ERIE POLICE DEPARTMENT CITY OF ERIE, PENNSYLVANIA, Policies and Procedures Subject: Civil Disturbances Policy Number: 5.4 Effective Date: 07-01-05 Revision Date: 03-01-2016 ‘Approval Authority Title and Signature: POLICY: Civil disorders and disturbances are human caused disasters with tremendous potential for causing damage to both life and property. The effects of these events are especially harmful on a ‘community in that they generally occur in times of already heightened societal tensions and in fact are often directly caused by them. Where police and all groups in the community develop good relations, friction generally is minimized. The perception of the police as being concerned, professional, and fair leads to greater respect throughout all segments of the community. Likewise, police officers’ confidence that they can count on the support of all the community population in the performance of their duties gives them a greater sense of confidence in doing their job. This objective will foster an atmosphere of cooperation and mutual respect between the police and the community The manner in which law enforcement officers deal with unruly crowds and illegal gatherings has direct bearing on their ability to control and defuse the incident preventing injury or loss of fe and contain property damage. Officers confronting civil disturbances should follow the procedures of communication, containment, evacuation, command and control and use of force as written in this policy. Whatever the type of civil disturbance, itis important to have a plan for managing such an event, Civil disturbances can be mitigated through planning, but the moderation of @ civil disturbance is, not solely a police function. It is a shared responsibility of City government, community leaders, business leaders, service organizations and community residents. Page 1 of 7CIVIL DISTURBANCES Page 2 of 7 Civil Disturbance An unlawful group act or assembly that constitutes a breach of the peace or any assembly of persons where there is imminent danger of collective violence, destruction of property, or other unlawful act. Most demonstrations such as marches, meetings, speeches, picketing, and rallies will be peaceful and non-obstructive. Police action should not be taken unless one or more of the following conditions exists as a result of the assembly or demonstration: ‘+ Interference with the normal operations of any business, institution or government office. ‘+ Prevention of access to offices, buildings, roadways or other facilities. «Threat of physical harm to any persons or damage/threatened damage to any facility, PRE-Event It is advisable for law enforcement agencies to contact any person or group desiring to organize and conduct a public demonstration and/or in order to inform them of the City of Erie procedures for obtaining permits, venues and other opportunities available to them. If a groups desires to organize or conduct public demonstrations after having been informed of the available options, the police agency shall maintain open communication with the group or organization by offering its complete assistance in developing a time, place and manner of conducting a peaceful demonstration. Sometimes a confrontation is impossible to avoid, but a police department may save itself a lot of potential problems when officers are trained in techniques to maintain or restore control over large groups without exacerbating the situation. When possible and practical, Time, Talk and Tactics should be used to slow situations/emotions to a manageable level where good judgement and reason can be maximized. Peaceful, Non-obstructive Demonstrations, Generally, demonstrations of this kind should not be interrupted. Demonstrations should not be obstructed or provoked, and efforts should be made to conduct business as normally as possible. ‘When possible and practical, Time, Talk and Tactics should be used to slow situations/emotions to a manageable level where good judgement and reason can be maximized. If demonstrators are asked to leave but refuse to leave by police order: + Police will take no action and arrangements will be made to monitor the situation. + A determination will be made by the Chief of Police or designee whether or not to treat the violation as a disruptive demonstration.CIVIL DISTURBANCES Page 3 of 7 Non-violent, Disruptive Demonstrations In the event that a demonstration blocks access to any facilities or interferes with the operation of any business, institution or government ageney. When possible and practical, Time, Talk and Tactics should be used to slow situations/emotions fo a manageable level where good judgement and reason can be maximized. + Demonstrators will be asked to end the disruptive activity by Police. + The police department will consider having a photographer or video camera available for verification/documentation purposes. + The Chief of Police or designee will go to the area and ask the demonstrators to leave or to discontinue the disruptive activities. © Ifthe demonstrators persist in the disruptive activity, they will be apprised that failure to discontinue the specified action within a determined length of time may result in criminal prosecution, + Efforts should be made to