Loading...
206 Public Order (Revised 09-05-25) 1 GENERAL ORDER 206 Subject: Public Order Issued: May 03, 2021 Revised: September 05, 2025 I. PURPOSE The First Amendment to the Constitution of the United States of America states, "Congress must make no law respecting an establishment of religion, or prohibiting the free exercise thereof, or abridging the freedom of speech or of the press, or the right of the people peaceably to assemble and to petition the Government for a redress of grievances." The Bill of Rights in Article 1 of the Minnesota Constitution addresses the rights of free speech and the liberty of the press. However, neither the state nor federal constitutions protect criminal activity or threats against citizens, businesses, or critical infrastructure. The Fridley Police Department supports all people's fundamental right to peaceably assemble and their right to freedom of speech and expression. The purpose of this policy is to provide guidelines to the department personnel regarding the application and operation of acceptable law enforcement actions addressing public assemblies and First Amendment Activity. II. POLICY The policy of the department regarding crowd management and crowd control is to apply the appropriate level of direction and control to protect life, property, and vital facilities while maintaining public peace and order during a public assembly or First Amendment Activity. The department will uphold the constitutional rights of free speech and assembly while using the minimum use of physical force and authority required to address a crowd management or crowd control issue. III. REFERENCES Minn. Stat. 609.06 Authorized Use of Force Minn. Stat. 609.066 Authorized Use of Force by Peace Officers Minn. Stat. 609.705 Unlawful Assembly Minn. Stat. 609.71 Riot IV. DEFINITIONS Crowd Control: Techniques used to address unlawful public assemblies, including but not limited to, a display of formidable numbers of police officers, crowd containment, dispersal tactics, and arrest procedures. Control Holds: Control holds are soft empty hand control techniques as they do not involve striking. 2 Crowd Management: Techniques used to manage lawful public assemblies before, during, and after an event for the purpose of maintaining the event's lawful status. Crowd management can be accomplished in part through coordination with event planners and group leaders, permit monitoring, and past event critiques. Deadly Force: Force used by an officer that the officer knows, or reasonably should know, creates a substantial risk of causing death or great bodily harm. The intentional discharge of a firearm in the direction of another person, or at a vehicle which another person is believed to be, constitutes deadly force in accordance with Minn. Stat. 609.06, 609.066, and General Orders 101, Use of Force. Demonstration: A public display of a group's or individual's feeling(s) toward a person(s), idea, cause, etc. and includes, but is not limited to, marches, protests, student walkouts, assemblies, and sit-ins. Such events and activities usually attract a crowd of persons including participants, onlookers, observers, media, and other persons who may disagree with the point of view of the activity. First Amendment Activities: First Amendment activities include all forms of speech and expressive conduct used to convey ideas and/or information, express grievances, or otherwise communicate with others and include both verbal and non-verbal expression. Common First Amendment activities include, but are not limited to, speeches, demonstrations, vigils, picketing, distribution of literature, displaying banners or signs, use of puppets to convey a message, street theater, and other artistic forms of expression. All these activities involve the freedom of speech, association, and assembly and the right to petition the government, as guaranteed by the United States Constitution and the Minnesota State Constitution. The government may impose reasonable restrictions on the time, place, or manner of protected speech, provided the restrictions are justified without reference to the content of the regulated speech, that they are narrowly tailored to serve a significant governmental interest, and that they leave open ample alternative channels for communication of the information. Great Bodily Harm: Bodily injury which creates a high probability of death, or which causes serious, permanent disfigurement, or which causes a permanent or protracted loss or impairment of the function of any bodily member or organ or other serious bodily harm. (Reference: General Orders Use of Force policies; MN Statutes 609.06 and 609. 066). Legal Observers: Individuals, usually representatives of civilian human rights agencies, who attend public demonstrations, protests and other activities. The following may be indicia of a legal observer: Wearing a green National Lawyers’ Guild issued or authorized Legal Observer hat and/or vest (a green NLG hat and/or black vest with green labels) or wearing a blue ACLU issued or authorized legal observer vest. Less-lethal Special Impact Munitions (SIMs): Impact munitions which can be fired, launched, or otherwise propelled for the purpose of encouraging compliance, overcoming resistance or preventing serious injury without posing significant potential of causing death. Media: Media means any person who is an employee, agent, or independent contractor of any newspaper, magazine or other periodical, book publisher, news agency, wire service, radio or television station or network, cable or satellite station or network, or audio or audiovisual production