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To: Thomas, AI[thomasa@charlottesville.

org]
From: Wilhelm, Michael D.
Sent: Mon 7/10/2017 1:40:45 PM
Subject: FW: Coyner Springs Saturday Rental
Event ID 201717739.pdf

Hey Al,

Looks like you all did a fine job with the KKK rally and protesters this weekend. Kudos to you all and the other agencies involved.

We actually had a group of about 10-15 KKK members show up here in Waynesboro on Saturday at Coyner Springs Park on
Lyndhurst Road. They rented the picnic pavilion at the park and basically used this as a "hang out area" prior to heading over to
Charlottesville. They did not cause us any real problems until one of our "locals" confronted them about being at the park. We
responded and handled the call for service by asking the guy to leave since he was clearly trying to instigate trouble. The EOC event
report is attached to this email for reference. All of the KKK folks were armed (open carry)
.

Anyway, I don't know if this is pertinent to any of the after action reports that you all or the VSP will likely be doing, but below is
also the information that I obtained from our Parks and Rec department for the pavilion reservation.

Have a great week,

Mike

7*i saeB D, 2t/&


Chief of Police
Waynesboro Police Department
250 South Wayne Avenue
State 102 Box 3
Waynesboro, Virginia 22980

CONFIDENTIALITY NOTICE:
The contents of this email message and any attachments are intended solely for the addressee(s)and may contain confidential and/or privileged information and may be legally
protected from disclosure. If you are not the intended recipient of this message or their agent, or if this message has been addressed to you in error, please immediately alert the
sender by reply email and then delete this message and any attachments. If you are not the intended recipient, you are hereby notified that any use, dissemination, copying, or storage
of this message or its attachments is strictly prohibited.

From: Jones, Dwayne


Sent: Monday, July 10, 2017 8:49 AM
To: Wilhelm, Michael D. <WilhelmMD@ci.waynesboro.va.us>; Oliver Jr, J.W. <OliverJW@ci.waynesboro.va.us>
Subject: Coyner Springs Saturday Rental

Here is the information from our rental system we use family reunions don't usually send up red flags for the ladies in the front
office.
`SuujeCt `James Seay

`11.~sC3itC+C'. Coyner Springs

<.SIar# tlil?~ Sat 718/7017 ? 2 -2C r:!

End 411me Sat 7,•0/2017 12'0111; 411

Receipt# CC153922953 $75.00


6-16-17
;F .tames Seay

Henrico, VA 23231
Family Reunion
60
JBR

i Permits mailed 6-16-17 JBR

Thanks,
C. Dwayne Jones
Director of Parks & Recreation
540-942-6735

Wa~ynesb -
COMMUNICATION
Event Report
Call Ref #:508 DatefTime Received, 07/0/17 13-:02:07
Event 1D: 2017-17739
Rpt #: Prime PD93 Services Involved
Unit: SMITH, # REDRICK WILLIAM JR LAW t
Call Source: PHONE:

Location: 2091 LYN€3HURST RD


YALE DR Jur, WCAD Service: LAW Agency: WPD
X-ST:
St/Beat: S District: LAW RA:
KITE PL
Ohone: GP:GPS
Business: COYNER SPRINGS

Nature: HARASSMENT Alarm Lvl: 1 Priority: 3 Medical Priority:

Reclassified Mature:
Alarm:
Caller:
Addr: Phone: Alarm Type:

Vehicle #: St: Report Only: No Race: Sex: Age:

Call Taker: DMCCORMICK Console: FIREEMS

Geo-Verified Addr.: Yes Nature Summary Code: Disposition: HBO Close Comments:

Notes: hbo [07/08117 14:20:42 Unit:PD931 K)


SAID THAT HE CONFRONTED THE KKK ABOUT BEING AT THE PARK AND THEY HARRASSED HIM 107/08117 13:05.33 DMCCORMIC
"+phone call" [07/08117 13:04:25 DMCCORMICK]

- T6mes....

Call Received: 07108/17 13:02:07 Time from Call Received


Call Routed: 07/08117 13:05:42 020:03:35 Unit Reaction: 000:18:42 (1st Dispatch to 9st Arrive)
Call Take Finished: 07108/17 13:05:42 ,03:35 En-Route: 000:18:42 (1st Dispatch to 1st En-Route)
1st Dispatch: 07108117 13:08:07 000:06:00 (Tine Held) On-Scene: 000:54:30 (Ist Arrive to Last Clear)
1st En-Route: 07/08/17 13:26:49 000:24:42
1stArrive: 07/08/1713:26:49 000:24:42 (Reaction Time)
Last Clear: 07/08/17 14:21:19 001:19:12

Report Generated: 07/40/2017 40:26:53 i User tel: PC91


ttWCADIOSSICADICADVptlEveMHistory_Event Page 1 of 2
Event ID,2017-17739 Call Ref M 508 HARASSMENT at 2091 LYNDHURST RD

Radio Log
Close
Time Stamp Comments Code User
unit Empf ID Type Description
07/08/17 1308:07 Stat/Beat: SGT RSPROUSE
PD93 PD093 D Dispatched
07/08/17 13,26,49 iArflve Buttonl RSPROUSE
PD93 PD093 A Arrived
07108117 1421:19 HBO HBO RSPROUSE
PD93 PDO93 C Cleared
Event Log
Close
Time Stamp Comments Code User
Unit EMPI ID Type Description
07/08/17 13:02:07 Bv,- PHONE DMCCORMICK
TR Time Received
07/08/17 13,02:12 2091 LYNDHURST RD DMCCORMICK
ENT Entered Street
07/08/17 13.03'.07 HARASSMENT DMCCORMICK
ENT Entered Nature
DMCCORMICK
ENT Entered CallerName Ca 07/0811713:03:3&
07108/17 13:03:47 DMCCORMICK
ENT Entered CallerPhone
07/08/17 13:04:25 DMCCORMICK
ARM Added Remarks
07/08/17 13:05:33 DMCCORMICK
ARM Added Remarks
07/08/17 13:05-.42 OMCCORMICK
FIN Finished Call Takinq
07/08/17 14:20:42 Unit:PD93
ARM Added Remarks
Related Names
Type Race Sex HT WT Eyes DOB Age Home / Mobile Ph Work Ph
Last, First, MI Suffix
CALL 0
Address: 0-,
Oln: Oln St:
Notes:

Event Report Page 2 of 2


To: Jones, Maurice[MJONES@CHARLOTTESVILLE.ORG]; Murphy,
Mike[murphym@charlottesville.org]; Beauregard, Leslie[Beauregard@charlottesville.org]; Thomas,
AI[thomasa@charlottesville.org]; Dickler, Miriam[dickler@charlottesville.org]
From: Daly, Brian
Sent: Wed 5/24/2017 11:04:49 AM
Subject: FW: Public Demonstration Request July 8 2017 at The Courthouse
20170524110120495.pdf

All-

Please see attached. This was submitted to our office in person this morning. Michelle Christian has
distributed to the Special Events review group. However, I wanted to be sure you saw it asap.

Thanks.

-Brian

Original Message
From: Christian, Michelle
Sent: Wednesday, May 24, 2017 11:02 AM
To: Davis, Jay; Dean, Jonathan; Duncan, Brennen; Durrette, Tito; Fabio, Craig; Haney, Robert; Harlow,
Mike Anthony; Hoy, Jeremy; Johnson-Ryder, Doris; Lee, Juwhan; Manzano, Joshua; Nolan, Ron;
Williams, Jonathan
Cc: Daly, Brian
Subject: Public Demonstration Request July 8 2017 at The Courthouse
Importance: High

Everyone
All of the pages of the request didn't scan. Please review the attached document which includes all
pages. Email your comments and/or concerns.

Michelle
SPECIAL EVENT APPLICATION REQUEST
15"X
FQR £~IFFICIAL USE ONLY
$25.00 Non-Refundable Application Fee Required. Orgonizato $Mtus<
Please attach any additional into to this form.
Non-Profit _ - Commerdal ,_•.,• Independant
Return to: Maps Attached ....—ABC Permit Required
Charlottesville Parks & Recreation _. Tent Permit Requlred _License Verified
PO. Box 891
Charlottesville, VA 22902

INDEMNITY RELEASE
In making this request, the applicant understands that the sponsor will hold harmless and indemnify the City,
its officers, employees, and agents against injury, loss or damage occurring as a result of this special event.
Sponsors of special events held on public property will be required to provide Special Event Liability Insurance
in an amount not less than $1 million dollars, naming the City of Charlottesville, its officers, officials, employees
and agents as an additional insured party to the contract. For additional information regarding this requirement
please contact the Charlottesville Parrs & Recreation Department at 970-3284.

`v AA _.
a A ~ a~

I,~
3
Sponsor(s) Name:
Sponsor ~t.~.~:iE .. L ytv
r-kni
Address:

W v~'Y`v'~
I
Nil

Sponsor Telephone:~

Event Contact Mime:

Contact Address:

s Ae
Contact Telephone: Office Date Application Received By P&R

None

Cell

APPLOAN`l"".SIGNAT BATE

DATE APPLICATION SUBMITTED:

EVENT PURPOSE I BRIEF DESCRIPTION...


....
fit"" IE o
a
,r

IDENTII Y EVENT CATEGORY;--CARNIVAL (DEMONSTRATION _FAIR FESTIVAL


FUNDRAISER HISTORICAL CELEBRATION --MARATHON
RACE/WALK PARADE OTHER (Describe Other)

VENTMENUEA LOCATJON REQUESTED,;

LIST RACE/WALK.STR T ROUTES.. IF APPLICABLE(A clear & legible map showing walk/run routes also requested
--Please attach map to application):

STREET CLOSING REQUESTED, IF SO INCLUDE LOCATIONS AND CLOSING /OPENING TIME(S): __ YES . . NO
LOCATION(S):

CLOSING DATE(S) ...... CLOSING/OPINING TIME(S): FROM _ _...._.___ am/pm UNTIL: .- am/pm

EVENT:START DAT E/TIMI /. EVENT END DATElTlWi'


(WEEKDAY) (DATEY (TIME-") -(WEEKDAY (DANE) (TIME)

PENT SETUP:DATE/TIME (IN0LI..IDE:1tVE K0AY)


(WEEKDAY) (DATE) (TIME)

EVENT BREAKDOWN;DATE/TIME(I(VCLUDE WEEKDAY)<


(WEEKDAY) (DATE) (TIME)

EVENT RAIN DATE REQUESTED}` YES — NO DATE REQUESTED:


(WEEKDAY) (DATE)

ESTIMATED PARTICIPANTS: I t..~f~..J


ESTIMATED4 WILL AMPL1.FIEDAUSIC.BE USED.. YES NO

IDIwNTIFY.TYP MUSICAL ENTERTAINMENT REQUESTED- _ BAND m _ DISC-JOCKEY ,~, _ OTHER

CITY UTILITIESNEEDED?. YES NO__._ _ :IDENTIFY TYPE UTILITIES NEEDED,IF APPLICABLE

CITY.EQUIPMENT.REQUESTED, IS SO PLEASE 10ENTIEY TYPE EQUIPMENM _.-YES ~ NO


IF YES,IDENTIFY TYPE EQUIPMENT REQUESTED:

OTHER CITY SERVICES REQUESTED YES ..- NO


(Please identify the area ofservices needed including staff assistance if applicable):

2
IDENTIFY EVEN :EQUIPMENT.-N WAl ..'OF.:E iJIPM T.T.- !E.:PSAC.ED:I'W.ON,AE UESTE~DV NU SPAC15'

#f OF BOOTHS SIZE OF EACH BOOTH

# OF CANOPIES(Pop-Up) SIZE OF EACH CANOPY

#1 OF'TABLES SIZE OF EACH TABLE

#i; OF TENTS SIZE OF EACH TENT ._..__.____...._..(900 sq. ft. & above will require
Permit from City NUS Dept.)
4 OF SIANDS SIZE OF EACH STAND

OTHER EQUIPMENT (See Below)

(PLEASE DESCRIBE OTHER EQUIPMENT REOUESTED FOR PLACEMENT)-—


rata if "other" equipment includes the Use.of- a moon bounce and or inflatable carnival,type rides acrd activities provided
b° y a 3rd party vendor, proof of insurance by the vendor providing such equipment will be required, The 3rd party vendor shall
Iprovide a. currentcertificate of insurance indicating at least $t trillion in general.liability and completed operations coveragaarld
ertificate-of workers' compensation coverage, if applicable. Said insurance shall narne the City of Charlottesville (including its .:
officers, officials, employees and agents)as an additional insured party to the insurance contract. A'copy.of said:ocurnents
mugt::be provided to the Parks & Recreation Administration Office by the requested due date specified

ALOHOLlC sWtkA6!E tNt1OWl**bi "I~l% :ACTIVETY:.' _ YES NO (if Yes please describe circumstances
of
involved with the use alcoholic beverage and if the; activity involves the sale of alcohol at this event)

Describe:

`HEALTH DEPARTh1( NT IN OA ATION REQU STi D

WILL 00D BE Dam ' BUT D Af`.HIS EVENT --YES 4NO (if Yes a Temporary Food Permit will be required
by the State klealth Department(Thomas Jefferson Health District(TJHD)located on Rose Hill Drive(434)972-+5259.
Please provide the below information requested by the TJHD).

NUMBER.Of VENDORS CONTACT.)' NAME(if different from Sponsor/Applicant).

WNTACT TELEPHO E (if different from SponsorfApplican€):

IS sl7E Q.'UIPPEp WITH VWWT l A~ ICI: S/FI)C.TQRES:- •.. _YES NO

AXIS OF.WASTEt~ATER I~I~~OsAl>

4
...........
'1015." MUAAWOIIJOW YOU PROPOSE TO SETVPIHE EVENT VENUE SPACE

o ^~~~~Z ~~/'
zII.: i
Iv^ "r 4
To: Thomas, AI[thomasa@charlottesville.org]
From: Walt Heinecke
Sent: Fri 8/11/2017 11:19:54 PM
Subject: Tomorrow

Police protection on Saturday

Dear Chief Thomas

You asked me to let you know if there was a credible threat.

Tonight as students protesters from the University of Virginia were assaulted by the Right Jack boots my
students and I were maced by neo-Nazis at the foot of the Statue of Thomas Jefferson. They came
about 10 pm 200 with torchlights to intimidate in the fashion of the KKK. They chanted ugly slogans. The
30 students surrounded the base of the statue and yelled "black lives matter' in a peaceful non-violent
fashion. I was in the vicinity at St.Paul's Church and went to
Make sure my students were ok when I heard they were over there. There were no police in sight to
protect the students from the mob of hateful white supremacists. Kessler stood on the sidelines grinning.
I called 911 and no response though I had seen police in the area. Then As I was in the mob trying to
assure the safety of the students the white supremacists attacked the students throwing their torches and
macing the students. A part of a torch hit dean Groves. Still no police intervention. Dean of Students
Allen Groves and I entered the neo-Nazi mob in an attempt to see if any students wanted to leave for
safety. Then the brawl started by the fascists began with a throwing of torch and macing of the students
which is assault. Still no police intervention.

After dean Grives and I ushered the students out of the hateful
Mob to the other side of the statue to rally and get medical attention and the alt right fascists had left the
scene, the police moved in declared unlawful assembly and the students left. The students were
engaging in non violence surrounding the statue and were viciously attacked by the neo Nazis and white
supremacists.

If this is a sign of things to come, the White supremacists will be violent tomorrow. I want police
protection at Mcguffey and Justice parks.

Walt Heinecke

Sent from my iPhone


To: Thomas, AI[thomasa@charlottesville.org]; Mitchell, Victor[mitchell@charlottesville.org]; Lewis,
Wendy[lewis@charlottesville.org]; Shifflett, David[shiffied@charlottesviIle.org]
Cc: Jones, DwayneDonesdw@charlottesville.org]
From: Mooney, James
Sent: Fri 8/11/2017 8:16:10 PM
Subject: RE: I just received this information

Received -- Capt. Mitchell made us aware as well. With an unknown start time we will back up UVA if needed (and requested).
Thank you.

From: Thomas, Al
Sent: Friday, August 11, 2017 8:13 PM
To: Mitchell, Victor; Lewis, Wendy; Shifflett, David; Mooney, James
Subject: Fwd: I just received this information

Sent from CP1 iPhone


Begin forwarded message:

From:"Gibson, Michael A.(mag3u)" <mag3u@virginia.edu>


Date: August 11, 2017 at 7:52:34 PM EDT
To:"Thomas, Al" <thomasa@charlottesville.org>,'Ron Lantz' <lantzr@albemarle.org>
Subject: I just received this information

https://itsgoingdown.org/charlottesville-va-u nite-right-plans-fridaV-surprise-torchlit-rally-uva/

Michael Gibson
Chief of Police
University of Virginia Police Department
2304 Ivy Road
Charlottesville, VA 22903
(434)924-8838 Phone
(434)982-2817 Fax
magibsonCdlvirginia.edu
http://uvapolice.virginia.edu/

An Internationally Accredited Law Enforcement Agency

CONFIDENTIAL: This electronic message and any attachments are confidential and may contain student information
or other education records protected from disclosure by state and/or federal law. The information is intended
only for use by persons to whom it is addressed. Any other interception, copying, access, or disclosure of
information is prohibited. If you have received this message in error please immediately notify the sender.
To: Ron Lantz[lantzr@aibemarle.org]
Cc: Thomas, AI[thomasa@charlottesville.org]
From: Gibson, Michael A.(mag3u)
Sent: Fri 8/11/2017 8:11:45 PM
Subject: RE: I just received this information

One of my folks has been in contact with Kessler. I think we are good for right now. My folks are watching this closely.

Michael Gibson
Chief of Police
University of Virginia Police Department
2304 Ivy Road
Charlottesville, VA 22903
(434)924-8838 Phone
(434)982-2817 Fax
magibsonO-virginia.edu
ht\ ://uva olice.virc~inia.edu!

An Internationally Accredited Law Enforcement Agency

CONFIDENTIAL: This electronic message and any attachments are confidential and may contain student information or
other education records protected from disclosure by state and/or federal law. The information is intended only for use by
persons to whom it is addressed. Any other interception, copying, access, or disclosure ofinformation is prohibited. If you
have received this message in error please immediately notify the sender.

From: Ron Lantz [mailto:lantzr@albemarle.org]


Sent: Friday, August 11, 2017 8:08 PM
To: Gibson, Michael A.(mag3u)<mag3u@virginia.edu>
Cc: Thomas, Al <thomasa@charlottesville.org>
Subject: Re: I just received this information

This was suppose to start at out park tonight I have lot resources at Darren Towe and we closing it at 840

Sent from my iPhone


On Aug 11, 2017, at 7:52 PM,Gibson, Michael A.(mag3u)<mag3u@virginia.edu> wrote:

https://itsgoingdown.org/charlottesviIIe-va-unite-right-plans-friday-surprise-torchIit-raI IV-uva/

Michael Gibson
Chief of Police
University of Virginia Police Department
2304 Ivy Road
Charlottesville, VA 22903
(434)924-8838 Phone
(434)982-2817 Fax
magibson@virciinia.edu
http://uvapolice.virginia.edu/
<image00l.png> An Internationally Accredited Law Enforcement Agency

CONFIDENTIAL: This electronic message and any attachments are confidential and may contain student information
or other education records protected from disclosure by state and/or federal law. The information is intended
only for use by persons to whom it is addressed. Any other interception, copying, access, or disclosure of
information is prohibited. If you have received this message in error please immediately notify the sender.
To: Gibson, Michael A.(mag3u)[mag3u@virginia.edu]
Cc: Thomas, AI[thomasa@charlottesville.org]
From: Ron Lantz
Sent: Fri 8/11/2017 8:07:48 PM
Subject: Re: I just received this information

This was suppose to start at out park tonight I have lot resources at Darren Towe and we closing it at 840

Sent from my Whone

On Aug 11, 2017, at 7:52 PM,Gibson, Michael A.(mag3u) <mag3u@virginia.edu> wrote:

https://itsgoingdown.org/charlottesviIIe-va-unite-right-plans-friday-surprise-torchIit-raI ly-uva/

Michael Gibson
Chief of Police
University of Virginia Police Department
2304 Ivy Road
Charlottesville, VA 22903
(434)924-8838 Phone
(434)982-2817 Fax
magibsonavirginia.edu
littp://'uvapolice.virginia.edu/
<1mage001.png> An Internationally Accredited Law Enforcement Agency

CONFIDENTIAL: This electronic message and any attachments are confidential and may contain student information
or other education records protected from disclosure by state and/or federal law. The information is intended
only for use by persons to whom it is addressed. Any other interception, copying, access, or disclosure of
information is prohibited. If you have received this message in error please immediately notify the sender.
To: Thomas, AI[thomasa@charlottesville.org];'Ron Lantz'[lantzr@albemarle.org]
From: Gibson, Michael A.(mag3u)
Sent: Fri 8/11/2017 7:52:34 PM
Subject: I just received this information

https://itsgoingdown.org/charlottesviIIe-va-unite-right-plans-friday-surprise-torchIit-rally-uva/

Michael Gibson
Chief of Police
University of Virginia Police Department
2304 Ivy Road
Charlottesville, VA 22903
(434)924-8838 Phone
(434)982-2817 Fax
magibson@virginia.edu
http:/I"uvapolice.virginia.edu/

An Internationally Accredited Law Enforcement Agency

CONFIDENTIAL: This electronic message and any attachments are confidential and may contain student information or
other education records protected from disclosure by state and/or federal law. The information is intended only for use by
persons to whom it is addressed. Any other interception, copying, access, or disclosure ofinformation is prohibited. If you
have received this message in error please immediately notify the sender.
To: Gibson, Michael A.(mag3u)[mag3u@virginia.edu]
Cc: Thomas, AI[thomasa@charlottesville.org]
From: Ron Lantz
Sent: Fri 8/11/2017 4:09:44 PM
Subject: Re: Possible March tonight on-Grounds

Thanks chief we have responded to couple calls already in county today with large groups

Sent from my iPhone

On Aug 11, 2017, at 3:32 PM,Gibson, Michael A.(mag3u) <mag3u@virginia.edu> wrote:

For your situational awareness.

Michael Gibson
Chief of Police
University of Virginia Police Department
2304 Ivy Road
Charlottesville, VA 22903
(434)924-8838 Phone
(434)982-2817 Fax
magibsonO..virginia.edu
http://uvapolice.virginia.edu/
<image001.png> An Internationally Accredited Law Enforcement Agency

CONFIDENTIAL: This electronic message and any attachments are confidential and may contain student information
or other education records protected from disclosure by state and/or federal law. The information is intended
only for use by persons to whom it is addressed. Any other interception, copying, access, or disclosure of
information is prohibited. If you have received this message in error please immediately notify the sender.

From: Webb, Anda Lang (al6b)


Sent: Friday, August 11, 2017 3:23 PM
To: Gibson, Michael A.(mag3u)<mag3u@virginia.edu>; Sidebottom, Marjorie L.(mis9m)<m1s9m@virginia.edu>; de Bruyn,
Anthony Paul (apd5b) <apd5b@eservices.virginia.edu>
Cc: Nelson, Louis P.(In6n) <in6n@virginia.edu>
Subject: Possible March tonight on-Grounds

Dear all:

You likely already know this, but if not...Louis Nelson, copied on this message,just received an informal call alerting
him to the possibility of an alt-right march on-Grounds this evening, beginning at a Jefferson statue (not sure which
one)to St. Paul's Church, coinciding with the prayer service this evening. Just wanted to alert you to this possibility. If
you have questions, please contact Louis directly...his cell is . Best,

Anda

Anda L. Webb
Vice Provostfor Administration & Chiefof Staff
Universihj of Virginia.
P.O. Box 400308 * CharlottesviIle, VA 22904-4308
(434)924-0999 *(434)982-2920(fax)
To: Wait Heinecke[waltheinecke@hotmaii.com]
From: Thomas, Al
Sent: Sat 8/12/2017 12:52:49 AM
Subject: Re: Tomorrow

We are bringing in additional officers to monitor McGuffey and Justice.

Sent from CP1 iPhone

> On Aug 11, 2017, at 11:19 PM, Wait Heinecke <waltheinecke@hotmail.com> wrote:

> Police protection on Saturday

> Dear Chief Thomas

> You asked me to let you know if there was a credible threat.

