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• WALES/NCIC/CJIS certified users
• Transportation officers (These members would not be needed at each site,
but would be transporting arrested subjects to each site.)
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APPENDIX I
ENUMERATED LEGAL
CHARGES
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CRIMINAL CHARGES FOR PROTESTS AND/CIVIL DISTURBANCES
Below we have set forth the criminal charges, which are most likely to arise as a result of
the expected protests in connection with the IMF/WB demonstrations. We have not
attempted to discuss the charges in detail, nor have we attempted to provide a
comprehensive list of all available charges. Instead, we have focused on the charges
which are most likely to give rise to arrests, with a list of the applicable elements of the
offense and a very brief discussion of circumstances in which the charge might be most
appropriate. Officers on the street are encouraged to contact the U.S. Attorney’s Office
or the Office of the Attorney General should questions arise concerning the statute most
applicable to a given situation.
Members of the Metropolitan Police Department are reminded that the charge of
“Parading without a Permit” is not an arrestable offense and this charge shall not be used
to detain anyone.
STREET PROTESTS AND DISTURBANCES
CHARGE: Disorderly Conduct, 22 D.C. Code § 1121
ELEMENTS OF THE CHARGE: (1) defendant acts in a manner such as to annoy,
disturb, interfere with, offend others; or (2) congregates with others on a public street and
refuses to move when ordered to do so by the police; or (3) shouts or makes noise outside
or inside a building, during the night, to the annoyance or disturbance of a considerable
number of persons; or (4) interferes with any person in any place by jostling against the
person or unnecessarily crowding the person, or by placing a hand in the proximity of
such person’s handbag or purse; or (5) causes a disturbance in any public transportation
conveyance, by running through it, climbing through windows or on top of seats, or
otherwise annoying passengers or employees.
JURISDICTION: Office of the Attorney General
APPLICABILITY: Someone is on a metro train, bus, or in a public street being
unusually noisy (remember, this is a demonstration) or troublesome, and has been
ordered specifically, and more than once, by police to move on, and refuses to do so.
This offense generally applies to a breach of peace.
CHARGE: Unlawful Assembly, 22 D.C. Code § 1107
ELEMENTS OF THE CHARGE: (1) person(s) may not congregate and assemble in
any street, road, highway, in and around any public building or enclosure, or any park, or
at the entrance to a private building or enclosure; and (2) engage in loud and boisterous
talking or other disorderly conduct, or to insult or make rude or obscene gestures or
comments to persons passing by, or in their hearing; or (3) to crowd, obstruct, or
incommode the free use of any street, road, highway, or the free entrance to any private
or public building or enclosure.
JURISDICTION: Office of the Attorney General
APPLICABILITY: Someone is in an area outside the area of the granted permit, and
after being warned more than once to move on, continues to block traffic on a city
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street. This is likely to be the most appropriate charge for “street blockades” by
protesters.
CHARGE: Crossing a police line, 21 DCMR 2100.1-.5
ELEMENTS OF THE CHARGE: (1) in case of a fire, parade, explosion, or other
occasion that causes people to collect on the public streets, highways, etc.; (2) a police
officer establishes an area or zone considered necessary to afford a clearing for (a) the
operation of firemen or policemen; (b) the passage of a parade; (c) the movement of
traffic; (d) the exclusion of the public from the vicinity of a riot, disorderly gathering,
accident, explosion, or other emergency; or (e) the protection of persons and property; (3)
and suspect fails to comply with any necessary order or instruction of officer; or (4)
enters the emergency zone or area.
JURISDICTION: Office of the Attorney General
APPLICABILITY: Law enforcement sets up a barricade, a secured area, or attempts to
prevent pedestrians from entering a particular area by setting up a police line, and
someone crosses the police line or enters the secured area. Prior to arrest, a warning
should be given that the person has entered a secured area or has crossed a police line,
and they should be given an opportunity to move back. This offense generally also
applies to a breach of peace.
CHARGE: Failing to obey a police order, 21 DCMR 2100.1-.5
ELEMENTS OF THE CHARGE: (1) see above
JURISDICTION: Office of the Attorney General
APPLICABILITY: A police officer gives a command to an individual as relates to a
traffic matter, and someone willfully fails to obey the order.
CHARGE: Wearing Hoods or Masks, 22 D.C. Code § 3112.3 (misdemeanor)
ELEMENTS OF THE CHARGE: (1) No person over 16 years of age may wear a
mask/hood/any device causing any portion of the face to be hidden, concealed or covered
as to conceal the identity of the wearer; and (2) enter upon or within public property of
the District of Columbia, or any street, road, alley, etc., in the District of Columbia; or
hold any manner of meeting or demonstration; and (3) it can be established that the
person was wearing the hood, mask, or other device with the intent (a) to deprive any
person of equal protection of the law; or (b) to, by force or threat of force, to injure,
intimidate, or interfere with any person because of his exercise of any right secured by
federal or District of Columbia laws, or to intimidate any person from exercising any
right secured by federal or District of Columbia laws; or (c) to intimidate, threaten, abuse
or harass any other person; or (d) to cause another person to fear for his personal safety,
or where it is probable that reasonable persons will be put in fear for their personal safety
by defendant’s actions, with reckless disregard for that probability; or (e) while the
wearer was engaged in conduct prohibited by civil or criminal law, with the intent of
avoiding identification.
JURISDICTION: United States Attorney’s Office, Superior Court
APPLICABILITY: Merely wearing a mask or hood is not improper or illegal, and one
cannot
be stopped/arrested/charged for wearing a hood or mask. Only if it can be demonstrated
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that the person wearing the mask did so with the intent to intimidate, threaten, interfere
with or deprive another person of his/her rights under the law, can/should action be taken
on the part of the police.
CHARGE: Throwing stones or other missiles, 22 D.C. Code § 1109
ELEMENTS OF THE CHARGE: (1) no person(s) may throw a stone or other missile
in any street, avenue, alley, road, or highway, or open space, or public square, or
enclosure, or to throw such stone/missile from any place onto a street, avenue, etc.
JURISDICTION: Office of the Attorney General
APPLICABILITY: Someone endangers another’s safety by throwing projectiles.
CHARGE: Kindling Bonfires, 22 D.C. Code § 1113
ELEMENTS OF THE CHARGE: (1) defendant sets on fire (or causes it to be done);
(2) in any street, highway, alley, open ground, or lot; (3) any combustible; (4) after
sundown and before sunrise.
JURISDICTION: Office of the Attorney General
APPLICABILITY: Someone sets anything afire in a city street or area during the
nighttime.
CHARGE: Manufacture, transfer, use, possession, or transportation of
Molotov cocktails, or other explosives for unlawful purposes, 22 D.C. Code § 3215a
(felony)
ELEMENTS OF THE CHARGE: (1) no person shall manufacture, transfer,
use, possess, or transport a Molotov cocktail ("Molotov cocktail" means: (1)
a breakable container containing flammable
liquid and having a wick or a similar device capable of being ignited), or
any other device designed to explode or produce uncontained combustion; or
(2) manufacture, transfer, use, possess, or transport any 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
device, instrument, or object designed to explode or produce uncontained
combustion, with the intent that the same may be used unlawfully against any
person or property.
JURISDICTION: United States Attorney’s Office, Superior Court
APPLICABILITY: Someone transports or possesses an explosive device intending to
use the device unlawfully against a person or property.
CHARGE: Rioting, 22 D.C. Code § 1122 (b) (misdemeanor) (felony if any person
suffers serious bodily damage, or property damage exceeds $5,000.)
ELEMENTS OF THE CHARGE: (1) there was a public disturbance in Wash., D.C.
which, by tumultuous and violent conduct, or the threat of such conduct, created grave
danger of damage or injury to property or persons; and (2) there was a group of 5 or more
persons, including defendant, engaged in the public disturbance; and (3) defendant and at
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least 4 other members of the group willfully engaged in the public disturbance on
purpose.
JURISDICTION: United States Attorney’s Office, Superior Court
APPLICABILITY: A “public disturbance” must be more than mere loud noise making
or minor breaches of the peace. It is conduct that has aroused, or is likely to arouse,
public alarm or apprehension, and is usually accompanied by the use of actual force or
violence against property and persons. At the very least it must be conduct that has a
clear and apparent tendency to cause force or violence to erupt and thus create a grave
danger of damage or injury to property or persons. “Grave danger” means danger
actually present or threatened. Damage or injury to property includes actual physical
damage, or the taking of another’s property without permission.
CHARGE: Rioting, 18 U.S.C. § 2101
ELEMENTS OF THE CHARGE: (1) person travels in interstate or uses any facility of
interstate commerce, including, but not limited to, the mail, telegraph, telephone, radio,
or television, and intends; (2) to incite a riot; or (3) to organize, promote, encourage,
participate in, or carry on a riot; or (4) to commit any act of violence in furtherance of a
riot; or
(5) to aid or abet any person in inciting or participating in or carrying on a riot or
committing any act of violence in furtherance of a riot.
JURISDICTION: United States Attorney’s Office: Transnational and Major Crimes
Section
APPLICABILITY: Extremely unlikely that this federal charge will be used, unless we
can establish that suspect(s) crossed state lines intending to incite an actual riot. Merely
crossing state lines/using any facility of interstate commerce in order to organize a
demonstration is insufficient to pursue this charge.
CHARGE: Threats, 22 D.C. Code § 504 (misdemeanor)
ELEMENTS OF THE CHARGE: (1) Defendant uttered words heard by another
person; (2) the words were such as to convey to the ordinary hearer a menace or fear of
serious bodily injury or harm; and (3) defendant intended to utter the words as a threat.
(Note that it is not necessary that he intended to carry out the threat, or that the intended
victim actually heard the threat.)
JURISDICTION: United States Attorney’s Office, Superior Court
APPLICABILITY: Where someone threatens another, and the threat not only was
intended to threaten and frighten another that he/she was in danger of serious bodily
injury or harm, but the ordinary hearer would feel so frightened, then the suspect may
be charged with threats. Without more intimidating or threatening behavior, the case
will be treated as a misdemeanor.
CHARGE: Obstructing public highway, 22 D.C. Code § 3121
ELEMENTS OF THE CHARGE: (1) person may not obstruct the free use of any
public highway
JURISDICTION: Office of the Attorney General
APPLICABILITY: Person may not interrupt the flow of traffic on any highway.
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CHARGE: Obstructing bridges connecting D.C. and VA, 22 D.C. Code § 1123
ELEMENTS OF THE CHARGE: (1) person may not
knowingly and willfully obstruct any
bridge connecting the District of Columbia and the Commonwealth of Virginia.
JURISDICTION: Office of the Attorney General
APPLICABILITY: Person may not interrupt the flow of traffic on any bridge
connecting D.C. and Virginia.
PROPERTY DAMAGE
CHARGE: Destruction of Property, 22 D.C. Code § 403 (misdemeanor or felony)
ELEMENTS OF THE CHARGE: (1) defendant injured or destroyed, or attempted to
injure or destroy, property; (2) the property was not the defendant’s; (3) defendant acted
on purpose; (4) defendant acted with the intent to destroy or injure the property, or with a
conscious disregard of known and substantial risks of harm that were likely to result to
the property from his actions. (Note: if the value of the damaged property exceeds $200,
the offense is a felony; under $200 is a misdemeanor.)
JURISDICTION: United States Attorney’s Office, Superior Court
APPLICABILITY: Property of value belonging to another is damaged by a specific
individual. To charge a felony there must exist concrete evidence that the property
damaged had a value in excess of $200.
