3.535 Protests: Peaceful Demostrations, Civil Disobedience, and Riots

Question 1

What is the overall policy of “3.535 - Protests: Peaceful Demonstrations, Civil Disobedience and Riots”?

Answer 1

“It is the policy of this department to protect people, their property and rights while providing the best in public safety and service. This includes those individuals exercising their First Amendment right to peaceably 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 hear.”

Question 2

“Under federal, state and local law, governments are allowed to place reasonable time, place and manner restrictions on…”

Answer 2

“…the freedom of speech.”

Question 3

What are the three (3) forms of protest?

Answer 3

1. Peaceful demonstration
2. Civil disobedience
3. Riots

Question 4

“A safety zone maintained by officers which creates distance and space between opposing groups.”

Answer 4

Buffer Zone

Question 5

“Ideally, police action in peaceful demonstration will be minimal and the department’s primary role will be to…”

Answer 5

“…assist in the safe movement of the crowd.”

Question 6

During a protest, officers will give their name and P# if asked. True or False?

Answer 6

TRUE

Question 7

Per policy, which (2) department members are responsible for acting as the liaison with LVMPD and event organizers who are planning a protest?

Answer 7

“The affected Patrol Bureau and the Support Operations Bureau Captains”

Question 8

When completing an IAP for a protest, which template will be used?

Answer 8

The IAP template maintained by the Events Planning Section

Question 9

During a protest, the responding supervisor will assign themselves as the incident commander (IC), when…”

Answer 9

“…the event requires continuous oversight or monitoring by a supervisor.”

Note: At minimum, the area command captain will be made aware of the protest that requires continuous oversight.

Question 10

During a protest, who is responsible for authorizing a dispersal order? Who is responsible for giving the order?

Answer 10

1. The on-scene lieutenant is responsible for authorizing the order
2. The incident commander is responsible for giving the order

Question 11

“When confronting a dangerous crowd or a situation where public safety has been compromised, the department will declare it an unlawful assembly. After creating an avenue of escape and given authorization to announce a dispersal order, how many times will the order be given?

Answer 11

1. If there is NO immediate threat to a person or property, at least (3) orders must be provided.
2. If there is an immediate threat to property, only (1) order must be provided.
3. If there is an immediate threat to a person, no (0) order must be provided.

Note: “Immediate threat” means immediate threat of physical harm or death.

Question 12

During a protest, who must authorize an arrest?

Answer 12

The on-scene lieutenant

Question 13

During a protest, if a professional member of the media or legal observer is arrested, who must be notified?

Answer 13

The incident commander (IC) must be notified, as soon as possible.

Question 14

During a protest, who must be notified when a use of force occurs?

Answer 14

“Uses of force occurring during enforcement actions will be documented and the IC will be notified as soon as practical.”

Question 15

During a protest, under what two circumstances will officers generate a separate event number?

Answer 15

1. Felony Arrests

2. Uses of Force

Question 16

During a protest, who must authorize the deployment and use of aerosol irritants (i.e. OC spray)?

Answer 16

The Incident Commander

Question 17

“When subjects refuse to release themselves from…protester devices, each individual protester will be advised…”

Answer 17

“…they are under arrest and given an additional chance to comply before force is used to remove the devices.”

Question 18

For Field Force Extrications, who is responsible for requesting HSST?

Answer 18

The Incident Commander (IC)

Question 19

When responding to a protest where protesters are locked in protester devices, what is the first task of the first arriving officer?

Answer 19

Confirm protesters are locked in devices.

Question 20

After officers have confirmed that protesters have locked themselves in a device, what are the responsibilities of the responding supervisor?

Answer 20

1. Establish an Incident Command System (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 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.

Question 21

On a Field Force Extrication, where HSST responds, who completes the After-Action Report?

Answer 21

HSST

Question 22

What is the overall policy in regards to Protests?

Answer 22

It is the policy of this department to protect people, their property, and rights while providing the best in public safety and service. This is to include those individuals exercising their First Amendment right to peaceably assemble. 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.

Question 23

What tool does the department utilize for a response to protests?

Answer 23

The department utilizes the Incident Command Structure (ICS) as a standard tool for command and control, response coordination, and overall management of complex incidents, planned events, or emergencies (for further guidelines and tasks, see LVMPD 3.500, Major Incident and All Hazard Plan). ICS will be implemented in LVMPDs response to protests.

Question 24

What are some general rules for supervisors in regards to protests?

Answer 24

Department supervisors are responsible for attempting communication with protest organizers or leaders.

Department supervisors will attempt to communicate with professional members of the media and legal observers (or their liaison).

Officers and supervisors will be properly equipped, including department-issued protective gear such as helmets with the attached face shield, gas masks, and carriers (see LVMPD 8.500, Appearance Standards)

Question 25

What is the response of a supervisor for an Unplanned or Spontaneous Event?

Answer 25

The initial assessment will be promptly communicated through Dispatch, and a supervisor will be assigned to the call.

If the event requires continuous oversight or monitoring by a supervisor, the supervisor will assign themselves as the incident commander (IC). Upon responding to a protest, the supervisor or IC will evaluate the current and evolving conditions. in addition to the conditions noted by the first-responding officer(s), the supervisor or IC will assess:

1. Any evolving threat to public safety.
2. Protection and preservation of citizens’ civil rights.
3. Unlawful actions or violations of laws or ordinances, if any, of protesters.
4. Movement of vehicular traffic and pedestrian safety concerns.
5. Impact of protest on business and commerce.
6. Level of communication and 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 police protective gear.
10. Need for additional units or resources (e.g., in-the-box squads, Traffic, Emergency Management, SWAT)
11. Need for a scribe to record operational decisions and actions (including logging use of force by officers).
12. Need to video record protest activities (either by BWCs or handheld recorder).
13. Necessity for medical assistance to be staged nearby.
14. Environmental factors (e.g., weather and street conditions).

At minimum, the area command captain will be made aware of the protest which requires continuous oversight.

Question 26

What should supervisors use for communicating with the public during a protest?

Answer 26

A loudspeaker or public address system should be used to increase the likelihood all crowd members can hear police instructions. The IC and supervisors are responsible to ensure all orders given to a crowd are consistent, lawful, and appropriate for the circumstances.