7-805 - Crowd Management

1. The First Amendment to the Constitution of the United States of America states, "Congress shall 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."
2. 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.
3. The Minneapolis Police Department supports all people's fundamental right to peaceably assemble and their right to freedom of speech and expression.
4. The purpose of this policy is to provide guidelines to MPD employees regarding the application and operation of law enforcement actions during public assemblies and First Amendment Activity.

Facilitating Exercise of Rights

1. MPD employees shall not unlawfully interfere with people engaged in the lawful exercise of their rights.

2. The MPD will uphold the constitutional rights of free speech and assembly while using the minimum amount of physical force and authority required to address a crowd management or crowd control issue.
3. The policy of the MPD 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.

Policy Application

This policy concerning crowd management, crowd control, crowd dispersal, and police responses to violence and disorder applies to:

• Spontaneous demonstrations,
• Spontaneous crowd event situations, and
• Planned demonstration or crowd events regardless of the permit status of the event.

Use of Force

1. Nothing in this policy prohibits officers’ abilities to use appropriate force options to defend themselves or others as defined in P&P 5-300.

2. Use of any crowd control weapons shall be reported and reviewed in accordance with the sections on Force Reporting and Supervisor Force Reviews in P&P 5-301.

Supervisor Responsibility for Oversight

Supervisors shall be responsible for:

1. Ensuring that officers assigned launchers or munitions have completed relevant training and certification as applicable.

1. Describing to on-scene officers the rules of engagement for the deployment of munitions, including a review of the applicable use-of-force policy sections.
2. Maintaining responsibility for the munitions issued and deployed.
3. Ensuring appropriate radio notification of deployments where practical and ensuring subsequent reporting.
4. Ensuring officers complete proper written documentation for the deployment of less-lethal weapons after deploying such tools.

Incident Commander

In some cases, the Incident Commander role in this policy may be the same person as the on-scene supervisor.

Annual Policy Review

This policy is to be reviewed annually.

Uniform

1. All officers responding to public assemblies shall at all times, including when wearing protective gear, display their agency name and a unique personal identifier in accordance with P&P 3-100.

2. The Chief or the Chief’s designee shall maintain a record of any officer at the scene who are not in compliance with this requirement due to exigent circumstances.

Officer conduct

1. Officers shall maintain professional demeanor and remain neutral in word and deed despite unlawful or anti-social behavior on the part of crowd members.

2. Verbal abuse against officers does not constitute a reason for an arrest or for any use of force against such individuals.
3. Officers shall not take action or fail to take action based on the opinions being expressed.
4. Officers shall 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 (P&P 9-202).

5. Officers shall not use a weapon or munition unless the officer has been trained in the use and qualified in deployment of the weapon/munition (P&P 5-302).
6. This policy does not preclude officers from taking appropriate action to direct crowd and vehicular movement; enforce ordinances and statutes; and to maintain the safety of the crowd, the general public, law enforcement personnel, and emergency personnel.

Responses to Crowd Situations

Spontaneous disturbances

Officers responding to large-scale disturbances, or those that are likely to become violent, shall notify their supervisor. The responding supervisor shall assume the role of Incident Commander and determine the need for additional assistance, equipment, and tactics to be used.

1. The Incident Commander shall inform the Watch Commander, who shall contact MECC with information of the situation. MECC shall contact the Chief of Police and the appropriate Bureau Head, with information of the situation.

2. The first level of additional assistance shall be precinct officers and designated response cars. The Incident Commander shall establish a field command post with a designated staging area. The Incident Commander shall designate officers for security details for police vehicles and equipment.
3. The Incident Commander may request the activation of the SWAT team to provide additional demonstration management resources. Upon activation, the SWAT team will be deployed and directed by the SWAT Lieutenant in consultation with the Incident Commander.
4. The Incident Commander shall be in charge of the incident as a whole, however, the SWAT Lieutenant shall direct the specific actions of SWAT members once they have been activated, consistent with the mission outlined by the Incident Commander.

Lawful assembly

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.

Unlawful assembly

1. 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.

2. 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.
3. Whenever possible, the unlawful behavior of a few participants shall not result in the time, place or manner of expression being impacted for majority of peaceful protestors, unless other participants or officers are threatened with dangerous circumstances.
4. Unless emergency or dangerous circumstances prevent negotiation, crowd dispersal techniques shall 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.