company, or any entity that 3 is in the regular business of news gathering and disseminating news or information to the public by any means, including, but not limited to, print, broadcast, photographic, mechanical, internet, or electronic distribution. For purposes of this policy, the following are indicia of being a member of the media: visual identification as a member of the press, such as by displaying a professional or authorized press pass or wearing a professional or authorized press badge or some distinctive clothing that identifies the wearer as a member of the press. V. PROCEDURES The Fridley Police Department Crowd Control and Management Policy consists of the general principles identified as follows: 1. Planning for Response to Demonstrations & Crowd Events a. When reasonably practical, the Public Safety Director or their designee, must be notified immediately of large or potentially disruptive demonstrations and/or crowd events, and he/she should assign an Incident Commander to manage the incident. b. The Incident Commander or their designee are responsible for the development of a written operations plan. c. The Incident Command System should be used for managing crowds and acts of civil disobedience. d. The department should make every effort to follow the principle of establishing contact and communication with the event or demonstration planners. e. Spontaneous demonstrations or crowd events, which occur without prior planning and/or without prior notice to the police, present less opportunity for department planning and prevention efforts. When reasonably practical, the same policies and regulations concerning crowd management, crowd control, crowd dispersal, and police responses to violence and disorder apply to a spontaneous demonstration or crowd event situation as to a planned demonstration or crowd event. 2. Authority for Deployment of Resources to Address Crowd Containment a. Decisions regarding crowd dispersal, general strategies regarding crowd containment or crowd redirection, multiple simultaneous arrests, planned individual arrests, or planned use of force must be, when reasonably appropriate, made at the level of the Incident Commander or higher. 1. If such decisions are made by the Public Safety Director who is not at the scene, the Incident Commander must, when reasonably appropriate, first be consulted about the state of affairs in the field and the potential consequences of the decision. 2. All such decisions must be documented, when reasonably appropriate, in writing regarding time, the identity of the person making the decision, and the precise decision and directions given. Such documentation must be made at the time of the decision or as soon thereafter as possible and included in an after-action report. b. This directive does not preclude individual supervisors and officers from defending themselves or others from imminent danger when the delay in requesting permission to act would increase the risk of injury. 4 3. Conducting Crowd Management & Control a. When large or potentially disruptive demonstrations and/or crowd events are identified, a sufficient number of resources should be available to make multiple simultaneous arrests where such arrests are a reasonable possibility. However, this need must be balanced against the fact that a large and visible police presence may have a chilling effect on the exercise of free speech rights. Where additional resources are needed, they should be deployed to the greatest extent possible, so they are not readily visible to the crowd. When possible, officers should be at their posts well in advance of arriving participants. b. In general, officers must work together in squads, platoons or teams when policing a demonstration. c. Each officer must display, when reasonably practical, including when they are wearing protective equipment, their agency name and the name of the officer or an assigned identification number on the outside of their uniform or helmet. The identification number or name should be clearly visible at all times. The Public Safety Director or their designee must maintain a record of any officer(s) who are known to be at the scene who is not in compliance with this requirement due to exigent circumstances. The numeric identification for officers will be their badge number “i.e.: 100.” d. Crowd control and crowd dispersal, as well as a show of force in crowd control situations, when reasonably practicable, should be accomplished using the assistance of the Anoka County mutual aid group North Command Mobile Field Force, the Minnesota State Patrol, or mutual aid from surrounding agencies. Request of North Command Mobile Field Force must be made by the Public Safety Director or their designee. e. It is essential to recognize that all members of a crowd of demonstrators are not the same. Even when some members of a crowd engage in violence or destruction of property, other members of the crowd are not participating in those acts. f. Officers must not act or fail to act based on the opinions being expressed. g. Officers shall avoid negative verbal engagement with member of the crowd. Verbal abuse against officers does not constitute a reason for an arrest or for any use of force against such individuals. h. Officers must not interfere with the rights of members of the public to observe and document police conduct via video, photographs, or other methods unless doing so interferes with on-going police activity. i. Officers must maintain professional demeanor and remain neutral in word and deed despite unlawful or anti-social behavior on the part of crowd members. Officers shall not harass, intentionally intimidate, or discriminate against or unreasonably interfere with person engaged in the lawful exercise of their rights. j. Officers must not use weapons or munitions for which they are not trained to use expect for exigent circumstances when deadly force would be justified. 