MILWAUKEE POLICE DEPARTMENT STANDARD OPERATING PROCEDURE 910 - CIVIL DISTURBANCE AND CROWD MANAGEMENT GENERAL ORDER: 2017-31 ISSUED: December 11, 2017 EFFECTIVE: December 11, 2017 ACTION: Creates SOP REVIEW/APPROVED BY: Assistant Chief James Harpole DATE: November 16, 2017 WILEAG STANDARD(S): 13.1.1 910.00 PURPOSE (WILEAG 13.1.1) The purpose of this standard operating procedure is to establish guidelines for crowd control and management and preserving the peace during demonstrations and civil disturbances. 910.05 POLICY (WILEAG 13.1.1) It is the policy of the Milwaukee Police Department to effectively manage crowds during demonstration or civil disturbances to prevent loss of life, injury, or property damage and minimize disruptions to persons who are not involved. Members encountering such incidents shall adhere to this procedure to protect life, property, and the exercise of First Amendment rights. 910.10 DEFINITIONS A. CIVIL DISOBEDIENCE The refusal to obey laws in an effort to affect change and/or express a view point characterized by using passive resistance or other nonviolent means. B. CIVIL DISORDER Group acts of violence and/or disorder prejudicial to public safety, law, and good order. C. CIVIL DISTURBANCE An unlawful assembly that constitutes a breach of the peace or any assembly of persons where there is potential of imminent danger of collective violence, destruction of property, or other unlawful acts. These are typically, but not always, spontaneous occurrences requiring the emergency mobilization of police forces and related emergency services. D. CROWD CONTROL Techniques used to address civil disturbances, to include a show of force, crowd containment, dispersal equipment and tactics, and preparations for multiple arrests. General Order 2017-31 CIVIL DISTURBANCE AND CROWD MANAGEMENT Page 2 of 11 E. CROWD MANAGEMENT Techniques used to manage lawful assemblies before, during, and after the event for the purpose of maintaining their lawful status through event planning, pre-event contact with group leaders, issuance of permits when applicable, information gathering, personnel training and other means. F. DEMONSTRATION A lawful assembly of persons organized primarily to engage in First Amendment activity. These may be scheduled events that allow for law enforcement planning. They include, but are not limited to, marches, protests, and other assemblies intended to attract attention. Lawful demonstrations can devolve into civil disturbances that necessitate enforcement action. G. FIELD OPERATIONS COMMANDER The individual who has overall command of all field resources and is responsible for execution of the deployment plan. This individual carries out the orders and directives of the incident commander and coordinates with supervisory personnel assigned to the deployment. H. INCIDENT COMMAND The Incident Command System organizational element responsible for overall management of the incident and consisting of the incident commander (either single or unified command structure) and any assigned supporting staff. I. INCIDENT COMMANDER (IC) The individual responsible for all incident activities, including the development of strategies and tactics and the ordering and the release of resources. The IC has overall authority and responsibility for conducting incident operations and is responsible for the management of all incident operations at the incident site. J. NATIONAL INCIDENT MANAGEMENT SYSTEM (NIMS) A set of principles that provides a systematic, proactive approach guiding government agencies at all levels, nongovernmental organizations, and the private sector to work seamlessly to prevent, protect against, respond to, recover from, and mitigate the effects of incidents, regardless of cause, size, location, or complexity, in order to reduce the loss of life or property and harm to the environment. K. PEACEFUL DEMONSTRATION A gathering of people expressing a position in a cooperative manner without violation of the law. General Order 2017-31 CIVIL DISTURBANCE AND CROWD MANAGEMENT Page 3 of 11 L. RIOT A violent and out of control disturbance of the public peace by a statutorily defined number of people in violation of the laws of Wisconsin. Members shall refer to the MPD Quick Reference Guide to Protect Peaceful Assembly (form PP-13), which provides members with guidance regarding the applicable amendments to the United States Constitution and Milwaukee City Ordinances related to riots and unlawful assemblies. 910.15 PROCEDURES (WILEAG 13.1.1) A. MANAGEMENT AND ORGANIZATION PRINCIPLES 1. Government may impose reasonable restrictions on time, place, and manner in which persons engage in First Amendment activity. The Milwaukee Police Department shall place only those limitations and restrictions on demonstrations necessary to maintain public safety, preserve order and to the degree possible, facilitate uninhibited commerce and freedom of movement. 2. Organization of responsibilities shall be as follows: a. The Chief of Police, or designee, shall designate an incident commander (IC) responsible for overall control of a demonstration or civil disturbance. In accordance with the principles of the National Incident Management System (NIMS), the IC shall implement an incident action plan. b. In the case of a widely dispersed demonstration or disturbance, or event with multiple locations, multiple ICs may be assigned at the discretion of the Chief of Police, or designee. c. The IC shall be responsible for coordinating and understanding tactical plans and management details associated with planned demonstrations. 3. Primarily, the Incident Command System (ICS) and National Incident Management System (NIMS) protocols shall be used in crowd management and civil disturbances to ensure control and unified command. Modifications to these protocols may be made as necessary by the IC, or designee, based on the circumstances of the demonstration or civil disturbance. 