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| "Protests Turn Destructive": Woman carries whole cheesecake from looted Cheesecake Factory during protest. Protest or Riot? Sliding Scale Protest - Peaceful Assembly Unlawful Assembly - (as determined by police on the scene) Riot - when things really get cooking Uprising - sustained over time Revolt - with a definite purpose, songs written for it Revolution - everyone gets new hats!
Where on this scale does a woman taking a whole cheesecake from a looted Cheesecake Factory restaurant fit? That's probably Uprising. It looks like she also took a little container of milk, so it might be a Revolt. If she writes a protest song about it, it is for sure a Revolution. If she took a whole Chocolate Turtle Cheesecake, she is the Leader of the Revolution.
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Showing posts with label unlawful assembly. Show all posts
Showing posts with label unlawful assembly. Show all posts
Protest or Riot? Sliding Scale
Failure to Disperse and Bail Amounts in California: Squelching Protest
Failure to Disperse and Bail Amounts in California
Squelching Protest
The Los Angeles Police Department has been using the protest-squelching technique of calling unlawful assemblies with an order to disperse. Those not dispersing are subject to arrest under Section 409 of the Penal Code, which makes it a misdemeanor to fail to disperse from a riot, rout, or unlawful assembly.
The Oakland Police Department Policy includes information on how and why an unlawful assembly may be called. CLICK to see an older policy used by Los Angeles, "Civil Disobedience and Crowd Management." An unlawful assembly is not supposed to be called unless there is actual criminal activity or if there has been violence. Mere failure to have a permit or such thing is not supposed to trigger calling an unlawful assembly and order to disperse.
Section 407. Whenever two or more persons assemble together to do an unlawful act, or do a lawful act in a violent, boisterous, or tumultuous manner, such assembly is an unlawful assembly.
Section 409. Every person remaining present at the place of any riot, rout, or unlawful assembly, after the same has been lawfully warned to disperse, except public officers and persons assisting them in attempting to disperse the same, is guilty of a misdemeanor.
It looks like the LAPD is using this technique to squelch protest and chill Free Speech, because the bail amounts in Los Angeles County on Section 409 have been set extremely high – at $5,000. Very few protesters – indeed, very few people of any sort, have $5,000 handy. This means many protesters sit in jail for 2 days until they are arraigned and released on their own recognizance.
Protest arrests in most places result in minor infractions or citations for violation of municipal ordinances. So do most simple street arrests. For example, when street people in Los Angeles are arrested for staying overnight in a park or on the lawn of a public building, they are charged with illegal camping, a minor violation under State or City law. When the Occupy LA camp was raided, an unlawful assembly was called even though it was a peaceful protest, and those not dispersing were charged with 409 failure to disperse and charged $5,000 bail. Calling that unlawful assembly was probably not legal since there were no crimes or violence taking place and the only thing happening was failure to have a permit to protest in that way. I expect to see this come up in court in the coming weeks..
Also, at the Occupy LA raids, many people trying to disperse from the park were prevented by the police from leaving. From various accounts, it sounds as if about 30 people were arrested in park when they failed to disperse. The other 260, or most of them, appear to have been trapped, kettled, or tricked. There are many accounts of this.
There is one video where a group of three people is trying to leave the street area, which was walled off by police, and they are told by a police officer to wait to be escorted out of the area. They wait and are then arrested. The video shows they are trying to leave, and wary of the officer’s lies. They were on the sidewalk and committing no crimes of any sort. This video scared me terribly because this is the kind of trickery that was used by the Nazis to get Jews to follow along with them to death camps. Out of everything I have seen of the raid, this one thing scared me the most for the future of our nation. There could be no excuse or justification for arresting people standing peacefully on the sidewalk requesting information on how to leave. There are many similar accounts.
Let’s compare the BAIL SCHEDULES for several California counties with major protest sites: Click on the County name to download the bail schedule.
SAN FRANCISCO COUNTY: In San Francisco County, 409 is not listed on the schedule. For all unscheduled misdemeanors, the bail is $3,000 (three thousand).
ALAMEDA COUNTY: (includes Oakland): Schedule lists 409 Failure to Disperse when Ordered with Bail of $2,500 (two thousand five hundred).
SAN DIEGO COUNTY: 409 is not scheduled. Bail for all California State Code misdemeanors not listed in the schedule is $500 (five hundred), with mandatory court appearance. The Schedule does list 408 Participating in Rout or Unlawful Assembly with bail of $250 (two hundred fifty) and a mandatory court appearance.
LOS ANGELES COUNTY: Schedule lists 409 Failure to Disperse from Riot, with $5,000 (five thousand) bail and a mandatory court appearance. The Schedule does not list the other two things that are in the 409 law – failure to disperse from a rout or unlawful assembly. The law in general treats unlawful assembly very differently from riot. Riot is where violence is taking place. Is $5000 bail supposed to apply to Failure to Disperse from an Unlawful Assembly, even though it is not listed that way in the Schedule? The Schedule states:
Unlisted Misdemeanors
For all offenses chargeable as straight misdemeanors for which there is no uniform bail and which are not otherwise provided for in this schedule, including unlisted subdivisions, the bail is $500, except that if the minimum fine for the offense (not including any penalty assessments) is greater than $500, then the bail is the amount of the minimum fine.
To me, it looks like L.A. County is supposed to be charging $500 bail on a 409 Failure to Disperse from an Unlawful Assembly. The reality is they are charging $5,000. This excessively high bail, combined with the police routinely calling unlawful assemblies, rather than engaging in cooperation and friendly crowd control, results in criminalizing and punishing protest, which is one of our basic Constitutional rights.
What Can Be Done on the Protesters' Side: Protest leaders should be trained in the law and in how to conduct protests legally and peacefully: Stay out of the street. Keep off private property. March in an organized style so it does not look like a riot about to break out. Train protesters not to heckle the police. If a person does not know the law and/or does not intend to follow it, do not let such person lead or participate in your protest. Hold training sessions for protesters before each march, where they learn how to stay on the sidewalk, how to respond courteously to police presence. Do not allow others to bring megaphones to your protest, because such people can quickly overtake your protest and turn it into something you do not want. Train protesters to be aware of agents provocateurs and agitators in a crowd. Consider training and certifying protest leaders to ensure they know the law and lead protests in safe and legal manner.
