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Metropolitan Police Department
Standard Operating Procedures for
Handling First Amendment Assemblies and
Mass Demonstrations
Revised: January 20, 2011
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TABLE OF CONTENTS
I.
INTRODUCTION……………………………………………………………..
4
II.
POLICY………………………………………………………………………...
4
III.
PLANNED/PERMITTED FIRST AMENDMENT ASSEMBLIES………..
6
IV.
UNPLANNED EVENTS………………………………………………………
7
V.
VIOLENT CIVIL DISTURBANCES………………………………………...
10
VI.
ORGANIZATION OF CIVIL DISTURBANCES…………………………...
13
VII.
COMMAND ASSIGNNENTS AND RESPONSIBILITIES………………...
14
VIII.
FULL MOBILIZATION OF PERSONNEL IN SUPPORT OF EVENTS...
16
IX.
OPERATIONAL PROCEDURES FOR MASS DEMONSTRATIONS…...
18
X.
CONSEQUENCE MANAGEMENT…………………………………
25
XI.
APPENDICES………………………………………………………………….
26
A. JOC/CIC Activation and Operations……………………………... A-1
Public Information During Large Scale Events and
B.
B-1
Demonstrations……………………………………………………
C. Mass Demonstration Event Log………………………………….. C-1
D. Warning Format for Mass Arrests………………………………... D-1
E. Pre-Mass Arrest Checklist………………………………………... E-1
F.
Mass Arrest Procedures…………………………………………... F-1
G.
Field Arrest Forms………………………………………………... G-1
H.
Mass Arrest Prisoner Processing and Control……………………. H-1
I.
Legal Charges for Unlawful Mass Demonstrations………………. I-1
J.
Rights Notification Forms………………………………………... J-1
K.
CDU Use of Force………………………………………………... K-1
Internal Investigations for Use of Force and
L.
L-1
Misconduct…………
First Amendment Assembly Provisions of the First Amendment
M.
M-1
Rights and Police Standards Act of 2004…………………………
N. Records Retention………………………………………………… N-1
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I.
INTRODUCTION
The Standard Operating Procedures (SOP) outlined in this manual are to ensure
that this department is prepared to respond effectively and efficiently in
accordance with applicable law and District of Columbia policy to any unlawful
conduct occurring in the context of First Amendment assemblies. These SOP’s
incorporate revisions to the manner in which the Metropolitan Police Department
responds to demonstrations and other assemblies on District of Columbia public
space that the District has implemented in resolving litigation. This manual also
reflects measures mandated by the First Amendment Rights and Police Standards
Act of 2004.
This handbook sets forth general policy and shall serve as standard operating
procedures for all members in carrying out the mission of the Metropolitan Police
Department in dealing with all demonstrations, rallies, marches, picket lines, or
other similar gatherings conducted for the purpose of persons expressing their
political, social, or religious views. This policy is intended to exceed
constitutional requirements and satisfy the heightened requirements of local
statutory law and best practices.
The manual also is designed around the concept of operational flexibility within
the requirements of the National Incident Management System. It is impossible
to devise specific standard procedures for handling all possible situations, for
each has its own characteristics and problems. The overall police philosophy must
be one of moderation, flexibility and controlled response. Since each situation is
unique, both commanders and supervisory officials must plan to respond
according to the nature and size of the crowd. The tactical procedures established
within this manual are a guide, and not a substitute for the exercise of sound
judgment and proper command and supervision within the context of general
departmental policy.
It is imperative that members of the force understand the role of the Metropolitan
Police Department during mass demonstrations and major disturbances in our city
and the manner by which the department prepares itself to fulfill this role. It is to
this end that this handbook is dedicated.
II.
POLICY
A.
Statement of Policy
It is the declared policy of the District of Columbia that persons and
groups have a right to organize and participate in peaceful First
Amendment assemblies on the streets, sidewalks, and other public ways,
and in the parks of the District of Columbia, and to engage in First
Amendment assembly near the object of their protest so they may be seen
and heard, subject to reasonable restrictions designed to protect public
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safety, persons, and property, and to accommodate the interest of persons
not participating in the assemblies to use the streets, sidewalks, and other
public ways to travel to their intended destinations, and use the parks for
recreational purposes.
It is the statutory responsibility of the Metropolitan Police Department to
preserve the public peace, to prevent crime, arrest offenders, and to protect
the rights of persons and of property. As part of this responsibility, the
department provides trained personnel to respond to the scene of First
Amendment assemblies in our city in order to preserve peace while
protecting the constitutional and statutory rights of people to assemble
peacefully and exercise free speech. In fulfilling these responsibilities, the
department will make reasonable efforts to employ non-arrest methods of
crowd management as the primary means of restoring order. Should such
methods prove unsuccessful, arrests shall be made for violations of the
law. All arrests shall be based on probable cause, and arresting officers
shall use only the minimum necessary force to make and maintain the
arrest. To the extent possible under the circumstances, arrests shall be
made in an organized manner by units at the direction of the Chief of
Police or his/her designee. All arrests shall be fully documented.
Prisoners shall be safeguarded and adequately cared for, and shall be
expeditiously processed for court or release.
The Council for the District of Columbia has enacted the First
Amendment Rights and Police Standards Act of 2004. This act
contains First Amendment Assemblies provisions that control this
department’s responses to demonstrations. The Metropolitan Police
Department shall comply with all provisions of this act while providing
police services during any First Amendment event. The First Amendment
Assemblies provisions are contained within Appendix M.
It is the policy of MPD to index, retain and store all documents (originals
and copies) for a period of no less than three (3) years. The provisions for
the records retention are contained within Appendix N.
B.
Organizational Policy
The Chief of Police, or an official or officer designated by him/her
Directly, through operation of the chain of command, by virtue of
deployment of personnel pursuant to an operational plan or in response a
First Amendment assembly, or lawful order, will be the Incident
Commander at scenes of First Amendment assemblies.
Incident Command responsibility, once established, does not pass from
one officer or official to another simply by virtue of the appearance or
arrival at the scene of a First Amendment assembly of an official senior in
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rank to the officer or official operating as the Incident Commander.
Incident Command responsibility passes in such instances only upon
acceptance of that responsibility by the senior official.
III.
PLANNED/PERMITTED FIRST AMENDMENT ASSEMBLIES
Planned events are those that the department is aware of in advance, either
through the submission of a permit request or other means that allow for the
advance planning of resources and response procedures. When large-scale
planned/permitted First Amendment assemblies are anticipated:
1.
The Chief of Police will designate command official(s) to serve as
Area or Incident Commander(s) at various sites to manage events.
2.
During First Amendment protected demonstrations, Incident
Command responsibility, once established, does not pass from one
officer to another simply by virtue of the arrival of a member of
higher rank. Incident Command responsibility passes only in such
instances when the higher-ranking official assumes command and
informs the lower ranking official.
3.
The Commander, Special Operations Division, under the direction
of the Chief of Police, is responsible for preparing the necessary
details and tactical plans for events that are scheduled to occur
within the District of Columbia. In this capacity he/she shall:
a.
Coordinate all aspects of the event plan with the affected
elements, units and personnel;
b.
Coordinate activities with other law enforcement, D.C.
Government and federal agencies, as necessary; and
c.
Designate liaison officers to deal with demonstration
leaders before, during, and after the demonstration.
4.
Planning Committees
In order to perform its mission of protecting the rights of
demonstrators, counter-demonstrators, and non-demonstrators
alike, it is the policy of the MPD to engage in advance planning to
facilitate demonstrations where the Department is provided
advance notification through the permit application process or
learns of a planned First Amendment assembly.
Creation of various subcommittees: The subcommittees that are
convened will be dependent upon the type of event being handled.
The Responsibilities of each committee shall be at the discretion
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of the Commander, Special Operations Division.1 The following
committees shall be considered when planning for an event:
• Venue Security
• Sanitation
• Crisis Management
• Consequence Management
• Transportation
• Traffic
• Legal
• Media Relations
IV.
UNPLANNED EVENTS
Unplanned events are ones of which the Department has no prior
knowledge. Such events may consist of spontaneous gatherings and/or large-
scale demonstrations. Unplanned events are often peaceful and pose little
problem for law enforcement; however, peaceful gatherings can turn violent, so
contingency plans must be in place for members to respond as necessary to
safeguard life and property.
Response to Un-permitted First Amendment Assemblies
The first officer(s) to arrive on the scene of a First Amendment Assembly is
responsible for the following actions:
1.
Observe the situation to determine if the gathering is peaceful or
has the potential to turn violent.
2.
Notify the CIC and the Office of Unified Communications (OUC)
of the nature and size of the assembly and request the assistance of
a supervisor.
1 The Commander of the Special Operations Division will serve as a liaison officer to city, federal
and other
law enforcement agencies in the manner set forth in GO-RAR-310.04 Mutual Aid
Agreements.
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3.
Attempt to identify and make contact with the group organizers or
leaders to determine the duration of the event, the number of
persons expected to attend and if civil disobedience is anticipated
or planned.
4.
If criminal activity has occurred, attempt to identify those
individuals who were involved.
In large gatherings the SOD Commander or on-duty SOD Official shall be
requested to respond to the scene. If an SOD Official is unavailable, the District
Watch Commander shall respond to the scene and assume command of the
demonstration as the Incident Commander (IC). However, Incident Commander
Responsibilities outlined below apply regardless of rank and should be
implemented as soon as possible.
Incident Commander Responsibilities
The primary responsibility of the IC is the rapid assembly of sufficient staffing to
provide a safe environment for the gathering and ensure that disruptions to the area
are minimized. As such the IC should immediately:
1.
Assess the situation for seriousness and its potential for
escalation. If the assembly is peaceful and adequate resources are
available, efforts should be made to allow for the protest action to
continue, by redirecting vehicular and pedestrian traffic around the
incident.
2.
Ensure that the following information about the incident is
continuously provided to the dispatcher and the CIC:
Location of disturbance.
Number of participants.
Activities of the participants (e.g., blocking
traffic, destruction of property, etc.)
Direction of movement of the participants.
Ingress/egress route(s) for emergency
vehicles.
3.
If a peaceful assembly escalates to a civil disturbance
beyond the capacity of personnel then present to effectively handle
the situation, the official in charge shall:
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Make an evaluation as to the additional manpower
required to manage the situation.
Notify the Communications Division as to the situation.
Determine if a partial or full activation of CDU
personnel will be necessary.2
Determine if a recall of off-duty personnel may be
necessary.3
Determine the level of personal protection equipment to
be utilized and the tactics employed in response.
4.
Members of the Metropolitan Police Department are
reminded that the charge of “Parading without a Permit” is not an
offense and shall not be used to detain anyone.
Violent and Non-Violent Civil Disobedience
Civil disobedience may involve groups of individuals who engage in unlawful
conduct. This conduct may be non-violent, such as blocking traffic or the entry to
a building or it may be violent involving property damage or assaults on officers.