Declaration of Unlawful Assembly

1. If the Incident Commander has declared an unlawful assembly, the reasons for the declaration and the names of the decision maker(s) shall be recorded.

1. The declaration and dispersal order shall be announced to the assembly.

2. The name(s) of the officers announcing the declaration should be recorded, with the time(s) and date(s) documented.

2. The dispersal order shall include:

1. Name, rank of person, and agency giving the order.

2. Declaration of Unlawful Assembly and reason(s) for declaration.
3. A minimum of two egress routes that may be used.
4. Specific consequences of failure to comply with dispersal order.
5. How long the group has to comply.

3. Whenever possible, dispersal orders should also be given in other languages that are appropriate for the audience. Officers shall recognize that not all crowd members may be fluent in the language(s) used in the dispersal order.
4. Dispersal announcements shall be made in a manner that will ensure that they are audible over a sufficient area.

1. Dispersal announcements shall be made from different locations when the demonstration is large and noisy.

2. The dispersal announcements should be repeated after commencement of the dispersal operation so that people not present at the original broadcast will understand that they must leave the area.

Crowd Dispersal

1. 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.

2. 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 officer commands before action is taken.
3. 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, and by using the minimum amount of physical force and authority needed to address the issue.

4. 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 a new declaration of unlawful assembly has been made.

Authorization for Crowd Control Weapon Use

1. Except as provided in [E] below, during civil disturbances or assemblies (as defined in this policy), authorization for use of crowd control weapons shall only come from the Chief of Police, or if the Chief is unavailable, the Chief's designee at the rank of Deputy Chief or above.

1. Such authorization shall be given over the police radio via radio transmission to personnel on scene, whenever possible.

2. The Incident Commander shall ensure that any authorization for crowd control weapons (which must come from the Chief of Police or if the Chief is unavailable, the Chief’s designee at the rank of Deputy Chief or above) is documented in the Police Report, including the person who authorized the use of crowd control weapons. MPD shall retain such documentation for a period of not less than seven years.
3. Sworn MPD employees shall not use crowd-control weapons in a civil disturbance or an assembly until they have been authorized under this policy, unless there is an immediate need to protect oneself or another from objectively imminent physical harm, as detailed in [E] below.

2. Crowd control weapons shall not be authorized for peaceful gatherings or assemblies (such as peaceful protests and demonstrations).
3. In situations not involving civil disturbances or assemblies, the use of weapons listed in this policy shall be in accordance with the other sections in P&P 5-300 specific to those weapons.

Objectively Imminent Physical Harm to Oneself or Another

1. If there is an immediate need to protect oneself or another from objectively imminent physical harm and crowd control weapons have not been authorized under [D] above:

1. Crowd control weapons, excluding chemical munitions, smoke munitions and light sound distraction devices, may be used without prior authorization in order to stop the assaultive conduct or act of violence.

2. In these circumstances, crowd control weapons may only be used against specific people who are posing a threat of objectively imminent physical harm to another person.
3. Chemical munitions, smoke munitions and light sound distraction devices may not be used in these circumstances.

2. The sworn officer using crowd control weapons under such circumstances must notify their supervisor of the use of crowd control weapons as soon as it is safe to do so.
3. The supervisor shall notify the Incident Commander or Watch Commander as soon as it is safe to do so.
4. Any sworn officer who uses crowd control weapons under this section (against specific people in an assembly without prior authorization) shall document and detail in the Police Report the specific circumstances establishing that there was an immediate need to protect themselves or another from objectively imminent physical harm. MPD shall retain such documentation for a period of not less than seven years.
5. The Incident Commander or Watch Commander who is notified shall email a brief notification before the end of their shift that an officer used crowd control weapons without prior authorization, including the case number and circumstances establishing the need to use the weapon, to the Chief of Police, Assistant Chief, Deputy Chiefs, and the Commander of Internal Affairs, for further review and handling.

Crowd Control and Crowd Dispersal Tactics

Crowd control weapons may only be authorized and used during civil disturbances and assemblies in accordance with P&P 5-300 and the conditions set forth in this policy, including the authorization requirements in section [D].