5 k. Strong supervision and command are essential to maintaining unified, measured, and effective police response. A response incorporating strong leadership and based upon teamwork is crucial to maintaining control and safety. Impulsive or independent actions by officers are to be avoided. l. The Incident Commander and supervisors should make every effort to ensure that the police mission is accomplished as efficiently and unobtrusively as possible with the highest regard for the human dignity and liberty of all persons and with minimal reliance on the use of physical force. The use of force must be restricted to circumstances authorized by law and to the degree reasonably necessary in light of the circumstances confronting members. m. This directive does not preclude officers from taking appropriate action to direct crowd and vehicular movement; enforce ordinances and statutes; and employ the physical force necessary to maintain the safety of the crowd, the general public, law enforcement personnel, and emergency personnel. 4. Response to Crowd Situations a. Spontaneous Event or Incident 1. The shift supervisor must respond to the scene of spontaneous events, when reasonably practical, and take command of the incident as the Incident Commander until relieved by a Command Level Officer or designee. 2. The Incident Commander should declare over the police radio that he or she has assumed command of the incident. When reasonably practical, a command post must be established as soon as possible. 3. An immediate assessment of the situation is essential for effective police response. The Incident Commander should ascertain the following information at the earliest possible time: a. The location and type of event. b. Evaluate First Amendment activities to determine lawfulness of the actions by groups and individuals. c. The approximate number of specific individuals engaged in unlawful conduct. d. The likelihood that unlawful behavior will spread to other crowd participants. e. Immediate threats to the safety of the public and/or police officers. f. The number of structure(s) or vehicle(s) involved. g. The size of the involved area. h. The number of additional officers and police resources needed as well as requirements for specialized units. i. The appropriate manner of response (routine or emergency). j. The staging area. k. The location of a media staging area. l. The ingress and egress routes. m. Additional resources needed (paramedic, fire department, outside agencies, etc.). b. Planned Event Involving Potentially Large Crowds a. The Public Safety Director or designee must develop a written operations plan. The Incident Commander of planned events will be responsible for the overall coordination of the event as well as for crowd management and control. Operations plans for large events requiring the 6 redeployment of personnel from regular assignments should be approved by the Public Safety Director. 5. Permissible Crowd Control & Crowd Dispersal Techniques a. In the event of a declared unlawful assembly, it is the general policy of the department to use multiple simultaneous arrests to deal with a non-violent demonstration that fails to disperse and voluntarily submits to arrest as a form of political protest, rather than dispersing the demonstrators by using weapons or force beyond that necessary to make the arrests. b. The Incident Commander must make the final decision as to what control action, if any, will be taken to address a given crowd situation. Crowd size and available resources will also factor into the police response. Incident Commanders must constantly reassess and adjust tactics, as necessary, as the crowd's actions change. The Incident Commander must consider and take reasonable and appropriate steps to ensure the safety of bystanders. 6. Lawful Assembly a. Individuals or groups present on the public way, such as public facilities, streets, or walkways, generally have the right to assemble, rally, demonstrate, protest, or otherwise express their views and opinions through varying forms of communication including the distribution of printed matter. These rights may be limited by laws or ordinances regulating such matters as the obstruction of individual or vehicle access or egress, trespass, noise, picketing, distribution of handbills, leafleting and loitering. b. The government may impose reasonable restrictions on the time, place, or manner of protected speech, provided the restrictions are justified without reference to the content of the regulated speech, that they are narrowly tailored to serve a significant governmental interest, and that they leave open ample alternative channels for communication of the information. 7. When an Unlawful Assembly May be Declared a. The reasons for the declaration of an unlawful assembly and the names of the decision makers must be recorded. b. The definition of an unlawful assembly has been set forth in Minn. Stat. 609.705. The police may not disperse a demonstration or crowd event before demonstrators have acted illegally or before the demonstrators pose a clear and present danger of imminent violence. c. The mere failure to obtain a permit, such as a parade permit or sound permit, is not a sufficient basis to declare an unlawful assembly. There must be criminal activity or a clear and present danger of imminent violence. d. The fact that some of the demonstrators or organizing groups have engaged in violent or unlawful acts on prior occasions or demonstrations is not grounds for declaring an assembly unlawful. e. When reasonably practical, the unlawful behavior of a few participants must not result in the majority of peaceful protestors being deprived of their First Amendment rights, unless other participants or officers are threatened with dangerous circumstances. 