> Tonight as students protesters from the University of Virginia were assaulted by the Right Jack boots
my students and I were maced by neo-Nazis at the foot of the Statue of Thomas Jefferson. They came
about 10 pm 200 with torchlights to intimidate in the fashion of the KKK. They chanted ugly slogans. The
30 students surrounded the base of the statue and yelled "black lives matter' in a peaceful non-violent
fashion. I was in the vicinity at St.Paul's Church and went to
> Make sure my students were ok when I heard they were over there. There were no police in sight to
protect the students from the mob of hateful white supremacists. Kessler stood on the sidelines grinning.
I called 911 and no response though I had seen police in the area. Then As I was in the mob trying to
assure the safety of the students the white supremacists attacked the students throwing their torches and
macing the students. A part of a torch hit dean Groves. Still no police intervention. Dean of Students
Allen Groves and I entered the neo-Nazi mob in an attempt to see if any students wanted to leave for
safety. Then the brawl started by the fascists began with a throwing of torch and macing of the students
which is assault. Still no police intervention.

> After dean Grives and I ushered the students out of the hateful
> Mob to the other side of the statue to rally and get medical attention and the alt right fascists had left
the scene, the police moved in declared unlawful assembly and the students left. The students were
engaging in non violence surrounding the statue and were viciously attacked by the neo Nazis and white
supremacists.

> If this is a sign of things to come, the White supremacists will be violent tomorrow. I want police
protection at Mcguffey and Justice parks.

> Wait Heinecke

> Sent from my iPhone


To: Mitchell, Victor[mitchell@charlottesville.org]; Lewis, Wendy[lewis@charlottesville.org]; Shifflett,
David[shiffled@charlottesviIle.org]; Mooney, James[mooney@charlottesville.org]
From: Thomas, Al
Sent: Fri 8/11/2017 8:12:34 PM
Subject: Fwd: I just received this information
image001.png

Sent from CP 1 iPhone

Begin forwarded message:

From: "Gibson, Michael A.(mag3u)" <gigg3u


.~ tt vir(.)inia.edu>
Date: August 11, 2017 at 7:52:34 PM EDT
To: "Thomas, Al" <thomasa@charlottesville.org>,'Ron Lantz' <lantzr@albemarle.org>
Subject: I just received this information

https://itsgoingdown.org/charlottesviIIe-va-unite-right-plans-friday-surprise-torchIit-raI ly-uva/

Michael Gibson
Chief of Police
University of Virginia Police Department
2304 Ivy Road
Charlottesville, VA 22903
(434)924-8838 Phone
(434)982-2817 Fax
magibson@virginia.edu
htt _J/uva olice.virginia.cdu/
N
An Internationally Accredited Law Enforcement Agency

CONFIDENTIAL: This electronic message and any attachments are confidential and may contain student information
or other education records protected from disclosure by state and/or federal law. The information is intended
only for use by persons to whom it is addressed. Any other interception, copying, access, or disclosure of
information is prohibited. If you have received this message in error please immediately notify the sender.
To: 'reevess@albemarle.org'[reevess@aIbemarle.orgI
Cc: 'lantzr@albemarle.org'[lantzr@albemarle.org]; 'carrk@albemarle.org'[carrk@albemarle.org];
'stoddardm@albemarle.org'[stoddardm@albemarle.org]; Mitchell; Victor[mitchell@charlottesville.org]; Lewis,
Wendy[lewis@charlottesville.org]
From: Thomas, Al
Sent: Thur 8/10/2017 10:02:14 AM
Subject: RE: Albemarle County Police Department Support

Lieutenant Reeves,

Thank you for clarifying the role of the 12 ACPD Officers who will assist with calls for service in the City on August 12`h from 1100-
1900hrs. You have made it very clear that ACPD Officers will not assist CPD with any activities related to the Alt Right Rally.
Furthermore, I realize your officers will not respond to Emancipation Park, Justice Park, and McGuffey Park to assist with calls for
service.

I will reach out to the City Manager today to formalize the MOU; I can add the aforementioned language in the memorandum if
needed.

Thanks again for your assistance and commitment to our professional partnership.

All the best,

Al S. Thomas
Chief of Police
Charlottesville Police Department
(434)970-3289

From: Mitchell, Victor


Sent: Wednesday, August 9, 2017 5:06 PM
To: Thomas, Al
Subject: Fwd: Albemarle County Police Department Support

From:Sean Reeves < >


Date: August 9, 2017 at 4:10:01 PM EDT
To:"mitchell@charlottesville.org" <mitchell@charlottesville.org>
Cc: Ron Lantz < >, KC Carr < >,"Miller Stoddard" < >
Subject: Albemarle County Police Department Support

Captain Mitchell,
As we are approaching the planned rallies, protests and counter-protests scheduled for August 11-13, 2017,I
wanted to take a moment in advance to make sure that the Charlottesville Police Department(CPD)is
provided documentation reflecting the support that the Albemarle County Police Department(ACPD)is
offering to CPD during the aforementioned dates. I specifically would like to clarify the role ofthe 12
uniformed ACPD police officers who will be responding to Priority calls for service(CFS)in
the City of Charlottesville. Per the August 4, 2017 agreement between Chief Ron Lantz, ACPD,and Chief Al
Thomas, CPD,these 12 ACPD officers are responsible for answering CFS not related to the protest/rally from
1100 hours to 1900 hours. This includes not responding to CFS at McIntire, Justice, Emancipation, and
McGuffey Parks, as well as the area ofthe Downtown Mall and Pavilion. Our officers have been instructed
that they may need to be held over to continue to assist with CFS in the City, ifrequested.
ACPD will have the ACPD SWAT Team and ACPD Mobile Field Force staged at the County Office Building
on McIntire Road(COB McIntire)in the event they are needed to assist CPD,or respond to incidents in the
County. COB McIntire will be secured on the morning ofthe August 11, 2017(potentially sooner) and the
parking lots

. The Emergency
Communications Center (ECC) and the University of Virginia Police Department's(UPD) Captain McGee
have been briefed on the role of ACPD during this event. ACPD Lieutenant Miller Stoddard will be sending
you a copy ofthe ACPD Operational Order in the near future. Thank you and please feel free to contact me if
you have any questions.

a
To: Jones, Maurice[MJONES@CHARLOTTESVILLE.ORG]; Dickler,
Miriam[dickler@charlottesville.org]
From: Thomas, Al
Sent: Sun 7/9/2017 9:12:19 AM
Subject: Totals

Confirmed 15 CPD arrests and 7 VSP arrests. Total of 22. We had one VSP arrest on the CPD log sheet
with created the one duplicate.

Sent from CPI Phone


To: Dickler, Miriam[dickler@charlottesville.org]
From: Thomas, Al
Sent: Sat 7/8/2017 8:41:50 PM
Subject: RE: draft
Thomas Remarks.docx

Made a few changes-

AI S. Thomas
Chief of Police
Charlottesville Police Department
(434)970-3289

From: Dickler, Miriam


Sent: Saturday, July 08, 2017 6:06 PM
To: Thomas, Al
Subject: draft

July 8, 2017

o Estimated attendance #: 1,000+


o Estimated attendance of KKK members: approximately 50
o Arrests: 23
o 3 individuals were transferred to the hospital
o 2 for heat related issues
o 1 for an alcohol related issue

Due to the size of the assembled crowd, Charlottesville Police and Virginia State Police resources were deployed to secure access to
the park and ensure the safety of all involved. The KKK was escorted into Justice Park at approximately 3:45.
The KKK began leaving the park at approximately 4:25. They were successfully moved to the area in which their vehicles were
parked. A large number of people followed to that site and impeded the egress of the vehicles.
The crowd was asked to move back to allow the exit. They refused to do so, and at 4:40, an unlawful assembly was declared.
Officers began moving back the crowd to allow the group to leave the parking area and the City of Charlottesville.
As police began to move back toward Justice Park, a large crowd followed. There were a number of incidents, including the use of
pepper spray by the crowd.
At one point, police ordered the crowd to disperse. The crowd did not disperse and the VSP released three canisters of tear gas.
The crowd immediately dispersed.
Police returned to the park and the area cleared.

*****************************************
Miriam I. Dickler
Director of Communications
City of Charlottesville, Virginia

cell: 434.260.2433
work: 434.970.3129
dickler@charlottesville.org

Visit us online at www.charlottesville.org


First and foremost, our primary goal was community safety and protecting the
civil liberties of our citizens. At the end of the day, three people were transported
to the hospital; 2 for heat related issues and one for an alcohol related issue. I
was pleased with the professionalism and commitment of our law enforcement
partners as our safety plan was well executed. Officers traveled from near and far
to assist the CPD in maintaining law and order during this difficult endeavor.

Several outside groups made it clear they would be confrontational; however, we


were prepared for the unrest that occurred at the conclusion of the event which
resulted in a number of arrests. Order was quickly restored and our community
remains safe and vibrant.
To: Shifflett, David[shiffied@charlottesviIle.org]
From: Thomas, Al
Sent: Fri 7/7/2017 4:59:37 PM
Subject: Re: Ops Plan - KKK Rally 7-8-17—UPDATED 7-7-17.—Zone Trooper Assignments added

Looked it over and don't have any concerns posting as is.


Well done.
Al

Sent from CPI iPhone

On Jul 7, 2017, at 4:45 PM, Shifrlett, David <shiffledCd)charlottesville.orLY> wrote:

OPS plan with updated Zone Trooper assignments.


<Ops Plan - KKK Rally 7-8-17—UPDATED 7-7-17.docx>
To: Lewis, Wendy[lewis@charlottesville.org]; Chief[chief@charlottesville.org]
From: Flowers, Steven Kory
Sent: Thur 6/22/2017 10:28:20 PM
Subject: KKK rally/Confrontations with Antifa

Chief and Captain—


Wanted to pass along this intell to you guys in order to help you get prepared for 7/8. The below flyer is circulating on social media
sites advertising for Antifa advocates and other criminal-minded anarchists to travel to your city on July 8 to battle with the Loyal
White Knights of the KKK, who have a scheduled rally. The LWK rally which was originally planned for the court building has since
been moved to the public park (unsure of the exact name), in order for LWK members to be able to carry concealed weapons and
not be in violation of any laws or ordinances against being armed on government property. Traditionally and recently across the
country in clashes such as this one, I would anticipate 30-50 LWK members, and in excess of 500 Antifa or criminal-minded
anarchists, armed with surreptitious weapons and facial coverings. In the last 6 months in confrontations such as these, the result
has been numerous assaults, injuries, property damage,and arrests. Preplanning is key with confrontations such as this, in my
experience. Let me know any way I can be of assistance—kory flowers

TH( BATTLE OF CHARLOTTESr'll.ti


110 QUARTER FOR RACISTS.
BIGOTS. OR 1 OMOPHOBIS

S.K. Flowers, Sgt.


Greensboro Police(NC)
wireless

This message sentfrom my Whone.

Please note that email sent to and from this address is subject
to the North Carolina Public Records Law and may be disclosed to third parties.
To: Dickler, Miriam[dickler@charlottesville.org]
From: Thomas, Al
Sent: Sat 7/8/2017 8:41:50 PM
Subject: RE: draft
Thomas Remarks.docx

Made a few changes-

AI S. Thomas
Chief of Police
Charlottesville Police Department
(434)970-3289

From: Dickler, Miriam


Sent: Saturday, July 08, 2017 6:06 PM
To: Thomas, Al
Subject: draft

July 8, 2017

o Estimated attendance #: 1,000+


o Estimated attendance of KKK members: approximately 50
o Arrests: 23
o 3 individuals were transferred to the hospital
o 2 for heat related issues
o 1 for an alcohol related issue

Due to the size of the assembled crowd, Charlottesville Police and Virginia State Police resources were deployed to secure access to
the park and ensure the safety of all involved. The KKK was escorted into Justice Park at approximately 3:45.
The KKK began leaving the park at approximately 4:25. They were successfully moved to the area in which their vehicles were
parked. A large number of people followed to that site and impeded the egress of the vehicles.
The crowd was asked to move back to allow the exit. They refused to do so, and at 4:40, an unlawful assembly was declared.
Officers began moving back the crowd to allow the group to leave the parking area and the City of Charlottesville.
As police began to move back toward Justice Park, a large crowd followed. There were a number of incidents, including the use of
pepper spray by the crowd.
At one point, police ordered the crowd to disperse. The crowd did not disperse and the VSP released three canisters of tear gas.
The crowd immediately dispersed.
Police returned to the park and the area cleared.

*****************************************
Miriam I. Dickler
Director of Communications
City of Charlottesville, Virginia

cell: 434.260.2433
work: 434.970.3129
dickler@charlottesville.org

Visit us online at www.charlottesville.org


First and foremost, our primary goal was community safety and protecting the
civil liberties of our citizens. At the end of the day, three people were transported
to the hospital; 2 for heat related issues and one for an alcohol related issue. I
was pleased with the professionalism and commitment of our law enforcement
partners as our safety plan was well executed. Officers traveled from near and far
to assist the CPD in maintaining law and order during this difficult endeavor.

Several outside groups made it clear they would be confrontational; however, we


were prepared for the unrest that occurred at the conclusion of the event which
resulted in a number of arrests. Order was quickly restored and our community
remains safe and vibrant.
To: Thomas, AI[thomasa@charlottesville.org]
Cc: Ron Lantz[lantzr@albemarle.org]; KC Carr[carrk@albemarle.org]; Miller Stoddard[stoddardm@albemarle.org]; Mitchell,
Victor[mitchell@charlottesville.org]; Lewis, Wendy[lewis@charlottesville.org]
From: Sean Reeves
Sent: Thur 8/10/2017 11:01:06 AM
Subject: RE: Albemarle County Police Department Support

Chief Thomas,

In response to your e-mail, please include the following language from my initial correspondence in the MOU:

• ACPD will provide 12 uniformed patrol officers who will be responsible for responding to Priority
calls for service(CFS)in the City of Charlottesville.

• The 12 uniformed ACPD officers are responsible for answering CFS not related to the protest/rally from 1100
hours to 1900 hours.

• These 12 uniformed ACPD officers may be required to respond to CFS past 1900 hours, at the request of CPD.

• The 12 uniformed ACPD officers will not respond to CFS at McIntire, Justice, Emancipation, and McGuffey
Parks, as well as the area of the Downtown Mall and Pavilion.

• ACPD will have the ACPD SWAT Team and ACPD Mobile Field Force staged
in the event they are needed to assist CPD with the planned rallies, protests and
counter-protests. These assets will deploy at the request of CPD.

• COB McIntire will be secured by ACPD personnel during the event, and
.

Thank you and we appreciate our continued professional partnership through these challenging times.

Captain Sean Reeves


Albemarle County Police Department

From:Thomas, Al [mailto:thomasa@charlottesville.org]
Sent: Thursday, August 10, 2017 10:02 AM
To: Sean Reeves <reevess@albemarle.org>
Cc: Ron Lantz <lantzr@albemarle.org>; KC Carr <carrk@albemarle.org>; Miller Stoddard <stoddardm@albemarle.org>; Mitchell,
Victor <mitchell@charlottesville.org>; Lewis, Wendy <lewis@charlottesville.org>
Subject: RE: Albemarle County Police Department Support

Lieutenant Reeves,

Thank you for clarifying the role of the 12 ACPD Officers who will assist with calls for service in the City on August 12th from 1100-
1900hrs. You have made it very clear that ACPD Officers will not assist CPD with any activities related to the Alt Right Rally.
Furthermore, I realize your officers will not respond to Emancipation Park, Justice Park, and McGuffey Park to assist with calls for
service.

I will reach out to the City Manager today to formalize the MOU; I can add the aforementioned language in the memorandum if
needed.

Thanks again for your assistance and commitment to our professional partnership.

All the best,

Al S. Thomas
Chief of Police
Charlottesville Police Department
(434)970-3289

From: Mitchell, Victor


Sent: Wednesday, August 9, 2017 5:06 PM
To: Thomas, Al
Subject: Fwd: Albemarle County Police Department Support

From: Sean Reeves < >


Date: August 9, 2017 at 4:10:01 PM EDT
To: "rriitchell(@charlottesvilie.org" <mitchellr?a charlottesville.orp,>
Cc: Ron Lantz < >, KC Carr < >, "Miller Stoddard" <>
Subject: Albemarle County Police Department Support

Captain N itchcll,
As we are approaching the planned rallies, protests and counter-protests scheduled for August 11-13, 2017,I
wanted to take a moment in advance to make sure that the Charlottesville Police Department(CPD)is
provided documentation reflecting the support that the Albemarle County Police Department(ACPD)is
offering to CPD during the aforementioned dates. I specifically would like to clarify the role ofthe 12
uniformed ACPD police officers who will be responding to Priority calls for service(CFS)in
the City of Charlottesville. Per the August 4, 2017 agreement between Chief Ron Lantz, ACPD,and Chief Al
Thomas, CPD,these 12 ACPD officers are responsible for answering CFS not related to the protest/rally from
1100 hours to 1900 hours. This includes not responding to CFS at McIntire, Justice, Emancipation, and
McGuffey Parks, as well as the area ofthe Downtown Mall and Pavilion. Our officers have been instructed
that they may need to be held over to continue to assist with CFS in the City, ifrequested.
ACPD will have the ACPD SWAT Team and ACPD Mobile Field Force staged at the County Office Building
on McIntire Road(COB McIntire)in the event they are needed to assist CPD,or respond to incidents in the
County. COB McIntire will be secured on the morning ofthe August 11, 2017(potentially sooner) and the
parking lots

. The Emergency
Communications Center(ECC)and the University of Virginia Police Department's(UPD)Captain McGee
have been briefed on the role of ACPD during this event. ACPD Lieutenant Miller Stoddard will be sending
you a copy ofthe ACPD Operational Order in the near future. Thank you and please feel free to contact me if
you have any questions.
To: Kirby, Braden[KiRBYB@charlottesviIle.org]
Cc: Friedman, David[D Fried man@ad ; Segal, Oren[OSegal@a ]
From: Hill, Carla
Sent: Mon 5/22/2017 3:58:53 PM
Subject: Charlottesville white supremacist event
White supremacist protest in Charlottesville VA (May13 2017)for LEO.pdf

Hello Detective Kirby,

As we discussed this afternoon, I am sharing the attached document which contains information, particularly video links and
images, regarding the May 13 white supremacist rally in Charlottesville.

Please let me know if I can be of further assistance.

Very best regards,

Carla Hill
Investigative Researcher
Center on Extremism
Anti-Defamation League

This e-mail message may contain privileged, confidential and/or proprietary information intended only for the person(s)named. Ifyou are not the intended recipient, please destroy this
message, and any attachments, and notify the sender by return e-mail. If you are not the intended recipient(s), or the employee or agent responsible for delivering the message to the intended
recipient(s), you are hereby notified that any dissemination, disclosure or copying ofthis communication is strictly prohibited.
Anti-Defamation League Analytical Document — Do Not Circulate Without Permission
For Law Enforcement Use Only
Anti-Defamation League Analytical Document — Do Not Circulate Without Permission
For Law Enforcement Use Only
Anti-Defamation League Analytical Document — Do Not Circulate Without Permission
For Law Enforcement Use Only
Anti-Defamation League Analytical Document — Do Not Circulate Without Permission
For Law Enforcement Use Only
Anti-Defamation League Analytical Document — Do Not Circulate Without Permission
For Law Enforcement Use Only
To: POLICE, X3280[policedl@charlottesville.org]
From: Sandridge, Cheryl
Sent: Tue 8/8/2017 1:15:42 PM
Subject: information to review
536 02 - CONSTITUTIONAL PROCEDURES (1).doc
537 00 - Use of Force- General (3).doc
538 15 - CIVIL DISTURBANCE-UNREST.doc
Departmental Guide on First Amendment Issues.PDF

Good afternoon,

Please take a few minutes to read this information before the weekend. It is assembled here for easy access, and it is important to
review.

The reputation we have for professionalism is a direct result of your actions every day. Thank you!

Be safe,

Lieutenant C. S. Sandridge
Professional Standards Unit
Office of Internal Affairs
Charlottesville Police Department
sandridge@charlottesville.org
434-970-3600
CHARLOTTESVILLE POLICE DEPARTMENT
Note: This directive is for internal use only and does not enlarge an officer's liability in any way. It
should not be construed as the creation of a higher standard ofsafety or care in an evidentiary sense with 1400411
1\
:.:...
respect to third party claims. Violations of this directive, if proven, can only form the basis of a poucr.
complaint by the Charlottesville Police Department and then only in a nonjudicial administrative setting.

Type of Directive: GENERAL ORDER Number: 75-99


CONSTITUTIONAL PROCEDURES Date: March 10, 2017
VLEPSC Number: ADM.02.02 Manual Number: 536.02
Replaces: 10/05/99, 01/01/05, 4/15/10, 2/23/10, 06/22/12,
Effective Date: 03/10/17
09/24/13, 02/13/15, 06/10/15, 04/28/16

Authorization: Chief A.S. Thomas 4 Follow-up Date: As Needed

I. POLICY

It is the policy ofthe Charlottesville Police Department to respect the rights of citizens of
the United States of America as well as visitors and citizens of other countries. In doing
so, members shall not violate these rights, and shall follow professional policing
standards as promulgated within this policy.

H. PURPOSE

The purpose ofthis policy is to ensure that members ofthis agency conduct themselves in
accordance with the United States Constitution at all times while they exercise their
lawful duties and responsibilities as established by policy, law, and generally accepted
policing practices. The United States Constitution provides citizens with certain rights
and protections against unreasonable governmental interference or intrusion. Among
those rights secured by the constitution, include those specific to the criminal justice
system as enumerated in the 1 st, 2nd, 4th, 5th, and 6th amendments ofthe United States
Constitution as incorporated against the states through the 14th amendment due process
clause.

III. DEFINITIONS

A. For the purpose ofthis directive, the following definitions shall apply:

1. Search- the examination of a person, an item of property, or a place, in


order to find evidence of a crime or other contraband (e.g. search incidental to an
arrest, search with consent, etc.). Such an examination can involve either an
intrusion into an area where a person enjoys a reasonable expectation of privacy
or a physical trespass onto personal or real property. 1

'See,Katz v. United States, 389 U.S. 347(1967),and United States v. Jones, No. 10-1259 (2012).

GO 536.02 — Constitutional Procedures 1


Rev: 03/10/17
a. Strip Search— an intrusion whereby an arrested person is instructed
to remove or re-arrange some or all of his/her clothing so as to permit a
visual inspection ofthe genitals, buttocks, anus, female breasts or under-
garments of such persons for the purpose of detecting or recovering any
evidence, contraband or weapon.

b. Body Cavity Search— the examination of any body cavity other


than the mouth for the discovery ofany evidence, contraband or weapon.

2. Seizure(of a person)- The United States Supreme Court has defined such
a seizure as the physical acquisition of a person through a means intentionally
applied2,a submission to a show of authority by an agent ofthe government or
someone acting at behest ofthe governmen? ,or facts or circumstances that
would cause a reasonable person to believe that they are no longer free to leave4.
However,for purposes of 536.02 a seizure ofthe person may occur whether the
officer intentionally or unintentionally creates such a circumstance.

a. Seizure(of an article or item)- in the same way a person can be


detained, personal property can be taken from a person or otherwise
removed from an area where that person enjoys a reasonable expectation
of privacy.

IV. APPLICABLE CONSTITUTIONAL PROVISIONS

A. First Amendment ofthe Constitution ofthe United States of America

Congress shall make no law respecting an establishment of religion, or prohibiting


the free exercise thereof, or abridging the freedom of speech, or the press; or the
right ofthe people peaceably to assemble, and to petition the Government for
redress of grievance.

B. Second Amendment ofthe Constitution ofthe United States of America

A well-regulated Militia, being necessary to the security of a free State, the right
ofthe people to keep and bear Arms, shall not be infringed.

C. Fourth Amendment to the Constitution ofthe United States of America

The right of the people to be secure in their persons, houses, papers and effects,
against unreasonable searches and seizures, shall not be violated, and no Warrants
shall be issued, but upon probable cause, supported by Oath or affirmation, and
particularly describing the place to be searched, and the persons or things to be
seized.

2 See, Brower v. Countv of Invo, 489 U.S. 593 (1989).


3
See, California v. Hodari D.. 499 U.S,544(1991).
4 See, United States v. Mendenhall,446 U.S. 544(1980).

GO 536.02 — Constitutional Procedures 2


Rev:03/10/17
D. Fifth Amendment to the Constitution ofthe United States of America

No person shall be held to answer for a capital, or otherwise infamous crime,


unless on a presentment or indictment of a Grand Jury, except in cases arising in
the land or naval forces, on in the Militia, when in actual service in time of War or
public danger; nor shall any person be subject for the same offence to be twice in
jeopardy of life or limb; nor shall be compelled in any criminal case to be a
witness against himself, nor be deprived of life, liberty or property, without due
process of law; nor shall private property be taken for public use, withoutjust
compensation.