In either case, the IC has several options for dealing with the group(s) involved:
• Issuance of formal orders to disperse using public address equipment
to assure notification to all leaders and crowd members, and to maximize the
legal effects of such notifications.4
• Use of tactical maneuvers and other crowd management formations to
promote dispersal of those acting in violation of the law through the
application of force.
• When necessary, arrests based on probable cause of those participating
in violations of law.
• Use of less-than-lethal weapons.
2 Activating Civil Disturbance Units shall be done in accordance with G.O. 805-1 Civil Disturbance
Units.
3 Recall of personnel to respond to a disturbance shall be handled in accordance with G.O. OPS-
803.04
Emergency Response Plan.
4 When possible, dispersal orders shall be given using the “warning format” in Appendix D.
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V.
VIOLENT CIVIL DISTURBANCES
Unplanned civil disturbances may arise from a number of causes such as political
grievances, economic conflicts, community unrest, or in response to police action
taking place in neighborhoods, or in the midst of a crowded street, park or public
place. Civil disturbance participants come from all walks of life and cover the
entire political spectrum.
Whenever an unplanned First Amendment assembly arises, the first officer on the
scene will serve as the initial incident commander. That member will be
responsible for conducting an assessment of the scene, notifying the CIC and the
element Watch Commander of the situation and requesting assistance from the
Special Operations Division.
The basic human element sparking a civil disturbance is usually the presence of a
crowd. Civil disturbances usually arise when a crowd:
1.
Gathers to air grievances on issues, and transfers its anger from the
issues to the people dealing with the issues.
2.
Swells uncontrollably as curious bystanders and sympathetic
onlookers join forces with the activists or protestors.
3.
Is incited to irrational action by skillful agitators.
In civil disturbances, crowds employ any number of tactics to achieve their goals.
Their tactics may be unplanned or planned, non-violent or violent confrontations.
As indicated, the situations that could evolve into a violent civil disturbance are
numerous and varied. Often there will be little or no warning before the onset of
violence or property damage. In a few instances, it may be possible to predict a
level of civil disorder by the nature of a pre-planned event. However, each civil
disturbance situation is unique and commanders and supervisory officials must,
therefore, plan and respond according to the nature and size of the disturbance.
The policies and procedures presented in this SOP are based upon the concept of
operational flexibility, and it is expected that officials will exercise sound
judgment and proper command and supervisory responsibility in the control of a
civil disturbance.
In a violent Civil Disturbance the primary objectives of the Incident Commander
will be to:
• Protect persons, including non-participants and participants alike, and
property at risk.
• Disperse disorderly or threatening crowds in order to eliminate the
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immediate risks of continued escalation and further violence.5
• Deploy personnel to isolate and contain the people within a crowd
who
are acting unlawfully.
• Effect the arrest based on probable cause of those individual law
violators.6
It should be noted that if dispersal orders are to be given in a First Amendment
assembly, the officer issuing the order shall do so at least once (three warnings
should be given absent exigent circumstances), using an amplification device, and
allow for a reasonable amount of time for the participants to disperse.
In the area outside the perimeter surrounding the disorder site, the Incident
Commander will:
• Move and reroute pedestrian and vehicular traffic around the disorder
area.
• Limit access to the disorder area only to those persons approved by the
Incident Commander.
• Control unauthorized egress from the disorder area by participants
who
are subject to arrest based on probable cause.
• Repulse attempts to assist or reinforce the incident participants from
outside the area.
The Incident Commander will establish a Field Command Post at or near the
location of the disorder, from which he/she will control and coordinate police
tactical operations. A staging area will also be established for all responding
emergency personnel and equipment. Deployment of the personnel and
equipment into the disorder area will be at the express direction of the Incident
Commander.
Authorization of Personal Protective Clothing
5 General orders to disperse a First Amendment assembly shall not be given unless a significant
number of the participants fail to adhere to reasonable restrictions or a significant number of the
participants are engaging in, or are about to engage in, unlawful disorderly conduct or violence
towards persons or property. Dispersal orders may also be given when a public-safety emergency
has been declared by the Mayor and the Chief of Police or his/her designee determines that the
emergency is sufficient to require the dispersal of the assembly.
6 Police lines should not be used to encircle demonstrators unless it is necessary for their protection or
a decision has been made to arrest those participants that are being isolated.
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The Incident Commander shall authorize the wearing of hard personal protection
equipment (such as helmets, gloves, chest protectors, shin guards. etc.) only when
the donning of such equipment is consistent with the District policy on First
Amendment assemblies (Appendix M) and only where there is a danger of
violence.
Following any deployment of officers in personal protective clothing, the Incident
Commander shall make a written report to the Chief of Police within 48 hours and
that report shall be available to the public on request.
Mobilization of Personnel
Upon being informed of a civil disturbance and the need for the mobilization of
personnel, the Chief of Police or his/her designee shall review and evaluate all
information pertaining to the civil disorder and make a determination as to which
level of mobilization shall be implemented (adhering to the guidelines of G.O.-
OPS 803.04 (Emergency Response Plan)).
Upon being notified that the Department has implemented one of the mobilization
levels, each Assistant Chief of Police and Senior Executive Director shall ensure
that all officials under his/her command are notified and carry out their duties and
responsibilities as required.
The Metropolitan Police Department is the primary law enforcement authority
during an unlawful assembly or riot situation in the District of Columbia.
Assistance may be obtained from other city departments and from law
enforcement mutual aid and military assistance agreements as necessary.7
Providing Security for D.C. Fire/EMS and Other Responders
The Incident Commander shall ensure that all necessary police security will be
provided to D.C. Fire and Emergency Medical Services Department personnel, as
well as to other medical and public utility responders, to ensure their safety within
the disorder area while performing emergency tasks.
Note: these procedures deal with spontaneous occurrences, not planned events where police
control forces and command structure are already in place; however, these policies and
procedures are
applicable to a planned event which degenerates into an unlawful
assembly or riot.
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VI.
ORGANIZATION OF CIVIL DISTURBANCE UNITS
The organizational structure of the Civil Disturbance Units (CDU) is designed to
facilitate command, control and communication. Additionally, the structure
allows for authority and accountability. In compliance with the National Incident
Management System (NIMS), the Civil Disturbance Platoons8 will be organized
as follows:
• CDU Squad:
Seven officers commanded by one
Sergeant
• CDU Platoon:
Four squads commanded by one
Lieutenant
• CDU District:
A Number of platoons from the same
patrol district. The district’s staffing
levels determine the total number of
platoons required.
• District CDU Commander:
The Captain in command of all CDU
Platoons from one district.
The Patrol Districts shall maintain a total of twenty-eight (28) CDU Platoons.
Additional CDU platoons shall be maintained by non-patrol units at the direction
of the Chief of Police. The platoons are assigned numerical designations based
on their Patrol District and Platoon number. Each district shall maintain a certain
number of platoons based on the Patrol District’s staffing levels, which will be
organized as follows:
•
(1) Scooter/Mountain Bike Platoon
•
(1) Car Platoon:
• All remaining platoons shall be denoted as foot platoons and will be
provided vans or buses during deployments.
Each platoon can perform any crowd control formation currently used by the Department.
8 NIMS also requires the common terminology of all police resources. In this case MPD’s CDU
Platoons will be considered Mobile Field Forces (MFF).
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Each platoon is designed with the same squad functions:
•
1st and 4th Squads
Base squads for crowd control formations.
•
2nd and 3rd Squads
Support squads for the platoon.
Each squad shall have two (2) grenadiers. The CDU Captains from each District will be
responsible for ensuring that all grenadiers are certified in the use of all departmental less
lethal and chemical weapons.
Total MPD CDU Staffing
Captains
7
Lieutenants
28
Sergeants
112
Officers
784
Total:
921
Special Operations Division Personnel
All members of the Special Operations Division are required to be CDU certified and
shall be considered operational resources during CDU activation.
VII. COMMAND ASSIGMENTS AND RESPONSIBILITIES
During periods in which the Department is fully mobilized for mass
demonstration operations, the following command assignments and
responsibilities shall be in effect:
1.
Chief of Police: As the Commanding Officer of the Metropolitan
Police Department, the Chief shall oversee all police activities
during CDU activation.
2.
Assistant Chief, Chief of Staff, Executive Office of the Chief of
Police: Shall assist the Chief of Police.
3.
Assistant Chiefs: Shall be assigned specific duties and
responsibilities as designated by the Chief of Police.
4.
Assistant Chief, Homeland Security Bureau: Shall have
command authority over all arrangements and activities within the
Homeland Security Bureau, to include the coordination and
operational functions specific to the Intelligence Unit, the Special
Operations Division and the Civil Disturbance Unit.
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5.
Commander, Special Operations Division: Is designated as the
CDU Commander and shall coordinate, command and direct all
CDU and SOD activities. The SOD Commander will manage all
traffic control activity and demonstrator activities, and shall
coordinate the collection and dissemination of pertinent
demonstration and/or civil disturbance-related information.
6.
Commander, Criminal Investigations Division: Shall manage all
plainclothes details and assume operational control of the JOCC
and CIC operation.
7.
Director, Metropolitan Police Academy: Shall provide staff
from the Media Productions Unit for the purpose of videotaping
any situation that might later be of legitimate value to the
Department.
8.
Commander, Narcotics and Special Investigations Division:
Shall be tasked with coordinating and implementing operations for
prisoner processing for mass arrests.
9.
Director, Evidence Control Branch: Shall implement emergency
property receiving procedures for processing property taken into
custody during mass demonstrations and civil disturbances. Also
is responsible for coordinating and implementing the feeding of
police personnel.
10.
Office of the Chief Financial Officer: Shall arrange for specific
procurement of items and equipment required during the course of
operations.
11.
General Counsel: Shall provide field assistance to the Chief of
Police and other command personnel, and perform liaison
functions with courts, the Office of the U.S. Attorney, the Office of
the Attorney General, bar associations, and other legal
organizations as applicable. The General Counsel shall coordinate
the implementation of court orders pertaining to the Department
and responses to inquiries from judges and other members of the
legal community. All court orders and inquiries from judges shall
immediately be brought to the attention of the Chief of Police and
the General Counsel.
12.
Official in charge of the CIC/JOCC: Shall ensure that the Joint
Operations Command Center (JOCC) is prepared to handle major
events and ensure that video capabilities and downlink for Falcon
are operational and proper staffing is on hand to record and
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coordinate the movement of personnel. (Appendix A)
13.
Outside Agency Command Posts or Emergency Operations
Centers: A number of command officials who are trained to
serve as Emergency Liaison Officers (ELO) shall be used to staff
the various command posts that may be established during large
events (US Capitol Command Center, US Secret Service
Command Center and the EMA Emergency Operations Center,
etc.)
14.
Non-CDU Captains and/or Inspectors: Shall be trained as
Emergency Liaison Officers (ELO’s) to operate in an Emergency
Operations Center (EOC) environment. During event planning
EOC assignments shall be made from this trained cadre.