Canine use prohibited

Canines shall not be used for crowd control, crowd containment, or crowd dispersal.

Fire hoses prohibited

Fire hoses shall not be used for crowd control, crowd containment, or crowd dispersal.

FSDDs prohibited

FSDDs (also known as “flash-bangs”) shall not be used for crowd control, crowd containment, or crowd dispersal.

Electronic Control Weapons (ECWs) prohibited

Electronic Control Weapons (ECWs) shall not be used for crowd control, crowd containment, or crowd dispersal. This provision does not limit the use of ECWs under the conditions of [E] regarding objectively imminent physical harm.

Vehicles

1. Motorcycles and police vehicles shall not be used for crowd dispersal.

2. Vehicles may be used for purposes of observation, visible deterrence, traffic control, transportation, and area control during a crowd event.

Bicycles

1. Bicycles may be used to control and move people as appropriate. Bicycles may be authorized for crowd escorts by the Incident Commander.

2. Strikes with bicycles and other uses of a bicycle as a weapon shall follow the policies and procedures for impact weapon use.

Horses

1. When authorized by the Incident Commander, horses may be used to contain, control, and direct groups in nonviolent demonstrations as appropriate.

2. Horses shall not be used against passively resistant demonstrators, including those who are sitting or lying down.
3. Unless exigent circumstances exist, horses should not be used when chemical agents are used or use is anticipated, or in icy or snowy conditions or when similar lack of footing may jeopardize the animal, rider, or others.

Munitions and 40mm Launchers

40mm launchers

In accordance with the section on 40mm launchers in P&P 5-302, during civil disturbances or assemblies:

Carrying 40mm launchers

Only officers working in a certified SWAT capacity shall carry 40mm launchers, unless authorization is given by the Chief of Police, or when the Chief is unavailable, the Chief’s designee at the rank of Deputy Chief or above, for other officers who have been trained in the use of 40mm launchers to carry them.

Coordination of 40mm launcher use

Once use of 40mm launchers is authorized in accordance with section [D], and the SWAT supervisor is on scene, the supervisor shall coordinate all use of 40mm launchers on scene, including by any officers who were authorized to carry prior to the SWAT supervisor’s arrival. Nothing in this provision limits the use of 40mm launchers authorized by section [E] regarding objectively imminent physical harm.

Less-lethal impact munitions

Use of less-lethal impact munitions

1. Less-lethal impact fired munitions shall never be used indiscriminately against a crowd or group of people.
2. Less-lethal impact munitions shall be used only against a specific individual who is engaging in conduct that poses an immediate threat of objectively imminent physical harm (as covered by section [E]).
3. When circumstances permit, the Incident Commander shall make an attempt to accomplish the policing goal without the use of less-lethal impact munitions as described above, and, if practical, an audible warning shall be given to the subject before use of the weapon.

Areas to avoid targeting

In accordance with the P&P 5-302, officers shall intentionally not discharge less-lethal impact munitions at a person’s head, neck, throat, face, armpit, spine, kidneys, or groin unless deadly force would be justified.

Chemical munitions

Sufficient egress

Chemical munitions may not be used unless sufficient egress exists to safely allow the crowd to disperse.

Prohibition on CN chemical munitions

CN chemical munitions are prohibited.

Announcements and area notifications

1. When feasible, additional announcements warning of the imminent use of chemical munition should be made prior to the use of chemical munitions in a crowd situation.

2. Where extensive use of chemical munitions would reasonably be anticipated to impact nearby residents or businesses, the MPD should consider proactively notifying impacted individuals of safety information related to the munitions use as soon as possible, even if after the event.

Emergency medical services available

When chemical munitions are used, emergency medical services will be on standby at a safe distance near the target area when feasible.

Documenting chemical munition use

In addition to the use of force and de-escalation documentation requirements in P&P 5-301, the following information shall be documented for all chemical munition use:

1. The name of each chemical munition used in an incident.

2. The location and time of use for each munition use (as accurately as possible).

Safety data sheet

The safety data sheet (SDS) shall be saved and maintained for all chemical munitions used by the MPD.

