Police Response to Protests, Riots & Crowd Control Expert Article

The management of riots and large-scale public disturbances can result in litigation for law enforcement agencies. In this article, Police Practices Expert, Mark Meredith provides an overview of the standard of care for the use of less-lethal weapons by police during riots and large crowd control situations.

Police Procedures for Riots, Protests & Crowd Control

Police use of less-lethal weapons such as tear gas, bean bag rounds, and stun grenades, are intended to de-escalate violence before resorting to deadly force. However, the use of less-lethal weapons can still result in serious injuries.

In a forensic investigation of an incident where the use of less-lethal weapons potentially resulted in a serious injury, an expert would first seek to determine whether the weapon(s) were used properly, and in adherence with policies and procedures, as well as applicable law.  

In addition to the policies and procedures within individual jurisdictions, the International Association of Chiefs of Police (IACP) has published Model Policy on Crowd Management emphasizing that all persons in the U.S. are protected under the First Amendment, and the role of law enforcement is to ensure that protected activities remain peaceful and are conducted legally.

Use of Force

Most state laws and law enforcement policies and procedures provide guidance for the use of force by law enforcement, including during civil unrest. Law enforcement may use reasonable force for the following reasons:

1. To overcome resistance
2. Affect an arrest
3. Prevent escape
4. Self-defense (oneself/others) of death or serious bodily injury

In a civil unrest situation, the reasonableness of law enforcement's use of force is based on the type of resistance encountered by individual law enforcement officers and can be broken down into three general levels and examples of each:

1. Passive resistance: Refuses to obey verbal commands but does not offer physical resistance to law enforcement.
2. Active resistance: Refuses to obey verbal commands and physically resists law enforcement's attempt to gain compliance.
3. Assaultive Behavior: Punching, kicking, and/or throwing objects at law enforcement

Use of Less-Lethal Weapons

Direct-impact weapons should only be used on protestors who exhibit assaultive behavior or are committing other felonies. Direct impact weapons would include: 40 mm Launchers, pepperball guns (when used as direct impact weapon), and beanbag shotguns. 

Less-lethal weapons are used to incapacitate or disperse crowds without causing permanent harm. The term "less-lethal" rather than "non-lethal" reflects the fact that these weapons can still cause significant injury or death if misused.

Each weapons system has a minimum firing range below which that weapon could be considered lethal.

Common types include:

1. Gas (CS /CN gas): An irritant that causes respiratory distress, eye irritation, and temporary incapacitation.
2. Bean Bag Rounds: Fired from a shotgun, these small fabric bags filled with lead shot are meant to deliver blunt force.
3. Stun Grenades (Flashbangs): Create a loud explosion and bright flash to disorient and disperse crowds.
4. Pepper Spray: A chemical irritant that causes temporary blindness, respiratory issues, and intense pain.
5. 40-millimeter Launcher: shoots a 40mm projectile to stop, control, or restrain people, using blunt force. It can shoot several less-lethal rounds, such as the sponge round containing a chemical irritant.
6. Pepperball Rounds: Fired from a system similar to paintball guns, it shoots a .68-caliber frangible round containing Pava powder (a synthetic version of capsaicin or "OC"). Pepperball rounds deliver both blunt force and a chemical irritant.

While these tools can effectively disperse dangerous crowds, improper use can escalate violence or result in unintended casualties.

Critical Principles for Proper Use

Proportionality

One of the most critical principles governing using less-lethal weapons is proportionality. Force must be appropriate to the level of threat faced by officers or bystanders. In riot control, officers should aim to minimize harm, using less-lethal options only when necessary.

Clear Communication and Warnings

When possible, police give clear verbal warnings and communicate the intended use before deploying any less-lethal weapon. This allows peaceful protesters or bystanders the opportunity to disperse and prevents accidental harm to individuals who may not be involved in criminal activity. Warnings also establish a legal and ethical foundation for the subsequent use of force.

Targeting

Proper targeting is crucial to minimizing injury. Bean bag rounds, for example, generally should never intentionally be aimed at a person's head, neck, chest, or groin unless deadly force is authorized. Officers should aim for large muscle groups, such as the thighs or buttocks, to achieve the intended incapacitation with minimal risk of long-term damage.

Use as a Last Resort

When reasonable, less-lethal weapons should not be the first tool used to control a crowd. Police should attempt non-violent de-escalation methods, such as negotiation, crowd control formations, and barriers. Less-lethal force should only be used when there is a clear and immediate threat to public safety and when other measures have failed or are not feasible.

Avoid Indiscriminate Use

Deploying tear gas, pepperball rounds, or beanbag rounds indiscriminately into a crowd can lead to chaos, injuries, and legal consequences. Officers must ensure that their actions are aimed at addressing specific threats and not simply to punish or intimidate the crowd. Tear gas, for example, should be deployed only in open spaces where escape routes are available to avoid trapping individuals and causing panic.

Medical Response

Any use of less-lethal weapons may cause injuries, and police must be prepared to provide or facilitate immediate medical assistance to anyone injured during the incident when possible. Failure to do so may violate an individual's Constitutional rights.

Training and Accountability

Rigorous Training

Proper use of less-lethal weapons requires thorough, ongoing training. Officers must understand the risks and limitations of each weapon and the appropriate contexts for their use. Training should include simulations of real-world scenarios, focusing on decision-making under pressure, communication strategies, and de-escalation tactics.

Clear Use of Force Policies

Law enforcement agencies should have clear policies governing the use of less-lethal weapons. These policies must emphasize the need for proportionality, accountability, and transparency. Officers must be trained to understand the legal and ethical guidelines around the use of force in crowd control situations.

Body Cameras and Documentation

Officers should use body cameras while engaging in riot control to ensure transparency and accountability. Video footage provides an objective record of events and can be used to investigate complaints or allegations of excessive force. Detailed incident reports should be written, including the justification for using less-lethal weapons, areas targeted, and the officer's training in the less-lethal system they utilized.

Protection of Civil Liberties

One of the biggest challenges in riot control is balancing public safety with protecting civil liberties. Less-lethal weapons can be effective for maintaining order, but their use must not infringe on the right to peaceful assembly. Officers must distinguish between those committing acts of violence or damage and those exercising their constitutional rights.

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Featured Expert

Mark Meredith

Police Practices & Premises Security Expert

Mark Meredith has a diverse background in law enforcement and security spanning more than 25 years. His expertise covers an array of issues including hiring and training practices, emergency… read more.