Seattle Police Manual

14.090 – Demonstration Management

Effective Date: 10/17/2012

14.090–POL

This policy pertains to the Department’s response to demonstrations.

1. Definitions

Demonstration Management: Those techniques that are used to manage public assemblies before, during and after the event. This will be accomplished in part through communication and coordination with event planners.

Immediate Life Safety Emergency: This is an unplanned, dynamic situation where immediate police action is necessary to protect the officers and/or the public’s safety.

Patrol Less-Lethal: Department-issued OC spray and specialty patrol CART (Chemical Agent Response Team) munitions are approved for use by appropriately trained patrol personnel during demonstrations.

Specialty Less-Lethal: Less-lethal launchers, munitions and chemical agents that are approved for use solely by the Special Weapons and Tactics (SWAT) team.

Demonstration Control: Those techniques that are used to address unlawful public assemblies, to include containment, isolation, prevention of escalation, and dispersal.

2. The Incident Commander May Consider Deploying Specialty Units, Based on Available Event Intelligence

See 14.090–TSK–1 Responsibilities of the Incident Commander

3. The Incident Commander will Determine Minimum Staffing for Demonstrations

The Incident Commander will base staffing levels on the projected number of demonstrators and any pre-event intelligence indicating potential violence.

The Incident Commander (or designee) will develop contingency plans regarding staffing and tactics.

4. The Incident Commander will Communicate each Unit’s Mission to that Unit’s Sergeant or Above

The involved unit’s sergeant or above will develop the specific method or tactics that will be used to accomplish the mission. See 14.090–TSK–2 Responsibilities of the Sergeant.

• The unit sergeant or above will submit all unit plans to the Incident Commander, who will approve or modify the plans to accomplish the overall mission, with any modifications communicated back to the unit sergeant or above.

5. The Incident Commander will Deliver Event Briefings Using a Standardized Format (SMEAC)

Incident Commander

Situation - Brief presentation of information known about the event, to include location, size, history, and any known threats to officers or the public

Mission - Concise statement outlining what the Incident Commander wants to accomplish and the philosophy behind the

• Department’s response to the situation
  
• Which crimes will result in arrest
• Guidelines for handling pedestrian interference

Operations Section Chief

Execution - This is the mechanics of how the mission will be achieved. It will normally include the following topics:

• Deployment of personnel and assigned tasks
• Chemical agent/less-lethal rules of engagement
• Basic contingency planning and options

Administration - This covers the administrative tasks associated with the event and includes the following:

• Prisoner processing protocols
• Use of force reporting

Command and Communications – This covers the event chain of command and overall communications plan.

6. The Incident Commander will be a Sergeant or Above

An officer can serve as Incident Commander until a sergeant can respond.

A lieutenant will assume command when there are two sergeants and/or two squads involved in the event.

A captain will assume command when there are two lieutenants involved in the event.

The Incident Commander retains ultimate responsibility for the decisions of subordinates, and will be mobile during the event and available for on-scene consultation.

Exception: The Incident Commander may establish a fixed command post for large-scale static or fixed-location events (e.g. Torchlight, 4th of July, etc).

a. The Incident Commander is the Highest Ranking
Sworn Employee Assigned to the Incident and is Ultimately Responsible for all Decisions Made During the Incident

The presence of a higher ranking person at a scene does not indicate assumption of command. Such persons shall remain in an advisory or evaluation capacity unless command is specifically assumed. See Seattle Police Manual Section 1.030 – Chain of Command

When a higher ranking person begins to issue orders to
personnel assigned to the event, that higher ranking person
shall be deemed to have assumed command.

7. All Demonstration Events Will Include a Day-of-Event Debrief

Sergeants will conduct a debriefing of their assigned officers and document any observations or suggestions on an Event Debrief Form (form 23.5).

Sergeants and the Incident Command structure will then have a separate debrief to discuss the following subjects:

• Event staffing
• Deployment
• Areas of success
• Areas for improvement
• Command issues
• Communication issues
• Logistical issues

The Incident Commander will be responsible for completing an After Action Report that will be routed to the Patrol Operations Bureau Chief via the precinct-of-event Chain of Command. All completed Event Debrief Forms will be attached to the After Action Report.

Once reviewed by the Patrol Operations Bureau Chief, the After Action Report and Event Debrief Forms will be loaded into the S:drive Demonstration Management folder by Patrol Operations Bureau staff.

8. Crowd Dispersal

a. Officers Shall not use Chemical Agents or Less-Lethal Munitions to Overcome Passive Resistance by Nonviolent and/or Peaceful Protestors, absent Exigent Circumstances

b. SWAT has the Primary Responsibility to Deploy Chemical Agents and/or Less-Lethal Munitions to Disperse a Demonstration

This only applies if SWAT is assigned to the demonstration. The Incident Commander shall have the authority to direct the use of chemical agents and less-lethal devices to disperse the demonstration.

c. A CART-Trained Sergeant shall Oversee Chemical
Agents and/or Less-Lethal Munitions when SWAT is not
Assigned to the Demonstration

Personnel trained to deploy patrol CART munitions are authorized to carry these agents or devices unless otherwise directed by the Incident Commander. The Incident Commander shall have the authority to direct the use of chemical agents and less-lethal devices to disperse the demonstration.