What Can Be Done By the County and LAPD: Do not use calling an Unlawful Assembly as a pre-planned crowd control technique. Do not send in ridiculous amounts of police or police in riot gear when there is no riot. Patrol protests in relaxed and friendly stance, rather than as ranks of stormtroopers. Avoid physical attacks on protesters, especially for simple things such as stepping into the street. Arrest based on what is actually happening, rather than routinely calling Unlawful Assembly. Clarify the Bail schedule so excessive bail is not charged for failure to disperse from an unlawful assembly. Some ideas can be found in the PERF REPORT. Other ideas can be seen in the Oakland Police Department Crowd Management Policy.
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Unlawful Assembly at Protest: Legal Info
Unlawful Assembly at Protest: Legal Info
(Failure to disperse)
(Failure to disperse)
by Sue Basko
UPDATES WEDNESDAY NOVEMBER 30/ - DEC. 2, 2011: Police raided Occupy L.A. just after midnight this morning (November 30, 2011). Many people had been saying for days prior that the eviction was scheduled to allow Sean Penn and Ryan Gosling to shoot a movie on the City Hall site. There has been credible evidence for days to think this is likely.
The raid on Occupy L.A. was horrifying. An unlawful assembly was declared and people were given 10 minutes to clear the area. This announcement followed the script that is given below. The announcement was made several times by an officer walking around in the crowd with a megaphone, and was repeated in several languages. People in the camp were given ample opportunity to leave and not be arrested. Those who stayed were opting to be arrested for their political purposes.
However, people who were trying to leave the area after the dispersal order, and after a second dispersal order was given several blocks away later in the night, were kettled, beaten, and arrested. People are reporting that many protesters were chased down and arrested as they attempted to leave the perimeter area. Photos and videos are emerging, taken after people have been released from jail today (Dec. 2) showing serious injuries to hands and arms.
All of the arrestees thus far that I have seen interviewed have complained of being driven around for hours, not being allowed to use the bathroom, that people had zip-ties on much too tight, that people were denied medical care and medicines, that people were not given water for many hours or at all, that some people were not allowed to make phone calls, that some people were not allowed to see their lawyers, that most of the prisoners were fed little (such as two meals in 3 days), that officers denied them the right to use a toilet and so people had to urinate in their clothing and then had officers mocking them, that several women were placed in isolation for no valid reason, and that dangerous medical conditions were ignored and untreated, and other things.
However, people who were trying to leave the area after the dispersal order, and after a second dispersal order was given several blocks away later in the night, were kettled, beaten, and arrested. People are reporting that many protesters were chased down and arrested as they attempted to leave the perimeter area. Photos and videos are emerging, taken after people have been released from jail today (Dec. 2) showing serious injuries to hands and arms.
All of the arrestees thus far that I have seen interviewed have complained of being driven around for hours, not being allowed to use the bathroom, that people had zip-ties on much too tight, that people were denied medical care and medicines, that people were not given water for many hours or at all, that some people were not allowed to make phone calls, that some people were not allowed to see their lawyers, that most of the prisoners were fed little (such as two meals in 3 days), that officers denied them the right to use a toilet and so people had to urinate in their clothing and then had officers mocking them, that several women were placed in isolation for no valid reason, and that dangerous medical conditions were ignored and untreated, and other things.
Monday November 28, 2011: Last night at Occupy L.A., a police officer declared an unlawful assembly at First and Main Streets and issued an order to disperse. What this means is that there were people in the intersection, they would not get out after being asked nicely repeatedly, and so an unlawful assembly was declared so anyone in the intersection could be arrested. Keep in mind that the police had closed off the streets, so walkers felt comfortable using the space.
After the dispersal order, the only ones left in the street were lines of police in riot gear, and a funny man named Juan riding a bicycle back and forth wearing some kind of big headdress made of palm tree husks. That’s L.A.! There was also a man who had climbed high onto a light pole, with an Anonymous mask on the back of his head, shouting through a megaphone. The crowd was comprised of many media people with cameras, some protesters, and at least one very ardent provocateur woman.
Unlawful assembly laws differ state to state, but most of them follow the same thread. An assembly is a group of people who gather for some purpose or activity. If that activity is illegal, it is an unlawful assembly. If the activity is legal, but turns unlawful or looks as if it might, it can be declared an unlawful assembly.
Let’s look at the California law:
Click to see See California Penal Code Sections 407, 408 and 409
CLICK here to see the full sections 403 -420.1
Click to see See California Penal Code Sections 407, 408 and 409
CLICK here to see the full sections 403 -420.1
California Penal Code Section 407. Whenever two or more persons assemble together to do an unlawful act, or do a lawful act in a violent, boisterous, or tumultuous manner, such assembly is an unlawful assembly.
“Boisterous or tumultuous” means “conduct that poses a clear and present danger of
imminent violence” or when the crowd is gathered to do an unlawful act.
For example, last night at First and Main, there probably was not any danger of imminent violence, although the mix of people in the group was definitely a tinderbox and anything could have happened. Even if not likely to be imminently violent, the crowd was gathered for an unlawful act, namely, to stand in the street. Note that the street was closed off by police, so there was no vehicle traffic. The police did not declare an unlawful assembly until about 4:40 am, in anticipation that soon cars would be driving downtown with people going to work.
First and Main is near the downtown Skid Row area, where many severely mentally ill people and drug addicts reside. The street protest seemed to be a mix of many media reporters, out-of-towners in to show support for Occupy L.A., and a collection of Skid Row street people. In addition to this, there were several members of the crowd who seemed to be agents provocateurs or highly irrational or unpredictable.
One scowling woman with dirty blonde hair kept arguing with everyone and trying to provoke violence. There were hints that she was a paid provocateur, because at one point she was arguing that the police should evict the camp since they announced they were going to. She seemed disappointed that the raid had not gone down at the stated deadline hour. (As of December 3, she is now seen at the GAs.)