CHARGE: Federal Destruction of Property, 18 U.S.C. § 1361
ELEMENTS OF THE CHARGE: (1) Someone willfully injures (or attempts to injure)
or commits (or attempts to cause) any depredation against (a) any property of the United
States, or (b) of any department or agency thereof, or (c) any property which has been or
is being manufactured or constructed for the United States, or (d) any department or
agency thereof. Note: if the damage or attempted damage to such property exceeds the
sum of $1,000, the punishment is a fine or imprisonment for not more than ten years, or
both; if the damage or attempted damage to such property is under $1,000, a fine or
imprisonment for not more than one year, or both.
JURISDICTION: United States Attorney’s Office, Transnational and Major Crimes
Section
APPLICABILITY: We will use this charge rarely, and under the most serious
circumstances. Normally, Superior Court Destruction of Property charges will be most
applicable.
CHARGE: Defacing Public or Private Property, 22 D.C. Code § 3112.1
(misdemeanor)
ELEMENTS OF THE CHARGE: (1) Defendant may not disfigure, cut, chip, cover or
rub with filth or excrement; or (2) write, mark, or print obscene or indecent figures; or (3)
write, draw, mark or paint any word, sign or figure, without the consent of the owner or
proprietor (or, in the case of public property, the person having custody or control
thereof, upon: (a) any property (public or private); building, statue, monument, office,
mass transit equipment or facility, dwelling or structure of any kind; (b) doors, windows,
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steps, railings, fencing, stairs, walls, of any enclosure thereof, or any movable property.
JURISDICTION: United States Attorney’s Office, Superior Court
APPLICABILITY: Someone is spray-painting (or in any manner disfiguring) the
Washington Monument, a subway car, the fence surrounding the IMF building, etc., or
any other public or private property, without permission.
CHARGE: Arson, 22 D.C. Code § 401 (felony)
ELEMENTS OF THE CHARGE: (1) defendant burned or attempted to burn a
building; (2) the building was the property, in whole or in part, of someone other than
the defendant; and (3) defendant set the building on fire on purpose; and (4) defendant
acted with the intent to kill or seriously injure another person; with the intent to threaten
the security of anyone who lived in or occupied that building; or in conscious disregard
of a known and substantial risk that his actions would endanger human life or threaten
the security of anyone who lived in or occupied the building; and (5) defendant acted
without mitigation.
JURISDICTION: United States Attorney’s Office, Superior Court
APPLICABILITY: Suspect set fire (or attempted to set fire) to a building intending to
kill or injure someone. The charge is destruction of property if the object burned is a car,
for example, or if we do not have proof (direct or circumstantial) that the defendant’s
intent was to kill or seriously injure another person.
CHARGE: Placing explosives with intent to destroy or injure property, 22 D.C.
Code § 3105 (felony)
ELEMENTS OF THE CHARGE: (1) defendant places, or causes to be placed,
in/on/under/against/near any building/car/monument/statue/structure, any type of
explosive substance; (2) with intent to destroy or injure the same (in whole or part).
JURISDICTION: United States Attorney’s Office, Superior Court
APPLICABILITY: Someone places any explosive device in a public or private area
intending to destroy property.
CHARGE: Unlawful Entry, 22 D.C. Code § 3102 (misdemeanor)
ELEMENTS OF THE CHARGE: (1) defendant entered, or attempted to enter, a public
or private dwelling, building, or other property, or part of same; (2) defendant did not
have lawful authority; (3) the entry or attempt to enter was against the will of the lawful
occupant or the person lawfully in charge of the premises; and (4) defendant’s entry or
attempt to enter was on purpose.
JURISDICTION: United States Attorney’s Office, Superior Court
APPLICABILITY: Someone enters the grounds of a private residence, or a restricted
public building, and refuses to leave when ordered to do so. (Remember that to have a
burglary, we must be able to prove that at the time the suspect entered the area in
question, he had formulated intent to commit a separate crime (such as assault,
destruction of property, theft)).
CHARGE: Burglary, 22 D.C. Code § 1801 (felony)
ELEMENTS OF THE CHARGE: (1st degree): (1) defendant entered a dwelling room
of another used as a sleeping compartment; (2) at the time of the entry, any person was in
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any part of that dwelling or room; and (3) at the time of the entry, defendant had the
specific intent to commit a crime (such as theft, assault, etc.) (Note: if element 3 is not
satisfied, the offense is unlawful entry.) (2nd degree): defendant entered any room,
apartment, dwelling, store, bank, or other building of another; and (2) at the time of the
entry, defendant had the specific intent to commit a crime (such as theft, assault, etc.)
(Note: if element 3 is not satisfied, the offense is unlawful entry.)
JURISDICTION: United States Attorney’s Office, Superior Court
APPLICABILITY: We must be able to demonstrate that a suspect entered the place
with the specific intent to commit a crime. Otherwise, the correct charge is unlawful
entry.
U.S. CAPITOL, SUPREME COURT, AND FOREIGN MISSION PROTESTS
CHARGE: Unlawful conduct, 9 D.C. Code Section 112 (a) (misdemeanor)
ELEMENTS OF THE CHARGE: (1) a person or group of persons, (2) carries or has
readily accessible any firearm, dangerous weapon, explosive, or incendiary device; or (3)
discharges any firearm or explosive, uses any dangerous weapon, or ignites any
incendiary device, upon the United States Capitol Grounds or within any of the Capitol
Buildings; or (4) transports by any means upon the United States Capitol Grounds or
within any of the Capitol Buildings any explosive or incendiary device; or (5) knowingly,
with force and violence, enters or remains upon the floor of either House of the Congress.
JURISDICTION: United States Attorney’s Office, Superior Court
APPLICABILITY: U.S. Capitol Police bring case in which protesters violate their
permits, or carry dangerous weapons on/in Capitol grounds/buildings.
CHARGE: Unlawful Entry, 9 D.C. Code Section 112 (b) (misdemeanor)
ELEMENTS OF THE CHARGE: (1) it is unlawful for any person or group of persons
willfully and knowingly; (2) to utter loud, threatening, or abusive language, or to engage
in any disorderly or disruptive conduct, at any place upon the United States Capitol
Grounds or within any of the Capitol Buildings; (3) with intent to impede, disrupt, or
disturb the orderly conduct of any session of the Congress or either House thereof, or the
orderly conduct within any such building of any hearing before, or any deliberations of,
any committee or subcommittee of the Congress or either House thereof; or (4) to
obstruct, or to impede passage through or within, the United States Capitol Grounds or
any of the Capitol Buildings; or (5) to engage in any act of physical violence upon the
United States Capitol Grounds or within any of the Capitol Buildings; or (6) to parade,
demonstrate, or picket within any of the Capitol Buildings.
JURISDICTION: United States Attorney’s Office, Superior Court
APPLICABILITY: U.S. Capitol Police bring case in which protesters violate their
permits, and commit what amounts to an unlawful entry (or any other crime) on U.S.
Capitol Grounds.
CHARGE: Protection of foreign officials, official guests, and internationally
protected persons, 18 U.S.C. § 112 (a) (felony)
ELEMENTS OF THE CHARGE: (1) Someone assaults, strikes, wounds, imprisons, or
acts violently against; (2) a foreign official, official guest, or internationally protected
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person; or (3) makes any other violent attack upon the person or liberty of such person; or
(4) is likely to endanger his person or liberty; or (5) makes a violent attack upon his
official premises, private accommodation, or means of transportation; or (6) attempts to
do any of the foregoing.
JURISDICTION: United States Attorney’s Office, Transnational and Major Crimes
Section
APPLICABILITY: A foreign dignitary is assaulted.
CHARGE: Protection of foreign officials, official guests, and internationally
protected persons, 18 U.S.C. § 112 (b) (misdemeanor)
ELEMENTS OF THE CHARGE: (1) Someone intimidates, coerces, or harasses a
foreign official or an official guest or obstructs a foreign official in the performance of
his duties; or (2) attempts to do the foregoing; or (3) congregates with 2 or more other
persons with intent to violate any provision of this section: (a) within the United States
and within 100' of any building or premises in whole or in part owned, used, or occupied
for official business or for diplomatic, consular, or residential purposes by (1) a foreign
government, including such use as a mission to an international organization; or (2)
an international organization; or (3) a foreign official; or (4) an official guest.
JURISDICTION: United States Attorney’s Office, Transnational and Major Crimes
Section
APPLICABILITY: A foreign dignitary is threatened or harassed while performing his
or her official duties.
CHARGE: Parades or assemblages; display of flags; U.S. Capitol and grounds, 9
D.C. Code Section 113 (misdemeanor)
ELEMENTS OF THE CHARGE: (1) person may not parade, stand, or move in
processions or assemblages; (2) in the U.S. Capitol grounds; (3) or to display therein any
flag, banner, or device designed or adapted to bring into public notice any party,
organization, or movement.
JURISDICTION: United States Attorney’s Office, Superior Court
APPLICABILITY: U.S. Capitol police officers bring case in which protesters violate
their permits.
CHARGE: Parades or assemblages; display of flags; Supreme Court Building and
grounds, 40 U.S.C. § 13k (misdemeanor)
ELEMENTS OF THE CHARGE: (1) It is unlawful to parade, stand, or move in
processions or assemblages in the Supreme Court Building or grounds; or (2) to display
therein any flag, banner, or device designed or adapted to bring into public notice any
party, organization, or movement.
JURISDICTION: United States Attorney’s Office, Superior Court
APPLICABILITY: Supreme Court law enforcement officers bring case in which
protesters violate their permits.
CHARGE: Injuries to property; Supreme Court Building and grounds, 40 U.S.C.
§ 13i (misdemeanor, or felony, if amount of property damage exceeds $100)
ELEMENTS OF THE CHARGE: (1) it is unlawful to step or climb upon, remove, or
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in any way injure; (2) any statue, seat, wall, fountain, or other erection or architectural
feature, or any tree, shrub, plant, or turf; (3) in the Supreme Court Building or grounds.
JURISDICTION: United States Attorney’s Office, Superior Court
APPLICABILITY: Supreme Court law enforcement officers bring case in which
protesters violate their permits.
CHARGE: Firearms or fireworks; speeches; objectionable language; Supreme Court
Building and grounds, 40 U.S.C. § 13j (misdemeanor)
ELEMENTS OF THE CHARGE: (1) it is unlawful to discharge any firearm, firework or
explosive, set fire to any combustible; (2) make any harangue or oration; or (3) utter loud,
threatening, or abusive language in the Supreme Court Building or grounds.
JURISDICTION: United States Attorney’s Office, Superior Court
APPLICABILITY: Supreme Court law enforcement officers bring case in which protesters
violate their permits.
CHARGE: Restriction of public travel; Supreme Court grounds, 40 U.S.C. § 13g
(misdemeanor)
ELEMENTS OF THE CHARGE: (1) Public travel in and occupancy of the Supreme Court
grounds is restricted to the sidewalks and other paved surfaces.
JURISDICTION: United States Attorney’s Office, Superior Court
APPLICABILITY: Supreme Court law enforcement officers bring case in which protesters
violate their permits.
CHARGE: Sale of articles; signs; solicitation; Supreme Court Building and grounds, 40
U.S.C. § 13h (misdemeanor)
ELEMENTS OF THE CHARGE: (1) it is unlawful to offer or expose any article for sale
in the Supreme Court Building or grounds; or (2) to display any sign, placard, or other form
of advertisement therein; or (3) to solicit fares, alms, subscriptions, or contributions therein.
JURISDICTION: United States Attorney’s Office, Superior Court
APPLICABILITY: Supreme Court law enforcement officers bring case in which protesters
violate their permits.