E. Sixth Amendment to the Constitution ofthe United States of America

In all criminal prosecutions, the accused shall enjoy the right to a speedy and
public trial, by an impartial jury of the State and district wherein the crime shall
have been committed, which district shall have been previously ascertained by
law, and to be informed ofthe nature and cause ofthe accusation; to be
confronted with the witnesses against him; to have compulsory process for
obtaining witnesses in his favor, and to have the Assistance of Counsel for his
defense.

F. Fourteenth Amendment to the Constitution ofthe United States of America

Section 1.

All persons born or naturalized in the United States, and subject to the jurisdiction
thereof, are citizens ofthe United States and ofthe State wherein they reside. No
State shall make or enforce any law which shall abridge the privileges or
immunities of citizens ofthe United States; nor shall any State deprive any person
of life, liberty, or property, without due process of law; nor deny to any person
within its jurisdiction the equal protection ofthe laws.

Section 2.

Representatives shall be apportioned among the several States according to their


respective numbers, counting the whole number of persons in each State,
excluding Indians not taxed. But when the right to vote at any election for the
choice of electors for President and Vice-President ofthe United States,
Representatives in Congress,the Executive and Judicial officers of a State, or the
members ofthe Legislature thereof, is denied to any ofthe male inhabitants of
such State, being twenty-one years of age,* and citizens ofthe United States, or in
any way abridged, except for participation in rebellion, or other crime, the basis of
representation therein shall be reduced in the proportion which the number of

GO 536.02 — Constitutional Procedures 3


Rev:03/10/17
such male citizens shall bear to the whole number- of male citizens twenty-one
years of age in such State.

Section 3.

No person shall be a Senator or Representative in Congress, or elector of


President and Vice-President, or hold any office, civil or military, under the
United States, or under any State, who, having previously taken an oath, as a
member of Congress, or as an officer ofthe United States, or as a member of any
State legislature, or as an executive or judicial officer of any State, to support the
Constitution ofthe United States, shall have engaged in insurrection or rebellion
against the same, or given aid or comfort to the enemies thereof. But Congress
may by a vote oftwo-thirds of each House,remove such disability.

Section 4.

The validity of the public debt ofthe United States, authorized by law, including
debts incurred for payment of pensions and bounties for services in suppressing
insurrection or rebellion, shall not be questioned. But neither the United States nor
any State shall assume or pay any debt or obligation incurred in aid of
insurrection or rebellion against the United States, or any claim for the loss or
emancipation of any slave; but all such debts, obligations and claims shall be held
illegal and void.

Section 5.

The Congress shall have the power to enforce, by appropriate legislation, the
provisions of this article.

`Changed by section 1 ofthe 26th amendment.

V. PROCEDURE

A. Interviews and Interrogations

Interviews and interrogations require Miranda Warnings when a subject in


custody is being questioned.

1. Interview/Interrogations — Juveniles(See also General Order 534.00)

a. The provisions that apply to the interview/interrogation of adults


apply to the interrogation ofjuveniles with the following additions:

(1) In some circumstances, a child's age can affect how a


reasonable person would perceive his or her freedom to leave. s

5 See, J.B.D. v. North Carolina,09-11121(2011).

GO 536.02 — Constitutional Procedures 4


Rev:03/10/17
(2) Officers shall make a reasonable effort to notify the child's
parent or guardian to be present during the interview and/or
interrogation of their child.

(3) The duration ofthe interview and/or interrogation shall be


reasonable and the police personnel present should be limited to
those assigned to the case and/or those whose technical expertise is
required.

(4) The officer shall explain any applicable police or juvenile


justice system procedures to the child and the child's parent or
guardian before employing such procedures.

2. Voluntary Statements

a. Sworn personnel taking voluntary statements may use the


Department's voluntary statement form to assist them in obtaining and
documenting the statement.

b. Voluntary statements may be taped, typed or handwritten by an


officer, the subject, and complainant or witness and shall be maintained
with the case file.

C. Miranda Warnings are required prior to seeking statements from


subjects who are in custodial situations.

d. As in any case where written statements are taken, the person


giving the statement should initial all mistakes and/or corrections and
initial the beginning and end ofthe entire statement. The
officer/investigator present during the statement will sign the statement as
a witness to its authenticity.

e. It is the policy ofthe Charlottesville Police Department to video


record all statements taken from persons from whom custodial and non-
custodial interviews are conducted when circumstances permit for such
recording.

3. Miranda Warnings

a. In order to achieve uniformity and ensure that all individuals


receive the standard Miranda Warnings and Waiver, police officers will be
issued cards("Advisory card") with the Miranda Warnings and Waiver on
them. A Rights Advisory Form is also available for use.

GO 536.02 — Constitutional Procedures 5


Rev:03/10/17
b. When advising a subject of his/her rights, the rights as set forth on
the Charlottesville Police Department Rights Advisory card or the Rights
Advisory form will be read aloud to the subject.

C. The "Waiver" should be read aloud to the subject after the Miranda
advisory warning. In order to secure a waiver, the following questions
should be asked and an affirmative reply received:

(1) "Do you understand your rights and are you willing to talk
to us about this case?"

d. After the Miranda rights warning and waiver have been read to the
subject, understood by the subject and the subject wishes to waive his/her
rights, the officer should have the subject sign the "Charlottesville Police
Department Rights Advisory" form.

4. Access to Counsel

Any person who lawfully asserts his right to counsel during any criminal
investigation or proceeding conducted by a member ofthis Department
shall not be denied that right.

B. Assuring Constitutional Guarantees to Hearing Impaired Persons

1. Officers shall ensure that a qualified interpreter is used in those incidents


where issues of constitutional rights involving hearing impaired persons arise.

a. A telecommunications device(TDD)for the hearing impaired is


located in the Emergency Communications Center. All dispatch personnel
are qualified to operate the telecommunications device

b. Another option is the use of a sign language interpreter requested


through the ECC and UVA.

2. A hearing impaired complainant, victim or arrested subject shall be made


aware that the interpreter will be provided at no expense. The Department shall
be the responsible party in payment for any interpreter that has been requested
prior to trial.

C. Assuring Constitutional Guarantees to Viewing of Government Actions

1. Courts have decided that the United States Constitution, First Amendment
guarantees that any person who wishes to observe, record, photograph, etc. any
government, including police action, may do so to gather and disseminate
information on matters of public concern, to include video-taping, photographing
and otherwise recording the conduct of government actors engaged in their
governmental duties in public places.

GO 536.02 — Constitutional Procedures 6


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2. Courts have further decided that the United States Constitution, First
Amendment, guarantees that every person have access to property in the public
domain to exercise the freedom of speech, assembly or press and to be secure of
themselves and their property whenever there. 6

3. There are only two limitations to a person observing, recording,


photographing or otherwise documenting government(police)action:

a. No person may engage in any activity, including observing,


recording, photographing, etc. thatjeopardizes the safety of any officer,
any others in the vicinity, or any suspect, nor violate the law, or incite
others to violate the law or towards acts of violence.

b. No person may remain illegally upon a premise or location to


observe, record or photograph, etc. The person must have the right to be
present at the location.

4. With this stated, it is noted that persons have a right to observe, record,
photograph, or otherwise document the conduct of government actors engaged in
governmental duties on, but not limited to, the following properties:

a. All public sidewalks, streets, parks, open spaces, etc.

b. Inside public buildings, schools, markets, sporting facilities,

C. Any private property that the public is generally allowed access,


such as but not limited to:

(1) Shopping centers

(2) Parking lots,

(3) Access roads,

(4) Apartment buildings.

d. Any private property that the person has approval to be on such as


but not limited to:

(1) Common property

(2) Personal property

(3) Invited upon property

(4) Family property.

United States Constitution, Fourth Amendment

GO 536.02 — Constitutional Procedures 7


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5. Officers must be aware that observing, recording, photographing, or
otherwise documenting of officers while on duty or in the course oftheir duties
includes but is not limited to the following:

a. Patrolling

b. Traffic Stops

C. Detentions

d. Searches

e. Arrests

f. Uses ofForce

g. Gathering

h. Conversing with the Public

i. Investigating

6. Officers are expressly prohibited from infringing upon the rights of


persons observing, recording, photographing, etc. in any manner, such as, but not
limited to the following:

a. Blocking or obstructing the person, sight, lens, or device,

b. Discouraging the person in any manner,

C. Intimidating the person through looks, words or actions,

d. Touching the person or disabling the device,

e. Seizing the property for any purpose other than actual evidence,

f. Temporarily holding property and deleting any information,

7. Officers are reminded that there are times that a person may not observe,
record photograph, or otherwise document police activity due to jeopardizing
officers or others safety or otherwise interfere with officers or other first
responders in the performance of their duty. Examples of such situations are:

a. Tampering with a witness by repeatedly instructing or advising


them,

b. Interfering by repeatedly instructing a suspect in a course of action,

C. Inciting or encouraging any person towards violence against


another,

GO 536.02 — Constitutional Procedures 8


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d. Blocking the movement of officers rendering aid or investigating,

e. Blocking the movement of other first responders rendering aid,

f. Contaminating or destroying a crime or accident scene,

8. Officers are further reminded that it is their duty to uphold the absolute
right of any individual to observe, record, photograph, or otherwise document any
police activity, and to not hamper those rights, but advise them how to do so in a
manner that protects their rights and assists those involved in the duties being
performed, for example asking the person to move to a less intrusive location or
to remain quiet.

9. If an officer believes that recordings or photographs potentially contain


actual evidence the following procedure will be followed:

a. A supervisor must be notified

b. Consent should be sought in reviewing or copying any evidence.


This consent must not be coerced implicitly or explicitly and must be
freely and voluntarily given. Where practical such consented should be
documented in some fashion, preferably on video or digitally recorded.

C. If consent is not given, probable cause must exist that the item is,
or contains contraband or evidence of a crime and the exigencies of the
circumstances exist in that either may be easily destroyed if not seized.

(1) Such a seizure must be temporary, limited to a reasonable


amount of time, until a search warrant is obtained.

(2) It must be noted that any seizure of a recording device is a


First and Fourth Amendment issue and significantly different than
other evidence as it may contain evidence of police misconduct
and thus a heightened sense of review and justification required for
such seizure.

10. It is further noted that the general public enjoy the same rights as any
media service. No individual needs to present any "press credentials" in order to
exercise his or her right to observe, record or photograph any activity taking place
in accessible area or within view ofthe general public.

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D. Search and Seizures

1. Temporary Detention ("Terry Stop"). Police officers are allowed to stop a


person and detain him/her briefly for questioning upon a reasonable articulable
suspicion that he/she may be involved in criminal activity 7

a. Temporary Detention— to lawfully stop an individual, an officer


must be able to articulate reasonable suspicion that the person stopped has
committed, is committing or is about to commit a crime.

(1) Reasonable suspicion exists when an officer can articulate


facts sufficient to cause a reasonably prudent person to suspect that
criminal activity is, has or is about to occur. This is a higher
standard than mere suspicion and less than probable cause.

(2) The scope of activities permitted during an investigatory


stop is determined by the circumstances that initially justified the
stop. Pertinent considerations a court will look to in determining
whether an investigative stop is reasonable may include:

i. The amount offorce used by police to detain the individual,

ii. The need for such force,

iii. The extent to which the individual's freedom of movement


was restrained, and

iv. The duration ofthe investigatory detention.

b. Grounds for Frisk — An officer must have reason to believe that a


subject who has been stopped is armed and dangerous before the officer is
able to perform a lawful frisk ofthat subject. An officer need not be
absolutely certain that the individual is armed; the question is whether a
reasonably prudent person in the same circumstances as the officer would
believe that his/her safety or that of others is in immediate danger.
Officers are entitled to draw reasonable inferences from the facts or
circumstances presented by a particular situation, in light of his/her own
past experience and training. The right to conduct a frisk of a person
lawfully detained requires an independentjustification beyond simply the
reasonable suspicion that gave rise to the stop. In other words, an officer
must be able to articulate the basis for their suspicion that the person is
armed or poses a danger to the officer or others.

See, Terry v. Ohio. 391 U.S. 1 (1967).

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C. Nature of Frisk — the search for weapons must be a limited
intrusion. The scope ofthe frisk must be designed to discover hidden
weapons or instruments, which might be used to harm the officer. Unless
an officer can articulate an object is immediately apparent as a potential
weapon without manipulation they cannot go further into pockets or
clothing to investigate further.

d. It shall be the policy ofthe Charlottesville Police Department to


ensure that temporary detentions are properly recorded pursuant to
departmental policy. In those circumstances where the involved officer is
operating a departmental vehicle equipped with a mobile video camera, or
is equipped with a body worn camera,the facts leading up to the stop and
the entire citizen encounter up to the time that the citizen is free to leave or
is turned over to either a transport officer or ACRD personnel shall be
recorded.

2. Show-Up

a. A show up is a Terry Stop in which a subject is temporarily


detained by law enforcement personnel to permit a complainant or witness
of a crime with the opportunity to view only the detained subject and then
be asked if the detained subject is the perpetrator ofthat crime.

b. Extreme caution shall be taken to reduce the suggestive nature of


the viewing, thereby reducing the victim or complaint's possibility of
mistaken identity and/or an allegation ofthe unconstitutionality ofthe
show-up procedure.

(1) Generally, the complainant or witness should be brought to


the location ofthe subject's detention.

(2) The detention should be in the reasonable proximity to the


crime (i.e., time and location) and the subject detained only for a
reasonable amount oftime.

(3) If possible, subject should not be viewed in a police vehicle


or be viewed while in handcuffs.

(4) Conversation between officer and complainant/witness


should be out of hearing range ofthe detained subject.

C. It shall be the policy ofthe Charlottesville Police Department to


ensure that all show-ups are properly recorded and that an MR be
completed outlining the facts and circumstances that led to the
show-up, the manner in which the show-up was conducted, and the

GO 536.02 — Constitutional Procedures 11


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results ofthe show-up. Mobile Video Recording equipment or
body worn video equipment shall be used to record the instructions
given to the witness prior to the show-up as well as the show-up
itself.

3. Searches Incident to Arrest

a. A warrantless search of a person and the areas within the


immediate control of such person will be conducted at the time a subject is
placed under arrest or as soon as possible afterwards, dependent on the
totality of the circumstances(e.g. place of arrest, etc.).

b. With regard to searches of a vehicle incident to arrest, officer's


may search the vehicle of its most recent occupants after an arrest only if it
is reasonable to believe that the arrestee might access the vehicle at the
time ofthe search, or that the vehicle contains evidence of the offense of
the arrest. 8

4. Strip Searches(Virginia Code 19.2-59.1)

a. No person under custodial arrest for a traffic infraction, Class 3 or


Class 4 misdemeanor, or a violation of a city ordinance, which is
punishable by no more than thirty days in jail shall be strip searched
without an authorizing supervisor's confirmation that the law enforcement
officer has probable cause to believe that the subject is concealing a
weapon or contraband.

b. Subjects under custodial arrest for a Class 1 or Class 2


misdemeanor, or for any felony, may be strip searched if the arresting
officer reasonably believes the subject is concealing a weapon,
contraband, stolen property or fruits of a crime.

C. All strip searches conducted shall be performed by persons of the


same sex as the person strip-searched and on a premise where the search
cannot be observed by persons not physically conducting the search. The
only exception is that there shall be at least one other officer ofthe same
sex ofthe subject being searched present during the search to serve as a
witness.

d. Following a strip search, the arresting officer shall document the


following in the IBR report:

(1) Date,time, and specific location ofthe search,

s
See, Arizona v. Gant,556 U.S. 332(2009).

GO 536.02 — Constitutional Procedures 12


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(2) Identity ofthe officer conducting the search and those
present during the search,

(3) A detailed description ofthe nature, extent, and location of


the search,

(4) Any weapons, evidence or contraband found during the


search,

(5) Use offorce, if any.

5. Body Cavity Searches

a. Should visual examination of a suspect during a strip search and/or


other information lead an officer to believe that the suspect is concealing a
weapon, evidence or contraband within a body cavity (excluding mouth),
the following procedures shall be followed:

(1) The officer shall consult with a supervisor to evaluate the


existing probable cause that is required to seek a search warrant for
a body cavity search.

(2) An affidavit for the search warrant shall be prepared and


presented to the magistrate or the court.

(3) On the basis of a search warrant, a body cavity search shall


be performed only by a physician or by other medically trained
personnel authorized to do so.

(4) The search will be conducted at a medical facility.

(5) The authorized individual conducting a search shall file a


report, to be attached to the search warrant documents. The
witnessing law enforcement officer(same sex as subject ofthe
search) shall sign that report and comply with IBR information
required by IV.H. of this policy.

6. Vehicle Stops

a. It is recognized that whenever a vehicle is stopped for a traffic


violation or suspicion of a crime, the driver ofthe vehicle is not free to
leave and it is therefore a stop, detention or temporary seizure per this
policy.

GO 536.02 — Constitutional Procedures 13


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b. During the course of a vehicle stop, all persons inside the vehicle
are presumed stopped for 4th amendment purposes and have standing to
challenge the basis for the stop. 9

C. An officer's order that the driver of a lawfully stopped vehicle exit


the car applies to any and all passengers as well. 10

d. Where an officer has Reasonable Suspicion to believe that a person


in a lawfully stopped vehicle is armed and dangerous, the officer may
conduct a pat down ofthe subject without further justification/"

e. The authorized individual conducting the stop shall document the


reasoning either by Field contact card or IBR as described in V.H ofthis
policy

E. Search/Seizure with Warrant

1. The Fourth Amendment guarantees the right for people to be free from
unreasonable searches and seizures oftheir homes, person, and things. The
Supreme Court is constantly interpreting the Fourth Amendment as it applies to
police conduct. Illegally seized items of evidence may not be admitted against a
defendant in a criminal case, and thus an otherwise successful prosecution may
fail. Additionally, an illegally conducted search may result in civil suits in both
state and federal court. In order to ensure that a citizen's Fourth Amendment
rights against an unreasonable search and/or seizure are protected, Charlottesville
police officers will apply for search warrants based on probable cause when
conducting criminal investigations, except in limited situations where exigent
circumstances or other lawful exceptions to the warrant requirement exist.

2. Legal Authority

a. Section 19.2-52 ofthe Code of Virginia states that a judge or


magistrate may issue a search warrant when

(1) There is reasonable and probable cause to do so.

(2) There is a complaint on oath supported by an affidavit.

b. Section 19.2-53 ofthe Code of Virginia states that search warrants


may be issued for the search of or for specified places, things or persons
and seizure therefrom of the following things as specified in the warrant:

9 See, California v. Brendlin, 551 U.S. 249(2007). Also see, Arizona v. Jones, 129 S.Ct.781 (2009).
10 See, Wilson v. Maryland, 519 U.S. 408(1997).
11 See, Arizona v. Johnson,supra.

GO 536.02 — Constitutional Procedures 14


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(1) Weapons or other objects used in the commission ofa
crime.

(2) Articles or things the sale or possession of which is


unlawful.

(3) Stolen property or the fruits of any crime.

(4) Any objects, thing or person including documents books,


records, paper or body fluids constituting evidence of a crime.

3. Legal Requirement

a. Affidavit Requirement — Section 19.2-54 ofthe Code of Virginia


requires that prior to the issuance of a search warrant; an affidavit must be
filed and sworn to before ajudge or magistrate. The affidavit must
contain the following information:

(1) The specific offense for which the search warrant is to be


used.

(2) A description of the person, place or thing to be searched.

(3) The items to be searched for.

(4) Material facts constituting probable cause for the search.


The officer must be specific in their facts.

(5) The officer must have personal knowledge ofthe facts set
forth in the affidavit or be advised ofthe facts by an informant.
When using an informant, the officer must establish credibility and
reliability. This is most commonly done by stating the informant's
past reliability in providing facts that have led to arrests and
convictions.

(6) The magistrates must deliver the affidavit to the Clerk of


the Circuit Court within seven days after the issuance of the search
warrant.

(7) Section 19.2-56 ofthe Code of Virginia requires that a


copy of the affidavit be attached to the search warrant.

b. Search Warrant Requirement - Section 19.2-56 of the Code of


Virginia defines the following requirements to be listed on the search
warrant:

GO 536.02 — Constitutional Procedures 15


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(1) Location/description ofthe person, place or thing to be
searched.

(2) The date and time ofissuance.

(3) The date and time of execution.

(4) List of property seized. The list of property seized must be


sworn to before a notary public.

(5) Execution ofthe search warrant must take place within


fifteen days after the issuance, or it must be returned to, and voided
by the issuing magistrate or judge.

(6) Section 19.2-57 ofthe Code of Virginia requires that the


executed search warrant with list of property seized(or a notation
that no property seized) must be filed in the Circuit Court within
three days after execution excluding Saturdays, Sundays or any
legal federal or state holiday.

F. Home Entries

1. Felony Warrants - Officers may not enter a person's home to make a


felony arrest without a warrant. Implied in a felony arrest is the right to enter a
home and to conduct a search for the person named in the warrant providing the
following three things exist:

a. The existence of a valid arrest warrant in which the wanted subject has
been named;

b. The address stated on the warrant is the named subject's address and not
that of a third party; and

c. There is probable cause to believe the named subject is at home at the


time entry is made. 12

While some courts may find that an officer need not have "special knowledge', 13
as to whether the wanted person is, indeed, at home at the time the warrant is
executed, this policy shall require that the officer point to articulable facts to
support a belief that the person is at home at the time entry into the house is made.

The only other means by which officers may enter a person's home to affect an
arrest is the existence of voluntary consent given by someone who has the actual

12 Payton New York,445 U.S. 573(1980)


13 3 Wayne R. LaFave,Search and Seizure § 6.1 (4th ed. 2004)

GO 536.02 — Constitutional Procedures 16


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or apparent authority to given such consent, or the presence of exigent
circumstances. The severity of an offense does not create exigency.

With regard to entering the home of a third party (i.e. not the subject expressly
named in the warrant), absent exigency or voluntary consent, officers must obtain
a search warrant before entering the home of a third parry. An arrest warrant is
insufficient when the subject of the warrant is in a third party's home. 14

Under no circumstances shall an officer enter the home of a person wanted for a
misdemeanor absent voluntary consent, exigency, or a valid search warrant. 15

2. Limits on Home Curtilage:

The area immediately surrounding and associated with a home is known as the
curtilage. Like the home,it is protected by the Fourth Amendment.

An officer not armed with a warrant may approach a home and knock like any
other person may do. However,the implied invitation to knock does not carry
with it the further authorization to conduct a search while on the property unless
the officer has a valid warrant, voluntary consent, or exigency. 16

3. Canine Sniff of a Home:

The use of a properly trained canine to snifffor contraband within the curtilage of
a home is a search under the Fourth Amendment. As such,the search must be
supported by a valid warrant, voluntary consent, or exigency. The implied
invitation which exists for anyone to knock on someone's front door does not
authorize officers to bring a properly trained drug-sniffing canine on to the
property to sniffthe air while the officer is knocking.17

G. Search and Seizure without Warrant

All officers should be guided by the general rule that when there is doubt as to the
legality of an impending warrantless search, when time allows, the City of
Charlottesville Commonwealth Attorney's office should be consulted or a search
warrant should be applied for. With that said, there are several categories where
searches without a warrant have been deemed acceptable:

1. Search Incident to Lawful Arrest

A search incident to lawful arrest does not require issuance of a warrant.


If someone is lawfully arrested, an officer may search the person and any

14
Steagald v. U.S. 451 U.S. 204 (1981,)
15 In U.S. v Hall, supra, 461 Circuit found that Payton's authority applied to the execution of misdemeanor warrants
as well. This policy expressly prohibits such an application.
16
Florida v. Jardines, 133 S.Ct. 1409(2013)

GO 536.02 — Constitutional Procedures 17


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area surrounding the person that is within reach, or their lunge-able area.
The rationale is that the search is permissible as a protective measure from
weapons or other dangerous instruments to include devices used to remove
restraints.(See, Chimel v. California, 395 U.S. 752(1969).

