Policy Text
GENERAL ORDER #17.03 1 (HIGH LIABILITY)
DEMONSTRATIONS AND CIVIL DISORDERS
GENERAL ORDER #17.03
Adopted: 07/07/2010 Updated: 06/10/2022
Replaces: G.O. #17.03 dated 02/22/2010 Reviewed: 06/10/2022
Number of Pages: 11 Distribution: Unrestricted
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POLICY
The Santa Clara County Sheriff's Office respects the rights of people to peaceably assemble. It
is the policy of this office 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 prev enting the destruction of property.
The Crowd Control Unit will be utilized when there exists a need for managing large crowds in
preplanned or unplanned incidents.
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, includi ng 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 loiteri ng. However, deputies 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:
1. Lawful, constitutionally pro tected actions and speech.
2. Civil disobedience (typically involving minor criminal acts).
3. Rioting.
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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 deputies may encounter.
This is particularly critical if force is being used. Adaptable strategie s 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 to prevent the destruction of property.
Deputies sh all not:
1. Engage in assembly or demonstration -related discussion with participants.
2. Harass, confront or intimidate participants.
3. Seize the cameras, cell phones or materials of participants or observers unless a
deputy is placing a person under lawful arrest.
Supervisors sh ould continually observe deputies under their commands to ensure that members’
interaction with participants and their response to crowd dynamics is appropriate.
PROCEDURE
A. UNPLANNED EVENTS
When responding to an unplanned or spontaneous public gathering, the first responding deputy
should conduct an assessment of conditions, including, but not limited to, the following:
1. Location
2. Number of participants
3. Apparent purpose of the event
4. Leadership (whether it is apparent and/or whether it is effective )
5. Any initial indicators of unlawful or disruptive activity
6. Indicators that lawful use of public facilities, streets or walkways will be impacted
7. Ability and/or need to continue monitoring the incident
Initial assessment information should be promptly communicated to County Communications,
and the assignment of a supervisor should be requested. Additional resources should be
requested as appropriate. The responding supervisor sha ll assume command of the incident until
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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 .
B. PLANNED EVENT PREPARATION
For planned events, comprehensive, incident -specific operational plans shall be developed. The
Incident Command System (ICS) should be utilized for all planned events.
C. RECOGNITION OF POTENTIAL PROBLEMS
Recognition and adequate preparation require the effort of all personnel.
1. Primary gathering of information concerning possible demonstrations and/or
disorders shall be reported by Sheriff's personnel to the Special Enforcement
Division or the Watch Commander .
2. The Special Enforcement Division shall be responsible for initial evaluation of
information and shall report all findings to the Sheriff, Undersheriff, responsible
Division Captains, and the Crowd Control Unit Commander.
3. In cases of impending action, the Special Enforcement Division shall, on behalf of
the Sheriff, arrange for a meeting between all concerned command staff and
applicable outside agencies to properly evaluate and plan for a multi -agency
response.
4. The following pertinent information may be needed for evaluation and should be
made available to the agency(s) as soon as possible. It shall include but not
necessarily be limited to:
a. Concerned jurisdiction or jurisdictions .
b. Date and time.
c. Schedule of events.
d. Exact location.
e. Estimate of weather conditions.
f. Stated purpose of demonstration.
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g. Possible real purpose.
h. Estimate of crowd size.
i. Activities planned.
j. Character and temperament of those participating.
k. Likely climate of meeting.
l. Sponsoring person or groups.
m. Key personalities.
n. Possible cooperating groups, such as monitors, first aid, and press.
o. Identity of cooperating persons and coordinators.
p. Identity of antagonistic groups and leaders.
q. Anything else that may be of assistance