CHARGE: Carrying a Dangerous Weapon, 22 D.C. Code § 3204(a) (felony)
ELEMENTS OF THE CHARGE: (1) defendant carried a deadly or dangerous weapon
openly or concealed on or about his person; (2) defendant carried the weapon on purpose; (3)
defendant intended to use the object as a weapon; (4) the weapon could be concealed; (5)
the weapon was not being carried on land/property possessed/controlled by defendant. (Note:
a dangerous weapon is any object likely to produce death or great bodily injury by the use
made of it.)
JURISDICTION: United States Attorney’s Office, Superior Court
APPLICABILITY: Many objects (such as crowbars or wrenches) may be used as tools or
for other useful purposes, and the law does not prohibit carrying those objects for those
purposes. We must therefore prove that defendant intended to use the object as a deadly or
dangerous weapon. Legitimate considerations include: the design/construction of the object;
defendant’s conduct prior to his arrest; and the time and place defendant was found in
possession of the object. Walking down the street during a demonstration carrying a crowbar
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is not a crime.
CHARGE: Possession of a Prohibited Weapon, 22 D.C. Code § 3214 (a) and (b)
(misdemeanor)
ELEMENTS OF THE CHARGE: (PPW (a): (1) defendant possessed a machine gun,
sawed-off shotgun, black jack, slingshot (note: this is different than a slingshot), sand club,
sandbag, switch-blade knife, metal knuckles, or silencer; and (2) such possession was
knowing and intentional.
(PPW (b): (1) defendant possessed an imitation pistol, dagger, dirk,
razor, stiletto, knife with blade longer than 3", or other dangerous weapon; and (3) at the time
of the possession, defendant had the specific intent to use it unlawfully against another.
JURISDICTION: United States Attorney’s Office, Superior Court
APPLICABILITY: Some objects may be used as tools or for other useful purposes, and the
law does not prohibit carrying those objects for those purposes. Unless specifically set forth
in PPW(a) as being per se unlawful, we must in all other circumstances prove that defendant
intended to use the object as a deadly or dangerous weapon. Legitimate considerations
include: the design/construction of the object; defendant’s conduct prior to his arrest; and the
time and place defendant was found in possession of the object.
CHARGE: Possession of Implements of a Crime (“PIC”), 22 D.C. Code § 3601
(misdemeanor)
ELEMENTS OF THE CHARGE: (1) defendant possessed any instrument; tool; or
implement for picking tools or pockets; (2) with the intent to use such instrument, tool, or
implement to commit a crime.
JURISDICTION: United States Attorney’s Office, Superior Court
APPLICABILITY: Some objects may be used as tools or for other useful purposes, and the
law does not prohibit carrying those objects for those purposes. We must prove that
defendant intended to use the tool to commit a crime. Simply possessing crowbars, tripods,
concrete sleeves, axes, sledge hammers, and any other tool that arguably has a legitimate
purpose is not sufficient to convict someone under this statue.
ASSAULTIVE CRIMES
CHARGE: Simple Assault, 22 D.C. Code § 504 (misdemeanor)
ELEMENTS OF THE CHARGE: (1) defendant made an attempt or effort, with force or
violence, to injure another person, or the defendant committed a threatening act that
reasonably would create in another person a fear of immediate injury; (2) that at the time
s/he made the attempt or effort to injure, or committed the threatening act, the defendant had
the apparent ability to injure the person; and (3) the defendant committed the act voluntarily,
and on purpose, and not by accident or mistake.
JURISDICTION: United States Attorney’s Office, Superior Court
APPLICABILITY: Someone spits upon, hits, swings at, throws an object at, or injures in
any manner, a law enforcement officer.
CHARGE: Assault on a Police Officer, 22 D.C. Code § 505(a) (felony)
ELEMENTS OF THE CHARGE: (1) complainant was a member of a police force
operating in D.C.; (2) defendant assaulted, opposed, impeded, intimidated, or interfered with
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the complainant; (3) complainant was engaged in the performance of his/her official duties;
(4) defendant knew or had reason to know that complainant was a member of a police force;
and (5) defendant did not act by mistake.
JURISDICTION: United States Attorney’s Office, Superior Court
APPLICABILITY: Mere interference with a police officer generally will not be deemed
sufficient to prosecute an APO. More is needed, particularly during a demonstration, where
tempers may flare, and otherwise inappropriate behavior may be tolerated. If serious bodily
injury is suffered by the officer, or the suspect uses a weapon against the officer and injury is
sustained, an APO may be the appropriate charge. If a weapon (other than a gun) is used,
and no injuries are sustained, Simple Assault and PPW(b) are probably the more appropriate
charges.
CHARGE: Assault on a Federal Police Officer, 18 U.S.C. § 111
ELEMENTS OF THE CHARGE: (1) person forcibly assaults, resists, opposes, impedes,
intimidates, or interferes with any person designated in section 1114 of this title while
engaged in or on account of the performance of his/her official duties. (Note: where the acts
constitute only simple assault, defendant is fined or imprisoned not more than one year, or
both; in all other cases, defendant is fined or imprisoned not more than three years, or both;
enhanced penalty if suspect uses a deadly or dangerous weapon, or inflicts bodily injury,
suspect is fined or imprisoned not more than ten years, or both).
JURISDICTION: United States Attorney’s Office, Transnational and Major Crimes Section
APPLICABILITY: A federal law enforcement officer is assaulted during the course of his
law enforcement responsibilities. We will use this federal charge rarely, and under only the
most serious circumstances. Normally, the Superior Court Assault on a Police Officer
charge will be the most applicable charge. See APO, above.
CHARGE: Harming animals used in Law Enforcement, 18 U.S.C. § 1368
ELEMENTS OF THE CHARGE: (1) person maliciously harms any police animal, or
attempts to do so; (2) and the animal is “employed” by a federal agency (in the executive,
legislative, or judicial branch) for the principal purpose of aiding in the detection of criminal
activities, enforcement of laws, or apprehension of criminal offenders.
JURISDICTION: United States Attorney’s Office, Transnational and Major Crimes Section
APPLICABILITY: A federal law enforcement officer’s dog or horse is assaulted during
the course of the officer’s/animal’s law enforcement responsibilities. We will use this
federal charge rarely, and under only the most serious circumstances. Normally, the
Superior Court charge of Cruelty to Animals will be the most applicable charge. See Cruelty
to Animals, below.
CHARGE: Cruelty to Animals, 22 D.C. Code § 801 and 802 (misdemeanor)
ELEMENTS OF THE CHARGE: (1) person beats, tortures, mutilates, or kills any animal,
or causes any animal to be beaten, tortured, killed, etc.
JURISDICTION: United States Attorney’s Office, Superior Court
APPLICABILITY: A local law enforcement officer’s animal is assaulted during the course
of the officer’s/animal’s law enforcement responsibilities.
CHARGE: Assault with a Dangerous Weapon, 22 D.C. Code § 502 (felony)
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ELEMENTS OF THE CHARGE: (1) the three elements of simple assault must be proved;
and (2) the assault must have been committed with a dangerous weapon. A weapon is
anything that is designed to be used, or actually is used to attack or threaten another person.
A weapon is dangerous if it is used in a manner to produce death or great bodily injury.
Need not prove that defendant actually injured or even touched complainant with the
weapon; pointing it in a threatening manner is sufficient, for example.
JURISDICTION: United States Attorney’s Office, Superior Court
APPLICABILITY: Where person acts in a threatening manner while brandishing/using a
weapon that could cause death or great bodily injury. Not sufficient merely to be in
possession of an object that could, in some circumstances, be deemed dangerous.
CHARGE: Forgery and Uttering, 22 D.C. Code § 22-3841 (felony)
ELEMENTS OF THE CHARGE: (1) person makes, draws, or utters a forged written
instrument; (2) with intent to defraud or injure another.
JURISDICTION, United States Attorney’s Office, Superior Court
APPLICABILITY: (1) Someone presents staff or fake law enforcement credentials; this
constitutes an illegal uttering; (2) Someone presents legitimate staff or law enforcement
credentials, but someone other than the legitimate holder presents them; this constitutes
an illegal uttering; (3) someone presents fake tickets to an inaugural ball; this does not
constitute a crime, as we cannot prove that the person knew or should have known that
the tickets were fake, and we cannot show that a crime has been committed.
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Appendix J
Rights Notification Form
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Option 1 - YOU MAY ELECT TO “POST AND FORFEIT”
If you choose to “Post and Forfeit,” you will pay a certain amount of money and
you will be released immediately and the charges against you will be dropped.
You will never have to appear in court to answer the charges against you. You
will also never have an opportunity to appear in court to contest the charges
against you. You are required to prove your identity. A “post and forfeit” is not
an admission of guilt, and you will have no criminal record on these charges. But
you will have an arrest record on these charges.
If you are interested in the post and forfeit option, you will be provided with a list
showing the amount you must pay depending on the charge for which you were
arrested.
Your decision to post and forfeit is final unless you (or your attorney) file a
“Motion to Set Aside Forfeiture” within 90 days after forfeiture. Such a motion is
not automatically granted. If it is granted, the charges against you will be
reinstated and you will have to appear in court to answer them.
Option 2 - YOU MAY ELECT TO BE RELEASED ON CITATION (“CITE
OUT”)
You are eligible for citation release if you are arrested for a misdemeanor offense
that does not involve domestic violence and there are no outstanding warrants for
your arrest. You are not required to post any amount of money for citation release
but you are required to prove your identity.
If you elect citation release, you will be given a citation (similar to a traffic ticket),
requiring you to appear in D.C. Superior Court to answer the charges against you.
Failure to appear in court in response to the citation is a criminal offense. If you
fail to appear in court on the date specified in the citation, a warrant will be issued
for your arrest.
When you appear in court, the government may dismiss the charges against you or
may proceed to trial. If the government chooses to proceed to trial, you will have
a right to be represented by an attorney and if you cannot afford an attorney one
will be provided for you. The government will bear the burden of proving beyond
a reasonable doubt that you committed the offense with which you have been
charged. If you are convicted, you will have a criminal record in addition to your
arrest record. If you are acquitted, you will not have a criminal record but you
will still have an arrest record unless you are later able to get it sealed or expunged
by proving to the court that you did not commit any crime.
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Option 3 - YOU MAY ELECT TO POST BOND (“POST AND TRIAL”)
If you are not eligible for citation release, you may still be eligible to post bond. If
so, you may post a cash bond amount assigned to the charge, or a licensed
bondsman may agree to post the bond for you in return for a 10% fee. You are
required to prove your identity. You will be provided with a list showing the
amount you must post depending on the charge for which you were arrested.
You will be required to appear in D.C. Superior Court to answer the charges
against you. Failure to appear in court is a criminal offense. If you fail to appear
in court on the date specified, a warrant will be issued for your arrest.
When you appear in court, the government may dismiss the charges against you or
may proceed to trial. If the government chooses to proceed to trial, you will have
a right to be represented by an attorney and if you cannot afford an attorney one
will be provided for you. The government will bear the burden of proving beyond
a reasonable doubt that you committed the offense with which you have been
charged. If you are convicted, you will have a criminal record in addition to your
arrest record. If you are acquitted, you will not have a criminal record but you
will still have an arrest record unless you are later able to get it sealed or expunged
by proving to the court that you did not commit any crime.
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APPENDIX K
Use of Force
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V.
USE OF FORCE
A.
Definitions
The following terms shall have the meanings designated:
1.
Use of Force - any physical contact used to effect, influence or
persuade an individual to comply with an order from an officer.
2.