7 f. Unless reasonably impractical, an emergency or dangerous circumstances prevent negotiation, crowd dispersal techniques must not be initiated until after attempts have been made through contacts with the police liaisons and demonstration or crowd event leaders to negotiate a resolution of the situation so that the unlawful activity will cease, and the First Amendment activity can continue. g. If after a crowd disperses pursuant to a declaration of unlawful assembly and subsequently participants assemble at a different geographic location where the participants are engaged in non- violent and lawful First Amendment activity, such an assembly cannot be dispersed unless it has been determined that it is an unlawful assembly, and the required official declaration has been adequately given. 8. Declaration of Unlawful Assembly a. Crowd dispersal techniques should not be initiated until officers have made repeated announcements to the crowd, or are aware that repeated announcements have been made, asking members of the crowd to voluntarily disperse, and informing them that, if they do not disperse, they will be subject to arrest. b. These announcements should be made using adequate sound amplification equipment in a manner that will ensure that they are audible over a sufficient area. Announcements should be made from different locations when the demonstration is large and noisy. The dispersal orders should be repeated after commencement of the dispersal operation so that persons not present at the original broadcast will understand that they must leave the area. The announcements must also specify adequate egress or escape routes. Whenever possible, a minimum of two escape/egress routes must be identified and announced. c. It is the responsibility of the on-scene supervisor to ensure that all such announcements are made in such a way that they are clearly audible to the crowd. d. Unless an immediate risk to public safety exists or significant property damage is occurring, sufficient time will be allowed for a crowd to comply with police commands before action is taken. e. Whenever possible, dispersal orders should be given in Spanish and in other languages that are appropriate for the audience. Officers should recognize that not all crowd members may be fluent in the language(s) used in the dispersal order. f. The Incident Commander should ensure that the name of the individual making the dispersal order and the date/time each order was given is recorded. g. Dispersal orders should not be given until officers are in position to support/direct crowd movement. h. Personnel must, when reasonably practical, use the following departmental dispersal order: 1. I am (RANK/NAME), a police officer for the City of (AGENCY). I hereby declare this to be an unlawful assembly due to (CONDUCT/CRIME) and command all those assembled at (LOCATION) to immediately leave. If you do not do so, 8 you may be arrested or subject to other police action, including the use of force which may result in serious injury. The following routes of dispersal are available (ROUTES). You have (XX) minutes to leave. If you refuse to move, you will be arrested.” * *(Provide the chemical warning only if use is anticipated): “If you refuse to move, chemical agents will be used.” 9. Approved Tactics & Weapons to Disperse or Control a Non-Compliant Crowd Nothing in this policy prohibits officers’ abilities to use appropriate force options to defend themselves or others as defined in the General Order 101 Use of Force. a. If negotiations and verbal announcements to disperse do not result in voluntary movement of the crowd, officers may employ additional crowd dispersal tactics, but only after orders from the Incident Commander or designated supervisory officials. The use of these crowd dispersal tactics must be consistent with the department policy of using the minimal police intervention needed to address a crowd management or control issue. Tactics that may be considered, but are not limited to (not in any specific order of use): 1. Display of Officers (forceful presence) a. Once this tactic is selected, officers should be assembled in formation at a location outside the view of the crowd. The formation may be moved as a unit to an area within the crowd's view. This tactic should not be used unless there are sufficient personnel to follow through with dispersal. Do not bluff a crowd. If a display of police officers, motorcycles, and police vehicles, combined with a dispersal order, is not effective, more forceful actions may be employed. b. Generally, officers should be assigned to squads of sufficient size to be effective. 