Policy Text
Policy Delano Police Department
430 Delano PD Policy Manual
First Amendment Assemblies
430.1 PURPOSE AND SCOPE
This policy provides guidance for responding to public assemblies or demonstrations.
430.2 POLICY
The Delano Police Department respects the rights of people to peaceably assemble. It is the policy
of this department not to unreasonably interfere with, harass, intimidate or discriminate against
persons engaged in the lawful exercise of their rights, while also preserving the peace, protecting
life and preventing the destruction of property.
430.3 GENERAL CONSIDERATIONS
Individuals or groups present on the public way, such as public facilities, streets or walkways,
generally have the right to assemble, rally, demonstrate, protest or otherwise express their views
and opinions through varying forms of communication, including the distribution of printed matter.
These rights may be limited by laws or ordinances regulating such matters as the obstruction
of individual or vehicle access or egress, trespass, noise, picketing, distribution of handbills and
leafleting, and loitering. However, officers shall not take action or fail to take action based on the
opinions being expressed.
Participant behavior during a demonstration or other public assembly can vary. This may include,
but is not limited to:
• Lawful, constitutionally protected actions and speech.
• Civil disobedience (typically involving minor criminal acts).
• Rioting.
All of these behaviors may be present during the same event. Therefore, it is imperative that law
enforcement actions are measured and appropriate for the behaviors officers may encounter. This
is particularly critical if force is being used. Adaptable strategies and tactics are essential. The
purpose of a law enforcement presence at the scene of public assemblies and demonstrations
should be to preserve the peace, to protect life and prevent the destruction of property.
Officers should not:
(a) Engage in assembly or demonstration-related discussion with participants.
(b) Harass, confront or intimidate participants.
(c) Seize the cameras, cell phones or materials of participants or observers unless an
officer is placing a person under lawful arrest.
Supervisors should continually observe department members under their commands to ensure
that members’ interaction with participants and their response to crowd dynamics is appropriate.
Copyright Lexipol, LLC 2019/12/06, All Rights Reserved. First Amendment Assemblies - 1
Published with permission by Delano Police Department