Deadly Force - any use of force likely to cause death or serious
physical injury.
3.
Non-Deadly Force - any use of force that is other than that which
is considered as deadly force.
4.
Serious Use of Force - lethal and less-than-lethal actions by MPD
officers including:
a)
All firearm discharges by an MPD officer with the
exception of range and training incidents and discharges at
animals;
b)
All uses of force by an MPD officer resulting in a broken
bone or an injury requiring hospitalization;
c)
All head strikes with an impact weapon;
d)
All uses of force by an MPD officer resulting in a loss of
consciousness, or that create a substantial risk of death,
serious disfigurement, disability or impairment of the
functioning of any body part or organ;
e)
All other uses of force by an MPD officer resulting in a
death; and
f)
All incidents where a person receives a bite from an MPD
canine.
5.
Use of Force Indicating Potential Criminal Conduct by an
Officer - includes, but is not limited to, all strikes, blows, kicks or
other similar uses of force against a handcuffed subject.
6.
Less-Than-Lethal Weapons - any object or device deployed with
the intent or purpose of eliminating a threat without causing death.
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These include, but are not limited to, a 37 mm gas gun containing
a cloth bag filled with small lead shot pellets, rubber baton rounds,
batons, OC Spray, Armament System Procedures (ASP) tactical
batons.
7.
Use of Force Option - a training model/philosophy that supports
the reasonable escalation and de-escalation of member-applied
force in proportional response to the actions and level of resistance
offered by a subject, but does not require the member to exhaust all
possible responses in either escalation or de-escalation. The initial
level of response is based upon the situation encountered at the
scene and the actions of the subject, and should be the minimum
amount of force sufficient to accomplish the mission. Such
response may progress from the member’s actual physical
presence at the scene to the application of deadly force.
8.
Objective Reasonableness - Reasonableness of a particular use of
force must be judged from the perspective of a reasonable officer
on the scene in light of the facts and circumstances confronting
them without regard to their underlying intent or motivation.
B. CDU Use of Force Options
1.
Constructive Force: Uniformed police presence. The presence
may be in platoon formation. There is no physical contact between
police and demonstrators. Officers in CDU protective gear may
only be deployed where there is a danger of violence. The on-
scene commander deploying officers in CDU protective gear shall
provide a written report explaining his or her deployment decision
and actions to the Chief of Police within 48 hours of the
deployment.
2.
Physical Force: Force involving hands-on touching, but with no
deployment of tools or weapons. This may include line and wedge
formations (with or without protective riot shield) that move a
crowd. Arrests also fall into this category.
3.
OC Force: The use of force involving Oleoresin Capsicum (OC),
a natural inflammatory agent derived from the pepper plant, which
is deployed from personal canisters or deployed from large scale
canisters (MK-9 and MK-46 canisters). Significantly more
stringent requirements must be met to justify dispensing OC Spray
from the large canisters (MK-46) than from personal canisters
(MK-9). A large canister should, generally, be deployed only
upon the approval of an on-scene commander to repel a substantial
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effort to breach a police line and/or to prevent significant physical
injury of police personnel and/or others.
4.
Mechanical Force: Force within this area is broken into two
levels of force:
Level I -The use of tools or weapons, to include riot baton,
ASP,1 riot shield
Level II - Less-lethal projectiles (i.e.: sting ball munitions,
37mm rubber projectiles, 40mm launcher).
5.
Chemical Force: The use of tools or weapons that disperse
chemical irritants, such as Chemical and CS Agents (tear gas). The
term “chemical agent” refers to all forms of chemical irritants
approved by the department for crowd control purposes.
6.
Chemical irritant shall not be used to disperse a First Amendment
assembly unless the assembly participants or others are committing
acts of public disobedience endangering public safety and
security. Large-scale canisters of chemical irritant shall not be
used at First Amendment assemblies unless (1) the use is approved
by an on-scene commander and (2) reasonable and necessary to
protect officers or others from physical harm or to arrest actively
resisting subjects. The on-scene commander approving the use of
large-scale canisters of chemical irritants shall provide a written
report (which will be available to the public) explaining his or her
decision and actions to the Chief of Police within 48 hours after
the event.
Deadly Force: Any use of force likely to cause death or serious
physical injury, including but not limited to the use of a firearm or
a strike to the head with a hard object. Deadly force must be
employed in accordance with GO-RAR - 901.07 (Use of Force)
C.
Use of Force Policy
The department’s force continuum and reporting requirements as
described in GO-RAR 901.07 (Use of Force) is applicable for crowd
control incidents and any use of force incident will be investigated by the
FIT.
Force as described herein is defined as the employment of physical
presence contact or weapons in order to disperse or contain a crowd, effect
1 ASP expandable riot baton devices are not part of the CDU force continuum (with the exception of other
law enforcement agencies armed with the ASP). ASP devices should only be used as a defensive tool if the
primary riot baton has been taken or lost during a confrontation.
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arrests, or protect lives and property. Force shall only be used when other
less stringent means have not or would not be effective. In all instances,
only the minimum amount of force, necessary to accomplishment the
mission, shall be used. Such force shall immediately be discontinued
upon a determination by the Incident Commander
Members may not employ unauthorized tools or weapons.2 Members
are specifically prohibited from discharging their firearms into
crowds.
In managing a crowd, the policy of this Department is to use the lowest
level of force necessary to accomplish the objective. The application of
force is confined to the force options as outlined below. The level of
force shall be dependant upon the level of opposition encountered.
Individual command officials may independently direct the use of force
when the squad, platoon, or district under their charge is detached from
the rest of the unit and when the isolated element’s safety or that of other
persons is jeopardized. However, if conditions permit, the Incident
Commander or his/her designee shall be apprised of the situation prior to
initiating any use of force at this level of command.
The application of force by a unit or element of it shall be immediately
discontinued upon a determination by the ranking official on the scene
that the condition, which required the use of force, has been alleviated.
All authorizations, directions, and applications concerning the use of force
shall be recorded on PD 759B (Commander's Mass Demonstration Event
Log) (Appendix B) and shall be included in the unit commander's after-
action report. Similarly, orders to discontinue the use of force shall also
be recorded. This information shall also be communicated to the MPD
Joint Operations Command Center (JOCC), and segregated into a distinct
category prescribed in accordance with JOCC procedures. Similarly,
orders to discontinue the use of force shall be communicated to the JOCC.
The Assistant Chief of Police, Special Services Command, shall ensure
that all use of force incidents occurring during civil disturbance incidents
are compiled, documented, and reviewed in an incident after-action report.
Incidents involving use of force during a 1st Amendment demonstration
will be forwarded the Force Investigation Team for investigation.
Individual members whose use of force is independent of the CDU unit,
shall be bound by department policy as is stipulated in GO-RAR 901.07
2 The following weapons are prohibited: shotguns, slapsticks, blackjacks, nun chukkas, saps, brass
knuckles, weighted gloves, and any unauthorized weapons.
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(Use of Force), and all specified reporting and notification requirements.
Nothing in the Use of Force policy prevents members from employing
force reasonably necessary to protect themselves or others from
physical or deadly force.
1.
Civil Disturbance Use of Force Protocols
a)
Orderly Crowds or marches
Police presence is appropriate in this category. Crowd
activities should be monitored. The police presence may
be in platoon formation. There should be no physical
contact between police and demonstrators.
b)
Peaceful Civil Disobedience
Unlawful, non-violent, peaceful actions by protestors:
Monitor crowd activities. Depending on the scenario and
degree of disruption, mass arrests can be considered. The
decision to make mass arrests shall only be commenced in
consultation with the Incident Commander or his/her
designee and must be based on probable cause that can be
applied to all arrests.
c)
Non-Peaceful Civil Disobedience
Non-peaceful Civil Disobedience: Utilize the Use of Force
continuum and/or, to the extent reasonably possible,
disperse, control or arrest only persons who have engaged
in unlawful conduct, and/or conduct a mass arrest,
according to stated procedures. Only those persons that the
Incident Commander has probable cause to arrest shall be
arrested. Platoon commanders shall contact the on-scene
official commanding the incident regarding use of force.
D.
Use of Force Continuum During Mass Demonstrations
1.
Police Lines
A police line can be either Constructive or Physical force. A
police line, which DOES NOT substantially encircle persons
engaged in a First Amendment assembly, may be established. A
police line may be established at the direction of a unit commander
whenever it becomes necessary to isolate an area in which large-
scale unlawful activity is occurring or has the potential of
occurring. It is done to prevent damage to a specific target, such
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as a building, a utility, or a business area, or for other purposes as
authorized by Article VI, Section 5(a) of the Police Regulations
(24 DCMR 2100). A police line can consist of either uniformed
personnel or blockade devices such as barricades, buses, ropes, or
motor scooters.
The objective of a police line is to affect the movement of
individuals or a crowd, to protect a group of individuals, or to
accomplish the arrests of persons within a group. A police line
may not substantially encircle a First Amendment assembly except
(1) where there is probable cause to arrest a significant number or
percentage of the persons located in the area of the assembly for
unlawful acts (other than failing to have an approved assembly
plan/permit) or (2) for the safety of the First Amendment assembly
participants.
Persons who reside, are employed, have a business or have
business of an emergency nature in an area marked off by a police
line shall not normally be barred from entering the area unless
their safety would be jeopardized or their entry would interfere
with police operations, and shall not be barred entry based upon
their views or expression. Persons not falling into one these
categories shall be prohibited from crossing a police line into a
disturbance area until such time order has been restored, and the
police line has been removed.
a)
Verbal harassment directed against members on a police
line shall not be cause for members to break ranks for the
purpose of making an arrest or to engage in a verbal
confrontation. However, assaults in the form of thrown
missiles capable of inflicting injury (i.e., Molotov
cocktails, bricks, etc.), or physical attacks upon members,
will not be tolerated, and unit supervisors shall make every
effort to identify and have arrested those engaged in such
activity.
b)
When normal vehicular and pedestrian traffic is affected
within a large area of the city by the establishment of a
police line, the Public Information Unit & CIC/ JOCC shall
be notified so that local communications media can
disseminate this information.
2.
CDU Platoon Formations
a)
Platoon formation - Constructive Force
i) To move a group of officers, on foot, from one location
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to another.
ii) This formation is used to gather officers whenever they
are in view of demonstrators.
b)
Line formation - Constructive or Physical Force
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To stop, guide or redirect forward movement or form a protective barrier
for safety and/or security reasons
i.
To move a crowd to another location.
c)
Wedge formation - Physical Force
i)
Divides a large crowd into two (2) smaller groups.
ii)
This can include Mechanical Force if tools or
weapons are used in conjunction with the
movement.
d)
Belt Cordon - Physical Force
i) Used to enable an arrest squad to move into a crowd to
remove individual(s) for whom there is probable cause
to arrest, or to remove individuals from the crowd for
their own safety.
ii) To split a crowd to enable movement of officers and
uninvolved citizens or protectees.
iii) This can include Mechanical Force if tools or weapons
are used in conjunction with the movement.
3.