2. Encirclement and Arrest a. If the crowd has failed to disperse after the required announcements, officers may encircle the crowd or a portion of the crowd for purposes of making multiple simultaneous arrests. b. Persons who make it clear (e.g., non-violent civil disobedience) that they seek to be arrested must not subjected to other dispersal techniques, such as the use of batons or chemical agents. Persons refusing to comply with arrest procedures may be subject to the reasonable use of force. c. Arrests of non-violent persons must be, when reasonably practical, accomplished by verbal commands and persuasion, handcuffing, lifting, carrying, the use of dollies and/or stretchers, and/or the use of control holds. d. In the event control holds are necessary, precautions should be taken to assure that arrestees are not injured or subjected to unnecessary or excessive pain. e. Officers must document any injuries reported by an arrestee, and as soon as reasonably practical, officers must obtain professional medical treatment for the arrestee. f. Officers arresting a person with a disability affecting mobility or communication must follow the department policy on arrest, transportation, and detention of persons with disabilities. 3. Formations and Use of Batons a. If a crowd refuses to disperse after the required announcements, the police may use squad or platoon formations or tactics to move the crowd along. 9 b. Batons must not be used for crowd control, crowd containment, or crowd dispersal except as specified below. c. Batons may be visibly displayed and held in a ready position during squad or platoon formations. d. When reasonably necessary for protection of the officers or to disperse individuals in the crowd pursuant to the procedures of this policy, batons may be used in a pushing or jabbing motion. Baton jabs should not be used indiscriminately against a crowd or group of persons but only against individuals who are physically aggressive or actively resisting arrest. Baton jabs should not be used in a crowd control situation against an individual who is physically unable to disperse or move because of the press of the crowd or some other fixed obstacle. e. Batons must only be used as set forth in General Order 101.5, Impact Weapons, and department training. f. Officers must not intentionally strike a person with any baton to the head, neck, throat, kidneys, spine, or groin, or jab with force to the armpit except when the person's conduct is creating an imminent threat of serious bodily injury or death to an officer or any other person. g. Batons must not be used against a person who is handcuffed except when permissible under the department’s Use of Force policy, and state law. 4. Chemical Munitions a. Chemical munitions may only be used in crowd management, crowd control, or crowd dispersals during demonstrations or crowd events when: • A threat of imminent harm or serious property damage is present, or • Other crowd dispersal techniques have failed or did not accomplish the policing goal as determined by the Incident Commander, and • Sufficient egress to safely allow the crowd to disperse exists, and • The use of chemical munitions is approved by the on-scene supervisor or the Incident Commander. b. When feasible, additional announcements should be made prior to the use of chemical munitions in a crowd situation, warning of the imminent use of chemical munitions. c. When reasonably practical, deployment of munitions into a crowd must be avoided to prevent unnecessary injuries. d. CN chemical munitions are prohibited. e. The use of each chemical munition must be recorded (time, location), and the following information must be made available by the department on request: • The name of each chemical munition used in an incident, • The location and time of use for each munition deployment, • Access to the safety data sheet (SDS) for chemical munition. f. Where extensive use of chemical munitions would reasonably be anticipated to impact nearby residents or businesses, and when reasonably practical, agencies should consider proactively notifying impacted individuals of safety information related to the munitions use as soon as possible, even if after the event. g. When chemical munitions are used, and when reasonably practical and feasible, an emergency responder must be on standby at a safe distance near the target area. h. Chemical munitions are subject to the same procedural requirements as outlined in the General Order 101, Use of Force and the Special Weapons and Munitions policies. 10 10. Weapons Prohibited for Crowd Control & Crowd Dispersal Purposes a. Lethal Force 1. The use of lethal force by officers is governed by the department's Use of Force Policy. Nothing about a crowd control situation eliminates or changes any of the constraints and criteria governing the use of lethal force in the department's Use of Force policy. b. Canines 1. Canines must not be used for crowd control, crowd containment, or crowd dispersal. c. Fire Hoses 1. Fire hoses must not be used for crowd control, crowd containment, or crowd dispersal. d. Motorcycles 1. The technique referred to as the Basic Use of Motorcycle Push Technique (B.U.M.P.) is prohibited. Motorcycles and police vehicles may not be used for crowd dispersal, but may be used for purposes of observation, visible deterrence, traffic control, transportation, and area control during a crowd event. e. Specialty Impact Less-Lethal Weapons 1. Skip Fired Specialty Impact Less-Lethal Munitions (Wooden Dowels and Stinger Grenades) may be used as a last resort if other crowd dispersal techniques have failed or have been deemed ineffective or when deadly force would be justified. 2. Direct Fired SIMs are less-lethal specialty impact weapons that are designed to be direct fired at a specific target, including but not limited to flexible batons ("bean bags"). Direct Fired SIMs must not be used for crowd management, crowd control or crowd dispersal during demonstrations or crowd events. Direct Fired SIMs may never be used indiscriminately against a crowd or group of persons even if some members of the crowd or group are violent or disruptive. 