VIII. FULL MOBILIZATION OF PERSONNEL IN SUPPORT OF
EVENTS
When a full mobilization of personnel is necessary to support large events or First
Amendment assemblies the following units shall provide support as enumerated
below:
Force Investigation Team (FIT)
The Office of Professional Responsibility has the responsibility for monitoring,
assessing, and investigating allegations or instances of misconduct and/or use of
force through the Force Investigation Team (FIT) of the Internal Affairs Division
(IAD). The FIT shall investigate all incidents involving the use of force arising
from a First Amendment Assembly according to the procedures outlined in
Appendix L.
Specialized Equipment Support Unit (SESU)
The Metropolitan Police Department’s Specialized Equipment Support Unit
(SESU) was established to assist CDU platoons and arrest teams in removing
protesters from improvised locking devices. By employing devices made from
cement, steel, wood, and other materials, protesters intentionally block roadways,
entrances to public/private property, and resist arrest.
SESU members are trained, certified and equipped with special extracting tools to
defeat improvised locking devices used by demonstrators. When it is apparent
that demonstrators have locked themselves into improvised locking devices, the
platoon commander shall notify the JOCC that the services of SESU are needed.
Medical Services Division
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The purpose of the Medical Services Division is to facilitate the health and
welfare of all members by taking reasonable steps to provide medical assistance is
available to them during times of large demonstrations. Where CDU has been
activated, the optional sick leave program may be suspended. When those
conditions are in place, the following procedures shall be adhered to:
All members reporting sick are required to report to the Medical Services
Division for an evaluation. During the hours when the Medical Services Division
is closed, members reporting sick shall respond to the Providence Hospital
emergency room for evaluation. Members reporting for evaluation at the Medical
Services Division or the hospital emergency room shall respond attired in the
uniform of the day and have in their possession all necessary equipment to
assume their duty assignments.
Explosive Ordinance Unit
Members should abide by the procedures outlined in GO-RAR - 309.2 (Bomb
Threats and Explosive Devices), GO-RAR - 802.04 (Hazardous Material
Incidents) and CIR-02-09 (Hazardous Materials Information) for a more
detailed list of duties and responsibilities regarding suspicious packages, and
unknown substances.
D.C. Fire and Emergency Medical Services Department
When it has been determined that a civil disturbance of major proportions is
contemplated or underway, a request will be made to the District of Columbia
Fire and Emergency Medical Services Department (DCFEMS) to provide the
necessary units and assistance to be staged for response to medical requests.
Whenever medical treatment is required for police officers as a result of a civil
disturbance, a written and photographic record shall be made of all injuries to
police officers in accordance with GO-RAR- 201.14 (Photographing Injured
Police Officers). When the injury is the result of an assault and an arrest has been
made for an "Assault on a Police Officer," the case shall be processed in
accordance with the provisions in GO 701.3 (Handling Assaults on Police
Officers).
Relief and Feeding of Personnel
Each unit commander shall be responsible for arranging a schedule of relief for
personnel under his/her command. In this regard, commanders shall arrange a
location where food and facilities will be available to their personnel. Every
effort shall be made to ensure that personnel are given a period of relief as
conditions allow.
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The official designated in charge of the Commissary Detail shall arrange for the
delivery of food and beverages to pre-determined locations at pre-determined
times. Should a subsequent feeding of personnel become necessary, and it is
necessary to change the delivery locations, the official shall coordinate through
the Incident Commander those locations most accessible to personnel.
IX.
OPERATIONAL PROCEDURES FOR MASS DEMONSTRATIONS
Mass demonstrations and circumstances or events surrounding them do, on
occasion, give rise to situations in which substantial numbers of persons engage
in unlawful conduct jointly or simultaneously within close proximity of one
another.
It is the policy of the Metropolitan Police Department to ensure that persons may
enjoy free and open expression in this city with the utmost confidence that their
constitutional rights will be respected.
Accordingly, it is the policy of the Metropolitan Police Department to avoid
making arrests of substantial numbers of persons in response to such incidents,
when arrest avoidance is reasonably possible in the interests of safety and
security.
To implement these policies, this manual sets forth procedures and guidelines to
be employed in policing large First Amendment assemblies (mass
demonstrations). These procedures apply in circumstances in which, by virtue of
the number of persons acting jointly or simultaneously within close proximity,
there exists a reasonable likelihood that MPD personnel, in accordance with the
requirements of the United States Constitution, may have to:
1.
Direct those persons to cease and desist in their activities and to
disperse from the location for reasons of safety and security, or
2.
Direct the arrest of such a substantial number of persons for
reasons of safety and security that arrest processing of those
individuals could not reasonably be anticipated to be accomplished
within four (4) hours of the time of arrest, through routine
processing measures.
Preparation for Events that may Result in Mass Arrests
In some cases, groups planning to engage in illegal conduct will make their
intentions known in advance. In such cases, the Department shall ensure that the
necessary resources and staffing are in place to respond to such events while
minimizing the disruption to routine police services. In these cases, contingency
planning for mass arrests shall include the following:
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1.
The Commander, Special Operations Division, shall coordinate all
planning relative to the Department's preparation for responding to
a mass demonstration.
2.
The Department's response will be based on the best available
information as to the size, purpose, and expected type of activity of
those participating in the demonstration. Other essential elements
of information necessary to effectively plan the Department's
response are:
Time and location of demonstration.
Special circumstances of individuals involved (special needs,
disabled, etc.).
Estimated number of participants.
Identity of demonstration leaders.
Assembly areas.
Plans and expected activities of the demonstrations.
3.
Every effort shall be made to obtain the above information during
advance negotiations with the leaders of the demonstration.
4.
The Commander, Special Operations Division, will provide an
evaluation based on information received by that division.
5.
After evaluating and determining the type and level of activity to
be expected during the demonstration, the Commander, Special
Operations Division, will prepare a departmental action plan that
sets forth particulars by which the Department will deal with a
specific event. The plan shall contain provisions for the following:
• Command assignments and responsibilities.
• Manpower, unit structure, and deployment.
• Liaison with demonstration leaders.
• Liaison with external agencies.
• Release of information to the news media.
• Transportation and feeding of personnel.
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• Traffic arrangements.
• First aid stations and ambulances.
• Re-deployment of vehicles.
• Prisoner detention areas.
• Transportation and feeding of potential arrestees.
• Reiteration of the policies regarding arrests, the use of
Field Arrest Forms, and the use of force.
6.
The Commander, Special Operations Division, shall disseminate
copies of the action plan to all supervisory officials and establish
an Incident Command Post at or near the location of the event for
the purpose of providing command, control, and coordination of
the event.
7
Each CDU Commander shall be designated a specific staging area,
from which the operations of the unit can be coordinated with
subordinate and superior officials.
8.
CDU Commanders shall ensure that all subordinate
officials and officers are wearing their badges and
nameplates properly and that badge numbers and
nameplates are not concealed, damaged, or tampered with,
so as to interfere with the ability of the officer to be
identified in compliance with G.O. 1101.1 (Personal
Appearance, Uniform and Equipment).
Additionally, when officers are directed to don CDU
protective gear, the CDU Commander (or appropriate
supervisor) shall ensure that all officers have their assigned
badge numbers affixed to their helmets and are reminded
that officers are prohibited from removing or tampering
with their badges or nameplates and are required to
verbally identify themselves when asked their identities.
Crowd Management
a.
Where the threat of violence is expected, a minimum number of
personnel shall be positioned as crowd managers.
20
b.
These members shall be dressed in the uniform of the day.
c.
They shall be positioned, where possible, in such arrangements
that
physical contact with the assemblage can be kept to a minimum.
d.
It shall be their task to assess the mood of the crowd and to
respond
to changes in crowd behavior as directed by the Incident
Commander. Accordingly, it is important that supervisors are
aware of the type of crowd that is being managed; and that
members are reminded at the staging site on what to expect from
the participants and what types of alternative responses the
members may anticipate. Absent exigent circumstances, the
Incident Commander will determine the type of response deemed
necessary; causing the unit to act in concert following his/her
direction.
e.
Members shall not engage in demonstration-related discussion
with
participants. They shall conduct themselves so as to display an
attitude of neutrality. However, members shall be courteous and
helpful, mindful that expressions of friendliness are a valuable tool
in maintaining peace. Communication is an essential tool in crowd
management. It ensures unity of action among police officers, and
that police officials and crowd leaders understand one another. It
must be constant, clear, and immediate, and on many occasions,
can serve to defuse threatening situations.
f.
Supervisors shall constantly observe and speak with members
under their charge to ensure that they are complying with the
orders of the unit commander that they are completely aware of
probable responses to crowd attitude change, and that members
who are showing strain are provided temporary relief.
g.
CDU Commanders shall establish communication with
demonstration leaders as soon as possible, and maintain the same
as a sign of cooperation, as a means of obtaining first-hand
knowledge of crowd mood, and as a tool to facilitate negotiations
and maintain the peace.
21
Crowd Dispersal
When the intensity level of a crowd rises and unlawful disruption, either through
violent or passive means, is occurring to the extent that the Incident Commander
determines there is a need to take police action, he/she will instruct the affected
CDU commanders to issue warnings to the crowd to disperse. In issuing such
warnings the following procedures shall be utilized by CDU commanders.
(Appendix D)
Issuance of Warnings
Whenever possible, an official deeming it necessary to issue warnings shall
confer with the unit commander to explain the official’s basis for believing that a
warning should be issued. The commanding officer shall make any inquiries
necessary to satisfy himself or herself whether the issuance is justified and direct
that the issuing official act accordingly. This process is to be repeated as
necessary during the course of the demonstration.
The issuance of warnings shall be of such amplification and
repetition that are reasonably calculated so as to be heard by the
entire assemblage.
The unit commander or that commander’s designee shall issue the
warnings from stationary vantage points that are observable to the
crowd.
Additional warnings, where necessary, shall be given from police
vehicles, equipped with public address systems, moving around the
crowd.
The warning shall consist of an announcement citing the offenses
or violations that are being committed by the participants, and a
request or order, whichever is applicable, that the crowd disperse.
To ensure clarity, accuracy and consistency the warning shall be
issued, whenever possible, using the “MPD Dispersal Order”,
which is attached as Appendix D.
The entire warning process shall be documented by means of an audio-visual
recording, if available. If this is not available, then written documentation must
be retained and made a part of any arrest files. (Appendix D)
22
Verbal Persuasion
As a first means of dispersing a crowd under static conditions, the unit
commander shall attempt to verbally persuade the crowd to disperse of its own
accord by announced available exit routes.
Arrest
An assembly of persons will not be arrested simply because the group does not
possess a permit. Such an arrest may only occur after an order to disperse has
been clearly communicated in a manner that is reasonably calculated to be heard
by each of the persons in the group and a reasonable opportunity to disperse has
been afforded, but not utilized by members of the assembly.