OC Spray - OC Force
Individual “OC” dispensers shall be used as described in GO-RAR
-901.04 (Oleoresin Capsicum (OC) Spray Dispensers). They
shall be employed against crowds only as necessary in a defensive
capacity, unless no other crowd management weapons are readily
available for use and the tactical situation warrants the use of the
individual dispensers against a crowd. Such defensive use against
crowds shall be only upon approval by the Incident Commander or
his/her designee.
a)
Personal Size OC Spray - The use of the personal size OC
canister is not considered a crowd control action
1. Personal protection “OC”
i) Used to subdue a single person who is actively
resisting an officer.
ii) Subject must be at least three (3) feet from the
member and no more than five (5) to ten (10) feet
away.
iii) Police use of force protocols are in effect. GO-RAR
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901.07 (Use of Force), GO-RAR -901.04
(Oleoresin Capsicum (OD) Spray Dispensers), and
GO-RAR - 901.08 (Use of Force Investigations).
b)
MK 9 & MK-46 OC Canister - OC Force
i) Members are prohibited from using MK- 9 and MK-46
OC spray canisters to disperse crowds or others, unless
the use is approved by the incident commander because
it is reasonable and necessary to protect officers or
others from physical harm or to arrest actively resisting
subjects, or the crowd or others are endangering public
safety or security. Large-scale canisters should,
generally, be deployed only upon the approval of an on-
scene commander to repel a substantial effort to breach
a police line and/or to prevent significant physical
injury of police personnel and/or others.
ii) Are designed for crowd control purposes.
iii) Projects a large amount of OC Spray from a fire
extinguisher-like device.
iv) To be used to disperse a group demonstrators/protesters
who creating unsafe or disruptive conditions and/or are
actively resisting the police.
v) Can be used when lower levels of force will not cause
the desired effect or injuries to officer will occur if
direct physical confrontation occurs.
vi) Crowd must be in close proximity.
vii) Individuals in police custody who have been affected
by pepper spray shall be given an opportunity for
washing and flushing the affected areas with cold water
within 20 minutes of being sprayed, absent exigent
circumstances. They shall be advised, moreover, not to
use creams, ointments, or bandages on affected areas,
and that continual rubbing of the skin against affected
clothing will cause irritation and reddening of the skin
areas. Individuals who complain of continued effects
after having flushed the affected areas shall be
transported to a hospital for medical treatment.
4.
Riot Baton - Mechanical Force
a)
The riot baton shall be used as a defensive weapon. Care
should be taken to avoid an aggressive or intimidating
appearance through the inappropriate handling of the riot
baton. Uses such as striking are made as a means of
protection or overcoming resistance when other less
forceful methods would not be effective or could result in
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injury to the member, and when other means of assistance
are not readily available to the member. A strike to the
head with a riot baton is considered deadly force, thus the
FIT shall be responsible for conducting the force
investigation.
b)
Mechanical Force with Riot batons - When holding the
riot baton members shall always:
1. Use a port arms position to move a resistive crowd
from one area to another.
2. Always use a two-hand grip.
3. Ensure strikes are NOT made to the head or other vital
areas.
5.
Chemical Munitions (CS) - Chemical Force
The use of “CS” should be limited and only used when other
tactical options are either unavailable or when lower level of force
will not have the desired effect. Only the Chief of Police or his
designee shall authorize the use of “CS.” The aforementioned
should be considered options and not the mandatory escalation.
The commander may employ the level of force necessary to stop a
threat. De-escalation shall occur when the need for force no longer
occurs.
a.
Members are prohibited from using “CS” chemical to
disperse crowds or others, unless the incident
commander approves the use because it is reasonable
and necessary to protect officers or others from
physical harm or to arrest actively resisting subjects, or
the crowd or others are endangering public safety or
security.
b.
Chemical “CS” agents shall only be used as a defensive
weapon for the purpose of dispersing crowds that are
threatening or actively engaging in violence or to
protect lives and property when the circumstances
indicate that the use of chemical “CS” agents would be
the most effective manner of accomplishing the
objective. Before chemical “CS” agents are employed
in an defensive capacity, the official authorizing the
deployment of the agent shall ensure that avenues of
escape are available to the crowd.
c.
Individuals in police custody who have been affected
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by chemical CS agents shall be given an opportunity for
washing and flushing the affected areas with cold water
within 20 minutes of being sprayed, or as soon as
practicable. They shall be advised, moreover, not to
use creams, ointments, or bandages on affected areas,
and that continual rubbing of the skin against affected
clothing will cause irritation and reddening of the skin
areas. Individuals who complain of continued effects
after having flushed the affected areas shall be
transported to a hospital for medical treatment.
d.
Information required for documentation - The
authorizing official shall include the following
information in reports related to the use of chemical
agents:
(1) The circumstances that occasioned the use;
(2) Authorization for or notification of use,
whichever is applicable;
(3) The types and, as nearly as possible, the
amount of chemical agents used;
(4) The tactical results of use; and reports of ill
effects, besides normal irritation,
(5) Hospitalization apparently occasioned by the
effects of chemical CS agents.
6.
Canines
The use of canines for crowd control during a protest is strictly
prohibited. Explosive Ordinance Detection Canines may be used
to conduct sweeps.
E.
Civil Disturbance Use of Force Reporting and Investigation Protocol
1.
This SOP is a guideline for civil disturbance units during major
demonstrations in the District of Columbia. It should be noted that
these guidelines apply not only to Metropolitan Police Officers,
but also to members of outside law enforcement agencies working
under agreement with this Department.
2.
The Metropolitan Police Department adheres to the use-of-force
policies and reporting requirements as delineated in GO-RAR -
901.07 (Use of Force) and GO-RAR - 901.08 (Use of Force
Investigations). However, during civil disturbance situations, the
use-of-force reporting, documentation, and investigative processes
enumerated in these directives raise practical, logistical, and
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safety-related concerns. The above-referenced General Orders
shall guide members.
3.
Accordingly, the reporting, documentation, and investigative
procedures set forth in Appendix L shall be employed in mass
demonstrations situations.
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APPENDIX L
Internal Investigations
Use of Force
&
Misconduct
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I.
Investigations/Handling of Complaints
Sworn members of the Metropolitan Police Department are expected to
maintain the highest standards of conduct. Members should conduct
themselves properly and professionally, on or off duty. When a member is
accused of misconduct, a thorough investigation will be conducted.
Responsibilities and procedures for reporting and conducting
investigations of serious misconduct (administrative and/or criminal) that
may result in disciplinary action are set forth in GO-PER -120.23 (Serious
Misconduct Investigations). Responsibilities and procedures for
reporting and conducting investigations of administrative or policy
misconduct that may result in chain-of-command disciplinary action are
set forth in GO-PER -120.26 (Chain-of-Command Misconduct
Investigations).
The Office of Professional Responsibility (OPR) is responsible for
monitoring, assessing, and investigating allegations or instances of use of
force and/or misconduct involving members of the Metropolitan Police
Department through the Internal Investigations Branch (IIB) or the Force
Investigation Team (FIT) of the Internal Affairs Division.
During police operations relative to large-scale demonstrations and civil
disturbance situations, the Office of Professional Responsibility will
operate as follows:9
A.
Investigations of Uses of Force
1. Force Investigation Team
a)
As publicized in civil disturbance situations in the United
States and around the world, the possibility of police use of
force in these situations is likely, to include the possibility
of the use of deadly force. Compounding the situation will
not only be force used by members of the Metropolitan
Police Department, but also by members of other agencies
who have agreed to assist the Department.10
b)
The review of force during civil disturbance situations shall
normally be reviewed from a tactical and training
perspective. However, in those situations where a Serious
9 Members assigned to PMB and/or FIT shall not be used in a CDU capacity.
10 This does not include federal agencies.
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Use of Force occurs, a full investigation as denoted in GO-
RAR - 901.07 (Use of Force) shall occur. In these
instances, FIT shall be responsible for conducting the force
investigation in ALL instances where force is used during
First Amendment Assembly.
c)
The opportunity to conduct an extensive force review
during an incident may be hampered by civil disturbance or
riot-type conditions. In this scenario, FIT members shall
attempt to gather as much information as possible to initiate
the investigation. However, it is recognized that due to
safety concerns, team members may have to return to
conduct more extensive reviews once the area is secure and
conditions are safe.
i) Conditions might exist in which FIT might not
be able to enter a scene for several hours, or is
not notified of a Serious Use of Force incident
until long after its occurrence. In this case, FIT
members may have to rely on non-traditional
means such as reviewing video footage, medical
reports, etc. Nonetheless, the fullest
investigation possible will be conducted in
relation to the safety level of the scene at the
time of the incident.
ii) During a declared Civil Disturbance Condition,
Use of Force Incident Report forms (UFIR)
shall be completed for Serious Use of Force
incidents as per Use of Force Policy.
2.
The following requirements shall apply to FIT during mass
demonstrations and civil disturbance situations:
a)
A representative from the FIT shall be assigned to the Joint
Operations Command Center (JOCC) during a declared
Civil Disturbance Condition. This representative shall be
responsible for coordinating force-related information to
the Office of Professional Responsibility.
b)
FIT shall maintain a rapid response team to respond to
Serious Use of Force incidents occurring during civil
disturbance situations. These members should have full
protective gear and be prepared to respond to a scene in
which civil disturbance may be occurring.
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c)
FIT will assess all force incidents, and in consultation with
executive management, determine which incidents warrant
a substantive FIT rapid response.
d)
At the conclusion of a mass demonstration or civil
disturbance, FIT will complete a Use of Force After-Action
report.
e)
While not engaged in investigating force activity, members
of FIT will coordinate and confer with members of the
MPD Intelligence Section as it relates to use-of-force
information and possible high risk attacks on police
officers.
g)
Agents assigned to the OPR Electronic Surveillance Unit
shall provide technical support for members of FIT, to
include video documentation of civil disturbance electronic
news reports.
B.
Investigations of Misconduct/Complaints
1.
Complaints of police misconduct received from citizens during
mass demonstrations and periods of civil disorder shall be properly
recorded and investigated in accordance with the requirements of
either GO-PER -120.23 (Serious Misconduct Investigations) or
GO-PER -120.26 (Chain-of- Command Misconduct
Investigations). Investigations into such complaints shall be
conducted, utilizing prescribed procedures, as soon as the police
operation concerning the disturbance has been concluded.
2.
If a complaint is of a nature that would subject the Department to
public criticism or liability, or of a magnitude that, if substantiated,
could subject the member to disciplinary action, the Incident
Commander and the CIC/JOCC shall be notified immediately. The
Incident Commander shall determine what course of action should
be taken.
2.
Regardless of whether a complaint has been filed or is likely to be
filed, officials who observe or have reported to them instances of
misconduct by members against citizens shall take immediate steps
to determine the facts, and shall promptly take appropriate
corrective action, if necessary. Members who observe other
members engaging in misconduct against citizens shall report such
misconduct to an official as soon as practicable.
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APPENDIX M
The First Amendment Assemblies Act
of 2004
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First Amendment Rights and Police Standards
First Amendment Assemblies
§ 5-331.01. Short title
This subchapter may be cited as the "First Amendment Assemblies Act of 2004".
§ 5-331.02. Definitions
For the purposes of this subchapter, the term:
(1) " First Amendment assembly" means a demonstration, rally, parade, march, picket line,
or other similar gathering conducted for the purpose of persons expressing their political,
social, or religious views.
(2) "MPD" means the Metropolitan Police Department.
§ 5-331.03. Policy on First Amendment assemblies
It is the declared public 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 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.
§ 5-331.04. Reasonable time, place, and manner restrictions on First
Amendment assemblies
(a) The MPD shall recognize and implement the District policy on First Amendment
assemblies established in § 5-331.03 when enforcing any restrictions on First Amendment
assemblies held on District streets, sidewalks, or other public ways, or in District parks.