3. Direct Fired SIMs may be used against a specific individual who is engaging in conduct that poses an immediate threat of loss of life or serious bodily injury to himself or herself, officers, or the general public, or who is engaging in substantial destruction of property which creates an imminent risk to the lives or safety of other persons. 4. Except for exigent circumstances, officers must only deploy Direct Fired SIMs during a demonstration or crowd event under the direction of a supervisor. 5. When circumstances permit, the supervisor on the scene must make an attempt to accomplish the policing goal without the use of Direct Fired SIMs as described above, and, if practical, an audible warning must be given to the subject before deployment of the weapon. 6. When appropriate, any person struck by a Direct Fired SIMs be transported to a medical facility for examination or treatment. Ambulance service, if required, must be ordered. 7. Only trained officers may use Direct Fired SIMs. 8. Officers must not intentionally discharge a Direct Fired SIMs at a person's head, neck, throat, face, left armpit, spine, kidneys, or groin unless deadly force would be justified. 11 f. Electronic Control Weapons (ECWs) 1. ECWs such as tasers or stun guns, must not be used for crowd management, crowd control, or crowd dispersal during demonstrations or crowd events. g. Aerosol Hand-Held Chemical Agents 1. Aerosol, hand-held, pressurized, containerized chemical agents that emit a stream must not be used for crowd management, crowd control, or crowd dispersal during demonstrations or crowd events. Aerosol hand-held chemical agents may not be used indiscriminately against a crowd or group of persons, but only against specific individuals who are engaged in specific acts of serious unlawful conduct or who are actively resisting arrest. 2. Officers must use the minimum amount of the chemical agent necessary to overcome the subject's resistance. 3. Aerosol chemical agents must not be used in a demonstration or crowd situation or other civil disorders without the approval of a supervisor. 4. When reasonably practical, persons should be removed quickly from any area where hand-held chemical agents have been used. Officers must monitor the subject and pay particular attention to the subject's ability to breathe following the application of chemical agent. 5. A subject who has been sprayed with hand-held chemical agents must not be left lying on his/her stomach once handcuffed or restrained with any other device. 11. Chemical Munitions a. Chemical munitions may only be used in crowd management, crowd control, or crowd dispersals during demonstrations or crowd events when: 1. A threat of imminent harm or serious property damage is present, or 2. Other crowd dispersal techniques have failed or did not accomplish the policing goal as determined by the Incident Commander, and 3. Sufficient egress to safely allow the crowd to disperse exists, and 4. The use of chemical munitions is approved by the on-scene supervisor or the Incident Commander. b. When feasible, additional announcements should be made prior to the use of chemical munitions in a crowd situation, warning of the imminent use of chemical munitions. c. When reasonably practical, deployment of munitions into a crowd must be avoided to prevent unnecessary injuries. d. CN chemical munitions are prohibited. e. The use of each chemical munition must be recorded (time, location), and the following information must be made available by the department on request: 1. the name of each chemical munition used in an incident, 2. the location and time of use for each munition deployment, 3. access to the safety data sheet (SDS) for chemical munition. f. Where extensive use of chemical munitions would reasonably be anticipated to impact nearby residents or businesses, and when reasonably practical, agencies should consider proactively notifying impacted individuals of safety information related to the munitions use as soon as possible, even if after the event. g. When chemical munitions are used, and when reasonably practical and feasible, an emergency responder must be on standby at a safe distance near the target area. 12 h. Chemical munitions are subject to the same procedural requirements as outlined in the General Order 101, Use of Force and the Special Weapons and Munitions policies. 12. Arrests a. Multiple Simultaneous Arrests 1. When a large-scale event involving possible arrests is to be conducted, department planners will estimate the number of potential arrestees and will configure arrest teams capable of managing multiple arrests safely. 2. When arrests are necessary, the Incident Commander must attempt to ensure that enough police officers are present to effect arrests. This tactic can be effective in dispersing the remaining crowd members wanting to avoid arrest. 3. When multiple arrests are contemplated in advance and it is impracticable for arrestees to be cited at the scene as further discussed below, pre-arrangement of transportation should be made. 4. The Incident Commander must make the decisions to engage in selective individual arrests or multiple simultaneous arrests as a crowd control technique with consideration given to the following factors: a. The likelihood that police action will improve the situation relative to taking no action. b. The seriousness of the offense(s) as opposed to the potential for the arrest to escalate violence or unlawful activity by crowd members. c. Whether individual or mass arrests will be more effective in ending the criminal activity at issue. d. Whether clear and secure escape routes have been established for the crowd and police. e. Whether communication has been established with crowd representatives. f. What contingency plans are available. g. What types of force can be used in effecting the arrests, if necessary. h. Although dealing with passive resistance may frustrate officers, civil disobedience is usually a nonviolent means of making a political statement, and officers must remain neutral, non- antagonistic, and professional at all times in their response. b. Use of Handcuffs 1. All persons subject to arrest during a demonstration or crowd event must be handcuffed in accordance with department policy, orders, and training bulletins. 