One scowling woman with dirty blonde hair kept arguing with everyone and trying to provoke violence. There were hints that she was a paid provocateur, because at one point she was arguing that the police should evict the camp since they announced they were going to. She seemed disappointed that the raid had not gone down at the stated deadline hour. (As of December 3, she is now seen at the GAs.)
A group was chanting about taking the street. Some whackos were making chalk drawings at the feet of the police. (I thought: They probably think of themselves as "peaceful," when in fact, they were so disrespectful.) Meanwhile, an intense man seemed to be hallucinating and kept screaming at the police that they were the Syrian army. He was really scary. In short, it was time to get these people off the streets and up onto the sidewalk. Once the order was issued, a man, who had previously been ranting and saying he was Jesus Christ, lay down on the street in a crucifixion position, but was finally coaxed up by a friendly man.
The only actual LA Occupiers I saw in this crowd were the ones that came out to ask the people to please leave the street and go back to the park. Sadly, the worldwide media may present Occupy L.A. as this mélange of troubled people out in the street.
DISPERSAL ORDER. Last night, the LAPD made a loud announcement giving a declaration of an unlawful assembly and an order to disperse. After the order was given, anyone stepping into the street, even those legitimately using the crosswalk to cross, was subject to arrest. The police had to announce several times that this applied to the media people as well. After the order, the only non-police person left in the street was the kooky man on the bicycle doing a parade style ride back and forth. He provided much laughter, until a half hour later, when finally, a police officer on a motorcycle yelled at him to get up on the sidewalk. The poor guy jumped as if he had been merrily in his own world the whole time.
Please read these rules below, which are taken directly from the Oakland Police Department Crowd Control and Crowd Management Policy, a golden bit of information that any protester should download and read. Please read the script that the police use to declare an unlawful assembly and issue an order to disperse. It is the same announcement as that used last night by the LAPD.
If you are ever at a protest where such an order is issued, pay special attention to how you are supposed to exit, and allow others to exit and not be kettled up. Last night, a lot of people were trapped and unable to move away because they had a police riot line a few inches in front of them and a densely packed group of people behind them. The people behind, many of whom were reporters or photographers, were pushing forward to see what was happening, which, as already explained, was a funny man riding a bicycle.
From: Oakland Police Department Crowd Control and Crowd Management Policy
(I strongly recommend that you download and read this Oakland policy, no matter where you are. )
(I strongly recommend that you download and read this Oakland policy, no matter where you are. )
F. When an Unlawful Assembly May Be Declared
1. The definition of an unlawful assembly has been set forth in Penal Code Section 407 and interpreted by court decisions. The terms, “boisterous” and “tumultuous,” as written in Penal Code Section 407, have been interpreted as “conduct that poses a clear and present danger of imminent violence” or when the demonstration or crowd event is for the purpose of committing a criminal act.
The police may not disperse a demonstration or crowd event before demonstrators have
acted illegally or before the demonstrators pose a clear and present danger of imminent violence.
2. The mere failure to obtain a permit, such as a parade permit or sound permit, is not a sufficient basis to declare an unlawful assembly. There must be criminal activity or a clear and present danger of imminent violence.
3. The fact that some of the demonstrators or organizing groups have engaged in violent or unlawful acts on prior occasions or demonstrations is not grounds for declaring an assembly unlawful.
4. Unless emergency or dangerous circumstances prevent negotiation, crowd dispersal techniques shall not be initiated until after attempts have been made through contacts with the police liaisons and demonstration or crowd event leaders to negotiate a resolution of the situation so that the unlawful activity will cease and the First Amendment activity can continue.
5. If after a crowd disperses pursuant to a declaration of unlawful assembly and subsequently participants assemble at a different geographic location where the participants are engaged in non-violent and lawful First Amendment activity, such an assembly cannot be dispersed unless it has been determined that it is an unlawful assembly and the required official declaration has been adequately given.
G. Declaration of Unlawful Assembly
1. When the only violation present is unlawful assembly, the crowd should be given an opportunity to disperse rather than face arrest.
Crowd dispersal techniques shall not be initiated until OPD has made repeated announcements to the crowd, asking members of the crowd to voluntarily disperse and informing them that, if they do not disperse, they will be subject to arrest.
These announcements must be made using adequate sound amplification equipment in a
manner that will ensure that they are audible over a sufficient area. Announcements must be made from different locations when the demonstration is large and noisy. The dispersal orders should be repeated after commencement of the dispersal operation so that persons not present at the original broadcast will understand that they must leave the area.
The announcements shall also specify adequate egress or escape routes. Whenever possible, a minimum of two escape/egress routes shall be identified and announced.
It is the responsibility of the on-scene OPD commanders to ensure that all such announcements are made in such a way that they are clearly audible to the crowd.
2. Unless an immediate risk to public safety exists or significant property damage is occurring, sufficient time will be allowed for a crowd to comply with police commands before action is taken.
3. Dispersal orders should be given in English and in other languages that are appropriate for the audience.
4. The Incident Commander should ensure that the name of the individual making the dispersal order and the date/time each order was given is recorded.
5. Dispersal orders should not be given until officers are in position to support/direct crowd movement.
6. Personnel shall use the following Departmental dispersal order:
I am (rank/name), a peace officer for the City of Oakland. I hereby declare this to be an
unlawful assembly, and in the name of the people of the State of California, command all
those assembled at _____________ to immediately leave. If you do not do so, you may be arrested or subject to other police action, including the use of force which may result in serious injury. Section 409 of the Penal Code prohibits remaining present at an unlawful assembly. If you remain in the area just described, regardless of your purpose, you will be in violation of Section 409. The following routes of dispersal are available (routes). You have _______ minutes to leave. If you refuse to move, you will be arrested. *If you refuse to move, chemical agents will be used. (Provide the chemical warning only if use is anticipated).
7. When a command decision is made to employ crowd dispersal techniques, attempts to obtain voluntary compliance through announcements and attempts to obtain cooperation through negotiation shall both be continued. At any point at which a crowd is dispersing, whether as a reaction to police dispersal techniques, through voluntary compliance, or as a result of discussion or negotiation with crowd leaders, OPD dispersal techniques shall be suspended and the crowd shall be allowed to disperse voluntarily. This directive does not preclude a command decision by OPD to reinstate dispersal techniques if crowd compliance ceases.