The issuing official shall recommend to the Incident Commander whether arrests
should be made. If the issuing official recommends that a mass arrest be
commenced, the Incident Commander shall satisfy himself or herself that
probable cause exists for the arrest of each person to be arrested. The Incident
Commander should make the inquiries reflected on the “Pre-Mass Arrest
Checklist” in order to verify that a mass arrest is proper and lawful. (Appendix
E)
The arrest of every person must be supported by probable cause. An issuing
official shall not recommend the arrest of any person unless probable cause to
support the arrest of that person exists. The Incident Commander shall not order
the arrest of any person for whom he or she has not verified the existence of
probable cause to arrest.
The number of warnings given, the method used, and the time intervals between
warnings, shall be recorded on the commander's log. Documentation of the
procedures shall be made pictorially and audibly, if possible. The documentation
of procedures must reflect the availability and location of exit routes available to
the crowd, and of any persons who leave the area.
Commander's Event Log
The Incident Commander and Unit Commanders (Platoon Lieutenants) shall
designate one member of his/her unit to serve as the unit recorder for the purpose
of entering on the Commander's Mass Demonstration Event Log all significant
events associated with the operation of the unit. (Appendix C) Entries into the
log will be made at the direction of the unit or Incident Commander. When it
becomes necessary for subordinate supervisory officials to initiate any
independent action, or engage in or observe events that could be considered
significant, they shall, as soon as possible, advise the unit commander for
inclusion into the commander's log. Examples of events warranting entry into the
log would be:
23
1.
Occasions requiring the use of force. Entries shall include the
circumstances, type of force used, duration, and effect.
2.
Tactical orders issued to personnel.
3.
Orders received from higher authority.
4.
Significant acts on the part of the demonstrators.
5.
Incidents involving mass arrests.
6.
Complaints alleging serious police misconduct.
7.
Issuance of warnings for mass arrests.
Termination of Mass Demonstrations Details
When conditions have subsided, the Incident Commander shall survey the
affected areas and determine whether additional police personnel are still needed
at a particular location. If it is determined by the Incident Commander that no
further police action is required, other than normal patrol, the detail shall be
terminated.
Accountability of Equipment
Prior to relieving members of their command, unit commanders shall cause items
of equipment that were issued by the SOD/CDU Storeroom to be accounted for
and returned to that unit within the required due date and time. This is to include
coordination with the SOD/CDU Storeroom to return any rented vehicles.
District, division and platoon commanders shall prepare an After-Action Report
and submit it to the Special Operations Division Commander, within five calendar
days of the return to normal operations.
The After-Action Report shall contain a list of all events that occurred in
chronological order to include:
The date and time that each event occurred.
Brief description of the event.
Unit action(s) taken.
Outcomes, such as number of persons arrested.
24
A complete and detailed report of:
o Problem areas encountered.
o Highlights of significant events and unsatisfactory
conditions.
o Any recommendations for improvement.
o Negative reports are required.
X.
CONSEQUENCE MANAGEMENT
In the event that damage or destruction occurs within the District of Columbia,
either at the hands of demonstrators or as a result of an unrelated incident, the
District of Columbia Emergency Management Agency (DCEMA) will be the lead
agency coordinating the city’s response to incidents of man-made destruction,
instances of power, water or infrastructure failure or natural disasters. DCEMA
will have rapid response teams available to respond to spilled debris, broken
windows or scenes requiring emergency repairs. DCEMA will have immediate
access to the various utility companies in case they are required for emergency
situations. DCEMA will also coordinate the removal of excessive trash or other
debris in areas where it may create hazards with possible demonstrator activities.
Requests for the services of DCEMA can be made through the JOCC or CIC,
which will coordinate with the MPD representative assigned to the DCEMA
Command Post.
25
APPENDICES
A. JOC/CIC Activation and Operations……………………………... A-1
Public Information During Large Scale Events and
B.
B-1
Demonstrations……………………………………………………
C. Mass Demonstration Event Log………………………………….. C-1
D. Warning Format for Mass Arrests………………………………... D-1
E. Pre-Mass Arrest Checklist………………………………………... E-1
F.
Mass Arrest Procedures…………………………………………... F-1
G.
Field Arrest Forms………………………………………………... G-1
H.
Mass Arrest Prisoner Processing and Control……………………. H-1
I.
Legal Charges for Unlawful Mass Demonstrations………………. I-1
J.
Rights Notification Forms………………………………………... J-1
K.
CDU Use of Force………………………………………………... K-1
Internal Investigations for Use of Force and
L.
L-1
Misconduct…………
First Amendment Assembly Provisions of the First Amendment
M.
M-1
Rights and Police Standards Act of 2004…………………………
N. Records Retention………………………………………………… N-1
26
Appendix A
JOCC/CIC Operations
A-1
The JOCC/CIC/IOCC will be established in accordance with the guidelines set forth in
GO-RAR - 803.06 (Activation and Operation of the Command Information Center).
Mass Demonstration First Amendment Gathering
Work Flow
First Responder
CIC/JOCC
Information Gathering
• Number of persons/protestors
• Name of group
• Status of persons/protestors (i.e., Peaceful, Unruly,
etc.)
• Name of reporting member
• Watch Commander and contact number of affected
district.
Command Staff (Page Notification)
• COP/EAC Paging Group
• General Counsel
• SOD Officials
• Night Supervisor & Watch Commanders
• Intelligence
Telephonic Notifications
• EMA Notification via Telephone
• HSOC
• Any other affected agency
NOTE: Pages of an urgent nature will be followed by a telephone call, accordingly.
A-2
Detailed Documentation in the JOCC,CIC Running Resume
• When the incident began
• Location of the incident
• Source of information
• Notifications made
o Names of members (and/or paging group name) notified
o Date/Time of telephonic notifications
• Date, time JOCC is deactivated and the name of the official
authorizing the deactivation.
Quality Assurance Measures
• CIC Watch Commander shall be responsible for all pages.
o Paging Clarification
Pages shall be gleaned prior to being sent.
• Pages shall be read back to the information
provider, and
• Shall be read aloud prior to being sent to ensure
the information is accurate.
o Urgent pages or pages of a sensitive nature shall be followed up
with a telephone call to the:
Chief of Police
EAC
Director of Field Operations Support Division.
A-3
APPENDIX B
Public Information Unit
B-1
1.
The Public Information Unit (PIU) is in charge of activities relating to the press
and the release of information related to Mass Demonstrations and other large
events. The PIU will arrange all press conferences and organization areas for
staging of the press and or news media vehicles in cooperation with the detail
commanders. In addition, the PIU will prepare press releases prior to the event
informing the public of expected street closures, demonstrator activity and other
non-sensitive noteworthy information likely to impact the visitors and residents of
the District of Columbia.
A.
The PIU is also responsible for coordinating with public information officers
from other agencies that will take part or play a role in upcoming
demonstrations. When this is necessary PIU will institute and/or become part
of a Joint Information Center (JIC). Some of the agencies that will occupy
the JIC include: U.S. Secret Service, U.S. Park Police, U.S. Capitol Police,
Metro Transit Authority, D.C. Fire and Emergency Medical Services
Department, U.S. Bureau of Alcohol, Tobacco and Firearms, and the District
of Columbia Courts. The purpose of the JIC will be to exchange information
and establish protocol for the coordinated release of information.
B.
The Metropolitan Police Department (MPD) shall allow media
representatives’ reasonable access to all areas where a First Amendment
assembly is occurring. At a minimum, the MPD shall allow media
representatives no less access than that enjoyed by members of the general
public and, consistent with public safety considerations, shall allow media
representatives access to promote public knowledge of the assembly.
C.
The MPD personnel located in or near an area where a First Amendment
assembly is ongoing shall recognize and honor media credentials issued by or
officially recognized by the MPD.
D.
The MPD shall make reasonable accommodations to allow media
representatives effectively to use photographic, video, or other equipment
relating to their reporting of a First Amendment assembly.
E.
Media misconduct
1.
All reports of media misconduct shall be immediately forwarded to
the PIU for investigation. This information shall include the name,
press affiliation, press credential number and a synopsis of the
incident as well as the necessary contact information for the member
witnessing the activity. In instances of media misconduct, the
observing member shall notify an MPD Official who shall
immediately report the incident to the PIU office at 727-4383.
2.
Members shall also be guided by GO-RAR - 204.01 (Release of
Information to the News Media).
B-2
APPENDIX C
P.D. 759B
MASS DEMONSTRATION
EVENT LOG
C-1
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C-2
P.D. 759B 11/75
DATE
METROPOLITAN POLICE DEPARTMENT
WASHINGTON, D.C.
COMMANDER’S MASS DEMONSTRATION EVENT LOG
UNIT COMMANDER
UNIT RECORDER
UNIT DESIGNATION
TIME
LOCATION
EVENT
C-3
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C-4
APPENDIX D
WARNING FORMAT FOR MASS
ARRESTS
D-1
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D-2
The below listed warning format is printed here for reference, and is to be used when
preparing to make arrests in mass demonstration situations. The information contained in
any warnings that are given in mass arrest incidents must be documented and retained for
reporting requirements and notifications.
WARNING
I am ______________________________ of the Metropolitan Police
(Official’s name)
Department. You are in violation of
(State criminal offense)
If you do not cease your unlawful behavior and disperse peaceably you will be
arrested.
DAY: __________________DATE: ___________________
***Record the time that all warnings have been voiced to the violators.
1st Warning ____________ (Wait 5 minutes before reading 2nd warning)
2nd Warning ___________ (Wait 2 minutes before reading 3rd warning)
3rd Warning ___________ (Commence making arrests)
Warnings should be given with either a bullhorn or a police vehicle PA system, and
they must be given in a loud and clear manner. If possible, members of the media
production unit of the MPDC will videotape the reading and arrests procedures.
D-3
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D-4
APPENDIX E
Pre-Mass Arrest Checklist
D-1
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D-2
Has the Official recommending a mass arrest articulated justification for a mass arrest on these
bases?
What actions, by the persons to be arrested, require the proposed mass arrest?
Has anyone been injured?
Who? What was the cause of the injury?
Has property been damaged?
What? What was the cause of the damage?
Will an effort to arrest likely cause more injuries than alternative police action?
Will an effort to arrest likely cause more property damage than alternative police action?
Will an effort to arrest likely cause greater disruption of traffic flow (or potentially block
evacuation routes) than alternative police action?
What are the offenses committed/to be charged?
What evidence provides probable cause for the arrest upon those charges as to each person? You
must have articulable probable cause to make any arrest.
If the offense is incommoding, unlawful assembly and/or failure to obey a police order:
How many orders to disperse were given?
How were the orders communicated?
When was each given?
Who gave each order to disperse?
Were audio and/or video recordings made of the warnings?
Is there another way to gain control of the situation?
Is there a viable alternative to a mass arrest?
o Is dispersal of the crowd and arrest of a smaller number of persons as the group
disperses reasonable?
o Is extraction of a limited number of offenders reasonable?