Impact weapons

Display of batons or riot sticks

Batons and riot sticks may be visibly displayed and held in a ready position during squad or platoon formations.

Crowd movement

Impact weapons (such as batons, riot sticks and riot shields) may be used as tools for crowd escorts when authorized by the Incident Commander.

Use of impact weapons

1. Impact weapon strikes shall not be used indiscriminately against a crowd or group of people, but only against specific individuals who are physically aggressive or actively resisting arrest.

2. Impact weapon strikes should not be used in a crowd control situation against an individual who is attempting to comply but is physically unable to disperse or move because of the press of the crowd or some other fixed obstacle.

Areas to avoid targeting

Officers shall not strike a person with any baton to the head, neck, throat, kidneys, spine, or groin, or strike with force to the armpit unless the person has created an imminent threat of great bodily harm to another.

Use against a person in handcuffs

Impact weapons shall not be used against a person who is handcuffed except when permissible under P&P 5-300 and state law.

Aerosol hand-held chemical agents

Use of aerosol hand-held chemical agents

1. Aerosol hand-held chemical agents shall only be used against specific individuals who are engaged in conduct that poses an immediate threat of objectively imminent physical harm. Aerosol, hand-held, pressurized, containerized chemical agents that emit a stream shall not be used indiscriminately for crowd management, crowd control, or crowd dispersal.

2. Officers shall use the minimum amount of the chemical agent necessary to overcome the subject's resistance.

Subject exposure treatment

1. When possible, people should be removed quickly from any area where hand-held chemical agents have been used. Officers shall monitor the subject and pay particular attention to the subject’s ability to breathe following the application of a chemical agent.

2. A subject who has been sprayed with a hand-held chemical agent shall not be left lying on their stomach once handcuffed or while restrained with any device.

Arrests

Encircle crowd

If the crowd has failed to disperse after the required announcements and sufficient time to disperse, officers may encircle the crowd or a portion of the crowd to make multiple simultaneous arrests.

People seeking to be arrested

1. People who make it clear (e.g., by non-violent civil disobedience) that they seek to be arrested may be arrested and shall not be subjected to other dispersal techniques, such as the use of impact weapons or chemical agents.

2. People refusing to comply with arrest procedures may be subject to the reasonable use of force.

Arrests of non-violent people

Arrests of non-violent people shall be accomplished by verbal commands and persuasion, handcuffing, lifting, carrying, the use of dollies and/or stretchers, and/or the use of soft empty hand control holds.

Arrestee injuries

1. Officers shall document any injuries reported by an arrestee, in accordance with P&P 5-301.

2. As soon as practical, officers shall obtain professional medical treatment for the arrestee, in accordance with P&P 5-301 and P&P 7-350.

Juvenile arrests

Juveniles arrested in demonstrations shall be handled consistent with MPD policy on arrest, transportation, and detention of juveniles (P&P 8-300).

Arrests of people with disabilities and Limited English Proficiency

1. Officers arresting a person with a disability affecting mobility or communication shall follow the MPD policy on arrest, transportation, and detention of people with disabilities (P&P 5-602 and P&P 5-603).

2. Officers shall follow P&P 5-601 for providing services to people who are Limited English Proficiency.

Handcuffing arrestees

Handcuff policies

All people subject to arrest during a demonstration or crowd event shall be handcuffed in accordance with MPD policy, orders, and training bulletins (including P&P 5-301, P&P 5-302 and P&P 9-109).

Flex-cuffs

1. 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.

2. When an arrestee complains of pain from overly tight flex cuffs, officers shall examine the cuffs and ensure proper fit.
3. Arrestees in flex-cuffs shall be monitored to prevent injury.
4. Each unit involved in detention or transportation of arrestees with flex-cuffs should have a flex-cuff cutter and adequate supplies of extra flex-cuffs readily available.

News Media.

News media have a First Amendment right to cover public activity, including the right to record video or film, livestream, photograph, or use other mediums.

1. News media shall not be restricted to an identified area, and shall be permitted to observe and shall be permitted close enough access to view the crowd event and any arrests. An on-scene supervisor or the Incident Commander may identify an area where media may choose to assemble.

