Occupy Peace

FBI Infiltrators in Protest Groups

FBI Infiltrators in Protest Groups

by Sue Basko

The FBI infiltrates protest groups. They are authorized by the Attorney General to do so to prevent “federal crimes, threats to the national security," and to aid in gathering "foreign intelligence,” three categories that “are not distinct, but rather overlap extensively,” according to the linked report, FBI Domestic Undercover Guidelines. THE ATTORNEY GENERAL'S GUIDELINES FOR DOMESTIC FBI OPERATIONS In doing so, the FBI is supposed to violate Constitutional protections as little as possible – but given the actual guidelines, it can be noted, nothing is safe from intrusion. “These Guidelines do not authorize investigating or collecting or maintaining information on United States persons solely for the purpose of monitoring activities protected by the First Amendment or the lawful exercise of other rights secured by the Constitution or laws of the United States,” the report states. Note it says solely.

Theoretically, at least, the FBI is concerned about – or should be concerned about – people or groups who have destructive plans. Such destructive plans may include such things as planning to bomb, shoot, or poison people. Gathering materials, supplies, or weapons to do such things is of definite concern. Other individuals or groups may be recruiting people to be terrorists or pirates, either in the U.S., or with plans of sending them overseas.

If you read the news on the internet a lot, as I do, you may have noticed that most “groups” engaging in such acts are not really structured organizations, but rather, loosely-affiliated people who somehow come up with a plan to blow something up. Often, these are small groups of friends, such as the three men who were involved in 1995 in blowing up the federal building in Oklahoma City, killing hundreds, including many small children. It seems logical that a large protest group with meetings open to the public is not a format where violent acts can be secretly planned. Nevertheless, such groups almost always are infiltrated by the FBI. Perhaps the agents are attracted by the potluck dinners.

When a protest group is peaceful, it feels very offensive to be spied upon. Groups often do not find out till years or decades later that they were spied upon, and looking back, wonder what about their group could possibly have been of interest to a sophisticated law enforcement agency.

Spying on protest groups and on individuals includes “Undisclosed Participation in Organizations.” That means, the FBI sends agents as infiltrators to join your group. These people are often in trusted leadership positions within a group. I’ll explain in this article how to spot such people.

The FBI also assists local police with “special events management, in relation to public events or other activities whose character may make them attractive targets for terrorist attack.” When big events include protests, that means the FBI is likely to monitor the protest activities.

The FBI also recruits human sources: “The identification and recruitment of human sources -who may be able to provide or obtain information relating to criminal activities, information relating to terrorism, espionage, or other threats to the national security, or information relating to matters of foreign intelligence interest -is also critical to the effectiveness of the FBI's law enforcement, national security, and intelligence programs, and activities undertaken for this purpose are authorized and encouraged.”

Human sources are people within groups who are used, either to their knowledge or not, to provide information. When past FBI activity of spying on protest groups has been uncovered, it has often been found that there have been many such part-time adjunct paid moles within a group. These are people willing to trade a paycheck for information. The bad part is that money gives these people incentive to fabricate or embellish. The FBI usually denies having anything to do with such people. When records are opened decades later, people look back and say, “Ah-ha, I thought he might be spying on us.” Often those doing this type of befriend-and-tell are people with alcohol, drug, legal, or mental problems. These people like the paycheck and the feeling of being special. Or sometimes, perhaps, their weaknesses are used against them to get them to spill the beans. Sometimes, the moles are “pillar of the community” types who get convinced they are doing right to spy on their neighbors.

The FBI infiltrator will identify “potential human sources, assess the suitability, credibility, or value of individuals as human sources, validate human sources, or maintain the cover or credibility of human sources, who may be able to provide or obtain information relating to criminal activities in violation of federal law, threats to the national security, or matters of foreign intelligence interest.” In other words, the FBI helps such people maintain their cover.

Interpersonal spying is easy in this era of the internet and self-employment. One mole might have many identities on the internet, using numerous facebooks with different profile photos, different names on emails, etc. One person can easily adopt multiple personas – men, women, all different races and types. A typical ruse is to have a very pretty, sexy female profile photo. Most men will confirm such a friend request. Once “she” is friends with one person in a group, others will also easily confirm her friend requests. A few months back, I saw an urgent message from a protest organizer warning others that “All the pretty girls are fake profiles!” It was true.