4. The primary objectives of the IC at a civil disturbance shall be as follows: a. Protect persons, regardless of their participation in the disturbance; and protect property, life, and safety. b. Disperse disorderly or threatening crowds in order to eliminate the immediate risks of continued escalation and further violence. c. Arrest law violators and remove or isolate persons inciting violent behavior. General Order 2017-31 CIVIL DISTURBANCE AND CROWD MANAGEMENT Page 4 of 11 5. Supervisors and officers shall be briefed on what to expect and appropriate responses. The IC, or his or her designee(s), shall be responsible for ordering any response deemed appropriate. Field supervisors will ensure the appropriate response is carried out in accordance with the directions of the IC. All members shall at all times keep the IC via the command post informed of their personal observations and unit movements during the event. 6. It is the policy of the Milwaukee Police department to avoid making mass arrests unless necessary. 7. All event proceedings may be photographed and audio and video recorded. Members equipped with body cameras will activate cameras when actively engaged in the event. (WILEAG 13.1.1.1, 13.1.1.2) REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED General Order 2017-31 CIVIL DISTURBANCE AND CROWD MANAGEMENT Page 5 of 11 REDACTED REDACTED REDACTED C. USE OF FORCE REPORTING AND INVESTIGATION Established use of force reporting requirements in accordance with SOP 460 Use of Force are equally applicable to policing mass demonstrations and civil disturbances. However, reporting, documenting, and recording uses of force in the context of civil disturbances and mass demonstrations can be hampered by logistical and safety concerns. As such, the Internal Affairs Division (IAD) shall comply with the following protocols during such events: 1. At the discretion of the Chief of Police, members of IAD shall be assigned to the command post of the IC during a declared civil disturbance to coordinate and record force-related information and complaints. 2. Members of IAD shall investigate serious uses of force, as defined by the department, and complete a use-of-force report. 3. Members of IAD shall have full access to video and photographic records documenting law enforcement and crowd actions. (WILEAG 13.1.1.1) D. DEMONSTRATIONS - PREPARATION, PLANNING AND RESPONSE 1. The IC, or a designee, when time permits shall prepare a written action plan subject to the approval of the Chief of Police, or designee. The IC, or a designee, shall make every effort to communicate with the following while preparing for the demonstration: a. Key community leaders and stakeholders; General Order 2017-31 CIVIL DISTURBANCE AND CROWD MANAGEMENT Page 6 of 11 b. Faith based leaders; and c. Elected officials. REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED 3. Officers shall be deployed to monitor crowd activity. Sufficient resources to handle multiple unruly persons shall be available, depending on the fluidity of the situation and degree of actual or likely disruption. 4. Personnel shall wear their badges, nameplates or Major Incident Response Team (MIRT) identification numbers in a visible location on their person at all times. 5. Officers shall be positioned in such a manner as to minimize contact with the assembly. General Order 2017-31 CIVIL DISTURBANCE AND CROWD MANAGEMENT Page 7 of 11 6. Officers shall not engage in conversations related to the demonstration with or be prompted or act in response to comments from demonstrators. Officers shall maintain a courteous and neutral demeanor. 7. Persons who reside, are employed, or have emergency business within the area marked off by a police line shall not be prevented from entering the area unless circumstances suggest that their safety would be jeopardized or their entry would interfere with law enforcement operations. 8. The field supervisors shall establish and maintain communication with demonstration leaders and relay information on crowd mood, movement and intent to the IC. 9. Supervisors shall maintain close contact with their assigned officers to ensure compliance with orders, monitor behavior and disposition, and ensure that they are aware of any changes in crowd behavior or intent. (WILEAG 13.1.1.1) E. SPONTANEOUS EVENTS OR INCIDENTS The department must quickly restore order, prevent incidents from escalating, protect innocent citizens and isolate the incident. The National Incident Command System (ICS) shall be followed in responding to spontaneous events. 1. The first officer to arrive on the scene of a spontaneous civil disturbance shall: a. Observe the situation from a safe distance to determine if the gathering is currently or potentially violent; b. Notify the Technical Communications Division of the nature and seriousness of the disturbance, particularly the availability of improvised or deadly weapons, the location and estimated number of participants, current activities (e.g., blocking traffic), direction of movement, and ingress and egress routes for emergency vehicles; c. Request the assistance of a supervisor and necessary backup; d. Once a supervisor arrives that supervisor shall approach the crowd only if it would not present unnecessary risk, to instruct the gathering to disperse; and e. Attempt to identify crowd leaders and agitators engaged in criminal acts. 2. The first officer or supervisor in charge at the scene shall: a. Deploy officers at vantage points to report on crowd actions; b. Establish a perimeter sufficient to contain the disturbance and prohibit entrance into the affected area; General Order 2017-31 CIVIL DISTURBANCE AND CROWD MANAGEMENT Page 8 of 11 c. Ensure that, to the degree possible, uninvolved civilians are evacuated from the immediate area of the disturbance; d. Establish a temporary command post; and e. Provide ongoing assessment to communications. 