(08/17/07)
(06/16/20) (08/21/20) (09/08/20) (10/31/20) (03/12/21)
A.
Crowd related terms
Assembly: An assembly is a group of people gathered
together in one place for a common purpose.
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
persons (also see P&P 7-805 Civil Disturbances).
Crowd control purposes: Using tactics or weapons to
contain, control or disperse a crowd or assembly.
Demonstration: An assembly of persons organized
primarily to engage in First Amendment activity. They include, but are not
limited to, marches, protests, and other assemblies intended to attract
attention.
B.
Crowd control weapons
1.
Only the following crowd control weapons may be used during a civil
disturbance as defined in this policy: chemical aerosols, chemical munitions or
projectiles (CS, OC, CN), smoke munitions or projectiles, marking rounds (40mm
direct, exact or blunt impact projectiles or rounds), rubber bullets, ASP
batons, riot sticks (as impact weapons), and light sound distraction devices
(inert, CS, OC or CN blast balls). Authorization for use of crowd control
weapons is set forth in section [C] below.
2. FSDD’s
(also known as “flash-bangs”) shall not be authorized for crowd control
purposes.
3.
In accordance with the section on 40mm launchers in P&P 5-302, during
civil disturbances or assemblies:
a.
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.
b.
Using 40mm launchers
i.
Authorization
All use and authorizations must comply with this policy
(P&P 5-303), including the requirements in section [C] that authorization
for 40mm launcher use 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.
ii.
Coordination
Once use of 40mm launchers is authorized in accordance with
section [C], 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 [D] regarding
objectively imminent harm.
4.
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.
C.
Authorization for crowd control weapon use
1.
During civil disturbances or assemblies (as defined in this policy),
authorization for 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.
a.
Such authorization shall be given over the police radio via radio
transmission to personnel on scene, whenever possible.
b.
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.
c.
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 [D] 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.
D.
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 [C] above:
a.
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.
b.
In these circumstances, crowd control weapons may only be used against
specific persons who are posing a threat of objectively imminent physical harm
to another person.
c.
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 persons 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.
Definitions
Refer to the Commonly Used Terms page for general definitions.