* * * * * * *
TO SUM UP:
What happens:
1) an unlawful assembly is declared.
2) an order to disperse is announced according to above script.
3) you have to leave or face arrest;
4) you have to leave by the route they are telling you. It is most likely going to be hard to hear that or understand that.
5) It is possible that kettling may take place. This is very dangerous and do whatever you can to avoid situations where the police are kettling.
* * * * * * *
TO SUM UP:
What happens:
1) an unlawful assembly is declared.
2) an order to disperse is announced according to above script.
3) you have to leave or face arrest;
4) you have to leave by the route they are telling you. It is most likely going to be hard to hear that or understand that.
5) It is possible that kettling may take place. This is very dangerous and do whatever you can to avoid situations where the police are kettling.
See also:
Unlawful Assembly CA Penal Code Sections 407, 408, 409
California Penal Code Sections 403- 420.1
Kettling: What is it?
Unlawful Assembly CA Penal Code Sections 407, 408, 409
California Penal Code Sections 403- 420.1
Kettling: What is it?
California Penal Code Section 403 - 420.1
California PENAL CODE
SECTION 403-420.1
403. Every person who, without authority of law, willfully disturbs or breaks up any assembly or meeting that is not unlawful in its character, other than an assembly or meeting referred to in Section 302 of the Penal Code or Section 18340 of the Elections Code, is guilty of a misdemeanor. 404. (a) Any use of force or violence, disturbing the public peace, or any threat to use force or violence, if accompanied by immediate power of execution, by two or more persons acting together, and without authority of law, is a riot.
(b) As used in this section, disturbing the public peace may occur in any place of confinement. Place of confinement means any state prison, county jail, industrial farm, or road camp, or any city jail, industrial farm, or road camp, or any juvenile hall, juvenile camp, juvenile ranch, or juvenile forestry camp. 404.6. (a) Every person who with the intent to cause a riot does an act or engages in conduct that urges a riot, or urges others to commit acts of force or violence, or the burning or destroying of property, and at a time and place and under circumstances that produce a clear and present and immediate danger of acts of force or violence or the burning or destroying of property, is guilty of incitement to riot. (b) Incitement to riot is punishable by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment. (c) Every person who incites any riot in the state prison or a county jail that results in serious bodily injury, shall be punished by either imprisonment in a county jail for not more than one year, or imprisonment pursuant to subdivision (h) of Section 1170. (d) The existence of any fact that would bring a person under subdivision (c) shall be alleged in the complaint, information, or indictment and either admitted by the defendant in open court, or found to be true by the jury trying the issue of guilt, by the court where guilt is established by a plea of guilty or nolo contendere, or by trial by the court sitting without a jury. 405. Every person who participates in any riot is punishable by a fine not exceeding one thousand dollars, or by imprisonment in a county jail not exceeding one year, or by both such fine and imprisonment. 405a. The taking by means of a riot of any person from the lawful custody of any peace officer is a lynching. 405b. Every person who participates in any lynching is punishable by imprisonment pursuant to subdivision (h) of Section 1170 for two, three or four years. 406. Whenever two or more persons, assembled and acting together, make any attempt or advance toward the commission of an act which would be a riot if actually committed, such assembly is a rout. 407. Whenever two or more persons assemble together to do an unlawful act, or do a lawful act in a violent, boisterous, or tumultuous manner, such assembly is an unlawful assembly. 408. Every person who participates in any rout or unlawful assembly is guilty of a misdemeanor. 409. Every person remaining present at the place of any riot, rout, or unlawful assembly, after the same has been lawfully warned to disperse, except public officers and persons assisting them in attempting to disperse the same, is guilty of a misdemeanor. 409.3. Whenever law enforcement officers and emergency medical technicians are at the scene of an accident, management of the scene of the accident shall be vested in the appropriate law enforcement agency, whose representative shall consult with representatives of other response agencies at the scene to ensure that all appropriate resources are properly utilized. However, authority for patient care management at the scene of an accident shall be determined in accordance with Section 1798.6 of the Health and Safety Code. For purposes of this section, "management of the scene of an accident" means the coordination of operations which occur at the location of an accident. 409.5. (a) Whenever a menace to the public health or safety is created by a calamity including a flood, storm, fire, earthquake, explosion, accident, or other disaster, officers of the Department of the California Highway Patrol, police departments, marshal's office or sheriff's office, any officer or employee of the Department of Forestry and Fire Protection designated a peace officer by subdivision (g) of Section 830.2, any officer or employee of the Department of Parks and Recreation designated a peace officer by subdivision (f) of Section 830.2, any officer or employee of the Department of Fish and Game designated a peace officer under subdivision (e) of Section 830.2, and any publicly employed full-time lifeguard or publicly employed full-time marine safety officer while acting in a supervisory position in the performance of his or her official duties, may close the area where the menace exists for the duration thereof by means of ropes, markers, or guards to any and all persons not authorized by the lifeguard or officer to enter or remain within the enclosed area. If the calamity creates an immediate menace to the public health, the local health officer may close the area where the menace exists pursuant to the conditions set forth in this section. (b) Officers of the Department of the California Highway Patrol, police departments, marshal's office or sheriff's office, officers of the Department of Fish and Game designated as peace officers by subdivision (e) of Section 830.2, or officers of the Department of Forestry and Fire Protection designated as peace officers by subdivision (g) of Section 830.2 may close the immediate area surrounding any emergency field command post or any other command post activated for the purpose of abating any calamity enumerated in this section or any riot or other civil disturbance to any and all unauthorized persons pursuant to the conditions set forth in this section whether or not the field command post or other command post is located near to the actual calamity or riot or other civil disturbance. (c) Any unauthorized person who willfully and knowingly enters an area closed pursuant to subdivision (a) or (b) and who willfully remains within the area after receiving notice to evacuate or leave shall be guilty of a misdemeanor. (d) Nothing in this section shall prevent a duly authorized representative of any news service, newspaper, or radio or television station or network from entering the areas closed pursuant to this section. 