secure positive identification of demonstrators in violation. + After consultation with the Mayor, Legal Advisors, and Chief of Police, the need for intervention will be determined. © Ifdetermination is made, the remaining demonstrators will be given a final ‘warning of the intention to arrest and then arrested if they fail to comply. Violent, Disruptive Demonstrations + Inthe event that a violent demonstration in which injury to persons or property occurs or appears imminent, the Chief of Police or designee will be notified by the OIC. + Police will take immediate action to prevent further escalation, to save lives and prevent property damage. + When practical, the EPD Identifications Unit will be notified and asked to document (videotape or photograph) the event. PROCEDURES: In the event of a civil disturbance, the Uniformed Patrol Division has primary responsibility for managing the incident. When possible and practical, Time, Talk and Tactics should be used to slow situations/emotions to a manageable level where good judgement and reason can be maximized, In instances where civil disorder has occurred, is occurring or may occur, police supervisors and other authorities should be continually seeking ways in which to reduce the violence or disorder, contain and manage it or prevent it. The Patrol Division's overall mission in the event of a violent or disruptive civil disturbance will be to restore order as reasonably necessary and efficiently as possible.[CIVIL DISTURBANCES Page 4 of 7 ‘The first officer to arrive on the scene of a civil disturbance will do the following: Observe the situation from a safe distance to determine if the gathering is currently or potentially violent. Notify the Radio Dispatcher of the nature and seriousness of the disturbance, particularly the availability, display or use of weapons. Request the assistance of a supervisor and any necessary backup. The Officer in Charge is to be notified of the current situation and present course of action, If approaching the crowd would not present unnecessary risk, seek to avert or reduce the violence by bringing the underlying issue of the violence into a negotiation or other non- violent process. i. Establish contact with crowd leaders to assess their intentions and motivation and develop a trust relationship and communicate to the participants that their assembly is in violation of the law and will not be tolerated. ii, It should be re-enforced that the police department wishes to resolve the incident peacefully and that acts of violence will be dealt with swiftly and decisively. Instruct the violent, disruptive demonstrators gathering to disperse or continue to monitor nonviolent, peaceful, non-obstructive demonstrations Should the crowd fail to disperse in the prescribed manner, the Street Supervisor should be prepared to take action. Attempt to identify and detain crowd leaders and any individuals personally engaged in criminal acts Continue to keep the radio dispatch and the Officer in Charge of current developments and operational needs. The highest-ranking officer will assume command at the scene will take the following steps: i Assess the immediate situation for seriousness and its potential for escalation. If the disturbance is minor in nature and adequate resources are available, efforts should be made to disperse the crowd () Ensure the appropriate use of tactical formations and the availability of protective equipment for officers engaged in arrest procedures. (b) Ensure the availability of transportation for arrests. (©) Ensure that a backup team of officers is readily available, should assistance be required,CIVIL DISTURBANCES Page S of 7 2. Ensure that, to the degree possible, innocent civilians are evacuated from the immediate area of the disturbance. 3. Establish a temporary command post based on proximity to the scene. 4, Establish an outer perimeter sufficient to contain the disturbance and prohibit entrance into the affected area. 5. Establish the number of personnel and equipment necessary to contain and/or disperse the disturbance and relay this information to the OIC and Radio Dispatcher. When adequate personnel and resources are in place, the supervisor at the scene will take actions necessary to disperse the crowd. 6. Ensure that surveillance points are established to identify agitators, leaders and individuals committing crimes, and to document and report on events as they happen. 7. Photographic and videotape evidence of criminal acts and perpetrators should be generated whenever possible. 