The Department respects the rights of people to peaceably assemble.  Department members shall not interfere with persons engaged in the lawful exercise of their rights.  Department members maintain the affirmative duty to preserve the peace, protect life, and prevent the destruction of property.

Participant behavior during an assembly, protest, or demonstration can vary, with some individuals engaging in lawful, constitutional protected actions, civil disobedience (minor criminal acts), and rioting.  All of these behaviors may be present during the same event.  Department members shall take measured, objectively necessary, and reasonable actions appropriate to the behavior they are encountering.

This policy was implemented to comply with California Penal Code Section 13652 and provide guidance for the use of Kinetic Energy Projectiles (KEP) and Chemical Agents (CA) to disperse assemblies, protests, and demonstrations.

Penal Code section 13652 ONLY applies to the use of CA and KEP to disperse assemblies, protests, or demonstrations.

This statute/policy does not apply to other patrol incidents where the use of KEP and CA is objectively reasonable and consistent with Department policy.  Furthermore, Penal Code section 13652 does not apply within any county detention or jail facility.  In addition, the law does not prohibit the use of other less-lethal weapons and force options at protests, assemblies, and gatherings, when their use is objectively reasonable and necessary based on the totality of the circumstances in accordance with the Department’s use of force policies and procedures.