3. In the area outside the perimeter, the IC shall ensure that the following actions are taken: a. Move and reroute pedestrian and vehicular traffic around the disorder. b. Control unauthorized ingress and egress by participants. c. Prevent attempts to assist or reinforce the incident participants from outside the area. 4. The IC shall also ensure that: a. Adequate security is provided to fire and EMS personnel in the performance of emergency tasks; b. Support and relief of personnel are available; c. A secure staging area for emergency responders and equipment is designated; d. Public Relations shall establish staging points for media representatives and provide available information as appropriate; e. The Technical Communications Division (TCD) shall make sure the event is logged in CAD for documenting activities and actions taken during the course of the incident; f. Photographs are taken and video recordings of event proceedings are made; g. Photographs are taken of any injuries sustained by law enforcement officers; and h. The need for full mobilization of MIRT officers and the recall of off-duty MIRT officers is determined. (WILEAG 13.1.1.1, 13.1.1.5, 13.1.1.6) F. CROWD DISPERSAL 1. Before ordering forced dispersal of a civil disturbance, the IC shall determine whether lesser alternatives may be effective. These alternatives include the use of containment and dialogue, as follows: General Order 2017-31 CIVIL DISTURBANCE AND CROWD MANAGEMENT Page 9 of 11 a. Establish contact with crowd leaders to assess their intentions and motivations and develop a mutually acceptable plan for de-escalation and dispersal. b. Communicate to the participants that their assembly is in violation of the law and that the department wishes to resolve the incident peacefully, but that acts of violence will be dealt with swiftly and decisively. Supervisors issuing dispersal orders shall do so in compliance with the MPD Quick Reference Guide to Protect Peaceful Assembly (form PP-3) as the member shall state, “I am (Rank, Name), a member of the Milwaukee Police Department, I hereby declare this assembly to be unlawful, and hereby order you to disperse. Refusal to disperse will be in violation of Milwaukee Code of Ordinances Section 105-1. If you do not disperse immediately you will be arrested.” c. Negotiate with crowd leaders for voluntary dispersal, or target specific violent or disruptive individuals for arrest. 2. Prior to issuing dispersal orders, in accordance with the MPD Quick Reference Guide to Protect Peaceful Assembly (form PP-3), the IC shall ensure that all potentially necessary law enforcement, fire, and EMS equipment and personnel are on hand to successfully carry out tactical operations and that logistical needs for making mass arrests are in place. REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED General Order 2017-31 CIVIL DISTURBANCE AND CROWD MANAGEMENT Page 10 of 11 REDACTED REDACTED G. MASS ARREST It is the policy of the department to avoid making mass arrests of persons when arrest avoidance is reasonable in the interests of safety and security. However, in a civil disturbance it may be necessary to make arrests of numerous individuals over a relatively short period of time. For this process to be handled efficiently, safely, and legally, the following shall be observed: REDACTED 1. Mass arrests shall be conducted by designated squads. Members should not enter a crowd alone. If possible, limit the number of arrests to ensure that arresting members are able to recall specific facts for incident reports. 2. A mobile arrestee staging area shall be designated for holding arrestees after being arrested and while awaiting transportation. 3. District shift commanders shall ensure that adequate detention space will be made available in the district in which the incident is occurring. 4. The incident commander shall ensure that an arrest team is designated to process all arrestees and that an adequate number of vehicles are available for that purpose. 5. Arrest teams shall be advised of the basic offenses to be charged in all arrests, and all arrestees shall be advised of these charges. 6. Arrestees who are sitting or lying down but agree to walk shall be escorted to the transportation vehicle for processing; two or more officers shall carry those who refuse to walk. 7. Arrestees shall be searched incident to arrest for weapons, evidence of the crime of arrest, and contraband. 8. Transporting officers shall not accept arrestees without a properly prepared Arrest / Conveyance Card (form PA-7) and shall ensure that all arrestee property is properly secured and transported with the arrestee. 9. Injured arrestees and those who request medical attention shall be provided medical attention prior to transportation to the detention facility. Photographs shall be taken of all injuries. (WILEAG 13.1.1.2) General Order 2017-31 CIVIL DISTURBANCE AND CROWD MANAGEMENT Page 11 of 11 H. DEACTIVATION When the disturbance has been brought under control, the IC shall ensure that the following measures are taken: 1. All personnel engaged in the incident shall be accounted for and an assessment and documentation made of personal injuries in accordance with SOP 010 Absence. 2. Witnesses, suspects, and others shall be interviewed or questioned. 3. All necessary personnel shall be debriefed as required as soon as practicable. 4. An after action report shall be completed as soon as possible after the incident to include a comprehensive documentation of the basis for the incident, the department’s response to the incident, with a statement of impact to include the costs of equipment, personnel, and related items. EDWARD A. FLYNN CHIEF OF POLICE EAF:mfk