The FBI also spies on protesters using information available on the internet. “The methods authorized in assessments are generally those of relatively low intrusiveness, such as obtaining publicly available information, checking government records, and requesting information from members of the public.” Today, people organize protests out in the open on the internet. When there are comment boards, such as on Facebook, there are often people proposing violence – and these are just as likely to be law enforcement infiltrators as they are to be real agents provocateurs or trolls trying to get a rise out of people.

The FBI also spies on peoples’ emails, phones and internet usage, getting “grand jury subpoenas for telephone or electronic mail subscriber information.” To go to a grand jury, there better be probable cause to show a person may be engaged in crime.

How to Spot Infiltrators. It is fun to play Spot the Spy. The FBI uses two types of spies – agents who infiltrate, and human sources, who are non-FBI agents paid or unpaid to report information to the agents. FBI agents acting as infiltrators are intelligent people with college degrees. They are personable and speak well. They are organized. They are physically fit and can run. They can shoot a gun. Such people are good actors, and they can play people from all socioeconomic backgrounds. They are often multi-lingual, though you may not know this unless they slip up. They are often capable of playing different ethnicities. For example, a man may actually be Puerto Rican, but he can play being from any Hispanic country. If he can speak Arabic, he can also play being from any Arab country or from within any Arab-American group. A woman can do the same. Multilingual Hispanic, American citizens who can speak Arabic are highly coveted for undercover work. A Black person skilled in accents and languages can play roles of being from a northern city, from a southern university, or can put on an accent and be from Jamaica, or from France, or from an island. A 40-ish white person can blend in as a good old boy with the right wing type groups, and then fairly easily slip into mainstream mixed protest groups, and also mix in with Polish or Russian immigrant groups. Asians have a harder time swapping nationalities, but gain trust within Asian groups or as friendly nerds in mixed social groups.

Infiltrators are rarely the center of attention. They wear simple styles of solid-colored clothing that is indistinguishable. Older agents might have a distinct hat that changes for each group or city. They are not the silent observers, nor are they the active agitators. Often, they make broad statements that are supposed to mark them as knowledgeable and unquestionably committed to “the cause.” There will be no substance to the statement, just a broad, nonspecific statement of support. They are not there to argue or to push an agenda, they are there to spy and find out your agenda.

The internet is such a game-changer. I have watched Occupy streams from different cities, and have seen the same three infiltrators pop up from city to city. They talk about “revolution” and “building the movement.” They must be checking in with their moles, then flying to the next city to stand at a GA and talk about building a movement. Back in the pre-internet days, it was easier to get away with conducting a spy operation this way. Also, now with cell phones, it is easy for them to have a local phone number wherever they go. They like whatever food you like. They want to hear whatever music you want to hear. The won’t get drunk with you, but they will gladly be present while you get drunk. Then they will listen to (and record) your careless statements and treat them as well-thought intentions.

The internet can also be used to boost infiltrators’ credibility. They can have imaginary friends and supporters on comment boards. They can easily create an online persona (or two or three or twenty). Creating a simple website gives them a job and a history and makes them “real.” This is especially true if they use a name that is shared by hundreds of other people across the U.S., or a name that can easily have multiple ways of spelling it.

Infiltrators can show up at meetings, at an outdoor event, in a jail cell. There may be chance encounters where, if you look back later, you may realize an encounter was not chance at all, but had been carefully prearranged and timed. The person will "just happen to be” at the mall when you are. They "just happen" to get arrested and locked into your cell with you for a few hours, or for a few days, though it is likely guards will show up to take them in and out of the cell on “official jail business” of some sort so they don’t have to sit with you the whole time. They show up at the community festival, where you won’t notice who they are with, if anyone.

Infiltrators are chameleons; they will become whatever you need. They are not there to push their own agenda, they are there to find out what yours is. If you are being “set up” by an agent infiltrator, they will make your slightest suggestion of an agenda become a reality. If you joke that you would like to blow up a bridge, they will help you order bomb-making materials from their “friend,” and will drive you to scope out the bridge. Whatever it takes to elicit your plan and make it approach reality, they will be there for you. They won’t try to dissuade you. They won’t encourage you, either, they will simply help facilitate whatever you have even slightly verbally uttered. They are recording you secretly.