409.6. (a) Whenever a menace to the public health or safety is created by an avalanche, officers of the Department of the California Highway Patrol, police departments, or sheriff's offices, any officer or employee of the Department of Forestry and Fire Protection designated a peace officer by subdivision (g) of Section 830.2, and any officer or employee of the Department of Parks and Recreation designated a peace officer by subdivision (f) of Section 830.2, may close the area where the menace exists for the duration thereof by means of ropes, markers, or guards to any and all persons not authorized by that officer to enter or remain within the closed area. If an avalanche creates an immediate menace to the public health, the local health officer may close the area where the menace exists pursuant to the conditions which are set forth above in this section. (b) Officers of the Department of the California Highway Patrol, police departments, or sheriff's offices, or officers of the Department of Forestry and Fire Protection designated as peace officers by subdivision (g) of Section 830.2, may close the immediate area surrounding any emergency field command post or any other command post activated for the purpose of abating hazardous conditions created by an avalanche to any and all unauthorized persons pursuant to the conditions which are set forth in this section whether or not that field command post or other command post is located near the avalanche. (c) Any unauthorized person who willfully and knowingly enters an area closed pursuant to subdivision (a) or (b) and who willfully remains within that area, or any unauthorized person who willfully remains within an area closed pursuant to subdivision (a) or (b), after receiving notice to evacuate or leave from a peace officer named in subdivision (a) or (b), shall be guilty of a misdemeanor. If necessary, a peace officer named in subdivision (a) or (b) may use reasonable force to remove from the closed area any unauthorized person who willfully remains within that area after receiving notice to evacuate or leave. (d) Nothing in this section shall prevent a duly authorized representative of any news service, newspaper, or radio or television station or network from entering the areas closed pursuant to this section. 410. If a magistrate or officer, having notice of an unlawful or riotous assembly, mentioned in this Chapter, neglects to proceed to the place of assembly, or as near thereto as he can with safety, and to exercise the authority with which he is invested for suppressing the same and arresting the offenders, he is guilty of a misdemeanor. 412. Any person, who, within this state, engages in, or instigates, aids, encourages, or does any act to further, a pugilistic contest, or fight, or ring or prize fight, or sparring or boxing exhibition, taking or to take place either within or without this state, between two or more persons, with or without gloves, for any price, reward or compensation, directly or indirectly, or who goes into training preparatory to such pugilistic contest, or fight, or ring or prize fight, or sparring or boxing exhibition, or acts as aider, abettor, backer, umpire, referee, trainer, second, surgeon, or assistant, at such pugilistic contest, or fight, or ring or prize fight, or sparring or boxing exhibition, or who sends or publishes a challenge or acceptance of a challenge, or who knowingly carries or delivers such challenge or acceptance, or who gives or takes or receives any tickets, tokens, prize, money, or thing of value, from any person or persons, for the purpose of seeing or witnessing any such pugilistic contest, or fight, or ring or prize fight, or sparring or boxing exhibition, or who, being the owner, lessee, agent, or occupant of any vessel, building, hotel, room, enclosure or ground, or any part thereof, whether for gain, hire, reward or gratuitously or otherwise, permits the same to be used or occupied for such a pugilistic contest, or fight, or ring or prize fight, or sparring or boxing exhibition, or who lays, makes, offers or accepts, a bet or bets, or wager or wagers, upon the result or any feature of any pugilistic contest, or fight, or ring or prize fight, or sparring or boxing exhibition, or acts as stakeholder of any such bet or bets, or wager or wagers, shall be guilty of a misdemeanor, and upon conviction thereof, shall be fined not less than one hundred dollars nor more than one thousand dollars and be imprisoned in the county jail not less than thirty days nor exceeding one year; provided, however, that amateur boxing exhibitions may be held within this state, of a limited number of rounds, not exceeding four of the duration of three minutes each; the interval between each round shall be one minute, and the contestants weighing one hundred and forty-five pounds or over shall wear gloves of not less than eight ounces each in weight, and contestants weighing under one hundred and forty-five pounds may wear gloves of not less than six ounces each in weight. All gloves used by contestants in such amateur boxing exhibitions shall be so constructed, as that the soft padding between the outside coverings shall be evenly distributed over the back of said gloves and cover the knuckles and back of the hands. And no bandages of any kind shall be used on the hands or arms of the contestants. For the purpose of this statute an amateur boxing exhibition shall be and is hereby defined as one in which no contestant has received or shall receive in any form, directly or indirectly, any money, prize, reward or compensation either for the expenses of training for such contest or for taking part therein, except as herein expressly provided. Nor shall any person appear as contestant in such amateur exhibition who prior thereto has received any compensation or reward in any form for displaying, exercising or giving any example of his skill in or knowledge of athletic exercises, or for rendering services of any kind to any athletic organization or to any person or persons as trainer, coach, instructor or otherwise, or who shall have been employed in any manner professionally by reason of his athletic skill or knowledge; provided, however, that a medal or trophy may be awarded to each contestant in such amateur boxing exhibitions, not to exceed in value the sum of $35.00 each, which such medal or trophy must have engraved thereon the name of the winner and the date of the event; but no portion of any admission fee or fees charged or received for any amateur boxing exhibition shall be paid or given to any contestant in such amateur boxing exhibition, either directly or indirectly, nor shall any gift be given to or received by such contestants for participating in such boxing exhibition, except said medal or trophy. At every amateur boxing exhibition held in this state and permitted by this section of the Penal Code, any sheriff, constable, marshal, policeman or other peace officer of the city, county or other political subdivision, where such exhibition is being held, shall have the right to, and it is hereby declared to be his duty to stop such exhibition, whenever it shall appear to him that the contestants are so unevenly matched or for any other reason, the said contestants have been, or either of them, has been seriously injured or there is danger that said contestants, or either of them, will be seriously injured if such contest continues, and he may call to his assistance in enforcing his order to stop said exhibition, as many peace officers or male citizens of the state as may be necessary for that purpose. Provided, further, that any contestant who shall continue to participate in such exhibition after an order to stop such exhibition shall have been given by such peace officer, or who shall violate any of the regulations herein prescribed, for governing amateur boxing exhibitions, shall be deemed guilty of violating this section of the Penal Code and subject to the punishment herein provided. Nothing in this section contained shall be construed to prevent any county, city and county, or incorporated city or town from prohibiting, by ordinance, the holding or conducting of any boxing exhibition, or any person from engaging in any such boxing exhibition therein. 