Policy Text
Policy
433San Luis Obispo Police Department
San Luis Obispo PD CA Policy Manual
Copyright Lexipol, LLC 2025/07/01, All Rights Reserved.
Published with permission by San Luis Obispo Police
DepartmentFirst Amendment Assemblies - 1First Amendment Assemblies
433.1 PURPOSE AND SCOPE
This policy provides guidance for responding to public assemblies, protests, or demonstrations,
including requirements regarding the use of kinetic energy projectiles and chemical agents.
433.2 POLICY
The San Luis Obispo 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.
433.3 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. However, officers shall not take action or fail to take action based on the opinions being
expressed.
Participant behavior during a demonstration, protest, 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, protests, 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.
San Luis Obispo Police Department
San Luis Obispo PD CA Policy Manual
First Amendment Assemblies
Copyright Lexipol, LLC 2025/07/01, All Rights Reserved.
Published with permission by San Luis Obispo Police
DepartmentFirst Amendment Assemblies - 2433.3.1 PHOTOGRAPHS AND VIDEO RECORDINGS
Photographs and video recording, when appropriate, can serve a number of purposes,
including support of criminal prosecutions by documenting criminal acts; assistance in evaluating
department performance; serving as training material; recording the use of dispersal orders; and
facilitating a response to allegations of improper law enforcement conduct.
Photographs and videos will not be used or retained for the sole purpose of collecting or
maintaining information about the political, religious, or social views of associations, or the
activities of any individual, group, association, organization, corporation, business, or partnership,
unless such information directly relates to an investigation of criminal activities and there is
reasonable suspicion that the subject of the information is involved in criminal conduct.
433.4 UNPLANNED EVENTS
When responding to an unplanned or spontaneous public gathering, the first responding officer
should conduct an assessment of conditions, including, but not limited to, the following:
•Location
•Number of participants
•Apparent purpose of the event
•Leadership (whether it is apparent and/or whether it is effective)
•Any initial indicators of unlawful or disruptive activity
•Indicators that lawful use of public facilities, streets or walkways will be impacted
•Ability and/or need to continue monitoring the incident
Initial assessment information should be promptly communicated to the Communications Center,
and the assignment of a supervisor should be requested. Additional resources should be
requested as appropriate. The responding supervisor shall assume command of the incident until
command is expressly assumed by another, and the assumption of command is communicated
to the involved members. A clearly defined command structure that is consistent with the Incident
Command System (ICS) should be established as resources are deployed.
433.5 PLANNED EVENT PREPARATION
For planned events, comprehensive, incident-specific operational plans should be developed. The
ICS should be considered for such events.
433.5.1 INFORMATION GATHERING AND ASSESSMENT
In order to properly assess the potential impact of a public assembly, protest, or demonstration
on public safety and order, relevant information should be collected and vetted. This may include:
•Information obtained from outreach to group organizers or leaders.
•Information about past and potential unlawful conduct associated with the event or
similar events.
San Luis Obispo Police Department
San Luis Obispo PD CA Policy Manual
First Amendment Assemblies
Copyright Lexipol, LLC 2025/07/01, All Rights Reserved.
Published with permission by San Luis Obispo Police
DepartmentFirst Amendment Assemblies - 3•The potential time, duration, scope, and type of planned activities.
•Any other information related to the goal of providing a balanced response to criminal
activity and the protection of participants and other public safety interests.
Information should be obtained in a transparent manner, and the sources documented. Relevant
information should be communicated to the appropriate parties in a timely manner.
Information will be