2. Plain View Exception

No warrant is required to seize evidence in plain view if an officer is


legitimately in the location from which the evidence can be viewed. For
example, an officer cannot illegally enter a suspect's back yard and then
use the plain view exception to seize illegally growing marijuana. But, if
on the premises to answer a call for service the officer sees the marijuana
plants in plain view, they can rightly be seized. After securing said
location a search warrant should be obtained for further searching.

3. Consent Search

Ifconsent is given by a person reasonably believed by an officer to have


authority, and mental capacity, to give such consent and the consent is not
coerced, no warrant is required for a search or seizure. For example if a
suspect is asked if their person, or property under their control, may be
searched, even lacking any probable cause, and receive consent, the search
may take place. If consent is removed the search would have to stop
immediately. Factors to consider in voluntariness are:

a. The number of officers present at the time ofconsent;

b. The subjective state of mind,intelligence and age ofthe consenting


person (including the individual's knowledge of his right to refuse to
consent; however, the voluntariness of a person's consent does not depend
on his having been specifically informed of his right to refuse);

C. The length of any detention involved. (See, Illinois v. Rodriguez,


497 U.S. 177(1990).

4. Temporary Detention

Police may stop a suspect for investigative purposes so long as there is a


reasonable suspicion of a criminal act. The evidence necessary for
reasonable suspicion is more than mere suspicion, but is less than the level
required for probable cause. If there is reason to believe that the person
may be armed and dangerous, the police can also frisk the suspect. Also
see section C.1 above. (See, Terry v. Ohio, 392 U.S. 1 (1968).

GO 536.02 — Constitutional Procedures 18


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5. Automobile Exception

Because vehicles are highly mobile, a warrant is not required in most


circumstances. Any vehicle may be searched without a warrant if there is
probable cause to believe that evidence, instrumentalities, etc. are present
in the vehicle, unless the securing of a warrant is reasonably practicable.
(See, Carroll v. United States, 267 US. 132(1925).

6. HotPursuit

While in the course ofthe pursuit of a suspect, if an officer sees evidence


of a crime, it may be secured and seized. Furthermore, if a suspect enters
private property while being pursued by an officer, no warrant is required
to enter that property in order to continue pursuit, even if the suspect is in
no way connected with the property owner, and anything that is seen while
in pursuit may be seized.

7. Abandoned Property

Any property left alone and abandoned with no one claiming ownership is
considered abandoned and may be searched.

8. Open Fields

Search and seizure laws cover real and personal property, such as homes,
business, papers, and vehicles, as well as a person; however, it does not
cover open fields. If an officer is legally present in such a field and
locates evidence, contraband or other it may be seized.

9. Special Needs Searches

Workplace searches that are conducted for the purpose of determining


administrative rule or policy violations, as opposed to violations of
criminal law, are an example ofa Special Needs Search. Special Needs
Searches of this kind require reasonable suspicion of workplace
misconduct, but do not require a search warrant.18

Such searches must be reasonable at the inception, and reasonable as to


scope. Workplace searches conducted during the course of an Internal
Affairs Investigation for the purpose of uncovering a violation of policy
must, absent exigent circumstances, be approved by the Chief of Police or
his/her designee.

'$ See,O'Connor v. Ortega. 480 U.S. 709(1987),and City of Ontario v. Quoit 560 U.S. (2010).

GO 536.02 — Constitutional Procedures 19


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Another example of a Special Needs Search is vehicle check-points or
road blocks. These are typically regulatory in nature.

Drunk/Impaired driving road-blocks are Constitutional as long as they are


conducted according to pre-set guidelines which limits discretion and
arbitrariness of officers involved with respect to which vehicles are
stopped.

It shall be the policy of the department not to conduct drunk/impaired


driving road-blocks without the authority of the Chief of Police and
without approval of an operational plan that is consistent with generally
accepted policing practices and whatever guidance and direction, if any is
provided by the Virginia State Police, the Virginia Department of
Transportation, and/or the Highway Safety Administration.

Roadblocks that are conducted for general crime control are run afoul the
United States Constitution and are prohibited.20

Information road blocks are Constitutional21, but it shall be the policy of


the department that any such road blocks must be preceded by an
operational plan that sets out both the purpose and staffing requirements
and must be approved by the Chief of Police.

10. Administrative

Businesses that are regulated by the government, such as nursing homes,


restaurants, power plants, etc., as well as other property under regulatory
authority may be subject to administrative searches and inspections,
without a warrant. For the most part, these types of searches are
considered "Special Needs" searches and are not intended to be
investigatory in nature. In the event such a search produces a police
response, evidence or contraband may be secured and seized. To the
extend such a search provides probable cause to believe further
investigation will result in evidence of a crime, an application for a search
and seizure warrant shall be required.

11. Border Searches

Although rarely used by a municipal officer, a search may be conducted to


any person or article coming across the international border into the

19 Michigan v Sitz, 466 U.S. 444(1990).


2`)
See, Indianapolis v. Edmond,531 U.S. 32(2000)(Road blocks conducted for the purpose of drug interdiction
held to be unconstitutional since the purpose behind such road blocks is general criunc control and not higlim ay
sarety).
21 See, Illinois v. Lidster, 540 U.S. 419(2004)(Infornkational road block that sought assistance of motorists in the

area of a tut and nun fatality held to be Constitutional.)

GO 536.02 — Constitutional Procedures 20


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United States without any probable cause or suspicion for various reasons
pertaining to sovereignty and security (see Title 19 § 1581 ofthe United
States Code. 12).

12. Inventory Search

An officer may secure personal property contained in an impounded


vehicle, or off an arrested person as part of a caretaking responsibility.
This type of search is called an inventory search and is for the purpose of
taking inventory of and securing personal effects. An inventory of
personal property at the time of a person's arrest is an inventory similarly
allowed to be conducted without a warrant.

13. Exigent Circumstances

Exigent circumstances are emergencies that a reasonable exemption may


apply. Some ofthese are:

a. Evanescent searches- This may allow police to make a


warrantless search of both people and residences when the
evidence is considered fleeting and may disappear after a short
period oftime.

b. Securing and searching of people- officers must have


probable cause to arrest a subject, although they haven't done so
yet, and must reasonably believe the subject is destroying other
evanescent evidence, e.g. caked blood under fingernails.

C. Securing and searching of a residence- police can enter


without a warrant when they have reasonable cause to believe that:

(1) Evidence ofa crime is about to be or is being


destroyed;

(2) People inside are in imminent danger ofdeath or


grievous bodily harm and a delay wouldfurther endanger
them;

(3) Dangerous materials(e.g. explosives) inside are


imminently likely to kill, seriously injure, or destroy
property;

(4) Weapons inside will be used to kill or seriously


injure unless they are seized immediately.

GO 536.02 — Constitutional Procedures 21


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H. Conducting Searches

1. According to state, federal and case law, officer(s) may not use a search
warrant to conduct a search that goes beyond the parameters ofthe requested
search. Basically, an authorized search must cease once the property being search
for is found

2. When executing a search warrant, the person searched or owner ofthe


place searched or thing to be searched must receive a copy ofthe search warrant
with the affidavit attached.

3. A search warrant for premises does not necessarily authorize a search of a


person(s) at the residence unless specially specified in the warrant.

I. No-knock Entry to Search

1. There can be certain incidents when police officers executing a search


warrant(s) may have to exercise the no-knock rule when entering premises. The
practice of using the no-knock entry is authorized by certain recognized
exceptions to the standard warrant execution procedure.

2. When using no-knock entry, an officer shall have reasonable suspicion to


believe that announcing his/her presence would:

a. Lead to destruction of evidence.

b. Pose a danger to the officer or someone else.

C. Aid in suspects escaping.

J. Reasonable Suspicion Temporary Detention and Consent Search Reporting


Requirements

1. Whenever a person is stopped based on reasonable articulable suspicion or


probable cause and property is not seized, the reasonable suspicion or probable
cause must be fully articulated in an IBR, reported via UTS,or otherwise
recorded in a FCC (Field Contact Card)/warning ticket.

2. Whenever property is seized or the person is arrested as a result of


detention, an IBR must be completed.

a. Ifthe seized property involves a person observing, recoding or


photographing, the responding police a supervisor must include a
supplement which clearly articulates his or her evaluation as to the
officer's basis for the stop and the seizure of any property.

GO 536.02 — Constitutional Procedures 22


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3. All contacts and calls shall be properly recorded in accordance with this
policy and cleared through ECC with the appropriate disposition code.

4. Temporary Detention/Consent Searches

a. ALWAYS require an IBR

(1) Offense 1 will always be the offense that you were


investigating that led to the stop/stop and frisk, or solicitation for
consent to search.

(2) Offense 2 will be one ofthe following

i. 980- stop without search or frisk: for suspicion of a crime


as explained in the I13R

ii. 981- stop with search or frisk: for suspicion of a crime as


explained in the IBR

(3) The narrative must articulate the officer's reasonable


suspicion leading to the stop/frisk/search and the events
surrounding the incident.

(4) The reviewing supervisor and shift commander shall ensure


that the facts and circumstances provided by the officer meet the
requisite legal standard prior to approving and further processing
the report.

(5) The Field Operations Division Commander, along with the


shift lieutenants and to the extent possible, a representative from
the Commonwealth's Attorney's office, shall conduct an
inspection of all such reports at least once a quarter. Those reports
which have failed to meet the requisite legal standard shall be
returned to the approving supervisor for explanation, investigation,
and appropriate remedial training or disciplinary action as deemed
appropriate.

(6) A report shall be submitted to the Chief ofPolice quarterly


with respect to all reasonable suspicion based stops, stops and
frisks, and consensually based searches.

b. Police and Sheriff's departments must comply with VA code 15.2-


1722 which states:

15.2-1722. Certain records to be kept by sheriffs and chiefs of police.

GO 536.02 — Constitutional Procedures 23


Rev:03/10/17
It shall be the duty ofthe sheriff or chief of police of every locality to
insure, in addition to other records required by law,the maintenance of
adequate personnel, arrest, investigative, reportable incidents, and
noncriminal incidents records necessary for the efficient operation of a
law-enforcement agency. Failure of a sheriff or a chief of police to
maintain such records or failure to relinquish such records to his successor
in office shall constitute a misdemeanor. Former sheriffs or chiefs of
police shall be allowed access to such files for preparation of a defense in
any suit or action arising from the performance of their official duties as
sheriff or chief of police. The enforcement ofthis section shall be the duty
ofthe attorney for the Commonwealth ofthe county or city wherein the
violation occurs.

(1) For purposes ofthis section, the following definitions shall


apply:

"Arrest records" means a compilation ofinformation, centrally


maintained in law-enforcement custody, of any arrest or temporary
detention of an individual, including the identity ofthe person
arrested or detained, the nature ofthe arrest or detention, and the
charge, if any.

"Investigative records" means the reports of any systematic


inquiries or examinations into criminal or suspected criminal acts
which have been committed, are being committed, or are about to
be committed.

"Noncriminal incidents records" means compilations of


noncriminal occurrences of general interest to law-enforcement
agencies, such as missing persons, lost and found property,
suicides and accidental deaths.

"Personnel records" means those records maintained on each and


every individual employed by a law-enforcement agency which
reflect personal data concerning the employee's age, length of
service, amount oftraining, education, compensation level, and
other pertinent personal information.

"Reportable incidents records" means a compilation of complaints


received by a law-enforcement agency and action taken by the
agency in response thereto.

5. Vehicle Stops

GO 536.02 — Constitutional Procedures 24


Rev:03/10/17
a. Ifthe vehicle stop is based on a traffic violation and no ticket is
issued the stop shall be documented on a Warning Ticket.

(1) The Warning Ticket shall contain: the Reasonable


Suspicion leading to the stop, the date, time and location, and the
personal identifiers ofthe driver, to include sex, race, DOB and DL
or SSN.

(2) A Warning Ticket is not required if the stop results in the


issuance of a traffic summons or arrest.

b. Ifthe vehicle stop is based on reasonable suspicion related to the


officer's investigation of a crime,(i.e. matches suspect identifiers, etc.) an
IBR is required for documenting the reason for the stop.

GO 536.02 — Constitutional Procedures 25


Rev:03/10/17
CHARLOTTESVILLE POLICE DEPARTMENT
Note: This directive is for internal use only and (toes not enlarge an officer's liability in any way. It
should not be construed as die creation of a higher standard of safety or care in an evidentiary sense
with respect to third party claims. Violations of this directive, if proven, can only form the basis of a
complaint by the Charlottesville Police Department and then only in a non-judicial administrative
X ttlllg.

Type of Directive: GENERAL ORDER Number: 02-13


USE OF FORCE- GENERAL Date: January 24, 2017
VLEPSC Number: ADM.05.01 Manual Number: 537.00
Amends: 01/05/15, 07/26/2016, 01/27/2017 Effective Date: 07/27/2017

Authorization: Chief A.S. Thomas A IIV7 Review Date: Annually

I. POLICY

The policy of this agency is to protect and preserve the rights of all citizens while
balancing the need for officer safety during police and citizen encounters. Officers shall
use only reasonable force to overcome the resistance of a suspect being lawfully detained.
All uses of force by a law enforcement officer against free citizens must be objectively
reasonable under the totality of circumstances.

II. PURPOSE

The purpose of this policy is to establish rules and regulations governing the use of force
by officers of the city of Charlottesville Police Department.

III. DEFINITIONS
A. Gender: The word "he," or any word importing the masculine gender, shall extend
and be applied to females as well as males.
B. Use ofForce Wheel: is an instructional aid wherein an officer is hypothetically placed
in the center of"hub" or a "force wheel" and reacts to potential use offorce issues using
a reasonable amount offorce to gain control over a subject. When the subject's actions
indicate a behavioral escalation or de-escalation, the officer's new use of force option
may either travel around the perimeter of the wheel, straight across the wheel or in any
direction to meet the tense, uncertain and rapidly evolving situations that the officer may
encounter.
Examples of the type offorce wheel options that are available to officers are:
chemicals agents; defensive tactics; Tasers; firearms; impact weapons; mere
presence of the officer; police canine; and verbal communications.
C.Deridly Force: Any force that has the substantial likelihood of causing serious bodily
harm or death.

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D.Non-Deadly Force: All uses offorce other than those that have the substantial
likelihood of causing serious bodily harm or death.
E.Imminent: Impending or about to occur.
F. Objectively Reasonable Force: The amount offorce that would be considered
reasonable by other well-trained officers or experts in the field oflaw enforcement when
faced with the circumstances that the officer using the force is presented with.
G Reasonable Belief: Is a belief based on a set of facts and or circumstances that would
cause a reasonable person to believe something is true.
H.Serious Bodily Harm:(18 U. S. C. Sec 1365(h)(3): the term "serious bodily injury"
means bodily injury which involves
1. a substantial risk of death;
2. extreme physical pain;
3. protracted and obvious disfigurement; or
4. protracted loss or impairment ofthe function of a bodily member, organ, or
mental faculty.
I. Active Resistance: a subject actively resists when they take affirmative or defensive
action to defeat an officer's ability to take them into custody.
J Face Down: A body position where the chest is in contact with the ground, regardless
of head position.
K.Positional Asphixyia: Death resulting from body positioning restricting the person's
ability to breathe.
L.Hogtie: a method of tying the limbs together, rendering the subject immobile and
helpless.
M. Electronic Control Device(ECD): Electronic Control Devices or stun guns
(electronic control weapons)that disrupt the central nervous system ofthe body.

IV. PROCEDURE
A. General
1. Officers shall only use that force which is reasonable to protect life and affect
lawful objectives.
2. For the purpose of the Use of Force directives, `use offorce' shall encompass
both deadly and non-deadly force and will be implemented by the use of the
"force wheel."
3. The Department's Use of Force Wheel shall serve as a basis for the use of an
officer's discretion in responding to perceived threats of aggression and is listed
in the following ascending order:
a.Mere Presence

GO 537.00 — Use of Force-General 2


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b.Verbal Command
c.Defensive Tactics/Open hand
d.TASER
e.Chemical Spray
f. Impact Weapons
g.Canine
h.Other Less-lethal
i. Deadly Force
4. The "force wheel" is based upon having a central hub with the officer being
the middle and can choose from around the wheel the appropriate form of force
for the situation in response to the required level of compliance from an
individual that is to be restrained or controlled. The reasonable force option that
will safely accomplish lawful objectives should be chosen.
5. Officers must be familiar with all alternative options on the "force wheel" and
should be prepared to respond to the level of the threat present at the specific
moment in time, e.g. compliance, escalation, de-escalation.
6. Use offorce options will not be used under the following conditions:
a.As a threat to make a person comply with an officer's verbal order when no
physical violence is imminent.
b.To elicit information from a person.
c.As a retaliation for verbal or physical abuse.
7. Officers shall attend a use offorce refresher course annually.
B. Mere Presence
In a number of instances, the mere presence at the scene by a uniformed officer
displaying a professional demeanor may be sufficient to gain control and compliance.
C. Verbal Communication
An officer may be able to gain voluntary compliance by using his voice. Verbal
commands given in a clear and concise manner may gain control and compliance in
certain instances, e.g. "Stop, Police"; "Police, Don't Move" and "You're Under
Arrest, Put Your Hands on Your Head", etc.
D. Defensive Tactics
1. General - Use ofPhysical Force
All Sworn officers are trained in the use of physical defensive tactics as a use of
force option to gain compliance from resistant or aggressive individuals in arrest
or other enforcement situations. It is the policy of the Department that officers
use only those defensive tactic procedures that are in compliance with the
guidelines set forth in the Use of Force directives.

GO 537.00 — Use of Force-General 3


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2. Training/Authorization for the Use ofForce
a.Officers shall be trained in defensive tactics techniques as mandated by the
Department of Criminal Justice Services. Training in the use of defensive tactics
shall be provided in the basic law enforcement training academy and refreshed
on an annual basis by the Department's defensive tactics instructors.
b.Officers should consider the particular subject and any vulnerability.
These may include person(s) who are small in stature, very frail, or are in a
mental/medical crisis and are more dramatically impacted.
c.All officers will attend defensive tactic retraining once each calendar year.
3. Use of Defensive Tactics
a.Officers shall use only the amount offorce that is reasonable in any particular
situation. Generally, force may be used to:
a. Protect the officer or others,
b. Detain an offender, make an arrest or to sustain the detention of
the arrested person,
c. Overcome resistance,
d. Prevent an escape or recapture a subject after an escape,
b.Once a subject is restrained and under control the use of physical force shall
be limited to that force that is reasonable to retain control over the subject.
c. Lateral Vascular Neck Restraints shall only be used when deadly force is
justified.
d.While in a face-down position officers shall not hogtie an individual who is
detained, due to the risk of positional asphyxia. An individual, who has been
placed in a face down position, shall be returned to an upright position as soon
as practical and immediately if the person displays or expresses any difficulty in
breathing.
E. Electronic Control Device(ECD)
1. Certification and Training
a. The Charlottesville Police Department deploys ECDs manufactured by
Taser International.
b. All officers will be trained in accordance with Department guidelines
before being authorized to utilize an ECD in the field.
c. Training shall consist of a standardized 4-hour course ofinstruction by
certified ECD instructors providing a minimum oftwo practice firings.
d. A copy ofthe lesson plan shall be filed in the departments training office.
e. All officers must show basic knowledge ofthe ECD in the form of a
written test at the end oftraining.

GO 537.00 — Use of Force-General 4


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f. In order to demonstrate incapacitation resulting from the use of an ECD,
trainees may volunteer to receive a full one-second burst or a full five-
second contact strike with the Taser.
g. An ECD refresher course shall occur annually and consist of physical
competency and device retention, changes in agency policy, technology
changes and reviews oflocal and national trends in Taser use.
2. Accessibility
a. The Department issued ECDs are assigned to the control of the ECD
Program Commander. All ECDs will be catalogued to include serial
number, officer, and location of assignment.
b. Spare ECDs, cartridges, batteries and holsters will be stored in the ECD
Program Commander's office while not deployed in the field.
c. ECDs may be assigned to individual officers as issued equipment and
must be maintained by the issued officer as other electronic and firearms
equipment. Officers who are issued ECDs shall abide by all provisions of
this policy pertaining to maintenance and testing and shall ensure proper
storage and safekeeping.
C. Maintenance/Testing
1. Officers who are issued ECDs shall spark test his/her device prior to the start
of their shift during roll-call as part of his/her dally inspection to ensure the ECD
is functioning properly.
2. All ECD units will be downloaded quarterly to ensure that all
deployment/activations have been reported as required as well as resetting the
internal clock. The ECD Program Commander will keep documentation of the
quarterly audit.
3. ECDs that are not operating properly will be promptly submitted to an on duty
supervisor with documentation of any problems to be forwarded to the ECD
Program Commander. A replacement ECD will be issued only by the ECD
Program Commander.

D. Deployment and Use


1. Officers shall make all reasonable efforts to avoid ECD deployment to the
head, neck, eyes, genitals or upper chest area, see Taser training bulletin outlining
preferred targeting areas.
2. Officers shall avoid multiple deployments ofthe ECD in drive stun mode as
such deployments may result in death or seriously bodily injury.
3. Officers should avoid deploying the ECD for more than two five second cycles.
If after the second cycle the ECD is having no effect on the suspect, officers shall
reassess their use offorce options.

GO 537.00 — Use of Force-General 5


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Taser training bulletin

In 2010 TASER INTERNATIONAL issued an amended Targeting Guide that


applies to the XREP impact munitions as well as ECDs such as the X26, M26 and
X3.

Note, TASER INTERNATIONAL lowered the recommended point of aim from center of
mass to lower-center of mass for frontal shots. The blue highlighted area in the adjacent
target man represents the preferred target area.

TASER INTERNATIONAL Articulated three reasons:


a. Simplify targeting for all TASER systems to one easy to remember map,avoiding
chest shots when possible and the risk of a head/eye shot in a dynamic situation, as is
standard for impact munitions
b. When possible, avoiding chest shots with ECDs avoids the controversy about whether
ECDs do or do not affect the Human heart.
c. Close-spread ECD discharges to the front ofthe body are more effective when at least
one probe is in the major muscles ofthe pelvic triangle or thigh region.

Back shots remain the preferred area when practical, preferred target areas in blue.

GO 537.00 — Use ofForce-General 6


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1. An Electronic Control Device as a force option is the same level of force as chemical
spray.
2. Electronic Control Device must be worn on the weak-side in either a weak-hand draw or
cross-draw position.
3. Officers should consider the particular subiect and any vulnerability. These may
include person(s) who are small in stature, very frail, or are in a mental/medical crisis
and are more dramatically impacted; some agencies have been criticized and have
become subiected to litigation for use on pregnant women,the very young and the
elderly, and individuals in mental/medical crisis.
4. Electronic Control Device deployment shall not be considered for the passively resistant
subject. Active resistance or active aggression shall be required. For purposes ofthis general
order, passive and active resistance is defined as follows. Passive resistance is the failure to
comply with an order or directive given in an effort to gain some form of compliance by the
suspect and does not involve any other affirmative physical actions. Active resistance is an
affirmative physical action on the part ofthe suspect with a purpose to overcome an officer's
attempts to detain, arrest, or otherwise physically control a suspect's movement. Such
resistance includes things such as striking, kicking, pushing, holding, and other acts of
physical aggression. Flight may also constitute active resistance.
5. Flight from an officer alone is notjustification for the use of an electronic control device.
An electronic control device may be utilized on a fleeing suspect under the following
circumstances;

a. An ECD may be used to affect an arrest of a fleeing suspect when the


officer has a warrant or probable cause to make an arrest absent a warrant,
with the following considerations:
1) the seriousness ofthe offense
2) the threat the suspect poses to the officer or others
3) the level of resistance offered by the suspect

b. An ECD may be used to affect a stop of a suspect when the officer has
reasonable suspicion to believe that a felony has been committed. An
ECD may also be utilized to affect the stop of a suspect when an officer
has reasonable suspicion to believe that a crime of violence or threats of
violence has been committed against a person.

c. An ECD shall not be used, when only reasonable suspicion exists, to


affect the stop of a suspect when the crime in question is a misdemeanor
non-violent crime.