2. Officers should be cognizant that flex-cuffs may tighten when arrestees’ hands swell or move, sometimes simply in response to pain from the cuffs themselves. When arrestees complain of pain from overly tight flex cuffs, officers must examine the cuffs to ensure proper fit when reasonably practical. 3. When reasonably practical, arrestees in flex-cuffs must be monitored to prevent injury. 4. Each unit involved in detention and/or transportation of arrestees with flex-cuffs should have a flex-cuff cutter and adequate supplies of extra flex-cuffs readily available. c. Arrests of Juveniles 1. Juveniles arrested in demonstrations must be handled consistent with department policy on arrest, transportation, and detention of juveniles. 13 13. Documentation a. Video and Photographic Recording 1. The purpose of any visual documentation by the department of a public assembly or First Amendment activity must be related to: a. Documentation of the event for the purposes of debriefing, or b. Documentation to establish a visual record for the purposes of responding to citizen complaints, or c. For legal challenges, or d. Creating visual records for training purposes. 2. It is the policy of the department to videotape and photograph in a manner that minimizes interference with people lawfully participating in First Amendment activities. Videotaping and photographing of First Amendment activities must take place only when authorized by the Incident Commander or other supervisory officer. 3. Individuals should not be singled out for photographing or recording simply because they appear to be leaders, organizers, or speakers. 4. Unless they provide evidence of criminal activity, videos or photographs of demonstrations must not be disseminated to other government agencies, including federal, state, and local law enforcement agencies. If videos or photographs are disseminated or shared with another law enforcement agency, a record should be created and maintained noting the date and recipient of the information. 5. If there are no pending criminal prosecutions arising from the demonstration or if the video recording or photographing is not relevant to an Internal Affairs or citizen complaint investigation or proceedings or to civil litigation arising from police conduct at the demonstration, the video recording and/or photographs must be destroyed in accordance with department policies. 6. This directive must not prohibit department members from using these videos or footage from such videos as part of training materials for officers in crowd control and crowd dispersal techniques and procedures. The destruction of any such videos or photographs must be documented in writing regarding the date of the destruction and the identity of the person who carried it out. 14. Reporting a. The Incident Commander must ensure that the Public Safety Director is notified of the incident in a timely manner. b. Officers involved in demonstrations or crowd events must prepare reports as required by department policy or procedure. 15. Public Information, Media & Legal Observers a. The media, legal observers, crowd monitors, police liaison, and/or organizers must never be targeted for dispersal or enforcement action because of their status. b. Media 1. The media have a First Amendment right to cover public activity, including the right to record the event on video or film, livestream, or photograph, or use other mediums. 14 2. Officers must accommodate the media in accordance with department policy. 3. The media must not be restricted to an identified area and must be permitted to observe and must be permitted close enough access to view the crowd events and arrests. 4. Officers will not arrest members of the media unless they are physically obstructing lawful efforts to disperse the crowd, or efforts to arrest participants, or engaged in criminal activity. 5. Even after a dispersal order has been given, clearly identified media must be permitted to carry out their professional duties in any area where arrests are being made unless their presence would unduly interfere with the enforcement action. c. Legal Observers 1. Legal observers, including self-identified legal observers and crowd monitors, do not have the same legal status as the media and are, therefore, subject to all laws and orders similar to any other person or citizen. Said personnel must comply with all dispersal orders similar to any other person or citizen. A supervisor may allow a person who self-identifies as a legal observer or crowd monitor to remain in an area after a dispersal order if circumstances permit and if the person's presence would not unduly interfere with the enforcement action. 16. Training a. This policy is to be reviewed annually. b. All officers must receive training consistent with department policies and procedures. c. No officers must use less-lethal weapons unless they have received the training required by department policies.