Has the JOCC [Joint Operations Command Center] confirmed (or have you independently
determined) that there are sufficient resources available to safely make number of arrests
anticipated?
o Prisoner Control Activated
o Housing Space
o Feeding capabilities
o Arresting Officers (15-1 rule)
o Transportation
D-3
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D-4
APPENDIX E
Pre-Mass Arrest Checklist
E-1
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E-2
Has the Official recommending a mass arrest articulated justification for a mass arrest on these
bases?
What actions, by the persons to be arrested, require the proposed mass arrest?
Has anyone been injured?
Who? What was the cause of the injury?
Has property been damaged?
What? What was the cause of the damage?
Will an effort to arrest likely cause more injuries than alternative police action?
Will an effort to arrest likely cause more property damage than alternative police action?
Will an effort to arrest likely cause greater disruption of traffic flow (or potentially block
evacuation routes) than alternative police action?
What are the offenses committed/to be charged?
What evidence provides probable cause for the arrest upon those charges as to each person? You
must have articulable probable cause to make any arrest.
If the offense is incommoding, unlawful assembly and/or failure to obey a police order:
How many orders to disperse were given?
How were the orders communicated?
When was each given?
Who gave each order to disperse?
Were audio and/or video recordings made of the warnings?
Is there another way to gain control of the situation?
Is there a viable alternative to a mass arrest?
o Is dispersal of the crowd and arrest of a smaller number of persons as the group
disperses reasonable?
o Is extraction of a limited number of offenders reasonable?
Has the JOCC [Joint Operations Command Center] confirmed (or have you independently
determined) that there are sufficient resources available to safely make number of arrests
anticipated?
o Prisoner Control Activated
o Housing Space
o Feeding capabilities
o Arresting Officers (15-1 rule)
o Transportation
E-3
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E-4
APPENDIX F
Mass
Arrest Proceedures
F-1
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F-2
A.
Arrests
1. General: Arrests during mass demonstrations and civil disturbances shall
be made at the direction of the Incident Commander. However, this
policy is not meant to impede a member in fulfilling his/her responsibility
to protect the public. It is his/her duty to take immediate and, if necessary,
independent action when a felony offense or a crime of violence, as so
designated by the D.C. Code, is being committed.
2. Pursuit: Except for felony offenses, members of the force shall not pursue
demonstrators into buildings for the purpose of effecting arrests unless
specifically instructed to do so by an official. Officials shall accompany
and exercise close control over members under their command who go on
private property or enter buildings to effect arrests.
3. Documentation: During mass demonstrations and civil disturbances, every
arrest will be documented consistent with the department's responsibility
to protect life and property and to prevent unlawful conduct.
P.D. 759 (Field Arrest Form)
The following outline will provide members the necessary information and techniques in
completing a Field Arrest Form.
1. The P.D. 759 (Field Arrest Form) is designed to simplify the arrest,
transportation, processing, and prosecution of a person who commits an
unlawful act while participating in a mass demonstration. These forms are
also designed to identify and assist in the processing of property taken into
police custody during a mass demonstration.
2. The Incident Commander alone shall authorize use of the Field Arrest
Form.
3. A Field Arrest Form shall be prepared for each person arrested regardless
of the specific offense. For misdemeanor charges, the PD 759 is the only
form required. For felony charges, the usual reporting forms for the
offense, arrest, and prosecution are also required. Multiple charges, if any,
are to be listed on the same Field Arrest Form. Any information required
on the form shall be completely and legibly printed with a ballpoint pen.
The following items in Section A of the Field Arrest Form shall be filled
out the by the arresting officer:
1)
Date: Insert "month, day, year" (e.g. Oct 1, 1976).
2)
Time: Use 2400-hour system for time of arrest.
F-3
3)
Serial Number: Is pre-printed on the form.
Arresting officers shall copy this number on the back of the
Polaroid picture that shall be attached to the fourth copy of the
form.
4)
Charge: Print the applicable charge.
5)
Location of Arrest: Self-explanatory.
6)
Location of Offense: Filled in only if location is other than shown
in the item titled "Location of Arrest."
7)
Brief Description of Circumstances of Arrest:
This is perhaps the most important item on the form in determining
the possibility of successful prosecution. It is advisable, therefore,
to be as specific and detailed as time and circumstances will
permit. For example, it is better to record "sitting in center of
intersection," rather than "sitting in street." As much factual detail
of this nature as possible should be noted. However, it is not
necessary to repeat information contained in other items on the
form. Additionally the arresting officer shall note the name of any
federal officer or agent who questioned the arrestee, noting the
name of the federal agency, date time and location of the
questioning and whether MPD was given copies of any audiotapes,
videotapes or written versions of the questioning.
8)
Name of Suspect: First name, middle initial, and last name of
arrested person. (The arresting officer shall make a reasonable
effort to obtain the defendant's name, and if the defendant refuses
to provide his/her name shall indicate that in the section.).
9)
Arresting Officer, Badge No., & Unit: Self-explanatory.
10)
Court Date: Arresting officer's assigned court day
Distribution of the Field Arrest Form shall be as follows:
Original (White Copy): Accompanies prisoner to detention facility; held there for use
by Prisoner Control Center.
Second (Yellow Copy): Arresting officer's copy.
Third (Pink Copy): Accompanies property sent to a central Property Receiving Office
or detention facility, when an arrest is made and property is involved. In cases where an
arrest has been made and property is not involved, the pink copy shall accompany the
F-4
prisoner to the detention facility where Prisoner Control will accept and forward it to the
Data Processing Division.
Fourth (Hard Copy): Accompanies prisoner to detention facility. Three (3) Polaroid
photos shall be attached to this copy. The Prisoner Control Center shall have
responsibility for the final and proper disposition of this copy.
If the D.C. Superior Court puts itself in emergency session, a Field Arrest Form shall
also be made for all persons who are under arrest and in custody of the department at the
time the emergency procedures are put into effect.
Arrest Team Procedures
Squads of 8 officers under the supervision of a sergeant shall form an arrest team. No
member shall arrest more than 15 persons AT ANY ONE particular location.
When a crowd, or segment of it, has failed to comply with warnings to disperse, the unit
commander shall direct arrest teams to begin making arrests, advising team members of
the appropriate charge or charges.
The squad supervisor shall then designate team members to make the arrest of selected
participants.
If an arrestee is seated and agrees to walk, the arresting officer or assisting officer shall
lead him from the crowd to the transport vehicle. If an arrestee is seated or lying down
and refuses to walk, they shall be carried by two or more officers.
At the transport vehicle the arrestee shall be personally advised of the charges and
photographed along with the designated arresting officer.
If the arrestee is not going to be questioned about matters relating to a misdemeanor
offense, it is not necessary that the Miranda warning of rights be given to the arrestee at
that time. However, if a participant is charged with a felony or will be subject to
questioning for a misdemeanor offense or violation, the Miranda warning of rights shall
be given at the time of arrest.
The prisoner shall be searched for weapons, evidence, or contraband; a PD 759 prepared
for each arrestee; three (3) Polaroid photographs taken of the arrestee and arresting
officer together; and the prisoner and property turned over to the transportation officer.
Unit commanders shall ensure that a sufficient number of teams are available to handle
the arrest function properly and for relief of teams that have handled a maximum number
of prisoners at one location.
Courts have become increasingly exacting in their requirements regarding mass arrest
procedures. It cannot be emphasized too strongly that all field arrest forms should be
F-5
filled out as accurately and completely as time and circumstance permit. It is
important that all individuals who are arrested at one location, at one time, and for
similar behavior, be charged with the same violation (s), and that the description of the
circumstances of arrest be expressed in the same manner. Inconsistency in any of
these items may be regarded by the court as sufficient grounds for questioning the
validity of all field arrest forms originating at that time and place, and may
consequently result in the release of the suspects without further adjudication.
It should also be remembered that when the court is in emergency session, the
information contained on the field arrest form may constitute the only evidence
available to the judges in deciding whether or not to hold an individual for further
action. At subsequent court appearances, additional evidence may be developed and
presented, but this opportunity will be lost if the field arrest form does not provide the
basis upon which to proceed.
Transportation of Prisoners
The transporting officers shall obtain the first, third, and fourth copies of the Field Arrest
Form from the arresting officer. Transporting officers shall not accept prisoners without
a properly prepared Field Arrest Form and Polaroid photographs.
Transporting officers shall accept property from arresting officers and shall ensure that
the property, or the container into which the property is placed, is legibly marked with
the serial number appearing on the Field Arrest Form. In these cases the third copy of the
Field Arrest Form shall accompany the property.
When all arrestees have boarded the transport vehicle, are safely seated, and the transport
vehicle has commenced its travel from the arrest location to the prisoner processing
center, a member of the department is to read or play a recording of the text of the
“Notification of Rights” form in a manner audible to all persons in the vehicle. Once at
the prisoner processing center, as arrestees are initially removed for processing that
arrestee shall be provided a copy of the form to be read. In addition, the text of the form
is to be reflected on large signs that are to be placed conspicuously throughout the
processing area. This notice shall be offered in Spanish to those persons who require or
desire such notice in Spanish.
At the detention facility, the transporting officer shall deliver the prisoner along with the
first, third, and fourth copies of the Field Arrest Form, all of which are handed over to the
receiving officer. These persons shall be processed in accordance with mass arrest
prisoner processing control procedures (see Appendix H) and provided release options
as applicable under the Citation Release Program or by posting bond or collateral.
Property
The customary rules of evidence remain in effect during emergency situations; the Field
F-6
Arrest Form must be prepared accurately to ensure proper presentation of the facts in
court.
All articles of property taken into police custody shall be marked with the serial number
that appears on the Field Arrest Form. Markings should be in such a position as to
prevent permanent damage to the property. Articles such as clothing and jewelry shall be
placed in container bags. In these instances, each article of property need not be marked.
The serial number that appears on the Field Arrest Form shall be written on the outside
of the bag. The third (pink) copy of the Field Arrest Form must accompany the property.
When so ordered by the Chief of Police, a Property Receiving Officer shall be established
and staffed by the Evidence Control Branch. During the periods when this office is in
service, all property taken into police custody as a result of activities connected with a
mass demonstration or a civil disturbance shall be forwarded to the Property Division,
accompanied by the third (pink) copy of the Field Arrest Form. The Evidence Control
Branch shall then be responsible for processing such property.
Property that comes into police custody, even though no arrest has been made (i.e. found
or abandoned items), shall be forwarded to the Evidence Control Branch, if in operation,
or otherwise to the nearest detention facility by means of a Field Arrest Form completed
as accurately as possible. The recovering officer shall retain the first, second, and fourth
copies. In addition, he/she shall arrange for the expeditious removal of property by the
most available means.