6. Officers must be trained concerning the ability of an electrical charge to act as an


ignition for combustible materials. (Note: Officers have been seriously injured and or

GO 537.00 — Use ofForce-General 7


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killed after deploying an Electronic Control Device in the presence of open natural gas.
7. Multiple Electronic Control Device deployments against an individual may increase the
likelihood of serious injury where the individual is experiencing other physical distress
such as cocaine intoxication. Policy and training should encourage officers to minimize
the successive number of discharges against such individuals whenever safely possible.
8. The agency recognizes however, particularly where back-up officers are unavailable,
that multiple applications may be necessary to gain or maintain control of a combative
individual.
9. No officer shall deploy a second or additional ECD against a single individual unless
the officer can articulate the reasonableness the second or additional deployment.
10. A contributing factor to serious injury or death is the level of a subject's exhaustion.
Studies recommend that when an officer believes that control of a subject will be
necessary and met with resistance, deployment of the Electronic Control Device should be
considered early on in the event so that the person has not reached a level of exhaustion
prior to the Electronic Control Device's use.
11. In cases where subject is actively resisting an officer's attempt to take them into
custody but not threatening the officer with an assault, it is recommended that the
Electronic Control Device be used in the"push [drive] stun mode." Multiple deployments
in the drive stun mode are prohibited.
12. The preferred targeting is the center mass ofthe subject's back, however it is
recognized that it is not always possible to get behind the subject.
14. Officers who are aware that a female subject is pregnant shall not use the Electronic
Control Device unless deadly force would be justified due to the danger created by the
secondary impact or the possibility of muscle contractions leading to premature birth.
15. Officers are strictly prohibited from using the device as punitive measure.
16. Electronic Control Devices shall not be used against person who is in physical control
of a vehicle, bike, or motor scooter in motion unless deadly force would be justified based
on an existing imminent threat.
17. A warning prior to discharge is preferred but not always necessary for this type of
force to be considered reasonable, model policies as well as courts have noted that giving
a subject, who is assaultive toward the officer, a warning may enhance the danger to the
officer and the subject by giving the subject time to avoid the deployment. See: Draper v.
Reynolds, 369 F.3d 1270(11th Cir. 2004).
18. Officers shall make all efforts to warn other officers that a deployment is about to
occur.
19. The device shall never be used on a handcuffed person to force compliance unless the
subject is actively resistant and control cannot be otherwise accomplished.
20. Officers should consider the location and environment ofthe subject, i.e. is the subject
at the top of a stairwell such that when incapacitated by the Electronic Control Device-
they fall down the stairs causing a collateral injury. Officers shall avoid using Electronic
Control Device in cases where the subject is elevated i.e. roof, fire escape, tree, bridge,

GO 537.00 — Use ofForce-General 8


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stairwell, etc. etc. such that the secondary impact may cause serious injury unless deadly
force would be justified based on an existing imminent threat.
21. Officers should be aware that a subject's heavy clothing may impact the effectiveness
of the electronic control device.
22. Officers should consider whether the subject has been exposed to combustible
elements that may be on their person such as gasoline. The use of an Electronic Control
Device on such persons may cause an ignition and fire.
24. Alternative tactics shall be utilized where the officer has prior information that the
subject suffers from a disability which would increase the danger to that person by using
the Electronic Control Device. For example, a person at the scene tells an officer that the
subject has a heart condition.
25. Deployed probes that have been removed from a suspect should be treated as a bio-
hazard.
26. If on the scene of an incident, EMS assistance may be utilized for the removal of darts
that have penetrated the skin as long as such removal can be accomplished without
causing further injury or pain to the subject. Officers are reminded that immediate medical
attention shall be afforded a subject on whom an ECD has been deployed if the suspect is
injured, showing signs of medical distress, or does not appear to recovering from the
effects of the ECD,or otherwise requests medical attention.
27. All persons who have been the subject of an Electronic Control Device deployment
shall be monitored for a period oftime with a focus on symptoms of physical distress.
Any person, who appears to be having any form of physical distress following the
deployment of an ECD,shall be transported to a medical facility for a medical
examination. It should be noted that studies indicate that persons who suffer from excited
delirium may not be immediately impacted and the onset of difficulty may occur a period
oftime after the police control the event.
28. Mandatory Medical Clearance at Hospital is required in the following instances:
a. Persons struck in a sensitive area- eyes, head, genitals, female breasts, upper chest.
b. Where the probes have penetrated the skin and Officers/EMS cannot safely remove
darts in accordance with this policy.
c. Persons who do not appear to have fully recovered after a ten-minute time limit or
officers who observe unusual physical distress should immediately call for medical
assistance and should not wait the ten-minute recovery period.
d. Persons who fall into one ofthe vulnerable classes such asjuveniles, pregnant
women, persons who are small in stature, persons who officers become aware have a
pre-existing medical condition that increases danger and the elderly.
e. Subject who request medical assistance.
29. Medical clearance will not be required if the person refuses treatment. However, the
jail staff shall be notified of the ECD deployment so that their medical staff has the
opportunity to examine the individual. This notification shall be documented on the arrest

GO 537.00 — Use of Force-General 9


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work sheet and in the IBR and will state that the jail was notified and that the person
refused medical treatment.

30. Documentation:
a. See below for reporting requirements
b. Photographs ofthe area struck by the ECD darts or ECD probes shall be taken.
When the drive-stun method has been used, photographs are extremely important
due to the increased potential for this method to cause scarring.
c. Darts/Cartridges and confetti tags shall be properly stored and maintained as
evidence following a discharge resulting in serious injury or death
d. All ECD deployments and weapon compliance shall be reviewed by the agency
chain of command up to the Chief ofPolice
f. In every instance when an ECD is deployed, internal data from device shall be
maintained and become a part ofthe use offorce reporting file.
F. Chemical Agents
1. Oleoresin-Capsicum Solution(OC spray)
a. The department issues OC spray 10% in 3-ounce aerosol spray canisters. In
addition the Department may use larger canisters of OC spray to control unruly
crowds. The larger canisters of OC spray are under the control ofthe shift
supervisor and can be used to provide officers with an additional option for
gaining compliance in specific arrest or other enforcement actions.
b. Training/Authorization for Use
1. All officers must complete a two-hour course on the use of OC spray
before being authorized to carry or use OC spray. The training curriculum
will be approved and coordinated by the Department Training Supervisor,
and be in compliance with any existing Department of Criminal Justice
Services compulsory minimum training requirements.
2. Members of the Department are required to carry and use only
Department issued OC spray aerosol canisters while on duty and/or in
uniform, unless specifically authorized not to do so by a division
commander.
3. All officers who carry OC spray should make every effort to undergo
bi-yearly refresher training on the use and deployment of OC spray. It
shall be the responsibility of the Department's Training Supervisor to
ensure that refresher training is incorporated into the In-Service Training
curriculum every two years.
c. Use of OC Spray
1. OC spray is an authorized option in the Use of Force Wheel and it shall
be employed in a manner consistent with the provision ofthis directive.

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2. Officers using OC spray, when practical, shall first issue a verbal
warning to the offending subject.
3. Situations where OC spray may be considered an option include, but are
not limited to the following:
a. The officer's mere presence and/or verbal commands are
ineffective and the subject's use of physical force against the
officer or another is probable.
b. The suspect is not under the officer's physical control and the
subject possesses a physical threat to himself/herself, the officer or
others.
4. The OC spray target area shall consist of the facial area with the spray
directed to the eyes.
5. The use of OC spray is no longer justified once a suspect or assailant is
incapacitated or restrained.
6. The use of OC spray shall be consistent with the manufacturer's
specific guidelines.
2. Decontamination Procedures
a.After the control over the subject has been established or the subject's
resistance has ceased the officer shall make a reasonable effort to allow the OC
affected subject relief from the discomfort associated with OC application. The
subject shall be permitted to flush the affected area with water as soon as
possible after the application incident.
Urnmediately after spraying the subject the officer shall be alert to any
indications that the subject may require medical care. Concerned behavior
includes, but is not limited to:
1)Breathing difficulties.
2)Gagging
3)Profuse Sweating
4)Loss of Consciousness
Upon observing the above or other medical problems,the officer shall
immediately summon emergency medical assistance.

d. Pepper-ball Gun (Oleoresin Capsicum Powder Projectile)


1. General
Pepperball Air Guns may be used in a variety of law enforcement
situations that afford the utilization of less-than-lethal force. Operators
can expose subjects to OC pepper dust from extended distances by striking
their bodies or objects in their vicinity with a pepper ball projectile. As
with OC sprays, the OC dust from the ruptured projectile causes

GO 537.00 — Use of Force-General 11


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temporary pain and irritation of the subject's mucous membranes, hence
facilitating an arrest with less resistance and risk ofinjury.
2. Training/Authorization for Use
a)The Division Commanders shall coordinate training with the Firearms
Supervisor to familiarize department supervisors and designated officers
with the operation and deployment of the Pepperball Gun.
i. Only these trained personnel are authorized to operate the gun;
however, the supervisor in charge may designate temporary,
emergency operators at his/her discretion. In such a case, the
supervisor in charge shall submit a memo explaining the
circumstances of deployment through the chain ofcommand to the
Office ofthe Chief ofPolice.
ii. Unit Commanders may request that members in their command
be trained with the Pepperball Gun by submitting a written request
through channels to their Division Commander. If approved, the
request will be forwarded to the Firearms Supervisor for
coordination oftraining.
b)The Firearms Supervisor shall coordinate yearly in-service training and
be responsible for disseminating new training information and
data/analysis from department Pepperball Gun deployments to all
authorized operators.
i. The Firearms Supervisor shall maintain a list of authorized
operators that will be generated following each year's training date
and forwarded to the Division Commanders and the ECC.
ii. The Division Commander shall be responsible for analyzing
manpower and ensuring coverage of patrol shifts by trained
operators at all times.
4. Decontamination Procedures
1) After the control over the subject has been established or the subject's
resistance has ceased the officer shall make a reasonable effort to allow
the OC affected subject relief from the discomfort associated with OC
application. The subject shall be offered medical assistance as soon as
possible after the incident.
2) Immediately after an individual is struck with an OC Pepperball or
indirectly exposed to OC Pepper dust, operators and other officers at the
scene shall be alert to any indications that the subject may require medical
care. Concerned behavior includes, but is not limited to:
i. Breathing difficulties.
ii. Gagging
iii. Profuse Sweating

GO 537.00 — Use of Force-General 12


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iv. Loss of Consciousness
Upon observing the above or other medical problems, the operator shall
immediately summon emergency medical assistance.
d. See below for reporting requirements

G. Chemical Agents - Other


1. General - OC,CS and smoke canisters
OC, CS and smoke agents are used primarily in dealing with unruly crowds and
armed barricaded subjects.
2. Training/Authorization for Using Chemical Agents
a. The use of chemical agents such as OC gas, CS gas and chemical smoke
will be used only at the direction ofthe Field Operations Division
Commander with the approval ofthe Chief ofPolice. Ifthe Field
Operations Division Commander is unavailable, the SWAT Commander is
authorized to approve the use of chemical agents during exigent
circumstances.
b. Chemical agents will only be used or deployed by members ofthe
Department who have been specifically trained in the use and deployment
ofthe specific chemical gas to be used. The Field Operations Division
Commander shall maintain a current list of officers trained in the
deployment of chemical agents.
3. Use of Tear Gas
Tear gas is primarily used after Department negotiations have failed in dealing
with unruly crowds and/or armed barricaded subjects. Under these circumstances,
a departmental command post has been established, an incident commander
appointed, and a unified command structure in place. Thus, any decisions to resort
to this particular instrumentality offorce would have been properly vetted
considering all available tactical options and legal constraints. Absent exigent
circumstances, tear gas shall not be deployed without the express authorization of
the Chief ofPolice or his/her designee. If such an exigency should arise where the
Incident Commander comes to the conclusion that such deployment is necessary
to preserve safety and restore control of a group of individuals that present an
imminent threat of violence, he/she will be responsible for clearly articulating the
basis oftheir decision.
a.Gas Grenades - The Department uses green, red, yellow and blue smoke
grenades.
b.Tear Gas - The Department possesses several different forms of OC and CS
gas hand tossed grenades, as well as gas projectiles that are deployed by a
shotgun or 37mm/40mm shoulder type gun.

GO 537.00 — Use of Force-General 13


07/25/17
c.Tear Gas Guns - are used to fire projectiles to the area of an armed barricaded
subject or unruly crowds when the use of hand tossed grenades would be unsafe
or impractical. The Department has in its arsenal a 37-mm and a 40mm
shoulder type tear gas weapon with a one round capacity and a special 12-gauge
shotgun barrel adapter that enables the shotgun to discharge a tear gas canister.
d.No one shall be authorized to deploy any form of tear gas without having been
properly trained in its deployment.
4. See below for reporting requirements.
H. Impact Weapons
1. Side Handle and ASP Collapsible Batons
The Department equips its officers with the side handle baton and the ASP
collapsible batons (either 21 or 26 inch models) to provide the officer with
additional use of force options to gain the compliance of resistant and/or
aggressive individuals in arrest or other enforcement situations. It is the policy of
the Department that officers use their issued batons in accordance with the
guidelines and procedures set forth in this directive.
a. Training/Authorization in the Use ofthe Baton
1)No member of the Department shall carry or use any baton until he has
been instructed in the use of that baton. Members will not be authorized
to carry or use a baton until they have successfully completed a minimum
eight hours of baton instruction conducted by a certified DCJS Certified
Defensive Tactics Instructor. The eight hours of instruction may be
received during basic entry level law enforcement training at a DCJS local
regional law enforcement training academy or through a Department
DCJS certified defensive tactics instructor.
2)Department Defensive Tactic Instructors shall approve and authorize a
member ofthe Department to be issued a baton.
3) All officers issued a baton shall attend and successfully complete
retraining in the use of their baton bi-yearly as part of the regular In-
Service Training process.
4)No personally owned batons may be carried or used unless specifically
approved by the officer in charge of defensive tactics and authorized by
the Chief ofPolice.
b. Use ofImpact Weapon - Batons
1)Batons are authorized for use as a means to:
i. Maintain physical control or restraint of a subject.
ii. Defend the officer or another person.
iii. Officers should avoid striking any person with a baton in or
about the head, unless use of deadly force is being used against the
officer or multiple persons attack the officer.

GO 537.00 — Use of Force-General 14


07/25/17
2. Accessibility of Impact Weapons - Baton
a. All officers shall have the Department issued police baton accessible while on
regular duty assignments.
b.Uniformed officer shall be required to have the baton accessible when
answering complaints and/or performing enforcement activities.
c.All other officers shall be required to have the baton accessible at the Police
Department
d.Officers involved in approved off-duty law enforcement related employment
shall have the baton accessible when performing the enforcement activity.
3. See below for reporting requirements.

1. Less Than Lethal — Flexible baton "Bean Bag" rounds


1. The department also issues 12 gauge shotguns marked with orange stocks
designating them as "Less Lethal" shotguns. These shotguns will be issued with
shotgun shells loaded with devices commonly known as "Flexible Batons" or
"Bean Bags". These rounds may be employed in the same situations as hand held
batons and the same guidelines shall apply.
2. The Field Operations Division Commander shall ensure supervisors are issued
and trained in the use of the flexible baton "Bean Bag" rounds in coordination
with the department firearms supervisor.
3. These shotguns shall be carried in the supplied soft case and shall be unloaded
at all times. The officer issued the shotgun shall load it as necessary and unload it
when the incident is completed.
4. The supervisors issued these shotguns shall carry no other shotguns shells in
the same carrying case other than the "Flexible Baton" rounds and they shall keep
the shotguns under their control at all times.
5. See below for reporting requirements.

J. Police Canine(K-9)
1. General
The K-9 team has been implemented into the Department for use as a support
component to patrol and investigations and when appropriate shall be called to
assist in ongoing investigations.
2. Canine Bites and Injuries
Use of trained police canines for law enforcement responsibilities constitutes an
actual or implied use of force. As in other use of force cases, officers may only
use that degree of force that is reasonably necessary to apprehend or secure a
suspect as governed by the Department's use offorce policies and applicable laws
considering 1- the severity of the offence, 2- the threat the suspect poses to the

GO 537.00 — Use ofForce-General 15


07/25/17
officer or others, and 3- the suspects level of resistance. In all instances where a
canine is deployed in a tactical situation, an Incident Based Report shall be
completed. Whenever a canine bites an individual, whether or not in the line-of-
duty, the handler shall:
a. Call a supervisor to the scene;
b. Examine the affected area to determine the seriousness of the bite or
injury;
c. Obtain medical treatment for the person—medical personnel should
examine the affected area irrespective of the perceived seriousness of the
bite or injury;
d. Take color photographs of the affected area if possible prior to and
following medical treatment.
3. Suspect Apprehension
a. The canine may be used to apprehend those suspects who have
committed a felony if the suspect flees or resists arrest.
b. The canine will not be used to apprehend a fleeing suspect who has
committed a misdemeanor unless it is a violent misdemeanor and further
danger to the victim or the public is probable. The canine may be used
however, to apprehend a suspect who has committed any crime where the
suspect has been arrested and is actively resisting arrest or fleeing after
resisting an arrest.
c. A warning that the canine will be released shall always be given so
that the suspect has an opportunity to surrender, unless circumstances
dictate it to be tactically unsafe to do so.
)f no other crime is involved, the Canine Team should not be used to
apprehend mentally disturbed person or anyone suspected to be under the
influence of drugs or alcohol.
4. See below for reporting requirements.

L. Distraction Devices
1. General
The Department utilizes a distraction device to aid the SWAT Team with its
special operations. A distraction device upon detonation will emit a high intensity
flash of light and a loud report. The flash and report are intended to be used to
distract and temporarily incapacitate a subject(s) prior to officer entry into a
building or one ofits rooms.
2. Training/Authorization ofthe Use of Distraction Devices
a.Specially trained members ofthe SWAT team shall only use distraction
devices.

GO 537.00 — Use of Force-Genera( 16


07/25/17
b.Distraction devices shall not be ordered without prior authorization from the
Chief of Police and when approved its purchase shall be coordinated by the
SWAT team commanding officer.
c.Distraction devices shall not be deployed without prior authorization from the
Chief ofPolice or his/her designee

K. Firearms
Officers of the Charlottesville Police Department are authorized to use only the
amount of force that they believe is reasonable to protect themselves and others
from bodily harm. Officers are restricted from using deadly force against anyone,
including a fleeing felon, except under the following conditions:
1. Protection of the officer's life from imminent threat of serious bodily harm or
death.
2. Protection of the life of another person from imminent threat of serious bodily
harm or death.
3. To prevent the escape of a person who has committed a violent felony when
the officer has probable cause to believe that the person poses an imminent danger
of death or serious physical injury to the officer or another.
1. Issuance and Authorization ofFirearms
a. No officer will be authorized to use or carry a firearm until that officer
is issued a copy of both the Use of Force — General and Use of Force —
Firearms directives and is instructed on the contents contained therein.
b. No officer shall be authorized to carry any firearm until the officer has
achieved proficiency with the weapon and accomplished a qualifying
score under the supervision of a certified DCJS Firearms Instructor.
2. Prohibited Use of Firearms
a. Officers will not use their firearms to discharge warning shots.
b. Officer shall not jeopardize the safety of innocent by standers by firing
into a crowd.
c. Officers shall not discharge their firearm to affect the arrest or prevent
the escape of a person who has committed a misdemeanor offense.
3. Police Involved Shootings
The following procedure shall be followed in the event of a police involved
shooting, except for the authorized destruction of an animal.
a. It shall be the responsibility of the on-duty shift commander to
immediately notify the Chief of Police or the next in command on the
emergency command list of all instances of any shooting that has occurred
in the City of Charlottesville by any sworn officer of this Department or
any sworn officer of another jurisdiction.

GO 537.00 — Use ofForce-General 17


07/25/17
b. The Commander of the Investigations Bureau or his/her designee will
be responsible for conducting the criminal investigation of the shooting
and filing a complete report with the Chief of Police at the completion of
the investigation.
c. The Commander of the Investigations Bureau shall also ensure the
prompt notification ofthe Commonwealth's Attorney or his designee.
d. When an officer is involved in an incident that results in the shooting of
an individual by that officer the next highest ranking supervisor shall take
possession of the weapon(s) discharged in the incident and submit the
weapon(s) to the Forensic Unit as evidence. Additional firearms the
officer may have had on his person during the incident shall also be
secured and submitted as evidence. Unless circumstances dictate
otherwise, the involved officer shall be issued a replacement weapon as
soon as is practical and shall not be unescorted or otherwise left alone
while unarmed and exposed to the public.
e. The officer shall also be segregated and removed from the scene to a
secure area as soon as practical. A supervisor will remain in the company
of the involved officer until relieved by the Appropriate Division
Commander Officer Field Operations Division or the Chief ofPolice.
f. In the event that the use of force results in death or serious physical
injury to any person, the officer involved in using such force shall be
placed on (paid) administrative leave until the conclusion of the
investigation or otherwise determined by the Chief ofPolice.
g. The Field Operations Division Commander or her designee shall be
responsible for activating the Critical Incident Debriefing procedure, if
appropriate.
h. The Field Operations Division Commander shall ensure the officer is
scheduled for a urinalysis within 24hrs.
4. Unintentional Discharge of a Firearm
a. Any officer who unintentionally discharges a weapon,( (except while
on the firing line during departmental sanctioned firearms qualification or
practice)}shall immediately notify their supervisor who will in turn notify
the appropriate Division Commander.
b. It shall be the responsibility of the Division Commander of their
designee to notify the ChiefofPolice.
c. A supervisor shall respond to the location where the unintentional
discharge took place and conduct a preliminary investigation to determine
the circumstances which led to the discharge as well determine the reason
for the discharge to the extent possible from the evidence on the scene and
the statement by the involved officer or others present at the time.

GO 537.00 — Use of Force-General 18


07/25/17
d. In the event the incident occurs in another jurisdiction, that jurisdiction
shall be notified and conduct whatever investigation they deem
appropriate based on the circumstances presented for their consideration.
Provided no one is injured as a result of the discharge, the officer's
weapon and the extracted casing shall be secured and forwarded to the
departmental armorer for examination. In the event an injury occurred, the
weapon and the extracted shell casing shall be handled in accordance with
appropriate evidence processing procedures related to criminal
investigations as determined by Forensic personnel on the scene or
otherwise consulted.
e. Once it has been determined that the investigation of the discharge will
be limited to administrative review, a digital recorded statement of the
officer's account shall be secured by the investigating supervisor and the
officer shall be directed to prepare a written report. The officer's written
report shall state all circumstances surrounding the incident.
f. In the event the investigation is deemed criminal at the onset, the
involved officer shall be afforded any and all procedural safeguards that
attach during the course of a criminal investigation. A compelled
statement from the involved officer shall not take place without the
express direction of the Chief of Police and after the administration of the
appropriate Garrity admonishment.
g. Upon completion of the supervisor's investigation, which may include
taking of statements from others with knowledge of the incident, the
investigating supervisor shall prepare a report of his/her findings and
recommendations for review by the Chief ofPolice.
h. If the facts of the incident support a conclusion that the unintentionally
discharged round was a result of negligence the officer discharging the
round may be subject to repeat firearms certification training, or may
receive other discipline or remedial action as determined by the Chief of
Police.
i. With regard to unintentional discharges on the firing-line during
firearms training, the following procedure shall be followed. When the
firearms instructor on the scene does not deem the discharge to have
resulted from it to be human error, the officer's weapon is to be
immediately inspected for malfunction and sent to the departmental
armorer for further inspection. All such discharges are to be documented
and forwarded to the appropriate division commander.
5. See below for reporting requirements.

V. Use ofForce Reporting Requirements


A. Officers shall complete a USE OF FORCE REPORT to document all use of
force incidents involving any ofthe following circumstances:

GO 537.00 — Use of Force-General 19


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1. When the use offorce results in death' or any personal injury or
complaint of personal injury to a bystander, officer or suspect.
2. When the use offorce results in property damage.
3. Where the use of force is either OC spray, ECD, chemical riot agents in
form of OC or CS gas, smoke grenades, police canine, baton(s), less-lethal
projectiles, Distraction Devices or the discharging of firearms (except
when qualification/practice or the destruction of an animal).
4. Where the physical force applied involves hitting, slapping, or striking
an individual.
5. Where the use of force results in a vehicle pursuit that consisted of a
maneuver of physically stopping the pursued vehicle,(i.e. stop sticks, road
block, accident, etc.).(Ref. Sec. 541.25)
6. Where the force used involved a weapon not specifically mentioned in
the departmental Use of Force Policy.
B. Completion of the Initial Use of Force Report
1. Officers will immediately notify their shift supervisor of any use of
force mentioned in this directive, whether or not an arrest was made.
2. In addition to the Incident Report, a USE OF FORCE REPORT will be
submitted by the officer to the shift supervisor and both shall include the
following elements:
a. A complete and thorough description of the incident, and the
facts and circumstances that led to the use of force,
b. The severity of the offense suspected,
c. How the subject posed an immediate threat to the officer or
others,
d. How the subject was actively resisting arrest or attempting to
escapee, and
e. A complete description of any injuries sustained and medical
services rendered.