(b) The MPD may enforce reasonable time, place, and manner restrictions on First
Amendment assemblies by:
(1) Establishing reasonable restrictions on a proposed assembly prior to its planned
occurrence though the approval of a plan, where the organizers of the assembly give
notice;
(2) Enforcing reasonable restrictions during the occurrence of an assembly for which a
plan has been approved, which are in addition to the restrictions set forth in the approved
plan, where the additional restrictions are:
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(A) Ancillary to the restrictions set forth in the approved plan and are designed to
implement the substance and intent in the approval of the plan;
(B) Enforced in response to the occurrence of actions or events unrelated to the assembly
that were not anticipated at the time of the approval of the plan and that were not caused
by the plan-holder, counter-demonstrators, or the police; or
(C) Enforced to address a determination by the MPD during the pendency of the
assembly that there exists an imminent likelihood of violence endangering persons or
threatening to cause significant property damage; or
(3) Enforcing reasonable restrictions on a First Amendment assembly during its occurrence
where a plan was not approved for the assembly.
(c) No time, place, or manner restriction regarding a First Amendment assembly shall be
based on the content of the beliefs expressed or anticipated to be expressed during the
assembly, or on factors such as the attire or appearance of persons participating or expected
to participate in an assembly, nor may such restrictions favor non-First Amendment activities
over First Amendment activities.
§ 5-331.05. Notice and plan approval process for First Amendment assemblies
-- generally.
(a) It shall not be an offense to assemble or parade on a District street, sidewalk, or other
public way, or in a District park, without having provided notice or obtained an approved
assembly plan.
(b) The purpose of the notice and plan approval process is to avoid situations where more
than one group seeks to use the same space at the same time and to provide the MPD and
other District agencies the ability to provide appropriate police protection, traffic control,
and other support for participants and other individuals.
(c) Except as provided in subsection (d) of this section, a person or group who wishes to
conduct a First Amendment assembly on a District street, sidewalk, or other public way, or
in a District park, shall give notice and apply for approval of an assembly plan before
conducting the assembly.
(d) A person or group who wishes to conduct a First Amendment assembly on a District
street, sidewalk, or other public way, or in a District park, is not required to give notice or
apply for approval of an assembly plan before conducting the assembly where:
(1) The assembly will take place on public sidewalks and crosswalks and will not prevent
other pedestrians from using the sidewalks and crosswalks;
(2) The person or group reasonably anticipates that fewer than 50 persons will participate
in the assembly, and the assembly will not occur on a District street; or
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(3) The assembly is for the purpose of an immediate and spontaneous expression of views
in response to a public event.
(e) The Mayor shall not enforce any user fees on persons or groups that organize or conduct
First Amendment assemblies.
(f) The Mayor shall not require, separate from or in addition to the requirements for giving
notice of or applying for approval of an assembly plan for a First Amendment assembly, that
persons give notice to, or obtain a permit or plan from, the Chief of Police, or other District
officials or agencies, as a prerequisite for making or delivering an address, speech, or sermon
regarding any political, social, or religious subject in any District street, sidewalk, other
public way, or park.
(g) The Mayor shall not require, separate from or in addition to the requirements for giving
notice of or applying for approval of an assembly plan for a First Amendment assembly, that
persons give notice to, or obtain a permit or plan from the Chief of Police, the Department of
Consumer and Regulatory Affairs, or any other District official or agency as a prerequisite
for using a stand or structure in connection with such an assembly; provided, that a First
Amendment assembly plan may contain limits on the nature, size, or number of stands or
structures to be used as required to maintain public safety. Individuals conducting a First
Amendment assembly under subsection (d) of this section may use a stand or structure so
long as it does not prevent others from using the sidewalk.
(h) The Mayor shall not require, separate from or in addition to the requirements for giving
notice of or applying for approval of an assembly plan for a First Amendment assembly, that
persons give notice to, or obtain a permit or plan from, the Chief of Police, the Director of
the Department of Consumer and Regulatory Affairs, or any other District official or agency
as a prerequisite for selling demonstration-related merchandise within an area covered by an
approved plan or within an assembly covered by subsection (d) of this section; provided,
that nothing in this subsection shall be construed to authorize any person to sell merchandise
in a plan-approved area contrary to the wishes of the plan-holder.
§ 5-331.06. Notice and plan approval process for First Amendment assemblies
-- processing applications; appeals; rules
(a)(1) Subject to the appeal process set forth in subsection (d) of this section, the authority to
receive and review a notice of and an application for approval of a plan for a First
Amendment assembly on District streets, sidewalks, and other public ways, and in District
parks, and to grant, deny, or revoke an assembly plan, is vested exclusively with the Chief of
Police or his or her designee.
(2) Persons or groups providing notice to and applying for approval of a plan from the
District government to conduct a First Amendment assembly on a District street, sidewalk,
or other public way, or in a District park, shall not be required to obtain approval for the
assembly from any other official, agency, or entity in the District government, including
the District of Columbia Emergency Management Agency, the Mayor's Special Events
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Task Group, or the Department of Parks and Recreation.
(b)(1) The Chief of Police shall take final action on a notice of and an application for
approval of a plan for a First Amendment assembly within a reasonably prompt period of
time following receipt of the completed application, considering such factors as the
anticipated size of the assembly, the proposed date and location, and the number of days
between the application date and the proposed assembly date, and shall establish specific
timetables for processing an application by rules issued pursuant to subsection (e) of this
section.
(2) Except as provided in paragraph (3) of this subsection, where a complete application
for approval of a First Amendment assembly plan is filed 60 days or more prior to the
proposed assembly date, the application shall receive final action no later than 30 days
prior to the proposed assembly.
(3) Following the approval of an assembly plan in response to an application pursuant to
paragraph (2) of this subsection, the Chief of Police may, after consultations with the
person or group giving notice of the assembly, amend the plan to make reasonable
modifications to the assembly location or route up until 10 days prior to the assembly date
based on considerations of public safety.
(c) The Chief of Police shall inform the person or group giving notice of an assembly, in
writing, of the reasons for any decision to:
(1) Deny an application for approval of a First Amendment assembly plan;
(2) Revoke an assembly plan prior to the date of the planned assembly; or
(3) Approve an assembly plan subject to time, place, or manner restrictions that the
applicant has advised the Chief of Police are objectionable to the applicant.
(d)(1) Any applicant whose proposed assembly plan has been denied, revoked prior to the
date of the planned assembly, or granted subject to time, place, or manner restrictions
deemed objectionable by the applicant, may appeal such decision to the Mayor or the
Mayor's designee, who shall concur with, modify, or overrule the decision of the Chief of
Police.
(2) The Mayor shall make a decision on appeal expeditiously and prior to the date and time
the assembly is planned to commence, and shall explain in writing the reasons for the
decision.
(e)(1) Within 90 days of April 13, 2005, the Mayor, pursuant to subchapter I of Chapter 5 of
Title 2, and in accordance with this subchapter, shall issue rules governing the approval of
plans to persons or groups seeking to conduct a First Amendment assembly on District
streets, sidewalks, or other public ways, or in District parks.
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(2) Existing procedures for the issuance of permits to persons or groups seeking to conduct
a First Amendment assembly on District streets, sidewalks, or other public ways, or in
District parks, that are not inconsistent with this subchapter shall remain in effect pending
the issuance of the rules promulgated under paragraph (1) of this subsection.
§ 5-331.07. Police handling and response to First Amendment assemblies
(a) The MPD's handling of, and response to, all First Amendment assemblies shall be
designed and implemented to carry out the District policy on First Amendment assemblies
established in § 5-331.03.
(b)(1) Where participants in a First Amendment assembly fail to comply with reasonable
time, place, and manner restrictions, the MPD shall, to the extent reasonably possible, first
seek to enforce the restrictions through voluntary compliance and then seek, as appropriate,
to enforce the restrictions by issuing citations to, or by arresting, the specific non-compliant
persons, where probable cause to issue a citation or to arrest is present.
(2) Nothing in this subsection is intended to restrict the authority of the MPD to arrest
persons who engage in unlawful disorderly conduct, or violence directed at persons or
property.
(c) Where participants in a First Amendment assembly, or other persons at the location of the
assembly, engage in unlawful disorderly conduct, violence toward persons or property, or
unlawfully threaten violence, the MPD shall, to the extent reasonably possible, respond by
dispersing, controlling, or arresting the persons engaging in such conduct, and not by issuing
a general order to disperse, thus allowing the First Amendment assembly to continue.
(d) The MPD shall not issue a general order to disperse to participants in a First Amendment
assembly except where:
(1) A significant number or percentage of the assembly participants fail to adhere to the
imposed time, place, and manner restrictions, and either the compliance measures set forth
in subsection (b) of this section have failed to result in substantial compliance or there is
no reasonable likelihood that the measures set forth in subsection (b) of this section will
result in substantial compliance;
(2) A significant number or percentage of the assembly participants are engaging in, or are
about to engage in, unlawful disorderly conduct or violence toward persons or property; or
(3) A public safety emergency has been declared by the Mayor that is not based solely on
the fact that the First Amendment assembly is occurring, and the Chief of Police
determines that the public safety concerns that prompted the declaration require that the
First Amendment assembly be dispersed.
(e)(1) If and when the MPD determines that a First Amendment assembly, or part thereof,
should be dispersed, the MPD shall issue at least one clearly audible and understandable
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order to disperse using an amplification system or device, and shall provide the participants a
reasonable and adequate time to disperse and a clear and safe route for dispersal.
(2) Except where there is imminent danger of personal injury or significant damage to
property, the MPD shall issue multiple dispersal orders and, if appropriate, shall issue the
orders from multiple locations. The orders shall inform persons of the route or routes by
which they may disperse and shall state that refusal to disperse will subject them to arrest.
(3) Whenever possible, MPD shall make an audio or video recording of orders to disperse.
(f)(1) Where a First Amendment assembly is held on a District street, sidewalk, or other
public way, or in a District park, and an assembly plan has not been approved, the MPD
shall, consistent with the interests of public safety, seek to respond to and handle the
assembly in substantially the same manner as it responds to and handles assemblies with
approved plans.
(2) An order to disperse or arrest assembly participants shall not be based solely on the fact
that a plan has not been approved for the assembly.
(3) When responding to and handling a First Amendment assembly for which a plan has
not been approved, the MPD may take into account any actual diminution, caused by the
lack of advance notice, in its ability, or the ability of other governmental agencies,
appropriately to organize and allocate their personnel and resources so as to protect the
rights of both persons exercising free speech and other persons wishing to use the streets,
sidewalks, other public ways, and parks.
§ 5-331.08. Use of police lines
No emergency area or zone will be established by using a police line to encircle, or
substantially encircle, a demonstration, rally, parade, march, picket line, or other similar
assembly (or subpart thereof) conducted for the purpose of persons expressing their political,
social, or religious views except where there is probable cause to believe that a significant
number or percentage of the persons located in the area or zone have committed unlawful
acts (other than failure to have an approved assembly plan) and the police have the ability to
identify those individuals and have decided to arrest them; provided, that this section does
not prohibit the use of a police line to encircle an assembly for the safety of the
demonstrators.
§ 5-331.09. Identification of MPD personnel policing First Amendment
assemblies
The MPD shall implement a method for enhancing the visibility to the public of the name or
badge number of officers policing a First Amendment assembly by modifying the manner in
which those officers' names or badge numbers are affixed to the officers' uniforms or
helmets. The MPD shall ensure that all uniformed officers assigned to police First
Amendment assemblies are equipped with the enhanced identification and may be identified
even if wearing riot gear.
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§ 5-331.10. Documentation of arrests in connection with a First Amendment
assembly
(a) The MPD shall cause every arrest in connection with a First Amendment assembly to be
documented, in writing or electronically, by the officer at the scene who makes the arrest.
