Section 1. The Civil Disturbance Unit is organized for the purpose of providing trained personnel for service in connection with large scale civil disturbances or in effecting the apprehension of armed and barricaded criminals, insane persons or other emergencies.

Section 2. The Civil Disturbance Unit shall be commanded by an officer of such rank as the Chief may designate. Personnel shall be selected by the unit head subject to the approval of the Chief.

Section 3. The Officer-in-Charge of the Civil Disturbance Unit or the officer designated to act in his stead, shall be responsible to the Chief for the organization, training, state of readiness of the unit and for the tactical plan and employment of the unit at the scene of any emergency in which the unit is called to service.

Section 4. The Civil Disturbance Unit shall be organized as a company with platoons and squads as constituent parts to facilitate practical control during emergencies.

Section 5. Members of the Civil Disturbance Unit shall be available for emergency duty at all times. The personnel of the Civil Disturbance Unit are to be drawn from regularly functioning divisions of the force, and shall continue to perform their regular duties except when called for special service or training purposes.

Section 6. In emergencies where the service of the Civil Disturbance Unit is believed necessary, the Chief will be notified and his approval obtained before ordering the unit into service. In the absence of the Chief, the next highest ranking officer will be notified. Upon approval, the unit head will be advised and ordered to report and all available personnel of the unit instructed to report immediately.

Section 7. There shall be maintained in the Dispatcher's booth a roster of the Civil Disturbance Unit personnel with telephone numbers, and it

shall be the Dispatcher's duty to see that all members are advised to report, in accordance with instruction of the officer in charge at the time.

Section 8. The Officer-in-Charge of the Civil Disturbance Unit shall periodically inspect all equipment, ammunition, etc., provided for the unit and keep such equipment, etc., currently in readiness in containers provided for that purpose.

Section 9. Arms, equipment, and ammunition shall be issued to personnel of the unit at such time as is deemed necessary by the unit head. Members of the unit shall be responsible for the care and safeguarding of all equipment issued to them.

Section 10. At the scene of a civil disturbance the senior official of the police force present shall issue necessary orders to the ranking officer of the Civil Disturbance Unit. Officials of the police force shall not interfere with the tactical employment of the Civil Disturbance Unit or the plans of the Officer-in-Charge.

Section 11. Chemicals will be used by personnel of the Civil Disturbance Unit in accordance with instructions of the unit head.

The use of tear gas by members of the police force other than the Civil Disturbance Unit shall be limited to the apprehension of armed barricaded criminals or insane persons, to suppress riotous mobs and to effect the capture of dangerous criminals when capture by other means is doubtful and then only upon authorization by an official of the police force.

Sickening gas shall not be used except on the orders of an official of higher rank and then only in grave emergencies after precautions have been taken to safeguard innocent persons.

In each case when chemicals are used the official directing their use shall make a complete report regarding the circumstances to the Chief.

INTRODUCTORY

There are many court decisions, some of them seemingly conflicting in the judicial field. In this Manual, only generalized statements can be made on this subject. Therefore, it should be borne in mind by members and officers of the Police force, in reading this chapter, that in some cases a slight change in facts, circumstances, or laws may bring about different results when courts rule on the very complex problem of jurisdiction over a particular area. In setting forth the general principles herein, no attempt will be made to draw the many fine distinctions to be found in the reported cases on jurisdiction, arrests with and without a warrant, legally entering a building to make an arrest, and the necessary force to make and maintain an arrest, etc. Insofar as conditions will permit, questions arising in these fields of law enforcement should be taken up with the legal office of National Capital Parks.

The

Section 1. Felonies and Misdemeanors. distinction between felonies and misdemeanors is found as a general rule in the penalties which may be imposed by law. Sec. 1, title 18, U. S. Code, 1946 ed., Supp. III, provides, however, that "notwithstanding any act of Congress to the contrary: "1. Any offense punishable by death or imprisonment for a term exceeding one year is a felony. "2. Any other offense is a misdemeanor.

"3. Any misdemeanor the penalty for which does not exceed imprisonment for a period of six months, or a fine of not more than $500, or both, is a petty offense."