C. Supervisory Review and Documentation


1. The immediate supervisor receiving notification as to the use of force
shall immediately respond to the scene, ensure the safety and well-being
of the involved officer (s) and suspect (s) and begin an investigation to

'A use of force investigation which results in death or serious bodily injury will begin as a criminal investigation
during which time a designated supervisor will prepare a preliminary use of force report.. The involved officer shall
be afforded the appropriate procedural safeguards due someone who has become the focus of a criminal
investigation. A compelled statement, oral or written, shall not. Like place until such time as authorized by the Chief
of Police and after the administration of the appropriate admonislmient.
Graliam v. Comior. 490 U.S. 386(1990)

GO 537.00 — Use of Force-General 20


07/25/17
determine whether the officer's use of force was consistent with
departmental policy, training, and law.
2. In the event the subject on whom force was used invokes his right to
counsel prior to being interviewed by the supervisor authorized to conduct
the administrative investigation, the investigating supervisor shall refrain
from obtaining a statement until he or she consults with the
Commonwealth's Attorney.
3. The supervisor shall prepare a SUPERVISOR'S REVIEW FORM —
USE OF FORCE summarizing his/her findings. This report shall include
the following elements:
a. Time supervisor responded,
b. Steps taken to secure the scene, officer and suspect,
c. Witnesses identified and interviewed including recorded
statements,
d. Summary of alleged injuries and injury/scene photographed,
e. Suspect's interview and recorded statements,
f. Receipt of release of medical information from suspect,
g. Description ofinjuries of suspect and/or officer and medical
treatment provided,
h. Retrieval of relevant MVR images, dispatch tapes, or MDC data
4. The supervisor will sign and date the USE OF FORCE REPORT, attach
the supervisor's Use of Force review sheet, copies of any related incident
reports, witness summaries or any other pertinent information, and submit
it through the chain of command to the Chief of Police within .seven
calendar days. It shall be the responsibility of the appropriate Division
Commander to notify the Deputy Chief of Police, who will notify the
Chief of Police of any use of force incident which results in serious injury
to a citizen or an officer as soon as practical, but in any event within 24
hours from the occurrence of the incident. In the case of officer involved
shootings and deaths resulting from a use of force, such notification shall
be immediate or at such time when it is operationally safe and feasible to
do so.
5. A superior officer shall review the report and attachments for
completeness and policy compliance, sign and date the SUPERVISOR'S
REVIEW FORM — USE OF FORCE,indicate whether it was approved or
disapproved and forward the entire packet to the next level in the chain of
command. In doing so, the reviewing supervisors shall consider relevant
training, policy, and law pertaining to the use of force administered by the
officer.

GO 537.00 — Use of Force-Genera( 21


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6. The SUPERVISOR'S REVIEW FORM — USE OF FORCE and all
attachments shall be considered part of an active investigation, and where
appropriate, the personnel record of the reporting officer(s).
a. The documents shall be handled with the utmost confidentiality
and will not be filed with Management Services Bureau. The
confidential material will not be discussed with or delivered to
anyone other than those persons named in this directive without
prior authorization by the Chief ofPolice.
b. Supplemental or follow-up information derived from the
supervisor's investigation will be documented in memo form and
included in the Use of Force investigation packet.
c. If the Department receives a formal citizen complaint on a use of
force issue, which will require an internal investigation by the
Internal Affairs Investigator, the officer(s) involved in the use of
force incident may receive a copy of the SUPERVISOR'S
REVIEW FORM — USE OF FORCE and any supplemental
attachments.
D. Filing and Disposition of Use of Force Documentation
1. When a use offorce incident has completed its review process, the USE
OF FORCE REPORT, SUPERVISOR'S REVIEW FORM — USE OF
FORCE and all investigative attachments shall be forwarded to the
Professional Standard Unit — Internal Affairs Lieutenant for filing.
2. The Internal Affairs Lieutenant shall be responsible for ensuring that all
documentation relating to Departmental use offorce incidents are properly
stored and expunged where appropriate.
3. Department Weapon Compliance Form CPD-925, shall be completed
after an incident in which an officer warns and physically displays a
weapon (baton, OC,taser, police canine, and firearm)to be used against
an individual but gains compliance from the suspect without having to
deploy said weapon. Deployment of weapons not threatened for use
against a subject e.g. building searches does not require a department
weapon compliance form.

GO 537.00 — Use of Force-Genera( 22


07/25/17
CHARLOTTESVILLE POLICE DEPARTMENT
Note: This directive is for internal use only and does not enlarge an officer's liability in any way. It
should not be construed as the creation of a higher standard of safety or care in an evidentiary sense
with respect to third party claims. Violations of this directive, if proven, can only form the basis of a
complaint by the Charlottesville Police Department and then only in a nonjudicial administrative
setting.

GENERAL ORDER Number: 14 1 -00


Subject: CIVIL DISTURBANCE AND UNREST
MOBILIZATION PLANS Date: February 1, 2017

VLEPSC Number: OPR.05.02, OPR.05.03 Manual Number: 538.15


Amends: 06/14/00, 11/13/2008 Effective Date: 02/01/2017

Authorization: Chief A.S. Thomas Ay Follow-up Date: As Needed

I. POLICY

A civil disturbance may take various forms and may vary in size and amount of danger
and violence. Civil disturbances include riots, disorders, and violence arising from
dissident gatherings, sports events, concerts, political gatherings, labor disputes, and
student party events. The primary importance in any civil disturbance is police
intervention to defuse the situation and restore order. It is the policy ofthe Charlottesville
Police Department to be able to respond with trained police officers to any civil
disturbance for the purpose of isolating the situation and bringing it under control.

II. PURPOSE
The purpose of this order is to establish procedures for the Charlottesville Police
Department's response to civil disturbances, mass arrests, and the rapid mobilization of
Department personnel for these events and other emergency situations.

III. DEFINITIONS
A. Riot Control Team - The Department staffs and equips Riot Control Team, which
is specially trained and utilizes the Field Force concept for riot and civil disturbance
control. Their equipment is maintained by the Field Operations Commander and is
inspected at least semi-annually.
B. Riot - Any unlawful use, by three or more persons acting together, of force or
violence, which seriously jeopardizes the public safety, peace, or order.
C. Unlawful Assembly - Three or more persons assembled who share the common intent
to advance some lawful or unlawful purpose by the commission of an act or acts of
unlawful force or violence likely to seriously jeopardize public safety, peace or order,
and the assembly tends to induce fear, in those of ordinary courage, of serious and
immediate breaches of public safety, peace, or order.
D. ECC - Emergency Communications Center and respective personnel.
GO 538.15 — Response to Civil Disturbance, ACRJ, Mass Arrest, etc. 1
Revised: 11/13/08
IV. PROCEDURES
A. RESPONSE TO SITUATIONS OF JAIL UNREST
1. The Albemarle-Charlottesville Regional Jail(ACRJ)is not in the Charlottesville
Police Department's jurisdiction and is a Jail Authority. Therefore, Department
officers will not take action inside the jail to restore order.
2. In the event of an Albemarle County Police Department request for emergency
mutual aid assistance to a situation ofjail unrest, the Patrol Bureau Shift
Commander shall immediately assign a patrol supervisor or a designee to respond
to the established ACRJ command post.
a) The assigned member shall report to the ACRJ Command Post to serve as a
Department liaison
b) Maintain communication with the Patrol Bureau Shift Commander
c) Provide information for evaluating the emergency circumstances that are
necessary to address the mutual aid assistance requested within the scope of
the Department's resources.
3. The Shift Commander shall:
a) determine the Department mutual aid assistance requested through an
evaluation of the information received from the ACRD command post
b) respond within the scope ofthe Department's resources, and
c) notify the Field Operations Division Commander on the circumstances and
status ofthe mutual aid request.
4. The Department member who acted as liaison to the ACRJ command post, upon
completion ofthe emergency mutual aid request, shall forward a written summary
report ofthe incident, through channels, to the Chief ofPolice. The written report
should briefly document an overview ofthe mutual aid incident and include the
time period covering the Department's assistance, number of Department officers
involved,,any injury to Department member, damage to Department vehicle or
property, expenses incurred, e.g. overtime, etc.
B. RESPONSE TO CIVIL DISTURBANCE
1. Duties of First Officers on Scene
a) The first officers on the scene shall observe the situation from a safe distance
and determine if the crowd or assembly is peaceful or potentially violent.
b) Emergency Communications Officer shall be notified concerning the
seriousness of the situation and a shift supervisor will be notified.
c) Try to identify, by observation, the leader of the group and any other
intelligence necessary to plan a response.
2. Initial Duties of Scene Supervisor

GO 538.15 — Response to Civil Disturbance, ACRJ, Mass Arrest, etc. 2


Revised: 11/13/08
Upon arrival at the scene, the supervisor will assume command until relieved by
the Shift Commander or higher authority. The supervisor's duties and
responsibilities shall include:
a) Assessing the disturbance for seriousness and potential danger. If the situation
is minor in nature, it may be handled with existing resources.
b) Maintaining communications with the Emergency Communications Center
ECC personnel providing such information as:
(1) Estimated size of the crowd and area involved.
(2) Any weapons involved.
(3) Any property destruction.
(4) Gauging the mood ofthe crowd.
c) Establishing a command post, utilizing police vehicle and radio.
d) Deciding on number of personnel and equipment needed. If the police
department's mobilization plan is initiated, the shift commander will
determine the assembly point and the proper uniform and equipment to be
worn.
e) Instruct ECC to make proper notifications to include:
(1) Fire Department- to stand by in general area.
(2) Rescue Squad stand by.
(3) Area Emergency Rooms in the event of mass injuries.
(4) News Media for Public Alerts and Information.
(5) Post officers to direct traffic and public away from danger area
(6) Begin Emergency Mobilization Plan procedures, to include SWAT and
Riot Control Team.
3. Once these emergency notifications have been made, the shift supervisor will
contact the following:
a) Field Operations Commander
b) Criminal Investigations Division Commander
c) Support Services Division Commander
d) Deputy Chief ofPolice
e) Chief ofPolice
f) City Manager
g) Commonwealth Attorney for legal advice and advice on confinement of
prisoners.
h) Ethnic or Civic Group Leaders that may be of assistance.
i) Notify Magistrate's office regarding potential for mass arrests.
GO 538.15 — Response to Civil Disturbance, ACRJ, Mass Arrest, etc.
Revised: 11/13/08
j) Plans should be made for the relief of officers for food, water, and sanitation
at reasonable intervals.
4. The Chief of Police, or his designee, will be responsible for the notification of
additional law enforcement officers from area jurisdictions, as well as the Virginia
State Police in the event of a major riot or other emergency that overtaxes our
Department resources. The State Police Superintendent, along with the Chief of
Police, or his designee, may also request Virginia National Guard assistance if
necessary.
5. Duties ofEmergency Communications Center
When a riot or other civil emergency arises, the Communications Officer will:
a) Make appropriate notifications requested by the on-scene supervisor.
Department Members notified under the mobilization plan will be told when
and where to report and what equipment will be needed. Officers on the Riot
Control Squad will meet at a location designated by the Field Operations
Commander,or his designee, to receive their equipment and briefing.
b) Make news media referrals as outlined in the Department General Order 59-
99(Media Relations). Referrals will be made to the police department
c) Inquiries regarding any casualties will be referred to the Public Information
Officer and/or the appropriate hospital.
6. Operations Activities
Once appropriate and adequate personnel are in place, the ranking supervisor or
his designee will approach the crowd and inform the leader or leaders that the
assembly is unlawful and that they have to disperse. If the crowd is violent, this
may be done through the use of a bullhorn or public address system in a police
vehicle. No officer below the rank of Sergeant will be permitted on their own to
declare an unlawful assembly.
a) A time limit for dispersal should be established and no extensions allowed
b) If the crowd fails to disperse and continues its activity, the incident
commander will:
(1) Instruct the Riot Control Team,or other assembled officers, to use tear gas
and/or appropriate force.
(2) Instruct the Riot Control Team, or other assembled officers, to form police
lines or field formations to move into the crowd for control.
(3) If the crowd consists of peaceful demonstrators such as sit-down
protesters, officers shall use only verbal commands, simple hands-on
escort, or carrying to arrest or remove these protesters. No pain
compliance instruments or chemical agents will be used on this type of
crowd, as long as they remain passive and non-violent.
7. Transportation

GO 538.15 — Response to Civil Disturbance, ACRJ, Mass Arrest, etc. 4


Revised: 11/13/08
All Department vehicles will be available for transportation of officers and
equipment to the scene. All Department vehicles except motorcycles and the
Canine Officer vehicle will be utilized to transport prisoners from the scene. In
extreme circumstances, City buses may be utilized if authorized by the City
Manager or his designee.
8. Public Facility Security
Attempts will be made to provide security to all public facilities threatened by the
unrest to include:
a) Fire/Rescue/Hospital buildings and access to these.
b) Government buildings and schools.
c) Utilities and associated equipment required for their operation.
9. Public Information and "Rumor Control"
The Chief of Police, or his designee, will detail an officer to respond to
appropriate news media requests as outlined in the Department General Order 59-
99 in order to keep the public informed and to dispel rumors.
10. DE-ESCALATION PROCEDURES
Once the disturbance has been brought under control and the situation has
returned to normal , the ranking supervisor will begin de-escalation procedures to
include the following:
a) Disengage officers as appropriate:
(1) On-duty officers will complete their remaining tour of duty.
(2) Mobilized officers released from duty will return all issued emergency
equipment as directed.
b) Assign officers to remain in the area to prevent recurrence oftrouble.
c) Discontinue the command post. Relieve associated personnel.
d) Ensure all Department equipment is collected.
e) Assign officers to assist with remaining prisoners.
11. POST-OCCURRENCE DUTIES/AFTER-ACTION REPORTS
The incident commander will perform the following duties:
a) Prepare a detailed report providing all factual information about the incident
to the Chief of Police and the City Manager, along with any appropriate
recommendations.
b) Provide factual information to the news media.
c) Contact the Forensic Unit supervisor for evidence collection at the scene if
necessary. Also photographic and video documentation of scene.
C. MASS ARREST PROCEDURES

GO 538.15 — Response to Civil Disturbance, ACRJ, Mass Arrest, etc. 5


Revised: 11/13/08
1. During the course of a civil disturbance, mass arrests may become a reality and
must be handled quickly and efficiently, providing for transportation to the jail,
related reports prisoner rights, etc.
Arrested persons will be removed from the disturbance area and taken to a place
for initial booking and charges. The magistrate will be at this location. The
location will be determined when the number of people arrested is established.
Locations for booking may include by not limited to: the Charlottesville Police
Department, the magistrate's office, the ACRJ , and the Virginia National Guard
Armory. Arrest team duties will include:
a) Photographing the prisoner with the arresting officer using a camera. Arrest
and identification information will be recorded on the back of the photo.
b) Arrangements will then be made to transport the prisoners to the Albemarle-
Charlottesville Jail for formal processing and arrest reporting. The Virginia
National Guard armory on Avon Street Extended will be used for overflow by
ACRJ authorities.
c) Arrested persons who are injured will be offered medical treatment before
booking begins if necessary.
d) Arrested persons will be allowed to contact legal counsel at the conclusion of
booking if requested.
e) Juveniles arrested will be handled in accordance with Department General
Order Number 107-00.
f) The Commonwealth Attorney, or designee, may be at the booking location to
give legal advice on booking and confinement.
g) The Albemarle-Charlottesville Regional Jail will be responsible for food,
water, and sanitation needs for the prisoners.
D. EMERGENCY MOBILIZATION PLAN
1. The Department's Emergency Mobilization Plan (EMT) provides for a planned
response in the event of occurrences where additional staffing may be required.
This plan includes provisions for the following:
a) Communications.
b) Alert Stages(see below).
c) Primary and Alternate Assembly Areas.
d) Equipment Distribution.
e) Special Force Activation.
f) Key Personnel Designations.
g) Transportation Requirements.
h) Management Control Measures.
i) Rehearsals.
GO 538.15 — Response to Civil Disturbance, ACRJ, Mass Arrest, etc. 6
Revised: 11/13/08
2. For the purposes of the EMP, there are three stages of alert activation. It will be
the responsibility of the on-duty shift commander to implement the EMT. In the
event that the shift commander is unable to perform this duty, the responsibility
will fall to the next ranking supervisor on duty at the time of the emergency. The
alert stages are as follows:
a) Alert Stage One — Potential threat situation. In this situation, the on-duty shift
commander is faced with a potential emergency that requires the on-duty
patrol personnel and support personnel be held over.
b) Alert Stage Two — This is a situation that requires more personnel than are on
duty at the time of the emergency. In such an event, the on-duty shift
commander or other ranking supervisor will notify the ECC by the quickest
and most accessible means, in order to begin the EMP. If the ECC is not
operational due to disaster or other calamity, the supervisor, or his designee,
will institute the EMP by any means readily accessible. This alert may require
any or all Department members to respond, including command staff, officers,
community service officers, and all other support staff.
c) Alert Stage Three — This is a situation that cannot be handled by the
Department alone and will require the implementation of mutual aid.
3. In the event the EMP needs to be activated, the ECC or shift supervisor will notify
the following command staff in sequence until one is located:
a) Field Operations Commander
b) Criminal Investigations Division
c) Support Services Division Commander
d) Deputy Chief ofPolice
e) Chief ofPolice
Note: It shall be the responsibility of the Management Services Supervisor to provide, on a
monthly basis, a current updated personnel roster of the Department. A current copy is
maintained 24 hours a day in the ECC, the shift commander's office, and Management
Services. Each supervisor shall also maintain a current list of phone numbers and addresses
of their direct subordinates.
4. The ECC or the shift supervisor shall notify the following personnel as needed:
a) Holding over the on-duty shift.
b) Staff, Administrative, and Investigative officers.
c) Next shift due to work.
d) Recalling shiftjust relieved prior to emergency.
5. The ECC or shift commander will notify each commander ofthe patrol shift to be
called out as well as the commanders of additional needed personnel. These
commanders will be advised of the situation, time and place to report, and any
required special uniform and equipment. The called commanders will, in turn,
notify the officers and supervisors of their shift. The called shift commander will
GO 538.15 — Response to Civil Disturbance, ACRJ, Mass Arrest, etc. 7
Revised: 11/13/08
ensure that all mobilized personnel are in proper mental and physical condition to
perform their duty and properly equipped.
6. Some special operations are planned in advance, or an emergency situation may
be foreseen, such as an impending serious storm. Additional personnel required
will be given advance notice and placed on stand-by status. The affected
personnel will be required to maintain contact with the Department via phone and
be ready for rapid response. Stand-by status may also be issued during an ongoing
emergency in order to have a ready force to respond in the event of incident
escalation.
7. The incident commander will assign mobilized personnel as required, utilizing the
skills, training, knowledge, and abilities of these personnel as needed. Mobilized
shift commanders will be prepared to make assignment recommendations or to
deploy their personnel as directed by the incident commander.
8. The primary assembly area will be the Department headquarters building unless
disaster or other calamity prevents. The on-scene commander will determine
alternate assembly points as needed.
9. Responsibility of the on- scene supervisor will include, but is not limited to:
a) Establishment of a Command Post.
b) Establishment of an Assembly and/or Staging Area.
c) A perimeter with designated points for entrance and exit.
10. The on-scene shift commander or supervisor will remain in command until
relieved by the Field Operations Commander, the Deputy Chief of Police, or
Chief of Police or his designee. The incident commander will determine what
further equipment or manpower may be required, based on their analysis of the
situation. Special Units will be activated in accordance with Departmental
guidelines.
a) Equipment not readily available will require the Chief Financial Officer
and/or the Quartermaster to respond to headquarters to issue such equipment
from the Department's supply room. In the event that specialized equipment is
not owned by the Department, mutual aid will be requested by the Chief of
Police, or his designee, for the equipment needed. This may require local,
state or federal agency support.
b) The Support Services Division commander will also be responsible for the
food, water, and sanitation needs ofthe mobilized officers and staff, in concert
with the incident commander. Personnel directed by the Field Operations
Commander, Criminal Investigations Commander, Support Services Division
Commander, Deputy Chief of Police, Chief of Police, or their designee may
be required to purchase needed supplies or food with Department credit cards.
The receipts shall be submitted to the Office of the Chief of Police in a timely
manner after de-mobilization.

GO 538.15 — Response to Civil Disturbance, ACRJ, Mass Arrest, etc. 8


Revised: 11/13/08
c) All Department vehicles will be used as needed. All other City vehicles may
be used as a resource to include, but not limited to, trucks, buses, and heavy
construction equipment.
11. A copy of this directive shall be readily available to all personnel. In addition,
copies of this plan shall be specifically located in the Shift Commanders' Office,
Shift Supervisors' Office and Information and Management Services. The
emergency plans shall be reviewed and updated as required
It is most difficult, if not impossible, to write an EMP that would cover every
possible scenario. Therefore, all members of the Department will, of necessity,
need to exercise their individual intelligence, initiative, and discretion in the event
of extraordinary circumstances.
12. Emergency Equipment designated for use in any of the unusual occurrence
situations that are outlined in this directive shall be kept in operational readiness
and inspected for operational readiness at least semi-annually.
E. Location of Department Emergency Plans and Inspection ofEquipment
1. Department Emergency Operational Plans shall be kept in highly identifiable ring
binders, which shall be located, visible and accessible at the following locations:
a) Field Operations Division Commander's Office
b) Shift Commander's Office
c) Shift Supervisors' Office
2. The Field Operations Division Commander shall designate, as needed, a
supervisor to review and recommend updates of all Emergency Operational Plans.
3. Field Operations Division Commander shall designate a member of the Patrol
Bureau to inspect, on a semi-annual basis, any equipment that is used in
responding to and/or handling unusual occurrences. The Department member
assigned to perform the equipment inspection shall forward a brief report on the
results of the inspection, through the Field Operations Division Commander, to
the Deputy Chief ofPolice.

GO 538.15 — Response to Civil Disturbance, ACRJ, Mass Arrest, etc. 9


Revised: 11/13/08
PEACE OTFICERS, and the
>MFX FIRST AMENDMENT
Why it Matters:
• Tlic First Amendmentto the Constitution guarantees the rights of Free Speech and
Peaceful Assembly to all citizens of the United States.
• As such, citizens always have the freedom to express themselves and their ideas.
• As a Police Officer, your first and foremost responsibility is to protect and serve thosc
citizens, ensuring they are secure in those rights.
Before Taking Action, Ask Yourself:
✓ Is the citizen threatening immediate violence towards you or others?
✓ Is the citizen inciting, or likely to incite, imminentlawless action?
_
✓ Is the citizen interfering with the normal ction ofsociety?
If Not Their actions are protected by the Constitution.
They should Not Be Arrested!
SERVE
TAKE PRIDE IN PROTE(7TING THE RIGHTS OF THOSE YOU
2011 BY F RU ERFORD M 1-L
First Amendment Mission and Values
Freedom of Speech
Freedom of Assembly
Disorderly Conduct
Imminent La esIv ~ c Action

0 2011 BYTHE RMUERFORD INSTM.-I-L


RESPASS. S
HOME I INDEX
Public sidewalks and streets are traditional public forums, where
protections for speech are very broad. In most cases, they should not be arrested.
Before asking a demonstrator to move or arresting that citizen for trespassing, be sure dmt:
• The demonstrator is not on a public sidewalk, street, park, or other public property open
to pedestrian traffic and free demonstration.
s
• The property on which the demonstration is taking place is not a public easement.
■ Public easements across private property are common,and speech is protected on
this property.
119
• The individual has been made aware that he or she is trespassing.
The demonstrator is not trespassing it' lie or she:
• Has permission from the property owner for the activity
• Is on a public easement across private property, or on a public sidewalk, street, or other
public area open for speech
■ This includes sidewalks adjacent to or abutting private or nonpublic property.8
However, demonstrators may be subject to reasonable time, place, and manner restrictions.

TAKE PR 1`D- 1 1 R( f fa~.


.7
11N 'F1 L RI(go11`1 F FIJOsh N .:

c~Y. R
"It is the mission ofthe Charlottesville Police
Department to serve, protect, and improve the quality
oflife for those who reside, work, and visit in our
community."