413. Every person wilfully present as spectator at any fight or contention prohibited in the preceding section, is guilty of a misdemeanor. An information may be laid before any of the magistrates mentioned in section eight hundred and eight of this code, that a person has taken steps toward promoting or participating in a contemplated pugilistic contest, or fight, or ring or prize fight, or sparring or boxing exhibition, prohibited under the provision of section four hundred and twelve of this code, or is about to commit an offense under said section four hundred and twelve. When said information is laid before said magistrate, he must examine, on oath, the informer, and any witness or witnesses he may produce, and must take their depositions in writing and cause them to be subscribed by the parties making them. If it appears from the deposition that there is just reason to fear the commission of the offense contemplated by the person so informed against, the magistrate must issue a warrant directed generally to the sheriff of the county, or any constable, marshal, or policeman in the state, reciting the substance of the information and commanding the officer forthwith to arrest the person informed against and bring him before the magistrate. When the person informed against is brought before the magistrate, if the charge be controverted, the magistrate must take testimony in relation thereto. The evidence must be reduced to writing and subscribed by the witnesses. If it appears there is no just reason to fear the commission of the offense alleged to have been contemplated, the person complained against must be discharged. If, however, there is just reason to fear the commission of the offense, the person complained of must be required to enter into an undertaking in such sum, not less than three thousand dollars, as the magistrate may direct, with one or more sufficient sureties, conditioned that such person will not, for a period of one year thereafter, commit any such contemplated offense. 414. Every person who leaves this state with intent to evade any of the provisions of Section 412 or 413, and to commit any act out of this state such as is prohibited by them, and who does any act which would be punishable under these provisions if committed within this state, is punishable in the same manner as he or she would have been in case such act had been committed within this state. 414a. No person, otherwise competent as a witness, is disqualified from testifying as such, concerning any offense under this act, on the ground that such testimony may incriminate himself, but no prosecution can afterwards be had against him for any offense concerning which he testified. The provisions of section 1111 of the Penal Code of this state are not applicable to any prosecutions brought under the provisions of this act. 415. Any of the following persons shall be punished by imprisonment in the county jail for a period of not more than 90 days, a fine of not more than four hundred dollars ($400), or both such imprisonment and fine: (1) Any person who unlawfully fights in a public place or challenges another person in a public place to fight. (2) Any person who maliciously and willfully disturbs another person by loud and unreasonable noise. (3) Any person who uses offensive words in a public place which are inherently likely to provoke an immediate violent reaction. 415.5. (a) Any person who (1) unlawfully fights within any building or upon the grounds of any school, community college, university, or state university or challenges another person within any building or upon the grounds to fight, or (2) maliciously and willfully disturbs another person within any of these buildings or upon the grounds by loud and unreasonable noise, or (3) uses offensive words within any of these buildings or upon the grounds which are inherently likely to provoke an immediate violent reaction is guilty of a misdemeanor punishable by a fine not exceeding four hundred dollars ($400) or by imprisonment in the county jail for a period of not more than 90 days, or both. (b) If the defendant has been previously convicted once of a violation of this section or of any offense defined in Chapter 1 (commencing with Section 626) of Title 15 of Part 1, the defendant shall be sentenced to imprisonment in the county jail for a period of not less than 10 days or more than six months, or by both that imprisonment and a fine of not exceeding one thousand dollars ($1,000), and shall not be released on probation, parole, or any other basis until not less than 10 days of imprisonment has been served. (c) If the defendant has been previously convicted two or more times of a violation of this section or of any offense defined in Chapter 1 (commencing with Section 626) of Title 15 of Part 1, the defendant shall be sentenced to imprisonment in the county jail for a period of not less than 90 days or more than six months, or by both that imprisonment and a fine of not exceeding one thousand dollars ($1,000), and shall not be released on probation, parole, or any other basis until not less than 90 days of imprisonment has been served. (d) For the purpose of determining the penalty to be imposed pursuant to this section, the court may consider a written report from the Department of Justice containing information from its records showing prior convictions; and the communication is prima facie evidence of such convictions, if the defendant admits them, regardless of whether or not the complaint commencing the proceedings has alleged prior convictions. (e) As used in this section "state university," "university," "community college," and "school" have the same meaning as these terms are given in Section 626. (f) This section shall not apply to any person who is a registered student of the school, or to any person who is engaged in any otherwise lawful employee concerted activity. 416. (a) If two or more persons assemble for the purpose of disturbing the public peace, or committing any unlawful act, and do not disperse on being desired or commanded so to do by a public officer, the persons so offending are severally guilty of a misdemeanor. (b) Any person who, as a result of violating subdivision (a), personally causes damage to real or personal property, which is either publicly or privately owned, shall make restitution for the damage he or she caused, including, but not limited to, the costs of cleaning up, repairing, replacing, or restoring the property. Any restitution required to be paid pursuant to this subdivision shall be paid directly to the victim. If the court determines that the defendant is unable to pay restitution, the court shall order the defendant to perform community service, as the court deems appropriate, in lieu of the direct restitution payment. (c) This section shall not preclude the court from imposing restitution in the form of a penalty assessment pursuant to Section 1464 if the court, in its discretion, deems that additional restitution appropriate. (d) The burden of proof on the issue of whether any defendant or defendants personally caused any property damage shall rest with the prosecuting agency or claimant. In no event shall the burden of proof on this issue shift to the defendant or any of several defendants to prove that he or she was not responsible for the property damage. 