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Policy 433Santa Monica Police Department Santa Monica Police Department Policy Manual Copyright Lexipol, LLC 2024/04/29, All Rights Reserved. Published with permission by Santa Monica Police DepartmentFirst Amendment Assemblies - 1First Amendment Assemblies 433.1 PURPOSE AND SCOPE This policy provides guidance for responding to public assemblies or demonstrations. 433.2 POLICY The Santa Monica 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, 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 a sworn 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. Santa Monica Police Department Santa Monica Police Department Policy Manual First Amendment Assemblies Copyright Lexipol, LLC 2024/04/29, All Rights Reserved. Published with permission by Santa Monica 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 Public Safety 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 It is the responsibility of the Planning and Intelligence Unit to develop comprehensive, incident- specific operational plans for planned events. The Planning and Intelligence Unit will prepare and plan the Department's response and establish an ICS, as appropriate, for such events. 433.5.1 INFORMATION GATHERING AND ASSESSMENT In order to properly assess the potential impact of a public assembly 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. Santa Monica Police Department Santa Monica Police Department Policy Manual First Amendment Assemblies Copyright Lexipol, LLC 2024/04/29, All Rights Reserved. Published with permission by Santa Monica Police DepartmentFirst Amendment Assemblies - 3•Information about past and potential unlawful conduct associated with the event or similar events. •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 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 obtained in a lawful manner and will not be based solely on the purpose or content of the assembly