(b) Except as provided in subsection (c) of this section, the arrest documentation shall be
completed at a time reasonably contemporaneous with the arrest, and shall include:
(1) The name of the person arrested;
(2) The date and time of the arrest;
(3) Each offense charged;
(4) The location of the arrest, and of each offense;
(5) A brief statement of the facts and evidence establishing the basis to arrest the person
for each offense;
(6) An identification of the arresting officer (name and badge number); and
(7) Any other information the MPD may determine is necessary.
(c)(1) The Chief of Police may implement a procedure for documenting arrests in connection
with a First Amendment assembly different from that set forth in subsection (b) of this
section where the Chief determines that an emergency exists with regard to a specific First
Amendment assembly, and that implementation of the alternative procedure is necessary to
assist police in protecting persons, property, or preventing unlawful conduct; provided, that
any such procedure shall adequately document the basis that existed for each individual
arrest.
(2) The determination of the Chief of Police made pursuant to paragraph (1) of this
subsection shall be made in writing and shall include an explanation of the circumstances
justifying the determination.
(3) The determination of the Chief of Police made pursuant to paragraph (1) of this
subsection shall be valid for a period of 24 hours, and may be renewed by the Chief, or in
the Chief's absence, the Chief's designee.
§ 5-331.11. Use of handcuffs, plastic cuffs, or other physical restraints on
persons arrested in connection with a First Amendment assembly.
(a) The MPD shall adhere to the standard set forth in subsection (b) of this section in using
handcuffs, plastic cuffs, or other physical restraints on any person arrested in connection
with a First Amendment assembly who is being held in custody in the following
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circumstances:
(1) The arrestee is being held in a police processing center:
(A) To determine whether the arrestee should be released or the method for release;
(B) To determine whether the arrestee should be presented to court; or
(C) Pending presentation to court;
(2) The arrestee is being held in an unsecured processing center, and is not being held in a
cell; or
(3) The arrestee is charged solely with one or more misdemeanor offenses, none of which
have, as one of their elements, the commission of a violent act toward another person or a
threat to commit such an act, or the destruction of property, or a threat to destroy property.
(b) With regard to any person who is being held in custody by the MPD in the circumstances
identified in subsection (a) of this section, the MPD shall use handcuffs, plastic cuffs, or
other physical restraints only to the extent reasonably necessary, and in a manner reasonably
necessary, for the safety of officers and arrestees; provided, that no such person shall be
restrained by connecting his or her wrist to his or her ankle, and no such person shall be
restrained in any other manner that forces the person to remain in a physically painful
position.
(c) Nothing in this section is intended to restrict the otherwise lawful authority of the MPD
to use handcuffs, plastic cuffs, or other physical restraints on persons arrested in connection
with a First Amendment assembly at the time of or immediately following arrest, while
arrestees are being transported to a processing center, or while arrestees are being
transported to or from court.
§ 5-331.12. Prompt release of persons arrested in connection with a First
Amendment assembly.
(a)(1) The MPD shall promptly process any person arrested in connection with a First
Amendment assembly to determine whether the person is eligible for immediate release
pursuant to a lawful release option, and shall promptly release any person so eligible who
opts for release.
(2) The MPD shall promptly release any person arrested in connection with a First
Amendment assembly who, it is subsequently determined, should not be charged with any
offense, or as to whom arrest documentation has not been prepared and preserved.
(b)(1) The MPD shall require that an officer holding a supervisory rank document and
explain any instance in which a person arrested in connection with a First Amendment
assembly who opts for release pursuant to any lawful release option or who is not charged
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with any offense is not released within 4 hours from the time of arrest.
(2) The MPD shall provide to any person not released within a reasonable time of arrest
food appropriate to the person's health.
(c) The Chief of Police shall issue an annual public report that:
(1) Identifies the number of persons in the preceding year who were arrested in connection
with a First Amendment assembly and opted for release pursuant to any lawful release
option or were not charged with any offense and were not released from custody within 4
hours after the time of arrest;
(2) Discusses the reasons for the delay in processing such persons for release; and
(3) Describes any steps taken or to be taken to ensure that all such persons are released
within 4 hours from the time of arrest.
(d) The MPD shall ensure that it possesses an automated information processing system that
enables it to promptly process for release or presentation to the court all persons arrested in
connection with a First Amendment assembly, and shall ensure that such system is fully
operational (with respect to its hardware, software, and staffing) prior to a First Amendment
assembly that has a potential for a substantial number of arrests.
§ 5-331.13. Notice to persons arrested in connection with a First Amendment
assembly of their release options.
(a) The MPD shall fully and accurately advise persons arrested in connection with a First
Amendment assembly of all potential release options when processing them for release from
custody or for presentation to court.
(b)(1) The MPD shall provide a written notice identifying all release options to each person
arrested in connection with a First Amendment assembly who is charged solely with one or
more misdemeanor offenses. The notice shall clearly indicate that the options are alternative
methods for obtaining a prompt release, and that the availability of each option is dependent
on a determination that the arrestee is eligible to participate in that release option. The
notice shall also identify the misdemeanor charges lodged against the arrestee.
(2) The notice required by paragraph (1) of this subsection shall be offered in the Spanish
language to those persons who require or desire notice in this manner, and shall be offered
in other languages as is reasonable to ensure meaningful access to the notice for persons
who are limited English proficient.
§ 5-331.14. Police-media relations
(a) Within 90 days of April 13, 2005, the Chief of Police, pursuant to subchapter 1 of
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Chapter 5 of Title 2, shall issue rules governing police passes for media personnel.
(b) Within 90 days of April 13, 2005, the Chief of Police shall develop and implement a
written policy governing interactions between the MPD and media representatives who are
in or near an area where a First Amendment assembly is ongoing and who are reporting on
the First Amendment assembly. The policy shall be consistent with the requirements of
subsection (c) of this section.
(c)(1) The 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.
(2) 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.
(3) 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.
§ 5-331.15. Training for handling of, and response to, First Amendment
assemblies
The Chief of Police shall ensure that all relevant MPD personnel, including command staff,
supervisory personnel, and line officers, are provided regular and periodic training on the
handling of, and response to, First Amendment assemblies. The training shall be tailored to
the duties and responsibilities assigned to different MPD positions and ranks during a First
Amendment assembly. The training shall include instruction on the provisions of this
subchapter, and the regulations issued hereunder.
§ 5-331.16. Use of riot gear and riot tactics at First Amendment assemblies
(a) Officers in riot gear shall be deployed consistent with the District policy on First
Amendment assemblies and only where there is a danger of violence. Following any
deployment of officers in riot gear, the commander at the scene shall make a written report to
the Chief of Police within 48 hours and that report shall be available to the public on request.
(b)(1) Large scale canisters of chemical irritant shall not be used at First Amendment
assemblies absent the approval of a commanding officer at the scene, and the chemical
irritant is reasonable and necessary to protect officers or others from physical harm or to
arrest actively resisting subjects.
(2) Chemical irritant shall not be used by officers to disperse a First Amendment assembly
unless the assembly participants or others are committing acts of public disobedience
endangering public safety and security.
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(3) A commanding officer who makes the determination specified in paragraph (1) of this
subsection shall file with the Chief of Police a written report explaining his or her action
within 48 hours after the event.
§ 5-331.17. Construction
The provisions of this subchapter are intended to protect persons who are exercising First
Amendment rights in the District of Columbia, and the standards for police conduct set forth
in this subchapter may be relied upon by such persons in any action alleging violations of
statutory or common law rights.
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APPENDIX N
Records Retention
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It is the policy of the MPD that records associated with mass demonstrations and protests
are retained for a period of no less than three (3) years. In the furtherance of this policy,
the following procedures shall be followed:
In the event of a mass demonstration or protest, either planned or spontaneous, the
following members are required to take action to identify and preserve all computer files,
communication recordings/radio runs and documents reasonably related to the event.
MPD must ensure original documents are preserved.
1.
Commanding Officer, Special Operations Division (SOD), upon notification of a
mass demonstration or protest shall:
a.
Secure a Central Complaint Number (CCN) designated solely for
the event. This CCN shall be used when referring to any records
retained which are associated with the event.
NOTE: Different CCN’s may be obtained for individual incidents
which occur during the event, e.g., damage to property, PD 42,
arrest(s).
b.
Designate a secure location within SOD, in which all records
(originals and copies) shall be stored.
c.
Ensure the records are properly marked and indexed with the CCN
for the event.
d.
Serve as the preserver of these records (originals and copies) for a
period of no less than three (3) years.
e.
Seek and receive written permission from the Office of the
Attorney General (OAG) and the MPD’s Office of General
Counsel (OGC) prior to moving, surrendering or destroying any
records associated with mass demonstrations or protests.
2.
Director, Command Information Center (CIC), upon notification of a mass
demonstration or protest shall:
a.
Contact SOD and ascertain the assigned CCN.
b.
Ensure all records (originals and copies) relative to the event are
retained, indexed, marked with the corresponding CCN and
forwarded to the Commanding Officer, SOD, no later than ten (10)
days following the event.
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c.
Ensure, upon the activation the Joint Operation Commander Center
(JOCC), a running resume shall be initiated and continue until the
JOCC is deactivated. This resume shall be logged, marked with
the corresponding CCN and forwarded with all other records to the
Commanding Officer, SOD, no later than ten (10) days following
the event.
d.
MPD must ensure that originals are preserved as well.
3.
MPD Liaison Official assigned to the Office of Unified Communication (OUC),
upon notification of a mass demonstration or protest shall:
a.
Contact SOD and confirm the designated CCN assigned to the
event.
b.
Ensure OUC assigns a radio channel to be dedicated to the event.
c.
Ensure copies of all radio transmissions related to the events are
retained, indexed, marked with the corresponding event CCN and
forwarded to the Commanding Officer, SOD, no later than ten (10)
days following the event.
d.
MPD must ensure that originals are preserved as well.
4.
Photographic or Video Recording or Surveillance
a.
Commanding Officers of units having members assigned to (or
those with the capability to) utilize government issued equipment
to engage in photographic or video recording or surveillance
(audio and/or video, still photography) any mass demonstration or
protest shall establish a log book to index any recordings of any
mass demonstration or protest. The log book shall contain:
1)
Members name and assignment;
2)
Equipment and recording media used;
3)
Dates, Times and location(s) of the recordings;
4)
Notation of the indexing and logging of return of all media
used.
b.
Members who are assigned to (or those with the capability to)
utilize government issued equipment to engage in photographic or
video recording or surveillance shall, upon completion of the
assignment,
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1)
Label all recordings with the event number along with the
time(s) and location(s) the recording(s) were taken and the
operators badge number and CAD number.
2)
Document their use of photographic or video recording or
surveillance in the unit’s log book.
NOTE: If no recordings are taken, note such in the log
book.
3)
Ensure originals and copies of all recordings related to the
events are retained, properly marked and forwarded to the
Commanding Officer, SOD, no later than ten (10) days
following the event.
4)
Ensure copies of the log book are properly marked and
forwarded to the Commanding Officer, SOD, no later than
ten (10) days following the event. (The original log book
shall be retained at the organizational element.)
c.
Members who may utilize their personal equipment to take
photographs or record video (e.g., personal cell phone) shall
preserve any photos or recordings in accordance with GO-SPT-
601.02 (Preservation of Potentially Discoverable Material).