417. (a) (1) Every person who, except in self-defense, in the presence of any other person, draws or exhibits any deadly weapon whatsoever, other than a firearm, in a rude, angry, or threatening manner, or who in any manner, unlawfully uses a deadly weapon other than a firearm in any fight or quarrel is guilty of a misdemeanor, punishable by imprisonment in a county jail for not less than 30 days. (2) Every person who, except in self-defense, in the presence of any other person, draws or exhibits any firearm, whether loaded or unloaded, in a rude, angry, or threatening manner, or who in any manner, unlawfully uses a firearm in any fight or quarrel is punishable as follows: (A) If the violation occurs in a public place and the firearm is a pistol, revolver, or other firearm capable of being concealed upon the person, by imprisonment in a county jail for not less than three months and not more than one year, by a fine not to exceed one thousand dollars ($1,000), or by both that fine and imprisonment. (B) In all cases other than that set forth in subparagraph (A), a misdemeanor, punishable by imprisonment in a county jail for not less than three months. (b) Every person who, except in self-defense, in the presence of any other person, draws or exhibits any loaded firearm in a rude, angry, or threatening manner, or who, in any manner, unlawfully uses any loaded firearm in any fight or quarrel upon the grounds of any day care center, as defined in Section 1596.76 of the Health and Safety Code, or any facility where programs, including day care programs or recreational programs, are being conducted for persons under 18 years of age, including programs conducted by a nonprofit organization, during the hours in which the center or facility is open for use, shall be punished by imprisonment in the state prison for 16 months, or two or three years, or by imprisonment in a county jail for not less than three months, nor more than one year. (c) Every person who, in the immediate presence of a peace officer, draws or exhibits any firearm, whether loaded or unloaded, in a rude, angry, or threatening manner, and who knows, or reasonably should know, by the officer's uniformed appearance or other action of identification by the officer, that he or she is a peace officer engaged in the performance of his or her duties, and that peace officer is engaged in the performance of his or her duties, shall be punished by imprisonment in a county jail for not less than nine months and not to exceed one year, or in the state prison for 16 months, or two or three years. (d) Except where a different penalty applies, every person who violates this section when the other person is in the process of cleaning up graffiti or vandalism is guilty of a misdemeanor, punishable by imprisonment in a county jail for not less than three months nor more than one year. (e) As used in this section, "peace officer" means any person designated as a peace officer pursuant to Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2. (f) As used in this section, "public place" means any of the following: (1) A public place in an incorporated city. (2) A public street in an incorporated city. (3) A public street in an unincorporated area. 417.25. (a) Every person who, except in self-defense, aims or points a laser scope, as defined in subdivision (b), or a laser pointer, as defined in subdivision (c), at another person in a threatening manner with the specific intent to cause a reasonable person fear of bodily harm is guilty of a misdemeanor, punishable by imprisonment in a county jail for up to 30 days. For purposes of this section, the laser scope need not be attached to a firearm. (b) As used in this section, "laser scope" means a portable battery-powered device capable of being attached to a firearm and capable of projecting a laser light on objects at a distance. (c) As used in this section, "laser pointer" means any hand held laser beam device or demonstration laser product that emits a single point of light amplified by the stimulated emission of radiation that is visible to the human eye. 417.26. (a) Any person who aims or points a laser scope as defined in subdivision (b) of Section 417.25, or a laser pointer, as defined in subdivision (c) of that section, at a peace officer with the specific intent to cause the officer apprehension or fear of bodily harm and who knows or reasonably should know that the person at whom he or she is aiming or pointing is a peace officer, is guilty of a misdemeanor punishable by imprisonment in a county jail for a term not exceeding six months. (b) Any person who commits a second or subsequent violation of subdivision (a) shall be punished by imprisonment in a county jail for not more than one year. 417.27. (a) No person, corporation, firm, or business entity of any kind shall knowingly sell a laser pointer to a person 17 years of age or younger, unless he or she is accompanied and supervised by a parent, legal guardian, or any other adult 18 years of age or older. (b) No student shall possess a laser pointer on any elementary or secondary school premises unless possession of a laser pointer on the elementary or secondary school premises is for a valid instructional or other school-related purpose, including employment. (c) No person shall direct the beam from a laser pointer directly or indirectly into the eye or eyes of another person or into a moving vehicle with the intent to harass or annoy the other person or the occupants of the moving vehicle. (d) No person shall direct the beam from a laser pointer directly or indirectly into the eye or eyes of a guide dog, signal dog, service dog, or dog being used by a peace officer with the intent to harass or annoy the animal. (e) A violation of subdivision (a), (b), (c), or (d) shall be an infraction that is punished by either a fine of fifty dollars ($50) or four hours of community service, and a second or subsequent violation of any of these subdivisions shall be an infraction that is punished by either a fine of one hundred dollars ($100) or eight hours of community service. (f) As used in this section, "laser pointer" has the same meaning as set forth in subdivision (c) of Section 417.25. (g) As used in this section, "guide dog," "signal dog," and "service dog," respectively, have the same meaning as set forth in subdivisions (d), (e), and (f) of Section 365.5. 417.3. Every person who, except in self-defense, in the presence of any other person who is an occupant of a motor vehicle proceeding on a public street or highway, draws or exhibits any firearm, whether loaded or unloaded, in a threatening manner against another person in such a way as to cause a reasonable person apprehension or fear of bodily harm is guilty of a felony punishable by imprisonment pursuant to subdivision (h) of Section 1170 for 16 months or two or three years or by imprisonment for 16 months or two or three years and a three thousand dollar ($3,000) fine. Nothing in this section shall preclude or prohibit prosecution under any other statute. 