Section 2. Felonies, Crimes, and Petty Offenses Defined. Felonies are serious crimes for which the punishment is death or confinement for a period of more than 1 year; Misdemeanors are less serious offenses for which the punishment by confinement is less than 1 year; and Petty Offenses are misdemeanors of minor gravity for which the punishment by confinement may not exceed 6 months and the fine may not exceed $500. In each

instance, punishment by fine may be given in the alternative for the punishment by confinement, or in addition thereto. Violation of the rules and regulations prescribed by the Secretary of the Interior for the government of National Capital Parks areas fall within the classification of Petty Offenses.

Section 3. Federal Crimes. A crime has been defined as an act committed or omitted, in violation of a public law forbidding or commanding it to be done, or for a wrong which the Government notices as injurious to the public and punishes in what is called a criminal procedure. There are no common-law crimes against the United States, except where the Assimilative Crimes Act makes an offense under State law a Federal offense in an area under the concurrent or exclusive jurisdiction of the United States. It must always be kept in mind, therefore, that members and officers of the Police force and the courts have no power or jurisdiction to arrest, try, or punish a person unless the act or omission with which he is charged violates a Federal statute, or a regulation issued pursuant to a Federal statute.

Section 4. Breach of the Peace. A breach of the peace may be defined as an act of public turbulence or indecorum in violation of the common peace and quiet, of the invasion of the security and protection of any law enacted to preserve peace and good order, or of acts such as tend to excite others to break the peace. The acts involved must be voluntary, unnecessary, and contrary to ordinary human conduct.

Section 5. Misdemeanors and Petty Offenses-Federal. It is relatively easy to define a crime under the Federal Criminal Code and to identify misdemeanors and petty offenses. It is not so easy to define crimes and petty offenses under State law. When the occasion arises where it is necessary to consider State law, such matters should be taken up with local county prosecutors after consultation with the legal office of National Capital Parks.

Section 6. Summarization. To summarize the classification and misdemeanors into petty offenses, breaches of the peace, and ordinary misdemeanors is important for two reasons: First, is that where an officer or member of the police force might officially lack authority to make an arrest, he may make an arrest in the breach-ofthe-peace case as a private citizen. The second is that petty offenses may be tried by United States Commissioners outside the District of Columbia.

Section 7. Arrests Defined. (a) In Criminal Procedure, an arrest is the taking and seizing of the person of another, or touching or putting hands upon him in the executing of the process, or an act indicating an intention to arrest. An arrest is synonymous to the actual deliberate, legal restraint of the person of another against his will, and signifies a restriction of his freedom of movement.

(b) How an Arrest Is Made.-An arrest is made by an actual restraint of the person of the accused or by his submission to the custody of an officer or member of the police force. It is usual to place the hand upon him any say, "I arrest you" or words to that effect. The prisoner is usually, and on demand must be, informed of the cause of the arrest and the authority to make it, and shown the warrant-in the event that a warrant has been issued-as soon as possible when acting under a warrant. It is advisable for an officer who makes an arrest to state who he is and show his badge, if not in uniform, and to state why the arrest is being made. If the prisoner is arrested in the act of committing or attempting to commit a crime, or if he is pursued immediately after its commission or after his flight from the scene, it is not necessary to give him any such information. The arrest may be made merely by apprehending and taking him into custody.

(c) Formalities of an Arrest.-In normal circumstances, a member of the police force is required to inform the accused of the cause of the arrest prior to actual arrest. In unusual cases, however, the explanation by the police officer need not be given immediately if such explanation would imperil the police officer or the arrest. For example, a known felon who might be unarmed by the police officer and the intent to arrest and the cause of the arrest declared to the felon at gun point.

(d) Alternate Basis for Making Arrests.-If there exists two causes which would justify an arrest-one defined and one undefined-only the defined one need be given. For instance, if a police officer has reason to believe a certain person has committed a certain crime, but is not sure enough of the facts to make the arrest without a warrant, and the suspect is liable to leave the vicinity, the police officer could (and should) keep the person under observation. If the suspect should commit an infraction of the regulations, such as speeding, damaging park property, etc., the officer could then arrest him for this lesser violation and while the accused was being processed on the petty charge, the more serious charge could be developed to a point where that charge could also be lodged against him. Such a procedure should only be used when absolutely necessary to accomplish justice.

(e) Arrests for Lesser Offenses Where Several Grounds Exist.-Frequent instances occur in which an officer is called to the scene of active violations where it develops that several separate offenses have been committed. It is preferable to arrest for the lesser offenses committed in the police officer's presence so that the facts of the more serious charge may be fully developed before the charge is located. This procedure should not be followed, however, in the case of violations of traffic regulations.

