The Saint Paul Police Department (SPPD) is committed to protecting First Amendment rights. The Chief of Police formed the Special Operations Unit (SOU) to ensure the department’s readiness to respond to the wide variety of demonstrations that occur in our city and safely facilitate First Amendment expression.
Scope:
SOU will work to ensure department readiness to respond to events or actions for which the department determines that emergency, event planning, or crowd management services are appropriate.
Organization:
SOU is led by a senior commander who reports to the deputy chief of operations.
Mission:
Preparation, training, and flexible response options are the keys to success for public and officer safety and meeting stakeholder expectations. To effectively meet community needs and maintain safety and security, SOU will implement layered responses based on best practices without regard to message or content. Police responses will be evaluated and deployed based on reasonableness, necessity, and whether options for police action can be carried out in a respectful manner. Decisions to limit the actions of any individual or group will be based on the incident commander’s assessment of risk to public safety without regard to the content or message of the event.
Operations:
All officers and command staff must understand the fundamental rights protected by the Constitution. A broad and deep understanding of this material will help officers make good decisions related to a gathering of individuals regardless of the reason for their actions.
Event operational plans will be reviewed by SOU and approved by the deputy chief of operations for all major events to ensure this policy and best practices are followed. SOU will provide training for all department staff and information and support to City employees and officials as needed.
Emergency Management Liaison:
SOU will be the liaison to Saint Paul Emergency Management (SPEM) and will work to maintain department-wide emergency response competency through interagency collaboration and training. SOU will also work with SPEM to coordinate department needs and grant purchases.
Event Planning and Permit Review:
The Community Engagement Unit will review and issue permits to facilitate those who wish to gather, demonstrate, protest, and exercise their First Amendment rights safely and lawfully in the City of Saint Paul. Permits will be evaluated by the Community Engagement Unit with advice from SOU. Decisions for issuing or denying a permit will be made based on public safety considerations, not the message of the group requesting the permit.
The Special Operations Unit will plan the public safety response for large events as assigned by the chief or his or her designee.
Crowd Management:
Different types of events may require SOU crowd control services in the discretion of the chief or his or her designee. For ease of reference in this policy, events for which the department may provide crowd management services include the following:
- Demonstration - an event in which one or more people wish to express an opinion on a topic in a public place.
- Civil Disturbance - an event in which one or more people who wish to express an opinion on a topic in a public place cause a disruption to someone else.
- Civil Disturbance with Criminal Actions - an event in which one or more people who wish to express an opinion on a topic in a public place cause a disruption to someone else and the actions of the group are non-violent crimes.
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Civil Disturbance with threats of violence or violent actions - an event in which one or more people who wish to express an opinion on a topic in a public place cause a disruption to someone else and the actions of the group threaten violence or violent crimes.
Permitted Demonstrations:
Demonstrators are asked to communicate with the department before holding an event so that the department can facilitate safe public assembly and expression. Demonstrators planning an event that will obstruct any street, sidewalk, or other right of way are asked to apply for a permit. Applying for a permit provides an opportunity for dialog between the department and individuals wishing to be heard and allows the permitting sergeant to communicate applicable laws and regulations.
Non-permitted Demonstrations:
Non-permitted events can be planned or spontaneous. For planned non-permitted events, SOU will attempt to contact the event organizer and discuss the objectives of the event. During these discussions, just as in the permitting process, SOU will explain the department’s expectations for public safety and laws and regulations that may affect event attendees.
For spontaneous events, the officer in charge of the event will notify his/her supervisor of the event. When safe, the officer in charge will contact the group’s organizer and attempt to convey the department’s expectations for public safety and laws and regulations applicable to every demonstration in our city.
Civil Disturbances:
Civil Disturbances are characterized by the conduct of individuals participating in the event and a desire of those in the event to disrupt public activities, a governmental entity, or a public service provider to bring attention to their cause or message. Civil Disturbances can be either permitted or non-permitted.
The department will carefully evaluate impact to public safety in determining whether to issue a permit to a Civil Disturbance. Use of public spaces and streets for Civil Disturbances may be permitted when event organizers pre-plan the event and the event does not cause significant public safety risks. Marching on neighborhood side streets will be facilitated when the department has available sufficient resources to mitigate traffic safety impacts and there are no other public safety concerns.
Non-Violent Criminal Actions during Demonstrations or Civil Disturbances:
The department is committed to facilitating protected expression and the public exchange of ideas when it can safely do so. As part of this commitment, the department will respond to non-violent criminal offenses through evidence gathering and documentation for later charging by criminal complaint when immediate arrests are not necessary and reasonable to maintain public safety.
Criminal Actions during a Demonstration or Civil Disturbance Involving Threats or Acts of Violence:
Peace officers retain discretion to act in their best judgment based upon known or believed facts and circumstances. A peace officer observing criminal conduct constituting an act or threat of violence against another may respond to the criminal conduct based on articulable probable cause. Officers must document their observations establishing probable cause to believe that an offense involving a threat or act of violence has been committed and their response per department report writing policies.
Officers should consider the following when making an arrest during a Demonstration or Civil Disturbance:
- What are the facts and circumstances indicating a threat or act of violence?
- Can the officer safely act due to the dynamics of the crowd?
- Will the officer’s actions create a reaction from the crowd that can be managed by other officers at the scene?
Mobile Field Force (MFF) officers are encouraged to report their observations of criminal conduct to MFF Command for further orders. This should not stop the officer from acting to protect life.
Issued March 21, 2017