• Each precinct will maintain a supply of chemical agents and less-lethal devices to address an unplanned demonstration where there is insufficient time to deploy SWAT.

d. Department Personnel will be Deployed to Accomplish Specific Tactical Objectives

Objectives may include:

• Containment - to confine an demonstration
  
  • Complete containment of a demonstration without a dispersal route will only be done as a prelude to a mass arrest situation.
    
• Isolation – to prevent the growth of the demonstration and to deny access to those who are not involved, for their own safety
  
• Prevention of escalation – to defuse the situation through warnings and verbal persuasion
  
• Dispersal – to disperse the demonstration in a predetermined direction and take enforcement action against violators
  

e. Officers Shall Only Deploy Chemical Agents and/or Less Lethal Munitions for Crowd Movement Subsequent to an Order From the Incident Commander

Officers will not deploy chemical agents to move or disperse the crowd without the order of the Incident Commander. Deployment will normally occur after a verbal warning or dispersal order.

• A lieutenant may authorize the use of chemical agents/less-lethal munitions to disperse a demonstration if an immediate life safety emergency exists that requires this action be taken and there is insufficient time to obtain incident command approval.
  
• CART-trained Sergeants have the authority to deploy chemical agents/less-lethal munitions to stabilize an immediate life safety emergency when there is insufficient time to obtain incident command approval or deploy SWAT.

f. Officers and Incident Commanders Must Document Uses of Force

Officers shall individually justify and document all reportable uses of force consistent with Seattle Police Manual Section 6.240 – Use of Force.

The Incident Commander authorizing the use of chemical agents and/or less-lethal weapons must justify that decision in a Use of Force Report, with a copy submitted to the relevant Bureau Chief in addition to the normal routing.

9. Officers May Make Individual Decisions to Deploy OC

a. Officers Shall Deploy OC for Specific Objectives Consistent with Seattle Police Manual Section 6.240 – Use of Force

The authorized use of OC in demonstration situations involving violent activity shall have as a primary objective at least one of the following:

• Defend oneself
• Defend someone else
• Prevent significant destruction of property
  

b. OC will be Directed at the Specific Suspect(s) who are Posing a Threat

Officers deploying OC will attempt to limit collateral exposure to non-involved parties.

• If there is probable cause to arrest for a crime, it is a priority for officers to arrest individuals against whom OC has been deployed.

c. Officers Will Provide Aid to Subjects Exposed to Chemical Agents and/or OC, If Feasible

Officers will request medical response or assistance for subjects exposed to chemical spray and/or OC when they complain of continued effects after having been decontaminated, or they indicate that they have a pre-existing medical condition (e.g. asthma, emphysema, bronchitis, heart ailment, etc) that may be aggravated by chemical spray and/or OC.

d. Officers Must Document Uses of Force

Officers shall individually justify and document all reportable uses of force consistent with Seattle Police Manual Section 6.240 – Use of Force.

14.090–TSK–1  Responsibilities of the Incident Commander

The Incident Commander

1. Considers deploying specialty units.

• Bicycle units for marches or mobile protests
  
• Foot officers for static events, or to function as arrest teams or bicycle unit support for marches or mobile protests
  
• Mounted patrol for static events, marches or mobile protests
  
• Video Unit for events where intelligence indicates that civil disobedience or crowd violence will occur (Recordings must be in compliance with SMC Chapter 14.12 – Collection of Information for Law Enforcement Purposes.)
  
• SWAT officers for CART (Chemical Agent Response Team) responsibilities and tactical response Prisoner processing for events where intelligence indicates civil disobedience or crowd violence will occur
  
• Intelligence Unit resources when there is a need for ongoing intelligence gathering and dissemination during the event

2. Develops contingency plan regarding staffing and tactics.
SPD task force callout criteria
Mutual aid callout criteria

3. Communicates each unit’s mission to the relevant sergeant or above

a. Approves unit plans

4. If feasible, contacts the demonstration organizer to discuss the Department response

5. Briefs the officers and sergeants

6. Remains in the field for consultation

a. Exception: The Incident Commander may establish a fixed command post for large-scale static or fixed-location events.

7. Debriefs sergeants and above

a. Collects Event Debrief Forms from the sergeants

8. Completes an After Action Report

a. Per Seattle Police Manual Section 14.010 – After Action Reports, writes a memo containing the following:

• Situation
  
• Mission objective
  
• Deployment information
  
• Chronological summary of the incident
  
• Enforcement actions
  
• Logistics
  
• Communications
  
• Critique

b. Routes the After Action Report and Event Debrief Forms to the Patrol Operations Bureau Chief

14.090–TSK–2  Responsibilities of the Sergeant

The sergeant

1. Develops methods or tactics that will be used to accomplish the mission

a. Submits plans to the Incident Commander

2. Debriefs assigned officers

3. Documents observations and suggestions on an Event Debrief Form (form 23.5)

a. Submits Event Debrief Forms to Incident Commander

4. Attends separate debrief with Incident Commander