Policy Text
1
San Francisco Police Department 8.10
GENERAL ORDER Rev. 10/01/08
GUIDELINES FOR FIRST AMENDMENT ACTIVITIES
I. STATEMENT OF PRINCIPLES
A. GENERAL POLICY. It is the policy of the Sa n Francisco Police Department to ensure that
the First Amendment rights guaranteed by the United States Constitution are protected for all
individuals and to permit police i nvolvement in the exercise of t hose rights only to the extent
necessary to provide for the legitimate needs of law enforcement in investigating criminal
activity.
B. WHEN A CRIMINAL INVESTIGATI ON THAT INVOLVES FIRST AMENDMENT
ACTIVITIES IS PERMITTED. The Department may conduct a criminal investigation that
involves the First Amendment activities of person s, groups or organizations when there is an
articulable and reasonable suspicion to believe that:
1. They are planning or are engaged in criminal activity
a. which could reasonably be expected to resu lt in bodily injury a nd/or property damage
in excess of $2500
b. or which constitutes a felony or misdemeanor hate crime, and
2. The First Amendment activities are re levant to the criminal investigation.
C. WHEN THESE GUIDELINES APPLY
1. The Department must follow these guideline s in every criminal investigation that
involves the First Amendment activities of a person, group, or organization. These
guidelines do not apply to criminal investig ations that do not i nvolve First Amendment
activities.
2. These guidelines are intended to regulate the conduct of criminal investigations that
involve First Amendment activities by re quiring (1) written justification for the
investigation and (2) writt en approval by the Commanding Officer of the Special
Investigations Division, Deput y Chief of Investigations, and the Chief of Police.
3. Theses guidelines, however, are not intended to interfere with investigations into criminal
activity. Investigations of crim inal activities that involve First Amendment activities are
permitted provided that the investigation is justified and documented as required by these guidelines.
2DGO 8.10
Rev. 10/01/08
II. DEFINITIONS
A. First Amendment Activity: All speech, asso ciations and/or conduct protected by the First
Amendment and/or California Constitution Article I, section 2 (Freedom of Speech) and/or
Article 3 (Right to Assemble and Petition the Government, including but not limited to
expression, advocacy, association or participa tion in expressive conduct to further any
political or social opinio n or religious belief.)
1. Examples. First Amendment activity includes speaking, meeting, writing, marching,
picketing or other expressive conduct protected by the First Amendment.
B. Articulable and Reasonable Suspicion: The stan dard of reasonable suspicion is lower than
probable cause. This standard re quires members to be able to articulate specific facts or
circumstances indicating a past, current, or impending violation, and there must be an objective basis for initiating the inves tigation. A mere hunch is insufficient.
1. Demonstrations. The Department shall not c onduct an investigation in connection with a
planned political demonstration, march, rally or other public event, including an act of
civil disobedience, unless the pr erequisites of Section I.B, s upra, are met. Nothing shall
preclude the Department, however, from ope nly contacting organizations or persons
knowledgeable about a public even t to facilitate traffic control, crowd management, or
other safety measures at the event.
C. Infiltrator: An undercover o fficer or civilian acting under th e direction of the Department
who attends a meeting, joins an organization, deve lops a relationship with an individual or
organization or eavesdrops for the purpose of obtaining information about an individual or
organization for transmittal to the San Francisco Police Department.
D. Informant: A person who provides informati on to the San Francisco Police Department
motivated by the expectation of receiving compen sation or benefit, but is not acting under the
direction of the Department.
E. Source: A person who provides information to the San Francisco Police Department with no
expectation of compensation or benefit and is not acting under th e direction of the
Department.
III. AUTHORIZATION REQUIRED FOR AN INVESTIGATION
A. A member of the Department may undertak e an investigation that comes within these
guidelines only after receiving prior written authorization by the Commanding Officer of the
Special Investigations Division (SID), the Deput y Chief of the Investigations Bureau, and the
Chief of Police. However, neither the Comma nding Officer of SID, the Deputy Chief of the
Investigations Bureau, nor the Chief of Police is authorized to approve an investigation
and/or the gathering or maintenance of informa tion in violation of the terms of this General
Order.
3DGO 8.10
Rev. 10/01/08
B. To obtain written authorization, a member must submit a memorandum through their chain of
command to the Commanding Officer of the SID containing the following:
1. The identity of the subject of the proposed investigation, if known.
2. The facts and circumstances that create an articulable and reasonable suspicion of
criminal activity as defined in Section I. B.
3. The relevance of the First Amendm ent activities to the investigation.
C. When an investigation is authorized by the Commanding Officer of SID and after review by
the Deputy Chief of the Investigations Burea u, a copy of the memorandum shall be sent to
the Chief of Police, who shall indica te his/her approval or disapproval.
D.