When the Evidence Control Branch is not activated, the recovering officer shall be held
responsible for the processing and proper disposition of all property coming into his/her
possession until forwarded to the Evidence Control Branch per GO-RAR-601.01
(Recording, Handling, & Disposition of Property Coming into the Custody of the
Department).
In cases of mass seizures of property or evidence, every attempt shall be made to
document the seizure and preparation of said items via videotape or photographs. This
documentation will strengthen the Department’s position as to the treatment of these
items to reduce the likelihood of frivolous claims of damage
F-7
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F-8
APPENDIX G
P.D. 759
FIELD ARREST FORM
G-1
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G-2
G-3
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G-4
APPENDIX H
Mass Arrest and Prisoner Control
Procedures
H-1
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H-2
Standard Operating Procedures for Mass Arrest and Prisoner
Control
The mass arrest prisoner control system involves three stages:
Part I:
Arrest and transportation of prisoners
Part II:
Processing of prisoners
Part III:
Housing of prisoners
I. ARREST AND TRANSPORTATION OF PRISONERS
A.
Mass Arrest:
1.
District personnel will handle routine arrests in the usual manner at their
respective districts or at the designated alternate sites. Prisoner control
will only handle arrests due to civil disorder arising from events
associated with the demonstration. PD Form 759, Field Arrest Forms will
be used for these arrests. No prisoner will be accepted at the prisoner
control processing site without a PD 759 and three clear Polaroid/digital
photos of the arrestee with the arresting officer.
2.
The determination to arrest under the mass arrest system will be made by
the Incident Commander.
3.
Once mass arrests have been ordered, arrest teams will move in and effect
the arrests. Arrestees will be restrained and brought to a prisoner control
vehicle for transportation. MPD shall only use such restraints in the
transporting, processing, and detention of persons as the Chief of Police or
his designee determines to be reasonably necessary to maintain the safety
of the arrestees and of MPD arresting, transporting, and/or processing
personnel, and to prevent escape.
4.
All arrestees are to be secured in accordance with MPD G.O. 502.01,
Transportation of Prisoners. Where flex-cuff restraints are used to secure
an arrestee’s hands or arms, the officer applying the flex-cuffs must
always check restraint tightness. To avoid injuries that may be caused by
over-tightening the restraints, when applying the flex-cuff, the officer is to
draw the strap up only until the strap comes in contact with the arrestee’s
skin at all points. The officer is then to attempt to insert his or her index
finger between the strap and the arrestee’s wrist. If the officer cannot
readily place his or her index finger between the strap and the arrestee’s
wrist, the officer is to immediately remove the flex-cuff and properly
apply a new flex-cuff to prevent escape but no tighter.
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5.
Officers are to give prompt attention to complaints that the cuffs are too
tight. Even after using the precautionary measures indicated above to
prevent over-tightening of flex-cuffs, if the restrained person complains
that the cuffs are too tight the officers should stop (if reasonably possible)
and check the tightness of the cuffs. Even if the cuffs are properly
applied, the person could still have placed pressure on the cuffs or the
person could have turned his or her hand within the cuff and caused
constriction on part of the hand. If upon checking the cuffs the officer
finds that the cuffs are too tight, the officer is to remove the flex-cuffs as
soon as reasonably possible and replace them with flex-cuffs applied to fit
properly. Further, if upon checking the officer finds that the flex-cuffs are
at the appropriate tightness and there does not appear to be a problem, the
officer need not loosen the cuffs. However, the officer should document
in his/her report that upon complaint the cuffs were checked and found not
to be too tight.
6.
No arrestee shall be restrained by connecting his or her wrist to his or her
ankle, nor shall any arrestee be restrained in any other manner that forces
the person to remain in a physically painful position. Further, except for
those arrested for the commission or threatened commission of a violent
act toward another person, or the destruction or threatened destruction of
property, members shall only use handcuffs, plastic cuffs, or other
physical restraints on persons arrested in connection with a First
Amendment assembly and held in any police processing center to the
extent reasonably necessary, and in a manner reasonably necessary, for the
safety of officers and arrestees.
B.
Arrest Procedures:
1. When mass arrests have been ordered, arrest teams will move in and effect
the arrest. Arrestees will be brought to the Prisoner Control Bus where
they will be thoroughly searched for weapons and contraband by the
Prisoner Control transportation personnel before being placed on the bus.
a) Each arresting officer will be responsible for arresting and
processing no more then fifteen (15) arrestees per site.
b) The arresting officers will leave the scene with their arrestees.
They will respond to the prisoner-processing site and complete the
PD 759, Field Arrest Forms (a PD 759 must be completed for each
arrestee). Arresting officers will be advised if they need to go to
court or report back to their field (CDU) assignment. Arresting
officers can ride on the transport vehicles if space is available.
Otherwise they must provide their own transportation to prisoner
processing sites.
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C.
Transportation of Prisoners:
1.
All transport vehicles will be staged during the detail at locations to be
determined by the event commander, in coordination with the
transportation shift commanders.
2.
The transportation shift commander shall insure the following
procedures are followed:
•
Prisoners are thoroughly searched for weapons and contraband by
the Prisoner Control transportation personnel before being placed
in the vehicle.
•
Adults and juveniles are transported separately.
•
Each arresting officer is responsible for arresting and processing
up to fifteen (15) arrestees per site or arrest.
•
Arresting officers accompany their arrestees to the designated
processing sites.
•
Each bus can have up to forty-five (45) arrestees, one (1) arresting
officer for each fifteen (15) arrestees, and two (2) Prisoner Control
officers.
•
Three (3) photographs of the arresting officer with the prisoner
will be taken either prior to loading the prisoner on the bus unless
the Incident Commander determines that circumstances require
that arrestees be transferred prior to being photographed with their
arresting officers in order to protect the safety of the arrestees,
police officers, and/or others. This requirement that three
photographs be taken prior to transport will ensure that arresting
officers will be properly identified to their arrestees and will be
able to participate appropriately in any prosecution function that
may follow from the arrest even if automated booking processing
is interrupted for any reason. In the case of a fully automated
booking process, additional digital photographs will be taken at the
processing sites.
•
The PD 759 is completed and the corresponding Field Arrest Form
number is written on the reverse of all photos. The photos will
then be stapled to the Field Arrest Form and turned over to the site
supervisor. Fully automated Field Arrest Forms will have a digital
photo.
•
A van sheet is completed for each arrest location and forwarded to
the processing site with the transportation vehicle.
•
The transportation supervisor will direct arrested persons to the
processing sites according to the pre-set priorities designated for
both felonies/U.S. Cases and Office of the Attorney General
charges.
•
When all arrestees have boarded the transport vehicle, are safely
seated and the transport vehicle has commenced its travel from the
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arrest location to the prisoner processing center, a member of the
department is to read or play a recording of the text of the
“Notification of Rights” form in a manner audible to all persons in
the vehicle. Once at the prisoner processing center, each arrestee
shall be provided a copy of the form to read. In addition, the text
of the form is to be reflected on large signs that are to be placed
conspicuously throughout the processing area.
• Additionally, notice shall be offered in other languages as is
reasonable to ensure meaningful access to the notice for persons
who are limited English proficient.
PROCESSING OF PRISONERS
The MPD shall, as expeditiously as possible, process any person arrested in a Mass
Arrest to determine whether the person is eligible for release pursuant to a lawful release
option and shall promptly release any person so eligible who opts for the release. The
MPD shall also promptly release any person arrested in a Mass Arrest, who, it is
subsequently determined, should not be charged with any offense.
No routine computer upgrades are to be scheduled for or performed on days on
which mass arrest prisoner processing is ongoing or anticipated. Where
automated prisoner processing cannot be accomplished without performance of
repairs or a remedial upgrade, the Prisoner Processing Center(s) shall switch to
manual backup processing procedures to accomplish prisoner processing.
Manual backup procedures for processing arrestees shall be available on days for
which a plan for processing persons arrested in a mass arrest is in effect. The
Prisoner Control Center shall switch to manual backup processing procedures not later
than fifteen (15) minutes after an information system goes off-line, irrespective of any
time estimate for restoration of the information system.
A.
Processing Procedures:
1. Escort Positions - Members assigned to escort positions shall:
• Remove arrestees from the transport vehicles, upon their
arrival at the processing sites.
• Thoroughly search each prisoner for weapons and contraband
prior to entering the processing facility.
• Upon completion of stations one through four, escort prisoners
to the appropriate detention area and turn them over to
personnel assigned to jailer positions.
2.
Login Station - Members assigned to the Login Station shall:
• Write each prisoner’s name, PD 759 number, charge, race,
gender and location of arrest into the manual intake log.
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• Complete an Arrestee Information Form for each prisoner.
Members completing the form shall insure that each section is
completed.
• Check each PD 759 for completeness, accuracy and legibility.
• After completion, the PD 759, the Arrestee Information Form
and a Polaroid photograph shall be attached together to create
an Arrestee Data Package.
• Forward the package to the Data Entry Station.
3.
Photograph Station - Members assigned to the Photograph
Position shall:
• During automated processing, follow instructions on digital
camera operation:
STEP # 1 COMPUTER:
Click on the ICON Canon Zoom Browser…
Next Window:
Click on EDIT. On the drop down menu, click on Remote
Capture.
Next Window:
Shows CONNECT TO CAMERA
STEP # 2 CAMERA:
Turn on the camera
STEP # 3 COMPUTER:
A window will appear titled PowerShot A10 event. Click on OK.
Next Window:
Click on Cancel.
CONNECT TO CAMERA Window will appear again, click on
CONNECT.
A window SAVE REMOTECAPTURE will appear with another
window SHOOTING REMOTECAPTURE over top of it.
Minimize the window SAVE REMOTECAPTURE.
STEP # 4
HAVE PRISONER AND OFFICER STAND IN THE
DESIGNATED AREA.
COMPUTER & CAMERA:
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Click on TEST RELEASE. You will see what your picture will
look like.
If you need a close-up picture, click on the ZOOM lever and move
it upward to the desired position. Click on TEST RELEASE
again. THIS IS NOT THE FINAL PHOTOGRAPH. This is
just to see if this is the photo you want. The final photo will be
taken when you click on the RELEASE box in the lower right
hand corner of the window. When the photo is taken a flash will
occur for the TEST RELEASE and the final RELEASE.
STEP # 5
COMPUTER: After the final release photo is taken it will
appear in the MASS PHOTO ARREST LIBRARY. Double click
on the photo it will be enlarged. Click on SAVE AS at the bottom
of the photo. A window will appear in the upper left hand corner,
click on the triangle in the window marked with the current date.
On the drop down menu, click Mass_01. In the next window click
on the file labeled Mass Arrest. In the next window click on the
file labeled Mass Arrest Photo. In the next window where it says
file name, you will type in the Field Arrest Form number (6 digit
number), then click on SAVE. Close the top windows until you
see the window Shooting Remote Capture and repeat the process
again for the next prisoner.