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Kandak COIN
Checklist
ANA 3-24.4
May 15, 2009
ANA 3-24.4 Kandak Checklist
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The Mission of the ANA is to protect the
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ANA 3-24.4 Kandak Checklist
Kandak COIN Checklist
Table of Contents
Chapter
Subject
Para
Preface
1
Before Mission
(Predeployment)
Kandak
1-1
Commander
Executive Officer
1-2
(XO)
S1 (Personnel
1-3
Officer)
S2 (Intelligence
1-4
Officer)
S3 (Operations
1-5
Officer)
S4 (Logistics
1-6
Officer)
S6
1-7
(Communications
Officer)
2
Mission (Deployment)
Kandak
2-1
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The Mission of the ANA is to protect the
Afghan people
ANA 3-24.4 Kandak Checklist
Chapter
Subject
Para
Commander
Executive Officer
2-2
(XO)
S1 (Personnel
2-3
Officer)
S2 (Intelligence
2-4
Officer)
S3 (Operations
2-5
Officer)
S4 (Logistics
2-6
Officer)
S6
2-7
(Communications
Officer)
Base (FOB)
2-8
Defense
Convoy
2-9
Operations
Patrolling
2-10
Cordon and
2-11
Search
Relief in Place
2-12
Counter IED
2-13
Logistics while
2-14
Deployed
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The Mission of the ANA is to protect the
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ANA 3-24.4 Kandak Checklist
Chapter
Subject
Para
Rules of
2-15
Engagement
Detainees
2-16
3
After Mission
(Redeployment)
Kandak
3-1
Commander
Executive Officer
3-2
(XO)
S1 (Personnel
3-3
Officer)
S2 (Intelligence
3-4
Officer)
S3 (Operations
3-5
Officer)
S4 (Logistics
3-6
Officer)
S6
3-7
(Communications
Officer)
Appendices
A
Afghanistan COIN
Principles
B
Commanders Situation
Report (SITREP) (Red
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The Mission of the ANA is to protect the
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ANA 3-24.4 Kandak Checklist
Chapter
Subject
Para
3)
C
Daily Personnel
Summary (Black 1)
D
Battle Loss Report
(Black 2)
E
Intelligence Summary
(INSUM) (Blue 1)
F
EPW, Captured Materiel
(Blue 4)
G
Periodic Intel Report
(Blue 2)
H
Logistics Status
(LOGSTAT)(Green 2)
I
Closing Report (Red 4)
J
Movement Report (Red
5)
K
IED/UXO Report
L
Convoy Checklist
M
Jirga Report
N
Request for Information
(RFI)
O
Working with ETT and
OMLT
P
Standard FFI
Requirements
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The Mission of the ANA is to protect the
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ANA 3-24.4 Kandak Checklist
Chapter
Subject
Para
Q
Standing PIRs
R
Class I Basic Load
S
Class III (POL)
T
Class V (Ammunition)
Basic Load
U
Recommended Soldiers
Load
V
Criteria for evaluating
capability for reports
Green (G), Amber (A),
Red (R), Black (B)
Acronyms and Glossary
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The Mission of the ANA is to protect the
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ANA 3-24.4 Kandak Checklist
Preface
The Mission of the ANA is to secure
and protect the Afghan people.
Proponent of this checklist is ANATC Doctrine Office.
Recommended changes should be submitted on ANA
Form 2028 (attached) and addressed to Commander,
ANATC.
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The Mission of the ANA is to protect the
Afghan people
ANA 3-24.4 Kandak Checklist
Chapter 1
Before Mission
(Predeployment)
1-1. Kandak Commander
• Kandak Commander takes the S3 to the
Brigade and receives the Operations
Order.
• Kandak Commander and S3 read and fully
understand the order.
• Kandak Commander instructs the
Executive Officer to assemble the staff
• Kandak Commander gives a copy of the
order and initial guidance and CCIR to the
XO and staff.
• Begins work on Commanders Intent
statement for the OPORD.
• Kandak Commander will periodically
check the progress of the staff
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The Mission of the ANA is to protect the
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ANA 3-24.4 Kandak Checklist
• Kandak Commander ensures a warning
order is put out by the S3.
• Responsible for all events (training and
operations) that the Kandak does or fails
to do.
• Approves Kandak annual training
guidance.
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The Mission of the ANA is to protect the
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ANA 3-24.4 Kandak Checklist
1-2. Executive Officer (XO)
• XO assembles the staff in preparation to
receive the order.
• XO determines timeline (using the one
third, two thirds rule) (Figure #2) for
briefing to the commander and when staff
updates and OPORD inputs are due to the
S3.
o S2 Intel update to the staff
• XO supervises the MDMP process (Figure
#1).
• Monitors the staff and ensures they meet
established timelines.
• Responsible for establishing an inspection
program using the staff as inspectors and
conduct annual inspections of each
company to ensure they are in compliance
with all policies, regulations and
commanders guidance.
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The Mission of the ANA is to protect the
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ANA 3-24.4 Kandak Checklist
1-3. S1 (Personnel Officer)
• S1 requests personnel strength from
subordinate units (Appendix C).
• S1 completes personnel estimate and
distributes to staff.
o Strength of each subordinate unit.
o Critical MOS shortages.
o Requests replacement personnel
from brigade as needed.
o Updates personnel rosters as
needed.
• S1 participates in MDMP process
• Develops a support COA for each
maneuver COA.
• Analyzes each COA from the personnel
perspective.
• S1 completes battlefield casualty
operations plan in conjunction with
Medical Platoon Leader, Kandak Surgeon.
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The Mission of the ANA is to protect the
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ANA 3-24.4 Kandak Checklist
• S1 keeps the XO informed of any
significant information involving
personnel.
• S1 updates personnel report with brigade.
• S1 includes Medical Platoon Leader in all
planning.
• When directed inspect the Kandak
companies personnel accountability and
reporting system for compliance IAW
policies, regulations and commanders
guidance.
• Ensures replacement personnel are
requested to bring the kandak to 100% fill.
o Develops an R&R (rest and
recreation) plan that will give all
soldiers a chance to take leave and
visit family.
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The Mission of the ANA is to protect the
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ANA 3-24.4 Kandak Checklist
S1 Section Responsibilities
Processes personnel actions.
Leaves
Finance
Legal
Promotions
Transfers
Awards
Complies daily personnel report and sends to
Brigade S1.
Performs Casualty Operations.
Processes replacements.
Tracks all personnel evaluations and ensures
they are submitted on time to brigade.
Performs postal operations.
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The Mission of the ANA is to protect the
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ANA 3-24.4 Kandak Checklist
1-4. S2 (Intelligence Officer)
•
Unit S2 participates in the military
decision-making process (MDMP). The
S2's first priority at this level is to ensure a
good intelligence preparation of the
battlefield (IPB) process to drive staff
planning.
o
Defines the battlefield
environment (ASCOPE)
Area
¾ Population
¾ Threat
¾ Tribal Affiliations
¾ Terrain
¾ Economic
Structures
¾ Roads
¾ Key Structures
Capabilities
¾ SWEATMS (Sewer,
Water, Electric,
Academic, Trash,
Medical, Security)
¾ Public Health
¾ Education and Water
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The Mission of the ANA is to protect the
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ANA 3-24.4 Kandak Checklist
¾ Security
Organizations
¾ Organizations in
Province
People
¾ Provincial Governor
¾ District Governor
¾ Chief of Police and
prominent Elders
Events
¾ Upcoming Key Events
¾ Past Key Events
o Describe the Environment’s
Effects
¾ Weather
¾ Terrain Analysis
(using OCOKA)
¾ Effects of Urban
Terrain types on Opns
o Identify/Evaluate Threat and
Relevant Influences
¾ Conventional Military
Forces
¾ Militia or Special
Police
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The Mission of the ANA is to protect the
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ANA 3-24.4 Kandak Checklist
¾ Paramilitary Forces
¾ Enemy Key Systems,
Nodes & Leaders
¾ Insurgents
¾ Terrorists
¾ Outside agents of
influence / support
o
Determines Threat Courses of
Action
¾ COA Sketch &
Statement
¾ SITEMAP
¾ OBJ Blowup Sketch
¾ HVTs
o
Recommends PIRs to the
Commander (Appendix Q)
• Prepares the intelligence section of the
OPORD (paragraph #1).
• Develops initial intelligence requirements.
• Requests support and or information from
higher headquarters if items or
information are not available at Kandak
level.
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The Mission of the ANA is to protect the
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ANA 3-24.4 Kandak Checklist
o Maps, imagery
o Request latest intelligent summary
on the AO
o Request light and weather
information
o Request any information on NGOs
working in the area
• Briefs staff on initial intelligence estimate
when directed by XO to aid staff in
mission planning.
• Participates in MDMP process.
• Provides updated graphics to subordinate
units.
• Provides Kandak Commander with
graphics of the AO to aid in his analysis.
• Develops reconnaissance and surveillance
plan in coordination with S3.
• Continually analyze available intelligence.
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The Mission of the ANA is to protect the
Afghan people
ANA 3-24.4 Kandak Checklist
• Reports new information to commander,
staff, higher headquarters, and subordinate
elements as directed.
• When directed inspect the Kandak
companies to ensure there compliance in
physical security procedures IAW
policies, regulations and commanders
guidance .
S2 Section Responsibilities
Battle Tracking
Provides graphics to subordinate units
Develops Collection plan
Forwards all reports to brigade (Appendix D, E,
F)
Analyzes available intelligence
Determines map requirements
Prepares the INSUM (Appendix E)
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The Mission of the ANA is to protect the
Afghan people
ANA 3-24.4 Kandak Checklist
1-5. S3 (Operations Officer)
• Receives the Kandak Commanders initial
guidance and visualization of the
operation.
• Defines the Area of Operation (AO) and
briefs the rest of the staff.
• Issues a Warning Order to subordinate
units after receiving guidance from the
Kandak Commander
• Assists the Kandak Commander with
“Commanders Intent” statement for the
OPORD.
• Develops multiple courses of action for
the MDMP.
• Participates in the MDMP process.
• Reviews staff inputs to the OPORD and
ensure they support the course of action
the commander selected during MDMP.
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The Mission of the ANA is to protect the
Afghan people
ANA 3-24.4 Kandak Checklist
• Reviews entire OPORDs for
synchronization and completeness.
• Provides OPORD and graphics to all
subordinate units.
• Reviews plans and orders of subordinate
unit.
• Forecasts all training resources for the
Kandak (ammunition, training areas,
etc…).
• Reviews company training schedules to
ensure they are in IAW policies,
regulations and commanders guidance.
• Ensures long range training calendar is
completed on time and submitted to
brigade.
• Coordinates with Garrison Support Unit
for training resources as required (ranges,
land, etc…).
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The Mission of the ANA is to protect the
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ANA 3-24.4 Kandak Checklist
• Writes Kandak annual training guidance
for the Kandak Commander.
• Manage the schools program to ensure
soldiers are sent to required school on a
timely basis.
Section Responsibilities
Compiles and distributes the OPORD.
Monitors the Kandak preparation for the
mission.
Staffs the operations cell of the TOC.
Battle Tracking
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The Mission of the ANA is to protect the
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ANA 3-24.4 Kandak Checklist
1-6. S4 (Logistics Officeer)
• Reviews the Brigades CSS plans.
• Requests a logistics status from each
subordinate unit (Appendix H).
• Prepares and updates the Logistics
estimate.
o Determines supply status of classes
I, III, IV, V, and IX.
o Determines the maintenance status
of all vehicles and crew-served
weapons
• Requests supplies needed for operation.
• Ensures Class I, III, V basic loads are on
hand (Appendices R, S, T)
• Participates in the MDMP process.
• Writes paragraph #4 of the OPORD.
• Coordinates with S3 for transportation
requirements and requests if necessary.
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The Mission of the ANA is to protect the
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