2. Officers shall not arrest members of news media unless they are physically obstructing lawful efforts to disperse the crowd, or efforts to arrest participants, or engaged in criminal activity.
3. News media shall not be targeted for dispersal or enforcement action because of their media status.
4. Even after a dispersal order has been given, clearly identified news media shall be permitted to carry out their professional duties unless their presence would unduly interfere with the enforcement action.

Legal Observers

1. Legal observers, including unaffiliated self-identified legal observers and crowd monitors, do not have the same legal status as news media, and are subject to laws and orders similar to any other person or citizen.

2. Legal observers and monitors must comply with all dispersal orders unless an on-scene supervisor or the Incident Commander chooses to allow such legal observers and monitors to remain in an area after a dispersal order.
3. Legal observers and crowd monitors shall not be targeted for dispersal or enforcement action because of their status.

Documentation of Public Assembly and First Amendment Activity

1. Public assembly or first amendment activity shall not be visually documented, except under the following circumstances:

1. Documentation of the event for the purposes of debriefing,
2. Documentation to establish a visual record for the purposes of responding to citizen complaints or legal challenges (including through required BWC or MVR activations in accordance with P&P 4-223 and P&P 4-218), or
3. Creating visual records for training purposes.
4. When authorized under MN Statute section 626.19 Subd. 4 regarding UAV use.

2. Any authorized video or photo documentation shall be done in a manner that minimizes interference with people lawfully participating in First Amendment activities.
3. Videotaping and photographing of First Amendment activities shall take place only when authorized by an on-scene supervisor or the Incident Commander.
4. Individuals should not be singled out for photographing or recording simply because they appear to be leaders, organizers, or speakers.
5. Unless evidence of criminal activity is provided, videos or photographs of demonstrations shall 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.
6. 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 photographs shall be destroyed in accordance with MPD policies, City Retention Guidelines and State law.
7. This policy shall not prohibit employees 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.

Training

Initial and ongoing training

1. All officers should receive yearly training on appropriate responses to crowd control and crowd management.

2. Officers assigned to specialty units that respond to crowd control situations should receive additional training on appropriate responses to crowd control and crowd management, in addition to the yearly department-wide training.

Joint training

Joint training should also be conducted with all agencies who are involved in crowd management activities.

Less-lethal 40mm launcher and munition training

1. The MPD shall ensure that officers assigned the weapons or munition have completed relevant training and certification as applicable, ideally well in advance of an incident.

2. The training shall describe the rules of engagement for the deployment of munitions, including a review of the applicable use-of-force policy sections.

• 40mm Round: A direct fire impact projectile round used in situations where maximum deliverable kinetic energy is desired for the incapacitation of a person.
• Actively Resisting:

  The person’s actions are intended to prevent a member from placing the person in custody or taking control of the situation but are not directed at harming the member. A person’s reaction to pain caused by a member, and a person’s purely defensive reactions to force, do not constitute active resistance. Oral statements alone do not constitute active resistance.

  Examples include:

  • Walking or running away after being informed they are not free to leave, are detained, or are under arrest.
  • Forcefully resisting the member’s grip.
  • Holding onto a fixed object after being given a lawful command to move or let go, in a situation other than a protest or demonstration (P&P 7-805).
• Assembly: An assembly is a group of people gathered together in one place for a common purpose.
• Baton: A handheld, rigid, stick-like intermediate weapon. Batons are typically made of materials such as wood and metal, and come in various lengths and styles. (See the specifications section in P&P 5-310 for authorized types)
• Bodily Harm: Physical pain or injury, illness, or any impairment of physical condition.
• Body Worn Camera: Portable audio-video recording equipment designed to be worn on a person.
• Chemical Munition: Munitions designed to deliver chemical munition agents from a launcher or be propelled by hand. (P&P 5-313)
• Civil Disturbance: A civil disturbance, also known as civil disorder or civil unrest, is when a gathering or assembly becomes violent or involves a collective threat of imminent violence, including but not limited to, assaults, significant property damage, arson fires, and bodily injury to people.
• Control or Escort Holds: Temporary holding of part of the person's body, such as the hand, wrist, arm or shoulder, to physically control or direct the person.
• Crowd Control: Techniques used to address unlawful public assemblies.
• Crowd Control Weapons: Crowd control weapons include any weapon (or tool used as a weapon) used to address a civil disturbance or other unlawful public assembly. These include chemical aerosols, chemical munitions or projectiles (CS or OC), smoke munitions or projectiles, marking rounds (40mm direct, exact or blunt impact projectiles or rounds), rubber bullets, impact weapons (ASP batons, riot sticks, bicycles or other items used as impact weapons), and light sound distraction devices (inert, CS or OC blast balls). Authorization for use of crowd control weapons is set forth in P&P 7-805 section [D].
• Crowd Management: Techniques used to manage lawful public assemblies before, during, and after an event. Crowd management can be accomplished in part through coordination with event planners and group leaders, permit monitoring, and based on the specific circumstances presented and in light of prior crowd events.
• Deadly Force: "Force which the actor uses with the purpose of causing, or which the actor should reasonably know creates a substantial risk of causing death or great bodily harm. The intentional discharge of a firearm other than a firearm loaded with less-lethal munitions and used by a peace officer within the scope of official duties, in the direction of another person, or at a vehicle in which another person is believed to be, constitutes deadly force." (MN Statute section 609.066)
• De-escalation: Techniques and tactics to reduce the intensity of a situation. These strategies serve to increase the likelihood of voluntary compliance, minimize the need to use force, and uphold the sanctity of life by enabling members to resolve situations without the use of force or with the lowest degree of force necessary. (P&P 7-802)
• Demonstration: An assembly of people organized primarily to engage in First Amendment activity. They include, but are not limited to, marches, protests, and other assemblies intended to attract attention.
• Exigent Circumstances: the need to prevent imminent harm or to provide emergency aid, to prevent imminent destruction or removal or evidence excluding narcotics, when in hot pursuit of an individual who committed or is suspected of committing a felony, or to prevent the imminent escape of a suspect
• Feasible: Objectively reasonably capable of being safely done or carried out.
• 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.

  1. Common First Amendment activities include, but are not limited to:
     • Speeches
     • Demonstrations
     • Vigils
     • Picketing
     • Distribution of literature
     • Displaying banners or signs
     • Street theater
     • Other artistic forms of expression
  2. 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.
  3. 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.
• First Amendment-Protected Activity:

  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.

  1. Common First Amendment activities include, but are not limited to:
     • Speeches
     • Demonstrations
     • Vigils
     • Picketing
     • Distribution of literature
     • Displaying banners or signs
     • Street theater
     • Other artistic forms of expression
  2. 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.
  3. 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.
• Flash Sound Distraction Device: A device (also called a "flash-bang" device) that deflagrates and produces a loud bang with a brilliant light that is intended to cause confusion and distraction to provide a tactical team with a few seconds of advantage. (P&P 5-314)
• 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 (MN Statute section 609.02 Subd. 8).
• Imminent Threat:

  A threat is imminent when all of the following apply:

  • It can be articulated with specificity.
  • It is reasonably likely to occur absent action by the law enforcement officer.
  • It must be addressed through the use of objectively reasonable, necessary, and proportional force without unreasonable delay.

  A fear of future harm is only an imminent threat if it must be addressed without unreasonable delay, no matter how great the fear or likelihood of harm.

• Incident Commander:

  The Incident Commander (IC) is the first officer or supervisor to arrive on the scene of a call for service where multiple units, scenes, or assisting agencies are dispatched. The Incident Commander has overall command of the incident, until properly relieved by a supervisor of higher rank if necessary, and will be based at the incident command post. The priorities of the Incident Commander include:

  1. Assess incident priorities.
  2. Determine strategic goals and tactical objectives, not related to the operations of SWAT or ESU personnel.
  3. Identify a staging area, if needed.
  4. Develop and implement incident action plan.
  5. Develop appropriate incident management structure.
  6. Assess resource needs.
  7. Coordinate overall on-scene emergency activities.
  8. Authorize information to be released to the media.
• Investigation: A structured process of gathering, examining, and evaluating facts and evidence to determine what occurred, assess compliance with laws and policies, and support appropriate actions or decisions.
• Juvenile: An individual who is under the age of eighteen (18) years.
• 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 Impact Munitions: Impact munitions which can be fired, launched, or otherwise propelled. Direct Fired Munitions: Less-lethal impact munitions that are designed to be direct fired at a specific target. Indirect-Fired Muntions: Less-lethal non-direct impact munitions that are discharged toward a surface in front of a target, intended to impact the subject following contact with the surface.
• Limited English Proficiency: Designates individuals whose primary language is not English and who have a limited ability to read, write, speak, or understand English. LEP individuals may be competent in certain types of communication (e.g. speaking or understanding), but still be LEP for other purposes (e.g. reading or writing). Similarly, LEP designations are context specific. An individual may possess sufficient English language skills to function in one setting, but may find these skills are insufficient in other situations.
• MECC: Minneapolis Emergency Communications Center is the city's 911 center that answers emergency and non-emergency calls and coordinates the appropriate response by public safety services.
• Media Affiliate: 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 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.
• Munitions: Types

  Chemical Agent Munitions: Munitions designed to deliver chemical agents from a launcher or be propelled by hand.

  Less-Lethal Impact Munitions: Impact munitions which can be fired, launched, or otherwise propelled.

  Direct Fired Munitions: Less-lethal impact munitions that are designed to be direct fired at a specific target.

  Indirect-Fired Munitions: Less-lethal non-direct impact munitions that are discharged toward a surface in front of a target, intended to impact the subject following contact with the surface.

• Objectively Imminent Physical Harm:

  Aggressively Resisting or Assaultive:

  The person displays the intent to imminently harm the member, themselves or another person.

  • Taking a fighting stance (such as clenching and raising fists into a boxer pose or a substantially similar action).
  • Punching, kicking, or otherwise striking.

  Aggravated Aggressive Resistance or Aggravated Assault:

  The person displays the intent to imminently harm the member, themselves or another person, and the person’s actions are likely to result in great bodily harm or death.

  • Use of a firearm.
  • Use of a blunt or bladed weapon.
  • Extreme physical force.
• Police Report: A report or statement in a report that sets forth the officer's account of an incident and is entered into the MPD's Records Management System.
• Police Vehicles:
  1. Fully Marked Squad Car: Any vehicle used by the MPD that has clearly identifying police markings, emergency lights visible from front, sides and rear, siren, and a manufacturer's rating to make it suitable for pursuits. Currently, the Ford Crown Victoria, Ford Police Interceptor SUV, Chevrolet Caprice, and the Chevy Tahoe Police Pursuit Vehicle (PPV) are the only vehicles in the MPD Fleet with such a rating.
  2. Low Profile Squad Car: Any vehicle used by the MPD that has a permanent or temporary MPD door marking, emergency lights visible from front, sides and rear, siren, and a manufacturer's rating to make it suitable for pursuits.
  3. Unmarked Squad Car: Any vehicle used by the MPD not clearly identified with a shield, logo or department name that has emergency lights visible from the front, sides and rear, and a manufacturer’s rating to make it suitable for pursuits.
• Special Weapons and Tactics Team: A specialized police unit trained and equipped to handle high-risk situations beyond the scope of regular patrol, such as armed barricades, hostage rescues, and high-risk warrant service.
• Unlawful Assembly:

  According to MN Statute section 609.714, “When three or more persons assemble, each participant is guilty of unlawful assembly, which is a misdemeanor, if the assembly is:

  1. with intent to commit any unlawful act by force; or
  2. with intent to carry out any purpose in such manner as will disturb or threaten the public peace; or
  3. without unlawful purpose, but the participants so conduct themselves in a disorderly manner as to disturb or threaten the public peace.”
• Use of Force:

  An intentional contact, directly or indirectly (such as through a weapon or force device), with someone’s body, that causes pain or injury or restricts, controls or directs someone’s movement. Intentionally placing someone in fear of such contact or threatening such contact can also constitute force. This includes, but is not limited to:

  • The use of any weapon, substance, vehicle, equipment, tool, device or animal that inflicts pain or produces injury.
  • Any physical strike to any part of the body.
  • Any physical contact or threat of contact by the member or a weapon that causes or threatens to cause pain or injury.
  • Any physical contact or threat of physical contact by the member that results in physical restriction or manipulation of movement.
  • Unholstering or displaying a weapon when engaged with a subject or subjects, or pointing a weapon at a person.