring during enforcement actions will be documented and the ______ will be notified as soon as practical. Officers should generate separate event numbers from the overall protest event for reporting a use of force.

Answer 47

IC

Question 48

In circumstances where ________ uses multiple applications of force, __________ will create a new event number to report incidences against several subjects or a hostile crowd that have occurred within close proximity and time.

Answer 48

SWAT

SWAT

Question 49

If a professional member of the media, or a legal observer, is arrested, who must be notified as soon as possible?

Answer 49

The IC

Question 50

Arrests during a protest, the IC will be responsible for what?

Answer 50

1. Coordinate and direct the process for the booking of an arrestee and their prisoner transport with DSD personnel to ensure it is completed an efficient and timely manner.
2. Assign additional officers to assist in the booking process if needed and verify all required documentation for arrests has been completed and collected.
3. Request PT vehicles to assist is mass arrests occur.

Question 51

At the direction of the IC, when a threat of harm exists and orders to disperse have been given, when can aerosol irritants be used during a protest?

Answer 51

Individuals pose a threat of harm to officers or another person; actively attempting to loot, ransack, or destroy; or attempting to takeover or commander property where there is a threat to public safety.

A clear warning must be given and avenues of egress available to the crowd.

Question 52

Use of force during a protest - The use of force and the application of force tools will not be ____________; aerosol irritants deployed pursuant to a dispersal order are an exception. Kinetic energy projectiles (projectile weapons and SWAT
specialized tools) will not be used in a manner that intentionally targets the head, pelvis, spine, or any other vital area of the body of person unless the person poses an immediate threat of physical harm or death to the officer or others.

Answer 52

Indiscriminate

Question 53

Use of force during a protest - Deployment of aerosol irritants will only be used at the direction of the IC, and only after clear warning has been given and when avenues of egress are available to the crowd. Whenever possible, aerosol irritants should be used upwind and relatively close to targeted subject(s). Due to the volume of agent dispersed, officers will assess the effect that ______________ has on subjects in the vicinity.

Answer 53

High-capacity OC spray

Question 54

Use of force during a protest - In situations where aerosol irritants have been used to disperse the crowd, any
subsequent use of force or an application of a force tool must be used in compliance with LVMPD 3.110, Use of Force, and will be articulated separately from the dispersal. Force will not be used on compliant subjects or on non-threatening people who are attempting to disperse or unable to move. Officers will only target individuals who _____________.

Answer 54

Pose a threat

Question 55

During a protest where demonstrators have intentionally utilized a device that physically or mechanically connects a person or animal to a stationary object, officers will initially use de-escalation efforts, such as verbal persuasion, warnings, and dispersal orders, as alternatives to extrication or reasonable uses of force. When subjects refuse to release themselves from these protester devices, each individual protester will be advised they are_____________ and given an additional chance to comply before force is used to remove the
devices.

Answer 55

Under arrest

Question 56

For field force extractions, whose responsibility is it to contact the HSST?

Answer 56

The IC

The HSST supervisor will give tactical options for extrication of locked protester(s) to resolve the incident.

Question 57

Protest: field force extractions - Officer will:

Answer 57

1. Confirm protesters are locked in devices.
2. Make contact with the locked protesters, gather information (protester’s cause, organizer/spokesperson) and relay to Dispatch.
3. Contact Special Investigations Section (SIS) if the protest is determined to be related to an organized labor union.
4. Assess unlawful acts and evaluate police response.
   a. Determine laws or criminal offenses that are being violated (e.g., person in a roadway or trespassing).

Question 58

For field force extractions, once officers confirm protestors are locked in a device, if it is determined the protest is related to an organized labor union, who must be contacted?

Answer 58

Special Investigations Section (SIS)

Question 59

Protest: field force extractions - IC will

Answer 59

1. Establish ICS.
2. Arrive at scene, determine if a criminal offense has occurred, and assess the need to have protesters immediately removed from the area.
   a. Request the locked protesters to release themselves and disperse. If they refuse, issue the dispersal order.
   b. If protesters still refuse to release and disperse, request the HSST through Dispatch.
3. Direct officers to create and maintain a buffer zone, ensuring inbound foot and vehicle traffic is diverted.
4. Designate an arrest team to take custodial arrest and complete booking of protesters once released from their devices by HSST (consider notification to DSD if multiple arrests).

Question 60

Protest: field force extractions - Unit supervisors will ensure all reports are completed and send copies to the ________________ who will submit the after- action report.

Answer 60

HSST supervisor