NOTE: If there is a lull to the point where the camera
automatically disconnects, you must close all the windows and
start again with the CANON ZOOMBROWS… to reconnect
the camera following the same procedures as above.
• Take three (3) Polaroid or one (1) digital photo(s) of each
arrestee with the arresting officer.
• Securely attach the Polaroid photograph(s) to the PD 759 and
Intake sheet.
6.
CJIS Intake Station - Members assigned to the CJIS Intake Position
shall:
• Interview each prisoner to obtain the information required for
processing and list the names in the Prisoner Control CJIS
Intake Terminal. Do not question the prisoner about his or
her actions related to the arrest.
7.
Property Station - Members assigned to the Property Station shall:
• Take all prisoners’ property, including money, belts and
shoestrings. Place property in a PD 14 (Property Envelope)
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and record it in the PD 82 (Property Book). Give the arrestee a
PD 58 (Property Receipt). The following exceptions shall
apply:
i. Prisoners electing to forfeit collateral or pay a bond shall be
allowed to keep money and a photo ID.
ii. Prisoners wishing to be interviewed for citation release
shall be allowed to keep a photo ID.
•
Property belonging to persons released at processing sites (i.e.,
Elect to Forfeit or Citation Release) will be returned to them
upon their release.
•
Require prisoners to inspect the property and sign the property
book, indicating receipt (returning) of their property.
•
Property belonging to persons requiring court presentment will
be housed at the Evidence Control Branch. Property will be
separated into three categories, depending on the arrestee’s
intended disposition:
Elect to Forfeit - arrestee is paying a fine
Citation Release - arrestee is being released and will
attend court on a predetermined date
Court Presentment - arrestee is being held in custody and
will be presented on the next date court is in session
UPON COMPLETION OF STATIONS ONE THROUGH
FOUR, ARRESTEES WILL BE ESCORTED TO THE
APPRORIATE DENTENTION AREA AND TURNED
OVER TO MEMBERS ASSIGNED TO THE JAILER
POSITIONS
8.
Data Entry Station (Automated Processing Only) - Members assigned
to the Date Entry Station shall:
• Receive an arrestee data package from the Intake Section for
each arrestee. The package shall contain (1) copy of the
Arrestee Information Form, at least (1) Polaroid Photograph
and (1) PD 759.
• Enter all data from the information form into the computerized
format. Members assigned to the Data Entry Section shall
insure that each section of the electronic form is completed.
• Forward the entire arrestee data package to the CJIS Booking
Station.
9.
CJIS Booking Station - Members assigned to the CJIS Booking Station
shall:
• Receive an arrestee data package from the Data Entry Station.
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•
Complete a manual booking sheet for each prisoner and enter
the information into the Mass Arrest Booking Program in CJIS.
•
Initially book everyone, as a lock-up until the processing is
complete. A CJIS trained person will then update the
dispositions.
•
After the defendant is processed and released, update the
defendant’s disposition into CJIS utilizing the completed arrest
paperwork.
•
Go into disposition update and enter “F” for forfeit collateral,
“C” for citation release and or “B” for bond.
•
For Forfeiting Collateral, enter the charge amount into the
appropriate space along with the collateral receipt number and
the district number. For mass arrests, the district will be
number 8. If a date appears in the court date field, you must
delete it.
•
For Citation to Appear, call Pre-Trial Services via telephone on
(202) 585-7030. Pre-Trial Services updates the citation to
appear cases only. If this information is not given to Pre-Trial
Services, then the CJIS system and paperwork will not match.
As a result, defendants will be placed on the lock-up list when
they should not be; this will cause a mix-up. It is imperative
that the system and paperwork match. They will require the
following information:
1. Defendant’s name;
2. Date of birth;
3. Arrest number; and
4. Citation date given to defendant.
•
For bond cases, enter the charge amount into the appropriate
space along with the collateral receipt number and the district
number. For mass arrests, the district will be number 8. The
court date must be filled in. When issuing a bond date, the
defendant is given the next available court date. Court is in
session for bond cases Tuesday thru Friday.
•
Any additional information that a CJIS user needs can be
obtained from the CJIS Mass Arrest Booking Procedures
Manual.
•
Forward the Arrestee Data Package to the WALES/NCIC
Station.
CJIS Fall Back Procedures (when CJIS is down) - When CJIS is down,
members assigned to the CJIS Station shall:
• Obtain the last arrest number utilized from the Special
Operations Division.
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• Utilize the Arrest Number Control Log maintained at each
processing site.
• Enter the date, time and system arrest number obtained from
SOD in the corresponding spaces located on the control log.
• For each arrest, enter the next sequential arrest number and the
arrestee’s name in the spaces provided. Any additional
information shall be entered in the comments section on the
form.
• During the time that CJIS is down, a photocopy of the PD 759
completed for each arrest shall be made and retained with the
log. When CJIS returns to service, these copies will be used to
enter the arrest data for all arrest numbers issued during the
time the system was down. Once the arrest has been entered
into CJIS, the copy of the PD 759 should be retained in a file
for thirty days.
10. WALES/NCIC Checks Station - Members assigned to the
WALES/NCIC Station shall:
• Receive an Arrestee Data Package from the CJIS Station.
• Complete a WALES/NCIC check for all prisoners processed at
the mass arrest processing sites.
• Forward the Arrestee Data Package to the Master Control
Station.
11. Master Control Station- In Automated Processing, Members assigned
to the Master Control Station shall:
• Receive an Arrestee Data Package on each arrestee from the
WALES/NCIC Station.
• Write the narrative of the computer generated PD 759.
• Add the arrest number from CJIS.
• Insure that a WALES/NCIC check has been performed.
• Coordinate the printing of the computer generated PD 759,
Digital Photograph and Citation Paperwork.
• Forward all completed paperwork to a member at the Jailer
positions.
12. Fingerprint Station - Members assigned to the Fingerprint Station shall:
• Insure that all prisoners have their thumbprint imprinted on the
Field Arrest Form, Citation Release Forms and the PD 163
when required.
• A full set of prints will be obtained only from all prisoners
without valid identification, for all felonies, and for U. S. or
Office of the Attorney General charges requiring the arrested
person to appear before the Court.
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B.
Detention of Prisoners:
In processing sites containing cells prisoners will be detained in the cells separated by
gender. If a sufficient number of cells exist, prisoners will also be separated by the listed
categories.
The use of unsecured processing sites shall be avoided unless exigent circumstances
exist. All available holding cells at mass processing sites shall be filled to capacity prior
to moving prisoners to an unsecured facility. If unsecured processing sites (not
containing cells) must be used, the following procedures shall be followed:
a) Jailer Position- Members assigned to the Jailer Position shall:
•
Separate prisoners into appropriate categories:
Elect to Forfeit
Citation Release
Court Presentment
•
Insure that all arrestees are placed in the appropriate
holding facility (area), pending release or transportation
to court.
•
Only non-violent cooperative prisoners shall be housed
in open areas without cells.
•
At the Metropolitan Police Academy, classrooms may
be used provided that the windows are secured and a
minimum of (2) police officers are posted both at the
door of the room and outside of the building at a point
where windows can be monitored.
•
The classrooms shall be free of all furniture and mats
shall be placed on the floor.
•
Attempt to make the arrestee as comfortable as
possible, but insure that adequate security measures are
utilized.
•
Maintain constant visual contact with all prisoners
during times of their incarceration.
•
Coordinate the release of citation and elect to forfeit
cases with members assigned to the escort positions.
C.
Release of Prisoners:
Prisoners with valid (photo) identification that meet the established
criteria will be eligible for citation release. Those with valid (photo)
identification who elect to forfeit collateral will be released after
processing. Prisoners without valid (photo) identification, those not
eligible for citation release or unable/unwilling to pay a fine and elect to
forfeit will have their paperwork processed through AFIS and will be
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transported to the Marshal’s Cellblock (either Superior Court or U.S.
District Court) for arraignment.
An official shall document and explain in writing any instance in which a
person arrested in connection with a First Amendment assembly who opts
for release pursuant to a lawful release option or who is not charged with
any offense is not released within four (4) hours from the time of arrest.
1.
Citation Release Station - Citation is given to defendants who
elect not to spend the night in jail or pay the fine for their violation
but must see a judge at a later date and time. There will be several
dates provided from Pre-Trial Services. Under normal
circumstances, there will be only twenty (20) defendants assigned
to each available citation date. Pretrial Services may increase the
number of defendants eligible for citations on a given date.
Members assigned to the Citation Release Station shall:
• Complete form CD-2063 “Citation to Appear in Court.” The
citation form is to be completed in the following manner:
• Arrest Book No.: Write the arrest number clearly.
• PDID No. or DOB: Write the date of birth.
• Officer, Badge, Unit: Write the arresting officer’s name, badge
number and unit of assignment.
• To: Write the defendant’s name, make sure that the first, middle
and last name appears this way.
• The charge line: Write the charge/charges on this line. If there is a
NOI issued, place the NOI number on the line also.
• Date: Place the defendant’s court date on the line indicated.
• Mark Box: The first box should be marked to indicate the time
and location for which the defendant is to appear in court.
• Signature: The defendant must sign and date the form where
indicated. If the defendant refuses to sign the citation form,
they will be denied participation in the citation program. (This
is to be explained to the defendant.)
• Have an assigned station clerk, or member the rank of
lieutenant or above, sign his or her name and place his or her
badge number and unit assigned where indicated.
Explain the following requirements of the program to the
defendant:
• Citation is given to a defendant who qualifies.
• It is a promise to appear in court at a later date and
time.
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• When a defendant does not appear in court as promised
a warrant will be issued for his or her arrest.
• It is important to be on time, because failure to appear
on time could also result in a warrant being issued for
his/her arrest.
• After the defendant is thumb printed, the defendant is
issued the pink copy of the citation form and released.
2.
Elect to Forfeit Collateral Station - Defendants charged with
offenses that can be adjudicated through the payment of a fine may
elect to forfeit collateral in lieu of requesting citation release or a
court date. Members assigned to the collateral station shall:
• Verify that the offense with which the defendant is charged is a
collateral/bond offense.
• Consult a current collateral list to ascertain the correct amount
for the charge.
Complete a PD 67 (Collateral Receipt) in the following manner:
•
District - is where the money was collected.
•
Date - the date money was collected.
•
Time posted - the time you collected the money always use
regular time not military time.
•
Name - Write last name first, then first, middle.
•
Address - Write address for prisoner.
•
Amount posted - amount of money received for the charge.
•
Charge - the offense with which the prisoner was charged.
•
Permit # - NOT NEEDED.
•
License # - NOT NEEDED.
•
Case # - insert the arrest number.
•
Officer - insert the arresting officer’s name.
•
District - insert the officer’s district where he/she is assigned.
•
Book or Ticket # - insert the NOI # if applicable.
•
You always want to check forfeit collateral because that is
what they are doing electing to forfeit and not stand trial.
•
Date & Time - NOT NEEDED for electing to forfeit.