417.4. Every person who, except in self-defense, draws or exhibits an imitation firearm, as defined in Section 12550, in a threatening manner against another in such a way as to cause a reasonable person apprehension or fear of bodily harm is guilty of a misdemeanor punishable by imprisonment in a county jail for a term of not less than 30 days. 417.4. Every person who, except in self-defense, draws or exhibits an imitation firearm, as defined in subdivision (a) of Section 16700, in a threatening manner against another in such a way as to cause a reasonable person apprehension or fear of bodily harm is guilty of a misdemeanor punishable by imprisonment in a county jail for a term of not less than 30 days. 417.6. (a) If, in the commission of a violation of Section 417 or 417.8, serious bodily injury is intentionally inflicted by the person drawing or exhibiting the firearm or deadly weapon, the offense shall be punished by imprisonment in the county jail not exceeding one year or by imprisonment pursuant to subdivision (h) of Section 1170. (b) As used in this section, "serious bodily injury" means a serious impairment of physical condition, including, but not limited to, the following: loss of consciousness; concussion; bone fracture; protracted loss or impairment of function of any bodily member or organ; a wound requiring extensive suturing; and serious disfigurement. (c) When a person is convicted of a violation of Section 417 or 417.8 and the deadly weapon or firearm used by the person is owned by that person, the court shall order that the weapon or firearm be deemed a nuisance and disposed of in the manner provided by Section 12028. 417.6. (a) If, in the commission of a violation of Section 417 or 417.8, serious bodily injury is intentionally inflicted by the person drawing or exhibiting the firearm or deadly weapon, the offense shall be punished by imprisonment in the county jail not exceeding one year or by imprisonment pursuant to subdivision (h) of Section 1170. (b) As used in this section, "serious bodily injury" means a serious impairment of physical condition, including, but not limited to, the following: loss of consciousness; concussion; bone fracture; protracted loss or impairment of function of any bodily member or organ; a wound requiring extensive suturing; and serious disfigurement. (c) When a person is convicted of a violation of Section 417 or 417.8 and the deadly weapon or firearm used by the person is owned by that person, the court shall order that the weapon or firearm be deemed a nuisance and disposed of in the manner provided by Sections 18000 and 18005. 417.8. Every person who draws or exhibits any firearm, whether loaded or unloaded, or other deadly weapon, with the intent to resist or prevent the arrest or detention of himself or another by a peace officer shall be imprisoned in the state prison for two, three, or four years. 418. Every person using or procuring, encouraging or assisting another to use, any force or violence in entering upon or detaining any lands or other possessions of another, except in the cases and in the manner allowed by law, is guilty of a misdemeanor. 419. Every person who has been removed from any lands by process of law, or who has removed from any lands pursuant to the lawful adjudication or direction of any Court, tribunal, or officer, and who afterwards unlawfully returns to settle, reside upon, or take possession of such lands, is guilty of a misdemeanor. 420. Every person who unlawfully prevents, hinders, or obstructs any person from peaceably entering upon or establishing a settlement or residence on any tract of public land of the United States within the State of California, subject to settlement or entry under any of the public land laws of the United States; or who unlawfully hinders, prevents, or obstructs free passage over or through the public lands of the United States within the State of California, for the purpose of entry, settlement, or residence, as aforesaid, is guilty of a misdemeanor. 420.1. Anyone who willfully and knowingly prevents, hinders, or obstructs any person from entering, passing over, or leaving land in which that person enjoys, either personally or as an agent, guest, licensee, successor-in-interest, or contractor, a right to enter, use, cross, or inspect the property pursuant to an easement, covenant, license, profit, or other interest in the land, is guilty of an infraction punishable by a fine not to exceed five hundred dollars ($500), provided that the interest to be exercised has been duly recorded with the county recorder's office. This section shall not apply to the following persons: (1) any person engaged in lawful labor union activities that are permitted to be carried out by state or federal law; or (2) any person who is engaging in activities protected by the California Constitution or the United States Constitution.
Unlawful Assembly, Failure to disperse, order to disperse, 409
Unlawful Assembly California Penal Code Sections 407, 408, 409
UNLAWFUL ASSEMBLY PENAL CODE SECTIONS
California Penal Codes Sections 407, 408, and 409
(Failure to disperse, Order to disperse, Unlawful Assembly)
by Sue Basko
Many of the Occupy L.A. protesters were arrested under Section 409.
Please read below.
CLICK HERE TO See the Full Sections 403 - 420.1
407. Whenever two or more persons assemble together to do an unlawful act, or do a lawful act in a violent, boisterous, or tumultuous manner, such assembly is an unlawful assembly. 408. Every person who participates in any rout or unlawful assembly is guilty of a misdemeanor. 409. Every person remaining present at the place of any riot, rout, or unlawful assembly, after the same has been lawfully warned to disperse, except public officers and persons assisting them in attempting to disperse the same, is guilty of a misdemeanor.
FOR MORE INFORMATION, PLEASE READ:
UNLAWFUL ASSEMBLY
California Penal Codes Sections 403- 420.1
Kettling: What is it?
Top 7 Things That Get People Arrested at a Protest
aka How to Not Get Arrested
aka How to Not Get Arrested
by Sue Basko
Getting Arrested: Activist Lawyers are always telling people what to do if they are arrested at a protest. Most people prefer not to get arrested to begin with. From my observation, the top 7 things that get people arrested at a protest demonstration are:
1) Stepping into the street when there is no permit to do so. This is the #1 thing that gets protesters arrested. If you don't have a permit to be in the street, stay on the sidewalk and cross on the walk light. Also keep in mind that when you interfere with traffic, you may be endangering the lives of bicyclists who are riding in that traffic.
Note: If a protest has many people, often it will take to the streets even if there is no permit. The police are supposed to accomodate a peaceful protest and will often allow a protest to be in the streets if it will not fit on the sidewalk. Pay attention to what is going on to help make your own decisions on what you do.
Note: If a protest has many people, often it will take to the streets even if there is no permit. The police are supposed to accomodate a peaceful protest and will often allow a protest to be in the streets if it will not fit on the sidewalk. Pay attention to what is going on to help make your own decisions on what you do.
2) Blocking the sidewalk so others cannot pass.
3) Blocking or getting too close to a doorway or staircase to a building.
4) Making too much noise without a permit or at the wrong times/ places. Almost any megaphone usage violates sound ordinances in any city, so if you don't have a permit for your event or a sound permit, don't use one. Noise ordinances in Los Angeles are very detailed and geared to quiet. Click here to read about some of the Los Angeles sound ordinances, though there are more that pertain to parks.
5) Damage to public or private property, including hanging banners or signs on buildings, poles or trees, writing on buildings or walks, climbing trees, standing on benches, touching or harming vehicles, writing with marker on anything you do not personally own, etc.
6) Not following reasonable orders or instructions from the police or other officials.
7) Forming a large, uncontrolled group not in an orderly fashion. People who straggle behind or roam away from the group are often perceived as potentially planning to harm property. It's called a protest march because it is supposed to be orderly.
what to do if arrested at a protest
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