COPS Office, Policing Institute Issue Mass Protesting Guidance for Law Enforcement

John Minchillo | AP

The Office of Community Oriented Policing Services (COPS) at the Department of Justice (DOJ) issued guidance to assist state, local, tribal, and territorial law enforcement agencies in responding to mass demonstrations. The guidance was produced in partnership with the National Policing Institute (NPI) and Police Executive Research Forum (PERF).

The 21st Century Protest Response: Promoting Democracy and Advancing Community and Officer Safety contains 102 recommendations focused on seven areas: situational awareness; community relationship building and involvement; planning and training; response strategies and tactics; communication; officer safety and wellness; and after-action review. The COPS Office, NPI, and PERF developed the recommendations  through virtual town hall meetings, two recommendation workshops, and extensive listening sessions with stakeholder groups. Stakeholders included law enforcement; national civil rights organizations; community groups; local, state, and federal governments; officer training organizations; academia; and public information offices.

Situational Awareness

Protest environments are complex,  often making it difficult for law enforcement to gain insight into the dynamics of the demonstration. The guidance explains that an understanding of the community's characteristics (religious, political, social, economic, and demographic) can assist law enforcement in preparing for a potential incident. This information can be used to identify leaders, and foster communication and coordination so that agency personnel and resources can be scheduled and deployed in an efficient manner.

The guidance offered the following recommendations to help agencies make sense of their operating environment:

• Develop and implement procedures and strategies which engage community members, prioritize partnerships, and identify issues, social structures, and context ahead of potential protests;

• Identify the community leaders and organizers in your area and engage with them proactively;

• Create an easy-to-understand reference document that provides critical information on protest activity and response to community members; and,

• Discuss the police response and protester behavior with the organizers following the demonstration.

Planning & Training

In the engagement discussions, stakeholders noted that many law enforcement agencies were unprepared when the protests began in 2020–2021. Stakeholders identified  challenges including the size and duration of the protests, the sophisticated and well-coordinated tactics demonstrated by demonstrators, social media, disparate groups involved, and internal agency challenges.

To prepare for future mass protests, the report listed the following recommendations:

• Provide annual training and updates to all personnel on measures related to mass gatherings and demonstrations;

• Ensure all personnel are aware of the policies, procedures, and legal requirements that govern their response to demonstrations to maintain public and officer safety;

• Educate the community about the protest training officers receive and integrate community perspectives into the process; and,

• Secure resources to provide a seamless span of control and command.

Response Strategies

The size, magnitude, and dynamic nature of some of the protests in 2020–2021 challenged traditional police strategies. Many protests saw leadership change quickly, with some groups breaking away from the larger crowd, requiring an agile police response. Stakeholders reported difficulties in adjusting strategies to address fast-moving, splintering protest groups with diverse agendas and interests.

To address police tactics during protests, the report recommended:

• Safeguard officers by implementing an overarching policy that considers the nuances of dynamic protests and civil unrest, which includes critical thinking indicators and provides models for making decisions;

• Establish clear roles, responsibilities, and protocols for mass demonstrations with mutual aid providers, implement them, and evaluate them regularly;

• Coordinate information gathering and special event planning, particularly when demonstration organizers do not follow permit requirements;

• Establish a neutral system of policing to support a consistent response to protesters and increase awareness of the system among law enforcement and community members;

• Communicate real-time between supervisors in the field and appropriate leaders in the command center to allow for a more immediate response to changes in the environment and situation;

• Maintain peaceful demonstrations by working with community leaders and using precision tactics to identify and extract individuals engaged in violent or destructive activities; and,

• Ensure policies and procedures provide clear definitions of different types of uses of force, clearer direction on appropriate and authorized types of force, examples of uses of identified levels of force, and documentation processes.

In addition to preserving and defending First Amendment rights, law enforcement agencies are also responsible for identifying when intervention is necessary for safety and public order. The recommendations offered in this report respond to the challenges presented by previous mass protests and protect the right to protest while safeguarding police and community safety.

“Safeguarding the right to peaceably protest while maintaining public safety can be an extremely delicate balancing act for law enforcement but is nonetheless an essential one to ensure that the basic tenets of our democracy are upheld,” said Robert Chapman, the COPS Office's Acting Director. “The guidance released today will assist law enforcement agencies with protecting constitutional rights while prioritizing community and officer safety.”

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