•
Deposited by - name of person paying prisoner’s fine. (i.e.,
self, if prisoner paid own fine; Mary Jane - if Mary Jane paid
prisoner out)
•
Station Clerk - name of person collecting money. If signature
is not readable PLEASE PRINT.
ALL WRITEN RECEIPTS MUST BE LEGIBLE.
3.
Bond Cases- (Bond must be written BOLDLY across the top of
collateral receipt). Defendants charged with offenses that can be
adjudicated through the payment of a fine may elect to pay a bond
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and appear in court on a specified date. Prisoners that do not wish
to forfeit collateral, and do not wish to remain in custody while
waiting their court date may pay a bond.
For bond cases all steps are the same except:
• You would NOT check the elect to forfeit collateral box.
Instead you would check the “Stand Trial” box. This is
because the prisoner wishes to appear in front of a judge. The
prisoner is paying money NOT to spend the night or weekend
in jail.
• Advise the prisoner that he/she is to appear in court on the next
court scheduled bond date.
• Advise the prisoner that court is scheduled for bond cases
Tuesdays through Fridays. (i.e., if the prisoner is arrested on a
Saturday, he/she is to appear in court on Tuesday. If the
prisoner is arrested on Wednesday, he/she is to appear in court
on Thursday. If the prisoner is arrested on Friday, he/she is to
appear in court on Tuesday).
• The date and time of the prisoner’s court appearance is placed
in “Date and Time” section.
• The time is always 9:00 a.m.
4.
Issuance of Collateral Receipts -Separate receipts shall be
written for each charge placed against a prisoner (i.e., charges of
FTO, Crossing a police line and Incommoding, would require the
issuance of three collateral receipts). This still applies when one
prisoner is electing to forfeit collateral for another prisoner.
Receipts shall be disseminated as follows:
• The top/original copy goes to the prisoner.
• The second copy goes with the paper work.
• The pink copy is for the records for audit purposes.
5.
Notices of Infractions (NOI): When a NOI is issued for a
particular charge and the prisoner is paying out/electing to forfeit:
• Copy A (original copy) is stapled to the second copy of the
collateral receipt, which goes with the paperwork.
• Copy B of the NOI is for the officer’s record. It should stay
with the arresting officer.
• Copy C (pink copy) should go to the prisoner along with the
prisoner’s copy (copy A) of the collateral receipt.
• The members receiving the elect to forfeit collateral payment
must write E/F on the front of the NOI.
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6.
BOND NOIs:
• Copy A (original copy) of NOI goes with arresting officer for
papering.
• Copy B is attached to the paper work.
• Copy C (officer’s copy) stays with officer for his records.
• THE PRISONER DOES NOT GET A COPY OF THE NOI IN
BOND CASES.
The Commanding Officer of Prisoner Control shall put procedures in
place to assure persons possessing photo identification, collateral or elect
to forfeit funds for another, are permitted to provide these items to MPD
personnel to facilitate the release of an arrestee
D.
Arrest Paperwork: Arrest paperwork at all sites will include:
• PD 759 Field Arrest Form (manual or automated)
• PD 163 Prosecution Report (reverse side only)
• Polaroid/digital picture of arrestee with arresting officer
• Prisoner’s Van Sheet
• CD 2063 Citation to Appear
• A generic statement of facts for the PD 759 will be generated
for multiple arrests with the same charges, at the same location,
and be used for all arrestees.
• A separate PD 163 will be required for individual criminal acts
that are felonies such as APO, destruction of property, and
USAO misdemeanor charges.
• Property envelope and receipt
• Fingerprint cards
• PD 313 for Injured Prisoners
1.
Arrest Packets - Each arrest packet shall contain the following:
• Original PD 759 (Field Arrest Form) completed by the
arresting officer on the scene of arrest
• Two (2) Copies of the Automated PD 759 with digital
photograph, printed by the master controller
• Two (2) Photocopies of the PD 759
• Citation release forms, if applicable
• Collateral receipt in elect to forfeit and bond cases.
• One (1) Polaroid photograph, (3) photographs under manual
processing
• NOI, if applicable
• Copy of PD 9 (Fingerprint Card), if applicable
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2.
Paperwork Disposition - Arrest packets shall be disseminated in
the following manner:
• The originals plus one (1) Xerox copy is packaged for court
liaison.
• One color copy is packaged for the U.S. Marshal’s Cellblock.
• One color copy should be packaged for Records Division.
• One copy of all paperwork is to be packaged for Prisoner
Control files.
3.
PD Form 237-c Transmittal - A PD 237-c shall be completed for
each group of arrest packets leaving the processing center. For
each disposition there must be a separate transmittal. At the top of
each form you must indicate the disposition (i.e., elect to forfeit,
citation, lockup or bond). A completed PD 237-c shall be attached
to arrest packets and forwarded as follows:
• Original court (lockup) case paperwork to Court Liaison
Division
• Original bond case paperwork with a copy of the collateral
receipt to Court Liaison Division
• Original elect to forfeit case paperwork with a copy of the
collateral receipt to Court Liaison Division
• Original Citation case paperwork to Court Liaison Division
• Copy of all dispositions case paperwork to Records Division.
4.
Van Sheet - For all lock up cases, the defendant is placed on a van
sheet and time stamped. Then the defendant is transported to the
cellblock along with his/her paperwork for further processing.
E.
Feeding of Prisoners:
The feeding of prisoners during major events requires a contractual
agreement between MPD and a vendor selected by the Department’s
Office of Procurement. A Purchase Notification (3-and-1 Form) must be
completed and submitted through Special Services Command to the
Finance and Budget Office.
The feeding of prisoners during minor events (where the limited number
of participants dictates that it would not be reasonable to prepare for Mass
Arrest processing) shall be coordinated with the Adult Processing Unit,
Office of Corporate Support.
F.
Transportation to Court:
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Prisoners being sent to the U.S. Marshal’s Cellblock (for arraignment) will
be sent in groups with consideration given to:
1.
Same arresting officer;
2.
Similar charges, (All U. S. or all Office of the Attorney
General); and
3.
A van sheet must be generated and transported with each
group of prisoners to the block.
G.
Technical Support:
The Office of the Chief Information Officer shall provide the Prisoner
Control Center with on-site technical support staff during each activation
to troubleshoot and minimize unanticipated information/computer systems
downtime that would delay prisoner processing.
Contacts: Program Manager-Information Technology, phone: (202) 727-
7332 or the Technical Assistant, phone: (202) 727-4670.
The Records Department, Manager (202-727-2228) or the CJIS
Coordinator (202-727-8583) should be notified prior to Mass Arrest
demonstrations to ensure that the CJIS Mass Arrest User ID’s have been
re-set and are ready for use.
H.
Monitoring:
The Civil Rights and Force Investigations Section, Office of Professional
Responsibility, shall periodically monitor all prisoner-processing facilities
to ensure that prisoners are being processed, restrained and transported
consistent with law and Department policy.
I.
Uniform and Equipment:
Prisoner control personnel will wear the Class B uniform. Utilities and
jumpsuits are not authorized. Recruit and/or Lateral Entry officers will
wear their issued uniforms.
1. All processing personnel will be equipped with all issued CDU
protective gear and chemical protective gear.
2. Transportation vehicles will be equipped with field processing kits and
cameras and will assist Special Operations Division and Civil
Disturbance Unit arrest teams related to the event.
J.
Communications:
1. The processing centers, all transportation supervisors and vehicles will
monitor the radio channel designated by Special Operations Division
for exclusive operations for the event.
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K.
Arrest:
1. All arrests associated with mass demonstrations, except for serious
felonies (i.e., shootings, stabbings, robberies, etc), will be processed at
the prisoner processing centers.
2. All eligible prisoners that possess valid identification and wish to post
collateral will be thumb-printed and released from the processing site.
3. All prisoners arrested for Office of the Attorney General charges that
possess valid identification and meet the qualifications for Citation
Release will be thumb-printed and released from the processing site.
4. A full set of fingerprints will be obtained from all other arrestees
associated with the demonstration.
L.
Injured Prisoners:
1.
Prisoner control transportation personnel will take custody of injured
prisoners and arrange for transportation and security during treatment.
2.
Prisoner control personnel will accompany the arrestee to the hospital
and stay with him/her until treated and then transported to Prisoner
Control for processing.
3.
Serious injuries noted on the scene of the arrest will be taken directly
to the nearest hospital.
4.
On-site medical personnel will initially evaluate injuries noted at the
processing centers.
III. PRISONER PROCESSING/HOLDING SITES:
A.
The following locations may be considered when determining processing
sites:
1. The Metropolitan Police Academy (Gymnasium) - located at
4665 Blue Plains Drive S.W. This facility can be used to process
and house cooperating demonstrators, persons charged with mass
arrest offenses, who are eligible for Citation Release, or those who
pay a fine and elect to forfeit. This facility will have the maximum
capacity to house four hundred (400) cooperating demonstrators.
2. Cell Block “B” - located at Fourth and F Streets N.W., in the
basement of the old Superior Court building. This facility can be
utilized to process and house both cooperative and
uncooperative/violent demonstrators. This facility will have the
maximum capacity to house four hundred (400) prisoners. Note:
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A letter to the Chief Judge of the D.C. Superior Court is required
to obtain permission to utilize this facility.
3.
Central Cellblock - located in the basement of 300 Indiana Ave.,
N.W. This facility can be utilized to process and house both
cooperative and uncooperative/violent prisoners. This facility will
have the capacity to house one hundred forty (140) prisoners.
4.
501 New York Avenue, Northwest - This facility can be used to
process and house uncooperative and violent demonstrators. This
facility has the capacity to house 32 prisoners.
5.
First District- located at 101 M Street, S.W. The Commanding
Officer of Youth Investigations Branch will make arrangements to
process JUVENILES at the First District during the duration of the
detail. The First District Cell Block can house up to thirty (30)
juveniles. It is anticipated that most, if not all, juveniles will be
handled as contacts and released to a parent, guardian, or other
responsible adult.
6.
RFK STADIUM - located at 2400 East Capital Street, Southeast.
The Band and Cheerleader rooms can be utilized for the housing of
non-violent cooperative prisoners. This facility will have the
capacity to house three hundred (300) prisoners. Note: A letter to
the Stadium Manager, DC Sports and Entertainment Commission
is required to obtain permission to utilize this facility.
B.
The CJIS Coordinator must be contacted to ensure that CJIS User ID’s are
available for multiple or concurrent sites.
It should be noted that when Prisoner Control has been activated for an event, there
are a number of factors that determine the number of personnel that would need to be
assigned for such an operation. These factors are:
• The number of potential arrests that could be made.
• The number of prisoner processing sites.
• The number of hours, or tours of duty that would be required.
The types of duties of the personnel at each prisoner processing site would be the
following:
• Prisoner Processing (arrest paperwork, citation, bond, etc.)
• Property officers
• Fingerprinting officers
• Jailers
• Escorts
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