Values ofthe Department:


• 'Ihe community it serves determines the role of the police."
• "The highest moral and ethical standards are the cornerstone of the agency."
• "The agency must seek to collaborate with neighborhoods to better understand
the nature of local problems."

You are a Peace Officer. Citizens hold you to a higher standard.4


Meet their expectations each and every day on the job.

INN THE RIGHTS OF THOSE Y 'SERVE


tt T

2011 BY THE RL UERFORD M 1-L


HATISK

Lawsuits resulting from the wrongful arrest of individuals exercising their First Amendment
nights to Free Speech and Free Assembly are more common today than ever before. These
cases tarnish the records of good police officers and respected police departments.

These lawsuits, like the wrongful arrests that cause them, can and should be prevented.

But the reputation of police officers is not the only thing at risk. Supreme CourtJustice
William Brennan wrote:
"The freedom ofindividuals verbally to oppose or challenge police action without
thereby risking arrest is one of the principal characteristics by which we distinguish a

Free Nation Ii-om a Police State."`5

As Peace Officers, it falls to you to preserve and defend these inalienable rights of all
~mericans and ensure that citizens are always free to express their beliefs and ideals.

TM~F X,lt 4 11,1' *~


1.4

c~Y. R
MMM
IRGINU CODE
HOME I INDEX I SPEECH I ASSEMBLY I DISORDERLY CONDUCT

IMMINFNT IA-kNq ESS ACTION I FIGI-I'I`ING WORDS I TRESPASS I MEE-nN


S 18.2-405 1 Any unlawful use, by three or more persons acting together, offorce or violence which
seriously jeopardizes the public safety, peace or order is riot. Every person convicted of participating ill any
riot shall be guilty of a Class 1 misdemeanor. If such person carried, at the time of such riot, any firearm of
other deadly or dangerous weapon, he shall be guilty of a Class 5 felony.
§ 18.2407 1 Every person, except the owner or lessee of the premises, his family and nonrioting guests,
and public officers and persons assisting them, who remains at the place of any not or unlawful assembly
after having been lawfully warned to disperse, shall be guilty of a Class 3 misdemeanor.
S 18.2408 Any person who conspires with others to cause or produce a riot, or directs, incites, or
solicits other persons',vvho participate in a riot to acts of force or violence, shall be guilty of a Class 5 felon`-.
§ 18.2-415. 1 A person is guilty of disorderly conduct if, with the intent to cause public inconvenience,
annoyance or alarm, or recklessly creating a risk thereof, he: In any street, highway, public building, or
while in or on a public conveyance, or public place engages in conduct having a direct tendency to cause
acts of violence by the person or persons at whom,individually, such conduct is directed
§ 18.2-119. 1 If any person without authority of law goes upon or remains upon the lands, buildings or
premises of another, or any portion or area thereof, after having been forbidden to do so, either orally or it
writing...or after having been forbidden to do so by a sign or signs posted by or at the direction of such
persons or the agent of any such person or by the holder of any easement or other right-of-way ... he shall
be guilty of a Class 1 misdemeanor.

TAI~E *". .E 1 E XI
, 41 -l'
EMM c~Y. R
HOME I INDEX I SPEECH I ASSEMBLY I DISORDERLY CONDUCT

NMNENT LANNTUSS ACTION I FIGI-I'I`ING WORDS I TMPASS I MEETING


1. Texas v.,johnson:(1989) 1 The decision of the Supreme Court invalidated prohibitions on desecrating the
American flag that were enforced in 48 of the 50 states. The Court found that burning the flag was a form
of constitutionally-protected free speech.
2. Chapbnsky v NewHampshure.(1942) 1 The Court recognized the limits of Free Speech in the case of
"fighting words," upholding the arrest of a man who verbally attacked a marshal, shouting:"You are a God
damned racketeer" and "a damned Fascist." This set the precedent for carefully crafted controls over
certain categories of speech that do not violate the protections of the First Amendment.
3. Brandenburg'v. Ohio:(1969) 1 Clarence Brandenburg, a Ku Klux Klan leader in rural Ohio, was arrested
fined, and sentenced to prison for inflammatory speech at a KKK rally. The Supreme Court reversed his
conviction, finding that the government cannot punish abstract advocacy offorce or law violation. This
finding outlined the "Imminent Lawless Action" test.
4. Lewis v. CityofNew Orleans:(1974) 1 The Supreme Court overturned a Louisiana statute making it
unlawful "for any person wantonly to curse or revile or to use obscene or opprobrious language toward or
with reference to" any city police officer serving in the line of duty..." The Court ruled that police officers
could be expected to "exercise a higher degree of restraint" than the average citizen, and thus be less likely
to respond belligerently to "fighting words."'
5. City ofHouston v. HE-(1987) 1 Ruled a city ordinance prohibiting speech that "in any manner"
interrupts a police officer in the performance of his duties" was fundamentally unconstitutional.

TAM~:
k
1 1 : 1 1.J,-T-N( 111L RIGS ~1 F 111 sh A S[~'IR`
"T R
EMM
HOME I INDEX I SPEECH I ASSEMBLY I DISORDERLY CONDUCT
EM II.NENT LANNq SS AmON I FIGHTING WORDS I TMPASS I MEE`nNG
2. QuakerAction Group v. Morton,(D.C. Cir. 1975) 1 The plaintiffs contended that the district court
erred in allowing a 750 person limit on the White House sidewalk gatherings to remain an absolute
limit without waiver provisions. In the Court's view the district court's order, correctly interpreted, did
provide for waivers of the sidewalk limitation.
3. Duran v. CityofDougiu.(1990) 1 The Court.ruled that giving a police officer "the finger" is not a
crime. The decision stated that"[D]isgraceful as [the] behavior may have been,it was not illegal;
criticism of the police is not a crime.
4. UnitedStates v. Poocha.•(2001) 1 In this Appeals Court decision, a 2-1 majority wrote that "Criticism
of the police, profane or otherwise, is not a crime," in this case, repeatedly saying "fuck you" to park
rangers, even in front of crowd.
5. Mani& v. CiyofLynchburg (2000) 1 A Virginia appeals court KTote that"the First Amendment
requires properly trailed police officers to exercise a higher degree of restraint when confronted by
disorderly conduct and abusive language," pertaining to their wrongful arrest of a man who called his
arresting officers "fucking pigs" and "fuckingjokes."
6. Mercer v. Winston (1973) 1 Jimmy M. Mercer was convicted by ajury of violating the provisions of
Code § 18.1-255 (breach of the peace) and argues that the statute on its face is unconstitutionally vague
and overbroad under the First and Fourteenth Amendments. The court determined that Code § 18.1-
255 was indeed unconstitutional, keeping in line with ChapLisky v. NewHarnpshire and Gooding T7.
Wilson.

TAKE E (
X. 4 T 1.; VE

EMM c~Y. R
To: Thomas, AI[thomasa@charlottesville.org]
Cc: Pleasants, Gary[pleasntg@charlottesville.org]; Lewis, Wendy[lewis@charlottesville.org]; Mitchell,
Victor[mitchell@charlottesville.org]; Upman, Steve[upmans@charlottesville.org]
From: Shifflett, David
Sent: Thur 7/6/2017 7:30:13 PM
Subject: KKK Event - 7-8-17_Road Closures, Restricted Parking and Alternative Reporting Options.docx
KKK Event - 7-8-17 Road Closures, Restricted Parkinq and Alternative Reportinq Options.docx

Chief,

As discussed, attached is a press release draft regarding road closures, parking restrictions, modified response, ACPD/UVA response
to emergency calls for service and alternative reporting options for non-emergency calls during the event.

Thanks,

Dave

Capt. David W. Shifflett, Jr.


Support Services Division Commander
Charlottesville Police Department
606 East Market Street
Charlottesville, VA 22902
434-970-3618 - Office
Charlottesville Police Department
606 East Market Street
Charlottesville, Virginia 22902
Telephone Number[4341970-3280
Fax Telephone Number[434]970 3502

Alfred S. Thomas
Chief ofPolice

MEDIA RELEASE
RELEASE: 7/8/17 KKK Event — Parking Restrictions, Road Closures and Alternative Reporting
Options
DATE: 07/06/2017
CONTACT PERSON: Lt Stephen Upman
CONTACT TELEPHONE NUMBER: 434-566-1455
On 7/8/17, the Charlottesville Police Department will close the following roadways from 12:00
Noon until the conclusion ofthe event:

• E. High St between 3rd St NE and Park St


• E. Jefferson St between 3rd St NE and Park St
• Park St between E. High St and Court Square
• 4`" St NE between E. High St and E. Jefferson St
• East High St between 2"d St NE and Yd St NE(East bound lane)

Message boards and signs will be in place to notify drivers of road closures and detours.
V s:

...... ............... . ......... . . .


. . ..... ......... .
........... . . ....................

...... .... .

.kso fog
Pa r.

............ ..... ... ... ........ ... ..


. .... . . .... .. ...
...... ...... . ... ............. .
... .......
. .... ... . . . .... .. ... .............. ..... ......
...... ... ... ...

The following parking restrictions will be in effect from 7:00 AM to 6:00 PM:

• 300400 block of E. High St


• 300-600 block of E. Jefferson St
• 300 block ofPark St
• 300400 block of0St NE
• 300 Block ofP Street NE
• 300 block of50' St NE
• 200 block of E. High St(east bound side).

Temporary no-parking signs have been installed in the designated areas and towing will be
enforced on 718117 at 7:00 AM.
The Charlottesville Police Department will also be on modified response from 9:00 AM until the
conclusion of the event. Officers from the Albemarle County and University Police Department
will be assisting the Charlottesville Police Department by responding to emergency calls for
service within the City. Non-emergency calls for service will be held by the Emergency
Communications Center until conclusion ofthe event.
As an alternative and to assist citizens reporting of non-emergency incidents, the Charlottesville
Police Department will have personnel available at the department to handle telephone, walk-in
and on-line reports in lieu of a response by an Officer. To file an on-line report, please visit the
Charlottesville Police Department web page, https://www.charlottesville.org/police, and click on
the link to file an on-line report.
To: Thomas, AI[thomasa@charlottesville.org]; Pleasants, Gary[pleasntg@charlottesville.org]; Lewis,
Wendy[lewis@charlottesville.org]; Mitchell, Victor[mitchell@charlottesville.org]
From: Shifflett, David
Sent: Fri 6/30/2017 6:27:47 PM
Subject: Ops Plan - KKK Rally 7-8-17_UPDATED 6-30-17_DRAFT.docx
Ops Plan - KKK Rally 7-8-17 UPDATED 6-30-17.docx

Please take a look at the updated draft Ops plan and please send any comments back.. Still a few more modifications to make
based on recent input.

Hope everyone has a great 4"' of July weekend!

Thanks,

Dave
From: Shifflett, David
Required Attendees: O'Donnell, Brian; Lewis, Wendy; Mitchell, Victor
Location: CPD Conference Room
Importance: Normal
Subject: Meeting with VSP (1st Sgt Clarke, VSP Lt, and VSP Capt)
Start Date/Time: Tue 6/20/2017 1:00:00 PM
End Date/Time: Tue 6/20/2017 3:00:00 PM
From: Shifflett, David
Location: CPD Conference Room
Importance: Normal
Subject: KKK Logistics Meeting - Public Works and Park & Rec - CP5
Start Date/Time: Tue 6/27/2017 9:00:00 AM
End Date/Time: Tue 6/27/2017 10:00:00 AM
To: Shifflett, David[shiffled@charlottesviIle.org]
Cc: Chan Bryant[cbryant2@albemarle.org]
From: J. E. "Chip" Harding
Sent: Mon 6/19/2017 6:55:48 PM
Subject: Re: KKK Event Scheduled for 7/8/17 - Resource Request

Yes sir

Sent from my iPhone

On Jun 19, 2017, at 6:53 PM, Shifflett, David <shiffledacharlottesville.org> wrote:

Sheriff,

Are you available to meet tomorrow to conduct a walk through of JDR Court and discuss resources? I have meting
in the morning and afternoon, but am free at 1100hrs.

Many thanks for your assistance.

Sincerely,

Dave

From: J. E. "Chip" Harding


Sent: Thursday, June 15, 2017 7:50:14 PM
To: Shifflett, David
Subject: Re: KKK Event Scheduled for 7/8/17 - Resource Request

Call me

Sent from my iPhone

On Jun 15, 2017, at 7:49 PM, Shifflett, David <sltiffledacharlottesville.org> wrote:

Sheriff,

Understood. Who would be our point of contact to request access to JDR Court for ? The
Clerk of the Court or lead Judge?

Thanks,

Dave

From: J. E. "Chip" Harding


Sent: Thursday, June 15, 2017 7:45:11 PM
To: Shifflett, David
Subject: Re: KKK Event Scheduled for 7/8/17 - Resource Request

I have no interest in joining the KKK

Sent from my iPhone


> On Jun 15, 2017, at 7:43 PM,Shifflett, David <shiffled@charlottesville.org> wrote:

> Sheriff,

> I hope you are doing well. I am reaching out to see if you and/or someone from the Sheriffs Office are available to meet
regarding lie upcoming KKK event scheduled for 7/8/17. I am coordinating the CPD ops plan and wanted to see if
the Sheriffs Office is available to assist with any ofthe below resources:

>-

> I can also go over our overall plans to date and discuss any potential impact the event may have on JDR Court and the County
Courts.

> I look forward to discussing the event with you.

> I am available tomorrow and next week.

> Sincerely,

> Dave
From: Shifflett, David
Required Attendees: Lewis, Wendy; Mitchell, Victor
Location: CPD Conference Room.
Importance: Normal
Subject: Interior and Exterior Command Meeting.- KKK Planning
Start Date/Time: Tue 6/27/2017 10:00:00 AM
End Date/Time: Tue 6/27/2017 11:00:00 AM
From: Shifflett, David
Required Attendees: Lewis, Wendy; Mitchell, Victor; O'Donnell, Brian; Rogers, Mike
Location: CPD Conference Room
Importance: Normal
Subject: Meet with Fire Dept - KKK Event Planning
Start Date/Time: Thur 6/15/2017 11:30:00 AM
End Date/Time: Thur 6/15/2017 12:30:00 PM
From: Shifflett, David
Required Attendees: O'Donnell, Brian
Location: Dave Shifflett's Office
Importance: Normal
Subject: Ops Plan - KKK Protest
Start Date/Time: Mon 6/12/2017 10:00:00 AM
End Date/Time: Mon 6/12/2017 12:00:00 PM
To: 'Amanda Lwk'[amanda.lwk@aol.com]
From: Shifflett, David
Sent: Fri 7/7/2017 8:50:29 PM
Subject: Staging and Parking Area

Amanda,

Per our conversation, I have permission to use a gravel lot behind


to stage, consolidate, and park any remaining vehicles. We will have standing by to direct
you into the lot, as well get your group to and from the event. We only have 25 designated spaces available in the area of the
event and it is very important to consolidate members into the fewest number of vehicles possible. We also have officers that will
walk you and your group to and from the event site on a pre-planned route.

Please call me on my cell ) when you are 10 miles out and also when you get close to ensure we are in place.

Please keep in touch call me with any questions.

Thanks,

Dave

Capt. David W. Shifflett, Jr.


Support Services Division Commander
Charlottesville Police Department
606 East Market Street
Charlottesville, VA 22902
434-970-3618 - Office

From: Amanda Lwk [mailto:amanda.lwk@aol.com]


Sent: Saturday, July 01, 2017 12:25 AM
To: Shifflett, David
Subject: Re:(No Subject)

WE NEED TO TALK SOON!

the media and everything is not handled , we have a black church holding a black panther prayer meeting !!! hello. they are going to
gather black people to this location ,then they all will come to this protest! I have seen this before. plus we are threatening from
BLM and Black Panthers. Trust me when I will say that my people will die for what they believe in thats not the issue. I fear a
shooting . I see on facebook they bring guns and guess what you all are not going to to check them to protect us. because of the
threats I will have my concealed weapon permit in the crowd. Armed and waiting for anyone to shoot at us. I will not let my people
die. So if I was you I would check everyone in the crowd if not my people will hurt others for shooting us this will be on you .So here
is the question. Whats going to be done? I want peace , my people want to be there in peace but your chief is not putting his foot
down , so a blood bath will be on him!

IK AMANDA BARKER LWK


(336)432-086 /•
`1JWW.KKKKNIGHTS.00M
AMAN.DA.jLWK0)A0 L.00.N

Original Message
From: Shifflett, David <shiffled@charlottesville.org>
To: Amanda Lwk <amanda.lwk@aol.com>
Sent: Thu, Jun 22, 2017 9:54 pm
Subject: RE:(No Subject)

Amanda,
Just checking in this week and had a couple of quick questions. Please call me tomorrow on my cell....4 . I'll be up for an
hour or so if tonight is better.

Thanks,

Capt. Dave Shifflett


Charlottesville Police Department

From: Shifflett, David


Sent: Thursday, June 15, 2017 5:53:13 PM
To: Amanda Lwk
Subject: RE:(No Subject)

Amanda,

Are you available for a call this evening?

Thanks,

Dave Shifflett
Charlottesville PD

From: Amanda Lwk


Sent: Thursday, June 08, 2017 9:09:14 PM
To: Shifflett, David
Subject: Re:(No Subject)

I am going to have everyone carpool. I would plan for 30 to 50 cars.

1K`AMANDA.BAP"k , E`iN'K
(336)432-0386 /..\ /.O\

www KKK <NiGHT8 C0M


AMANDA.LWK0A-0L.00M

Original Message
From: Shifflett, David <shiffled@charlottesville.orq>
To: Amanda Lwk <amanda.lwk@aol.com>
Sent: Thu, Jun 8, 2017 8:39 pm
Subject: RE:(No Subject)

Amanda,

One additional question regarding parking. Will you be carpooling and how many vehicles do you anticipate needing to find parking?

Thanks,

Dave Shifflett.

From: Shifflett, David


Sent: Thursday, June 08, 2017 8:05:43 PM
To: Amanda Lwk
Subject: RE:(No Subject)

Amanda,

Thank you and I will continue to be in touch as we plan the event. Please do the same on your end.
Thanks,

Dave Shifflett

From: Amanda Lwk


Sent: Thursday, June 08, 2017 7:52:25 PM
To: Shifflett, David
Subject:

Hello Dave,

We have talked and will take Jackson Park. I will shift everyone to that location now. Thanks for all your help. If you need anything
call me.

IK AMANDA BARKER LW.F


(336)434-0386,
WWW.KKKKN1GH'rS COM
AIYI.C'#.Il~':~JAsLV% [~.C~.AOL.COM
Q
To: Shifflett, David[shiffied@charlottesviIle.org]
From: Cooper, II, David 0., Lt.
Sent: Thur 7/6/2017 9:51:56 AM
Subject: RE: KKK Event Maps

Our personnel will have their riot helmets with them also.

As to the aircraft, our fixed wing went down yesterday and may or may not be ready by Saturday. Regardless,

We will see you on Saturday.

David O. Cooper, II
Field Lieutenant
Division Three Headquarters - Appomattox
434-352-3402
434-352-3498 (Fax)
The information in this email and any attachments may be confidential and privileged. Access to this email by anyone other than the intended addressee is unauthorized. If you are not
the intended recipient(or the employee or agent responsible for delivering this information to the intended recipient) please notify the sender by reply email and immediately delete this
email and any copies from your computer and/or storage system. The sender does not authorize the use, distribution, disclosure or reproduction of this email(or any part of its contents)
by anyone other than the intended recipient(s). No representation is made that this email and any attachments are free of viruses. Virus scanning is recommended and is the
responsibility of the recipient.

From: Shifflett, David [mailto:shiffied@chariottesville.org]


Sent: Wednesday, July 05, 2017 8:01 PM
To: Cooper, II, David 0., Lt.
Subject: RE: KKK Event Maps

Dave,

Thank your response and we concur with value request VSP's offer to have a fixed wing aircraft in the air for the event. The
event is scheduled for 3-4 pm and having the aircraft in the air will be very
helpful.

Also, we we will have helmets . I assume VSP will as well?

We sincerely appreciate all of your assistance. Much appreciated.

Sincerely,

Dave

From: Cooper, II, David 0., Lt.


Sent: Wednesday, July 05, 2017 2:34:58 PM
To: Shifflett, David
Subject: RE: KKK Event Maps

The aircraft can be utilized

I was thinking of having it up .

Helmets —

David O. Cooper, II
Field Lieutenant
Division Three Headquarters - Appomattox
434-352-3402
434-352-3498 (Fax)
The information in this email and any attachments may be confidential and privileged. Access to this email by anyone other than the intended addressee is unauthorized. If you are not
the intended recipient(or the employee or agent responsible for delivering this information to the intended recipient) please notify the sender by reply email and immediately delete this
email and any copies from your computer and/or storage system. The sender does not authorize the use, distribution, disclosure or reproduction of this email(or any part of its contents)
by anyone other than the intended recipient(s). No representation is made that this email and any attachments are free of viruses. Virus scanning is recommended and is the
responsibility of the recipient.

From: Shifflett, David [ma iIto:shiffled@)charlottesviIle.orq]


Sent: Wednesday, July 05, 2017 1:46 PM
To: Cooper, II, David 0., Lt.
Subject: RE: KKK Event Maps

Lt. Cooper,

Thank you for the email. A couple of questions. I have not utilized fixed wing aircraft in any of my previous operational plans and
unfamiliar with its capabilities. Please let me know you thought on its benefits and if there are any costs to CPD if the aircraft is
utilized.

Also, I have been thinking about

Again, thank you for all of your assistance.

Sincerely,

Dave

Capt. David W.Shifflett, Jr.


Support Services Division Commander
Charlottesville Police Department
606 East Market Street
Charlottesville, VA 22902
434-970-3618 - Office

From: Cooper, II, David 0., Lt.[ma iIto:David.CooperO vsp.virginia.gov]


Sent: Wednesday, July 05, 2017 9:39 AM
To: Shifflett, David
Subject: RE: KKK Event Maps

I have a fixed wing aircraft capabilities available on July 8t". Do you'll want it in the air during the event?

David O. Cooper, II
Field Lieutenant
Division Three Headquarters - Appomattox
434-352-3402
434-352-3498 (Fax)
The information in this email and any attachments may be confidential and privileged. Access to this email by anyone other than the intended addressee is unauthorized. If you are not
the intended recipient(or the employee or agent responsible for delivering this information to the intended recipient) please notify the sender by reply email and immediately delete this
email and any copies from your computer and/or storage system. The sender does not authorize the use, distribution, disclosure or reproduction of this email(or any part of its contents)
by anyone other than the intended recipient(s). No representation is made that this email and any attachments are free of viruses. Virus scanning is recommended and is the
responsibility of the recipient.

From: Shifflett, David [ma iIto:shiffled(a)charlottesville.orq]


Sent: Friday, June 30, 2017 4:15 PM
To: Crabtree, Joseph C., Sgt.; Upman, Steve; Critzer, Paul; Clark, Christopher D., 1/Sgt.; Worsham, Craig C., Captain;
'afarole@albemarle.org'; Gabe Elias; Hanson, Tom;'dale.sturdzfen@vsp.virginia.gov'; Phauk, Chanthu; Smith, Glenn W., SA; Baxter,
Andrew; Rogers, Mike; 'stoddardm@albemarle.org'; Jan Farruggio; Tabler, Angela Mae (ams5gt)(ams5gtftvirginia.edu);
fieidingCa~virginia.edu; Pleasants, Gary; Lewis, Wendy; Mitchell, Victor; Cooper, II, David 0., Lt.; Thomas, Al; Knick, Steve; Durrette,
Tito; Mooney, James; Gore, Michael; Upman, Steve; Hatter, Joe; Jones, Dwayne; McKean, Thomas;'dcappuzzo@fbi.gov'
Subject: FW: KKK Event Maps
Many have asked for a copy of the maps for the KKK event. Attached are better maps from last Wednesday. Also, 1 will be sending
out an updated CPD Ops plan by next Wednesday, possibly earlier. Many thanks for taking time out of your busy schedule to
attend last Wednesday's event planning meeting.

Please let me know if you have any questions.

Sincerely,

Dave

Capt. David W. Shifflett, Jr.


Support Services Division Commander
Charlottesville Police Department
606 East Market Street
Charlottesville, VA 22902
434-970-3618 - Office
To: Shifflett, David[shiffled@charlottesviIle.org]
Cc: KC Carr[carrk@albemarle.org]
From: Miller Stoddard
Sent: Wed 7/5/2017 4:36:11 PM
Subject: ACPD KKK Op Plan
KKK OperationalPlanTemplate View 1.pdf

Captain Shifflett,
Here is a preliminary ACPD Op Plan for Saturday. There could be some changes in the future, however the personnel Roster is on
the plan.