(f) Informal Questioning.-There are occasions when a police officer may request a person to go with him for informal questioning in connection with an alleged violation. In such instances, he would usually say "We would like to talk with you at headquarters," or words to that effect. If the person complies, there is no arrest. However, if the officer has no cause for an arrest and accosts a person in such an officious manner that it leads the person to believe he is being taken into custody and the person submits to the authority, then the officer may be liable for false arrest. In any event, where it is desired to get a person to accompany the police officer to headquarters, to the scene of the crime, to be confronted by witnesses, etc., be sure and make a friendly approach, be conversational. Where sufficient grounds for arrest do not then exist, or are not known, and the person refuses to go without arrest, the safe practice would be to secure instructions from police headquarters.

(g) Arrests for Subsequent Developments.—If the person goes with the officer and as a result of later events while he is with him, it is determined that there are reasonable grounds to believe him guilty of a felony, he must be arrested without further delay. If the crime for which the police officer believes him guilty is only a misdemeanor, he may not legally arrest him. In such cases, it would be necessary to lay the facts before the proper court or the United States Commissioner and procure a warrant for his arrest.

(h) Avoidance of Unnecessary Unpleasantness in Making Arrests.-It cannot be stressed too strongly that in all dealings with the accused unnecessary officiousness or unpleasantness should be avoided, since much more information usually can be obtained from a party who is well treated, and there will be less ground for charges of coercion by his attorneys afterwards. It should be kept in mind that courteous treatment greatly reduces the likelihood of the institution of civil suits for false arrest or imprisonment.

Section 8. Arrests by Force. A police officer making an arrest may orally summon as many persons as he deems necessary to aid him, and refusal to render such aid is a punishable offense. Where an arrest is made, the person arrested should be searched when the circumstances warrant such search. Generally, the question of whether a person arrested should be searched is one for individual determination by the police officer based upon the known or suspected character of the accused, and also the nature of the offense. It should be emphasized at this point that, in the ordinary work of members and officers of the police force, the value of the search is not so much the uncovering of dangerous weapons as (1) the procuring of articles which may afford evidence, and, (2) for the effect of impressing the suspect with the gravity of the offense. An additional aid, in respect to the second point, is the taking of a personal description of the suspect and his fingerprints, which may be done at the time of the arrest. Search of a person under arrest requires no separate search warrant.

Section 9. Civility in Making Arrests. Although a police officer may exercise reasonable force when necessary in effecting an arrest, he should be as considerate as possible in so far as conditions will permit. This is true where rela

tively minor infractions of National Capital Parks regulations occur. There will be times when an officer must act swiftly and forcibly. If criticized for his act in such cases, his reputation for tact, civility, and courtesy will sustain him. Many people have experienced a feeling of disgust when an officious police officer has used browbeating tactics in stopping or arresting them for some minor traffic offense. Members of the police force should treat the public visiting the park areas in the same manner as the police officer would consider reasonable if the circumstances were reversed. Section 10. Limitation on Use of Force in Making Arrests. A member of the police force in the course of making a lawful arrest, or in the event an arrest has already been made, is justified in using such force as is reasonable to secure and hold the offender, overcome his resistance, prevent his escape, recapture him if he escapes, and protect himself from bodily harm. But such police officer is never justified in using unnecessary force or treating his prisoner with wanton violence, or in resorting to dangerous means when the arrest could be effected otherwise. Within reasonable limits, the amount of force permissible to effect an arrest and the means employed are necessarily left to the sound discretion of the police officer, and it has been held that this discretion is not subject to review by a court or jury unless wantonly or maliciously abused. In this connection, a Federal court has held:

Officers do not have absolute license to use any force they may choose in making arrests. There must, of course, be a discretion in an officer as to the force necessary to be used on such occasion, but officers are sometimes inflated with a high conception of their office, and exercise power in an unreasonable, arbitrary, and unjustifiable manner. Officers are not relieved from the ordinary dictates of humanity. While they are clothed with great power, they have no right to abuse the same. An officer who intentionally uses more force than is reasonably necessary in making an arrest is oppressively discharging the duties of his office.

Section 11. Use of Weapons in Effecting Arrests. Firearms are furnished members and officers of the police force as the means of selfprotection to be carried when on duty, and they must not be used unless there is impending danger