5-303 CROWD CONTROL AND
CIVIL DISTURBANCES
(08/17/07) (06/16/20) (08/21/20) (09/08/20) (10/31/20)
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, officers who
are not working in a certified SWAT capacity shall not deploy 40mm launchers
for crowd control purposes; except that when officers who are working in a
certified SWAT capacity are unavailable, patrol officers who have been trained
in the use of 40mm launchers and have them available may be assigned to civil
disturbances and assemblies in accordance with this policy. All use and
authorizations must comply with this policy.
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, his 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 deploy 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.