8. Develop a plan for securing critical facilities, structures, institutions or buildings should a violent or disruptive crowd move toward it, Establish an ongoing liaison with critical facility staff, owners and managers informing them of potential dangers. Command Only the Police Chief or a Deputy Police Chief can initiate a full personnel ‘call in’. The Chief or designee will provide the Captain of the Patrol Division and the Captain of the Criminal Investigations Division instructions indicating the number of off-duty personnel each section/unit needs to recall, and the personnel to be held on duty beyond their normal working hours. ‘© The Police Command Center will be activated at the order of the Police Chief. The Police Chief or a Deputy Police Chief will keep the Mayor's Office informed of important developments and remain in contact with the Mayor's Office, the City Attorney and District Attomey’s Office. The Chief of Police and the Office of the Mayor shall determine the need for additional local resources as well as preparing a state and/or federal request for assistance. ‘The Mayor shall promulgate issue and enforce rules, regulations, orders and directives which are considered necessary during the emergency for the protection of life and property. Only the Mayor can initiate integrating the National Guard. The use of federal forces to support state and local governments remains the exception rather than the rule, Federal forces are generally used only after state resources are exhausted or overwhelmed and federal assistance has been requested by state officials.CIVIL DISTURBANCES. Page 6 of 7 The Captain of Patrol will take charge of field operations; ‘* Develop a plan with the criminal justice system (courts) for expedited processing of mass arrestees. + Recall, reassign and schedule personnel as directed by the Chief of Police or designee ‘+ As appropriate, suspend non-critical tasks and public services. + Assist the Officer in Charge of Patrol Operations in completing daily calls for service and patrol operations. The Criminal Investigations Captain will take charge of administrative operations; Recall, reassign and schedule personnel as directed by the Chief of Police or designee. Prisoner processing and other investigative support functions. Direct the Identification Unit to record (photo/video) the disturbance/erowds. Use of Less Lethal Force/Chemical Munitions: When physical arrest of identified leaders and agitators fails to disperse the crowd, the street supervisor may use less lethal force to accomplish these ends. In so doing, the supervisor will follow all guidelines in the Less Lethal Force Policy and ensure that the message to disperse or leave the area has been communicated effectively either personally or by public announcement and; (a) A clear path of escape is available for those who wish to flee the area. (b) The use of OC gas or other less lethal devices is coordinated and controlled. (©) Sufficient gas masks are available for personnel. (d) They take into consideration the wind direction (©) Have medical services on standby. (0) They consider the affects on innocent persons. Mass Arrest: During the course of civil disturbances, it may be necessary to make arrests of numerous individuals over a relatively short period of time. In order for this process to be handled efficiently, safely and legally, the OIC or Captain of the Criminal Division should ensure that: 1, A team is designated to process all prisoners for purposes of transportation. 2. An adequate number of vehicles are made available to remove the prisoners to the detention center. 3. An adequate secure area is designated for holding prisoners after initial booking and while awaiting arraignment.CIVIL DISTURBANCES Page 7 of 7 4. All arrested individuals are searched, photographed and properly identified at the detention center during formal booking. All injured prisoners are provided medical attention prior to being booked. 6. All arrested juveniles are handled in accordance with this department's procedures for the arrest, transportation, and detention of juveniles. 7. All evidence and weapons taken from persons that are arrested, is processed in accordance with this department's policy on the preservation and custody of evidence, Deactivation: When the disturbance has been brought under control, the Captain of the Patrol Division and Criminal Investigation Division will ensure that the following measures are taken: 1, All law enforcement officers and equipment utilized in the incident will be accounted for and an assessment made of personal injuries and damages 2. All necessary personnel will be debriefed as required. 3. Witnesses, suspeets, and arrestees will be interviewed, processed or interrogate. 4, All written reports will be completed as soon as possible following the incident to include a comprehensive documentation of the actions taken, observed, reported or investigated during the Depariment’s response to the incident. Mutual Aid The Police Department has mutual aid agreements on file with the majority of municipal police agencies in Erie County. The Police Chief or designee may request aid from these agencies. Every effort should be made to integrate these officers with Department personnel to provide communications, knowledge of the area, etc. Media The police department liaison with media availability should be utilized to prepare public information prior to, during and afier a major event. This Officer will also coordinate with other governmental entities and agencies to develop a plan for coordinating the release of joint official statements as needed. This Officer will make themselves available at a detached location. Individual Officers shall not comment or divulge information about planning, directives, readiness or responses to a civil disturbance to any external individual, agency or media without the direct approval of the Chief of Police or his designee.