Special Ope t"ns f-livision


-Traffic Unit.- Motor Unit-Under Water recovery
-Bike Tea m..Logistics-](9—Tactica.!'ream
434 8
stoddardm@albemarle.org

E.z\Zaep
youl- vp,fheels hn the -Uppe'
rUty -Maynard Stockiard
To: Shifflett, David[shiffied@charlottesviIle.org]
From: Rogers, Mike
Sent: Wed 7/5/2017 3:50:38 PM
Subject: Re: Rally Information

Gotcha, thanks.

Sent from my iPhone

On Jul 5, 2017, at 3:45 PM, Shifflett, David <shiffled@charlottesville.or~gY> wrote:

Mike,

I believe will be out of the line of sight of the crowds. Also, we should have
enough space for . Let's discuss tomorrow morning and we can also ride
over and take a look again tomorrow if you like.

Thanks,

Dave

From: Rogers, Mike


Sent: Wednesday, July 05, 2017 10:18 AM
To: Shifflett, David
Subject: Re: Rally Information

Was hoping

Sent from my iPhone


On Jul 5, 2017, at 10:01 AM,Shifflett, David <shiffled@charlottesville.org> wrote:

Mike,

Please see our below responses. I hope to have my revised Ops plan out this morning we will meet with
you tomorrow at the Fontaine Station.

Thanks,

Dave

From: Rogers, Mike


Sent: Wednesday, July 05, 2017 9:35 AM
To: Shifflett, David
Subject: Rally Information

David,

I am working on finalizing the Fire/EMS IAP and had one or two things to run by you —

• For the forward staging area

It will give those persons on the ambulance and


ERV a place to be, and serve as an enclosed area for any minor treatment needs on site. I would
have someone from CARS drop off the trailer earlier that morning and stage it, the ambulance
and ERV would be on site with it/open it up around .
.

• For those forward staged units, I am making their evac location/refuge area

• UVA Special Events got final confirmation on the "Praise Band" performing with some other
various acts at the Pavilion. They will be staffing on site at
the Pavilion similar to their Fridays After Five setups. They stated that RMC would have security
on site as well for the Pavilion? The drive through between City Hall, the Annex, and the Rec
Center is reportedly supposed to be blocked off, as well as the band load in area? SEMM is
putting one of their units

• Was there any info as far as a general location for the Klans event post the rally out in the
County? County Fire/Rescue was inquiring, I wasn't sure if ACPD and/or you guys may have
gotten word on the general vicinity — Southern County vs. Western, etc.? They were just hoping
to not get a report for a bon fire, etc. and have units rolling in as usual not knowing what they
were coming in to. If we don't have any idea other than a rural location in the County, I assume
they'll just have to send word generically to their stations? No idea of a location at this time.
Still working on it.

• The initial LE treatment area/decon area will be

As soon as I have the IAP components somewhat finalized, I'll shoot you a copy. Where having a stand-
by company briefing tomorrow morning at 0800 at the Fontaine Fire Station if you and/or others would
like to come. We had a briefing for the shift that is scheduled to work that day this past Monday with
the general information for the event/stand-by, tomorrow's will be more specific to the
tasks/assignments for the stand-by companies. Myself and Lt. Knick will attend tomorrow.

Let me know if you have any questions, need anything.

Thanks,

Mike Rogers
Charlottesville Fire
To: Shifflett, David[shiffied@charlottesviIle.org]
From: Amanda Lwk
Sent: Sat 7/1/2017 12:25:27 AM
Subject: Re:(No Subject)

WE NEED TO TALK SOON!


the media and everything is not handled , we have a black church holding a black panther prayer meeting !!! hello. they are going to gather
black people to this location ,then they all will come to this protest! I have seen this before. plus we are threatening from BLM and Black
Panthers. Trust me when I will say that my people will die for what they believe in thats not the issue. I fear a shooting . I see on facebook they
bring guns and guess what you all are not going to to check them to protect us. because of the threats I will have my concealed weapon permit
in the crowd. Armed and waiting for anyone to shoot at us. I will not let my people die. So if I was you I would check everyone in the crowd if not
my people will hurt others for shooting us this will be on you .So here is the question. Whats going to be done? I want peace , my people want to
be there in peace but your chief is not putting his foot down , so a blood bath will be on him!

IK ANLTDA BARKER LWK


(336)'.:432 03$6 /\ [\
WW` AKKKNIGHTS.OM
AMA1~IM WK@AOL COM

Original Message
From: Shifflett, David <shiffled@charlottesville.org>
To: Amanda Lwk <amanda.lwk@aol.com>
Sent: Thu, Jun 22, 2017 9:54 pm
Subject: RE:(No Subject)

Amanda,

Just checking in this week and had a couple of quick questions. Please call me tomorrow on my cell.... . I'll be up for an
hour or so if tonight is better.

Thanks,

Capt. Dave Shifflett


Charlottesville Police Department

From: Shifflett, David


Sent: Thursday, June 15, 2017 5:53:13 PM
To: Amanda Lwk
Subject: RE:(No Subject)

Amanda,

Are you available for a call this evening?

Thanks,

Dave Shifflett
Charlottesville PD

From: Amanda Lwk


Sent: Thursday, June 08, 2017 9:09:14 PM
To: Shifflett, David
Subject: Re:(No Subject)

I am going to have everyone carpool. I would plan for 30 to 50 cars.

W AALANDN BARKER I.WK


(33
, 61432-10386.\
V WW KKKKNIGHT. COly
AMANIA, 0LOOK

Original Message
From: Shifflett, David <shiffled@charlottesville.orq>
To: Amanda Lwk <amanda.lwk cDaol.com>
Sent: Thu, Jun 8, 2017 8:39 pm
Subject: RE:(No Subject)

Amanda,

One additional question regarding parking. Will you be carpooling and how many vehicles do you anticipate needing to find parking?

Thanks,

Dave Shifflett.

From: Shifflett, David


Sent: Thursday, June 08, 2017 8:05:43 PM
To: Amanda Lwk
Subject: RE:(No Subject)

Amanda,

Thank you and I will continue to be in touch as we plan the event. Please do the same on your end.

Thanks,

Dave Shifflett

From: Amanda Lwk


Sent: Thursday, June 08, 2017 7:52:25 PM
To: Shifflett, David
Subject:

Hello Dave,
We have talked and will take Jackson Park. I will shift everyone to that location now. Thanks for all your help. If you need anything call me.

Tk'A.f~VI~NDN AARu"R LWK


(33'6)432-63 ' /.\ .[-
W``V~~11'Vl~ AHTS
~~~~~~
~~~~~~~~~~~~~~~~ ~~~~~~ M
To: Shifflett, David[shiffied@charlottesviIle.org]
From: Knick, Steve
Sent: Wed 6/28/2017 3:53:24 PM
Subject: Maps
July 8 Event aria) with zones and support.png
July 8 Event Arial close up with zones.pnq
Traffic Paterns July 8.png

Captain,

I know you have a ton on your plate, but I thought the attached maps might help with some better digital visualizations of the
layout for July 8. Let me know what needs to be moved or changed.

Lastly, we really need a head count to give to Market Street Market for food prep.

Thanks,
Steve

Lieutenant Steve Knick


Administrative Services Bureau Commander

Charlottesville Police Department


606 E. Market St.
Charlottesville, VA. 22902
W(434)970-3037 C( 0
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To: 'J. E. "Chip" Harding'Uharding@albemarle.org]
From: Shifflett, David
Sent: Mon 6/26/2017 3:09:57 PM
Subject: RE: KKK Event Scheduled for 7/8/17 - Resource Request

Sheriff,

We were hoping to have


There will already be deputies . Would you consider ?

Also, we are in the process of requesting use of City Parks and Rec's Gator for logistical purposes and wanted to check with you to
see if your gator was available should Parks and Rec's not be.

Many thanks!1

Sincerely,

Dave

From: J. E. "Chip" Harding [mailto:jharding@albemarle.org]


Sent: Thursday, June 15, 2017 7:50 PM
To: Shifflett, David
Subject: Re: KKK Event Scheduled for 7/8/17 - Resource Request

Call me

Sent from my iPhone


On Jun 15, 2017, at 7:49 PM,Shifflett, David <shiffledncharlottesx.ille.orLy> wrote:

Sheriff,

Understood. Who would be our point of contact to request access to JDR Court for a The Clerk of
the Court or lead Judge?

Thanks,

Dave

From: J. E. "Chip" Harding


Sent: Thursday, June 15, 2017 7:45:11 PM
To: Shifflett, David
Subject: Re: KKK Event Scheduled for 7/8/17 - Resource Request

I have no interest in joining the KKK

Sent from my iPhone

> On Jun 15, 2017, at 7:43 PM,Shifflett, David <sliiffledc charlottesville.or2> wrote:

> Sheriff,

> I hope you are doing well. I am reaching out to see if you and/or someone from the Sheriffs Office are available to meet regarding lie
upcoming KKK event scheduled for 7/8/17. I am coordinating the CPD ops plan and wanted to see if the Sheriffs Office is
available to assist with any of the below resources:
>-

> I can also go over our overall plans to date and discuss any potential impact the event may have on JDR Court and the County Courts.

> I look forward to discussing the event with you.

> I am available tomorrow and next week.

> Sincerely,

> Dave
To: Shifflett, David[shiffled@charlottesville.org]; Mindy Goodall[mindygoodali@gmail.com]; Gills,
Tricia[PGills ; Sansom, John D.[JSansom@m
Cc: Knick, Steve[knicksp@charlottesville.org]
From: Blank, Jonathan T.
Sent: Mon 6/26/2017 11:23:48 AM
Subject: RE: - Conference Room Request

Captain:
has approved CPD using the conference rooms.
Per our protocol, employee needs to be onsite at all times during a visitor use of a conference room. We have all time slots
covered.

I am copying Tricia Gills and John Sansom . We would like to set up a call to make sure we know what
you need from us.

Below are my posts:

Post No. I

Recipe for Engagement No. 3B

What do you do when White Supremacists/White Nationalists come to town?

My answer starts with I have no idea. I will tell you what I did yesterday (which is related to 3a) when I got the reports. But that was
not enough. We need a lot more. And I am asking your help.

Backdrop

Yesterday in Charlottesville was the Festival of Cultures. HTTP://WWW.FESTIVALOFCULTURES.ORG/


HTTPS://WWW.FACEBOOK.COM/CVILLEFESTIVALOFCULTURES/
This festival is a wonderful celebration for Charlottesville. Long before the present debate over immigration, Charlottesville has been
a center for welcoming refugees around the world.
HTTPS://WWW.RESCUE.ORG/UNITED-STATES/CHARLOTTESVILLE-VA
While I have not attended, one of my favorite news stories of the year is reading about the naturalization ceremony at Monticello on
July 4. My close friend Tim Heaphy who was US District Attorney for the Western District of Virginia presided over the ceremonies
and described the intense emotions of pride in our country's ability to welcome new citizens from all parts of the world.
So back to yesterday, a day of celebration was marred by people protesting against cultures other than their vision of a white
nationalist world. I got the email with the descriptions that Liz put forward below and I said to myself, I need to do something to
counter this protest. This is not about freedom of expression but about countering that expression to make sure it is such a minority
view that it is peacefully wiped out of my home town.

Step One: I reached out to a legal expert on white nationalist/white supremacist/KKK marching/protesting.
Step Two: I reached out to my friends the local officials that I discussed in 3A.
Step Three:
I need your help.
Step One and Two were good first steps. But they were not enough. And they are simply first steps. What I realized was that we do
not have a rapid deployment answer to insure that we drown out their lawful expression of hate. But we need one.We need one
very badly. And we need one now. Whether you are in Charlottesville or beyond. Whether you are right of center or left of center.
Help us create that recipe to engage this hatred. All ideas are welcome.

Posts No. 2 and 3:

I have been remiss in posting. I will get a little personal. As one of my earlier posts indicated, I am struggling with how
to deal with the KKK coming to Charlottesville. I believe in the 1st Amendment. I read my friend Dahlia Lithwick's piece
on her search for a solution. And yet something has been amiss. Do you give neonazis and Klansman and other hate
groups a platform if you engage them in dialogue? By chance, I picked a movie on a overseas flight called The Denial._
https://en.m.wikipedia.org/wiki/Denial_(2016_film) Maybe it was fate. But the movie spoke to me. I am still not sure
there is a solution or this is even one of the solutions. But I do think a variation on Dhalia's piece is close. Embrace the
1st Amendment and engage with facts, evidence and truth. I am not sure this is the first movie suggestion but I will
recommend the movie as I still try to grapple with the solution or even a solution.
Denial - Wikipedia

To make sure my post is clear, my facts, evidence and truth solution is not intended toward changing the view of the neonazi or
Klansman but rather to engage with others that could be swayed by their hate because those who can speak have not or are
drowned out by those that hate. We have the obligation to seek the truth and speak the truth even in the face of hate. And this is
the start of a new recipe for engagement.
Jonathan T. Blank
T: +1434 977 2509 1 M:+1804

From: Shifflett, David [mailto:shiffled @charlottesville.org]


Sent: Friday, June 23, 2017 3:43 PM
To: Blank, Jonathan T. <jblank@ >; Mindy Goodall <mindygoodall@gmail.com>; Gills, Tricia
<PG i I Is@
Cc: Knick, Steve <knicksp@charlottesville.org>
Subject: RE: Conference Room Request

Mr. Blank,

Thank you for your quick response and consideration of our request. My responses are listed below and highlighted in red. Also, I
would love read the below mentioned post you have written regarding the KKK.

Thank you again.

Sincerely,

Dave

Capt. David W. Shifflett, Jr.


Support Services Division Commander
Charlottesville Police Department
606 East Market Street
Charlottesville, VA 22902
434-970-3618 - Office

From: Blank, Jonathan T.[mailto:jbiankC


Sent: Friday, June 23, 2017 3:29 PM
To: Mindy Goodall; Shifflett, David; Gills, Tricia
Cc: Knick, Steve
Subject: RE: - Conference Room Request

Captain Shifflett:

We are going through changes with our protocol for use of conference rooms during off hours. That said, I will do everything in my
power to accommodate, especially under the circumstances. I have personally written a couple of posts on what can you do when
the KKK comes to town.
Can you give me a sense of how many officers?
The time that you would need access to the conference room?

This will help me in making sure that we meet our new protocol.
I will hopefully be able to get back to you on Monday,
Thank you and your force for everything you are doing to make our city safe.
Jonathan T. Blank
T: +1434 977 2509 1 M:+1804

From: Mindy Goodall [mailto:mindygoodall@gmail.com]


Sent: Friday, June 23, 2017 3:21 PM
To: Shifflett, David <shiffled@charlottesville.orp; Blank, Jonathan T. <jblank@
Cc: Knick, Steve <knicksp@charlottesville.org>
Subject: Re: - Conference Room Request

Jonathan,
Please see Captain Shifflett's request below and let us know if you think this would be a possibility.
Thank you,
Mindy
Sent from my iPhone
On Jun 23, 2017, at 1:31 PM,Shifflett, David <shifEled cc charlottesvillc.oru> wrote:

Oops. Accidentally hit send to fast. Do either of you have a point of contact to make a request to use the
Conference Room

Thanks

Dave

From: Shifflett, David


Sent: Friday, June 23, 2017 1:27:49 PM
To: Mindy Goodall; Knick, Steve
Subject: Conference Room Request

Mindy and Steve,

We were thinking about possibly requesting use of the large conference room
for the Saturday 7/8/17 KKK rally.

Do either of you

This e-mailfrom may contain confidential or privileged information. If you are not the intended recipient, please advise by
return e-mail and delete immediately without reading orforwarding to others.
To: Avnel Coates[acoates@vacourts.gov]
Cc: Sharon Cocchiola[SCocchiola@vacourts.gov]; Cosgro, Blaine[cosgro@charlottesville.org];
MaglTSupport[magitsupport@vacourts.gov]; Critzer, Pau l[critzerp@charlottesville.org]; Shifflett, David[shiffled@charlottesville.org]
From: Chris W. Allen
Sent: Thur 6/22/2017 12:34:55 PM
Subject: Re: July 8 Special Event

Avnel,

The printer and video system have been tested and are working. Charlottesville Magistrate office and the Orange Magistrate
office both have directory entries for programmed in system. Both locations are
also able to print to
the printer that I installed today at Charlottesville Circuit Court. The EMag system now has a print option for
"Charlottesville Circuit Court".
The printer is sitting in and currently receives print there. It may possibly be moved into
the court where system is located and there is ajack available for use. Fred with IT will let me know if there are any
issues.(There should not be any issues if it is moved). It would be a good idea for Charlottesville Magistrate Office to
provide and extra 55x print cartridge for this location in case it is needed. Let me know if their are any questions.

Chris Allen
Video Systems Engineer
Department of Judicial Information Technology
Supreme Court of VIrginia
804-786-1045

From: Shifflett, David <shiffled @charlottesville.org>


Sent: Wednesday, June 21, 2017 11:52:59 AM
To: Chris W. Allen; Critzer, Paul
Cc: Sharon Cocchiola; Avnel Coates; Cosgro, Blaine
Subject: RE: July 8 Special Event

Paul and Chris,

Det. Blaine Cosgro, our technical expert, will also be attending the meeting/testing. He will be coming from another meeting and
may be a few minutes late.

Thanks,

Dave

From: Chris W. Allen [mailto:cwallen@vacourts.gov]


Sent: Tuesday, June 20, 2017 2:42 PM
To: Critzer, Paul; Shifflett, David
Cc: Sharon Cocchiola; Avnel Coates
Subject: Re: July 8 Special Event

All,

I spoke with Sgt. Paul Critzer and we are meeting at 10:00 am to get the printer set up. He has already tested the video
connection back to the Magistrate office. I will make sure the Magistrate office is set up with a directory entry in
o system to the circuit court. I will also have a test print sent from the Magistrate office to the printer at the
circuit court once I have it connected with an IP address.

Chris Allen
Video Systems Engineer
Department of Judicial Information Technology
Supreme Court of VIrginia
804-786-1045

From: Chris W. Allen


Sent: Tuesday, June 20, 2017 2:32:00 PM
To: Critzer, Paul; Shifflett, David
Cc: Sharon Cocchiola; Avnel Coates
Subject: Re: July 8 Special Event

Paul,

Earlier in the morning would be more ideal, even around lunch time would work. I would only have 30 minutes if we start
at 3 pm until
I would have to leave.

Chris Allen
Video Systems Engineer
Department of Judicial Information Technology
Supreme Court of VIrginia
804-786-1045

From: Critzer, Paul <critzerp@charlottesville.org>


Sent: Tuesday, June 20, 2017 2:27:27 PM
To: Chris W. Allen; Shifflett, David
Cc: Sharon Cocchiola; Avnel Coates
Subject: RE: July 8 Special Event

Chris ,
Hey can you be here at Charlottesville Circuit Court at 3:00 the rest of the day is booked . And I have IT meeting us at that time .
Thanks Paul

From: Chris W. Allen [maiIto:cwallen@vacourts.gov]


Sent: Tuesday, June 20, 2017 1:49 PM
To: Shifflett, David
Cc: Critzer, Paul; Sharon Cocchiola; Avnel Coates
Subject: Re: July 8 Special Event

David,

I am still looking for a time on Thursday that I can meet with IT at the court. I have also left Sgt. Critzer a voicemail
message. As ofnow I have not heard back from Sgt. Critzer or IT. Please advise so I can plan accordingly.

Chris Allen
Video Systems Engineer
Department of Judicial Information Technology
Supreme Court of VIrginia
804-786-1045

From: Shifflett, David <shiffled@charlottesville.org>


Sent: Monday, June 19, 2017 6:51:41 PM
To: Chris W. Allen
Cc: Critzer, Paul
Subject: RE: July 8 Special Event

Chris,

Sgt. Paul Critzer from the City Sheriffs Office is your POC.I am copying him on this email and request he reach out to you
tomorrow for a meeting time on Thursday.
Many thanks.

Sincerely,

Dave

From: Chris W. Allen


Sent: Monday, June 19, 2017 3:19:04 PM
To: Shifflett, David; Avnel Coates; Sharon Cocchiola
Cc: Felgenhauer, Fred
Subject: Re: July 8 Special Event

David,

Any update on who I'm meeting with and what time on Thursday? I'm just looking for a single point of contact and an
arrival time. I also have a printer I need to bring in the building for testing and I plan to leave it if everything works as
planned. I'll need a network connection for the printer as well.

Chris Allen
Video Systems Engineer
Department of Judicial Information Technology
Supreme Court of VIrginia
804-786-1045

From: Shifflett, David <shiffled@charlottesville.org>


Sent: Friday, June 16, 2017 3:36:23 PM
To: Avnel Coates; Chris W. Allen; Sharon Cocchiola
Cc: Felgenhauer, Fred
Subject: RE: July 8 Special Event

We haven't started our detailed planning yet for the 8/12 event, but it would be great to plan for additional staffing by your office.
We likely will utilize the court/video system as we will on 7/8.

Many thanks.

Sincerely

Dave

From: Avnel Coates [mailto:acoates@vacourts.gov]


Sent: Friday, June 16, 2017 3:31 PM
To: Shifflett, David; Chris W. Allen; Sharon Cocchiola
Cc: Felgenhauer, Fred
Subject: Re: July 8 Special Event

Hello all,

1st Sgt. Shifflett, is the video also being discussed for the event in Lee Park on August 12th? Just wondering,so I can
work out staffing for that day as well. Thanks.

Avnel A. Coates, Chief Magistrate


16th Judicial District, Magisterial Region 4
Department of Magistrate Services
Office of the Executive Secretary
Supreme Court of Virginia
Office Phone:(434) 296-0024
Cellular Phone:
acoates@vacourts.gov

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From: Shifflett, David <shiffled@charlottesville.org>


Sent: Friday, June 16, 2017 2:56:42 PM
To: Chris W. Allen; Sharon Cocchiola
Cc: Avnel Coates; Felgenhauer, Fred
Subject: RE: July 8 Special Event

Chris,

Thanks and I am copying Fred on your email.

Thanks,

Dave

From: Chris W. Allen [mailto:cwallen@vacourts.gov]


Sent: Friday, June 16, 2017 2:52 PM
To: Shifflett, David; Sharon Cocchiola
Cc: Avnel Coates
Subject: Re: July 8 Special Event

David,

I will need an IT person on hand that day and would prefer to meet up earlier in the day (morning) versus later in the day if
possible in case we have issues getting things to work properly. I am bringing a printer with me as well and will need an
available state network connection for the printer so the Magistrate offices can print remotely to the printer. It would
ideally be located next to the video system.

Chris Allen
Video Systems Engineer
Department of Judicial Information Technology
Supreme Court of VIrginia
804-786-1045

From: Shifflett, David <shiffled@charlottesville.org>


Sent: Friday, June 16, 2017 2:47:59 PM
To: Sharon Cocchiola
Cc: Chris W. Allen; Avnel Coates
Subject: RE: July 8 Special Event

Sharon,
Thank you for your assistance. 1 am waiting to hear back from the Circuit Court Clerk regarding a good time for your technician's
visit next Thursday. I spoke to our IT (Fred Felgenhauer) and he stated the video system is connected to the state system as you
stated, but he is available if you need anything.

I sincerely appreciate all of your assistance and I will let you know a time shortly.

Thanks,

Dave

From: Sharon Cocchiola [mailto:SCocchiola@vacourts.gov]


Sent: Friday, June 16, 2017 12:22 PM
To: Shifflett, David
Cc: Chris W. Allen; Avnel Coates
Subject: July 8 Special Event

Hello David,

I checked with our network folks and found out that the Charlottesville Circuit Court video system is actually already on
the state network, HOWEVER, it may be not sure. . I
tried to connect with system this afternoon and was unable to do so, but that may be because it is turned off.
Anyway, we will work to find out more about how that connection is setup. In the meantime, please try to coordinate
with Fred Felgenhauer and the Circuit Court if there is a good for our technician, Chris Allen to meet with you next
Thursday, June 22. Chris is available between the hours of 9:15 and 4:00.

Thanks,

Sharon L. Cocchiola
eMag/Video Team Manager
Department of Judicial Information Technology
Office of the Executive Secretary
Supreme Court of Virginia
100 N 9th Street
Richmond, VA 23219
(804)786-6850

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