Spying on peaceful protest groups, where there is no danger, must be the training ground. Working with real terrorist recruiters or drug cartels is actually dangerous. Then, if a spy is supposed to be Arab and suddenly gets a hankering for a burrito or accidentally sings along in Spanish with the car radio, there can be real trouble. Infiltrators who spy among peaceful protest groups are usually good enough to fool most of the people most of the time. A lot of people don't really care, since nothing secret is going on. Others protesters feel very offended and hurt when they find out their "good friend" was a plant.

Human sources are a different bunch altogether. While a real FBI infiltrator will have discipline and poise, intelligence and physical fitness, a human source may be a smoker, a drinker, unfit, paranoid, a layabout, and annoying, but lovable. A human source may be a busybody organizer. A human source may be a quiet friend who is omnipresent, but rarely noticed. A human source may be the ditzy woman that no one takes seriously. A human source may be the eccentric crazy lady with the colorful clothes. In other words, human sources are often the opposite of the disciplined FBI infiltrators for whom they work.

I could tell you some surefire ways on how to test if a person is an infiltrator, but then, everyone would know. Suffice it to say, there are several foolproof methods. Try to guess what they are.

All quotes in this article are from the FBI DOMESTIC UNDERCOVER GUIDELINES, which you can download by clicking.

Undercover Cops at Occupy Protests

Occupying L.A. Metro Stations

Occupying L.A. Metro Stations

by Sue Basko

Someone attending an Occupy Los Angeles GA (General Assembly) proposed holding meetings at a Metro Station. At first I thought, that's ludicrous. Then, I looked into it some more and it may not be so ludicrous, even though it will be hard to follow the rules.

Los Angeles Mayor Villaraigosa promised the Occupy LA folks that a certain staircase area of City Hall would always be available as a free speech forum. Rather than have that be true, the group has been subjected to police interference that inhibits or chills free speech.

I also checked into meeting rooms at public libraries and park districts. These charge a rental fee and require insurance. Also, most of these rooms are too small for a GA, which is open to anyone. So where are large groups supposed to gather, free of charge, for purposes of conducting a free speech meeting?

Holding a GA at the ground level of a Metro Station might be possible, if the station outdoor area is large enough. Read all the rules carefully and see if the place and activity can meet the rules. Proper planning is the key. Bring a measuring tape and the rules and see if you find a station location that meets the distance requirements in Section 6-05-210, which you can see below in the Solicitation section.

Click to download the

METRO CODE OF CONDUCT

ALL parts of the Metro Code of Conduct apply. It should be read in full by each person before attending or running any such meeting. The specific parts that are most applicable to this proposal are these:

NO LOUD NOISE:

6-05-150 Noise.

The following acts are prohibited in Metro facilities and vehicles:

Disturbing others by engaging in boisterous or unruly behavior.30

Creating noise, including unnecessary cell phone or other conversation, that is so loud, lengthy, sexually explicit, threatening, violent, or disruptive, that is causes a nuisance or unreasonably interferes with the use, operation, or enjoyment of the Metro facilities or vehicles for Metro representatives or patrons, or creates an unsafe condition, such as distracting operators of Metro vehicles.30

Playing a sound device, except when using headphones or earphones that make the sound inaudible to others unless a permit has been issued for usage of such sound device by Metro.31

NO CAMPING:

6-05-120 Loitering.
A.
Loitering is prohibited in Metro facilities and vehicles.27
B.
Loitering includes the following:
1. Storing personal property in a Metro facility or vehicle.
2. Camping or sleeping in a Metro facility or vehicle when not riding for a transportation purpose.28
3. Remaining in a Metro facility or vehicle without lawful transportation purpose or refusing to provide identification.29

TIME, PLACE AND MANNER RESTRICTIONS ON FIRST AMENDMENT FREE SPEECH ACTIVITY:

6-05-210 Solicitation.
A. No person shall solicit money or other things of value in a Metro facility or vehicle.37
B. No person shall solicit public support, or distribute materials, for any cause in Metro vehicles and in underground or non-public areas of Metro facilities where the distribution is disruptive, presents a safety hazard, or impedes the movement of Metro patrons.
C. The exercise of freedom of speech is permitted in Metro facilities and vehicles, subject to the following restrictions:
1.
Activity at a rail station is limited to street level areas and areas which are not platform waiting areas for patrons.
2.
Activity may not occur within fifteen (15) feet of an elevator, escalator, stairwell or staircase entryway, above-ground platform, loading zone, kiosk, transit entrance or exit, emergency exit or telephone, fare vending machine, or fare media readers or validators, or customer service station.
3.
Activity may not impede transit services or the movement of patrons or Metro personnel.
4.
Pamphlets and leaflets may not be left unattended in a Metro facility or vehicle.
5.
The carrying of signs or placards larger than thirty (30") inches by thirty (30") inches, in Metro facilities or vehicles is prohibited. Large signs can be folded or rolled up to comply with the 30" by 30" restriction. No pole, stick, or other similar object or device utilized to display a sign shall exceed a length of thirty inches (30"), nor shall such object exceed a thickness of one-quarter inch (1/4") and a width of two inches (2"); or if not generally rectangular in shape, such object shall not exceed three-quarters inch (3/4") at its thickest dimension. This limitation is not intended to prohibit walking canes, crutches, or similar device used for mobility assistance by a person with a disability. No object shall have an exposed sharp pointed end.
6.
Carrying of any such signs or sticks must not to interfere with the movement, seating, or safety of patrons or Metro personnel.
7.
Food and drinks shall not be distributed in Metro facilities or vehicles except by Metro or persons who obtain a permit from Metro.
8. Tables and portable equipment are prohibited, unless approved by Metro.

Unlawful Assembly at Protest: Legal Info

Unlawful Assembly at Protest: Legal Info
(Failure to disperse)

by Sue Basko

ALSO SEE: FAILURE TO DISPERSE AND CA BAIL AMOUNTS
See Also: Kettling: What Is It?

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.

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

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.)

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. )

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.

See also:
Unlawful Assembly CA Penal Code Sections 407, 408, 409
California Penal Code Sections 403- 420.1
Kettling: What is it?

Occupy L.A. Eviction

Agents Provocateurs: What and Who They Are

Top 7 Things That Get People Arrested at a Protest

Anonymous vs PERF

Kettling: What is it?

Kettling: What is it?

by Sue Basko

See also: Counter-Protesters and Counter-Demonstrators
see also: Masks and Bandannas at Protests

Kettling at a protest is when police form a cordon and squeeze protesters together to "capture" them. Kettling is also when police form lines to keep protesters from escaping a certain perimeter.

ALSO - BE SURE TO WATCH THE VIDEOS AT BOTTOM OF PAGE.

Kettling is often illegal and/or dangerous. If an order to disperse has been called after an unlawful assembly has been declared, the police are supposed let people leave. Kettling may be considered a human rights violation because while kettled, people are often kept for hours without access to water, food, bathrooms, the ability to communicate with their families, etc.

People kettled in the Occupy protests have then often been kept for many hours without food, water, or toilet use. Some have been severely beaten by police after being kettled. Hundreds have had zip-ties placed too tightly on their wrists for many hours. There are many reports of nerve damage and numbness to hands and fingers.

Police have started to use the term Frozen Zone, probably to try to avoid letting it be known they are engaged in dangerous kettling/ illegal tactics. Frozen zone is an area into which no one will be let in or out, in other words, this is kettling with a set perimeter. There can be smaller kettling within a frozen zone. The idea of the existence of a frozen zone is also used by police as an excuse or reason to keep journalists and reporters out. (At Chicago NATO 2012, the Federal Protective Service (FPS) used the term "Red Zone" to describe an area with many federal buildings that were being heavily guarded by the FPS, but movement within the zone was not restricted.)

Los Angeles November 2011: At the November 30, 2011 raid on Occupy L.A., an order to disperse was called for the park area. Those not wishing to be arrested were told to leave. A few hours later, a second order to disperse was called on a nearby street. Many people have reported that, as they tried to leave, they were kettled by cordons of police. Many people were arrested and/or beaten as they tried to leave. These people left the area they were told to leave, only to meet up with traps laid for them blocks away. Others were immediately trapped and arrested as they tried to follow the order to leave. Please note there was no protester violence or property damage. Scroll down to bottom of this page to watch video of woman describe her experience in the LA raid kettling.

Why? In the Los Angeles situation, it appears the police were trying to get arrest numbers up to justify the expense of a huge raid involving 1400 officers in riot gear, helicopters, etc. The only way to do this was to arrest peaceful people simply trying to leave. There is no other plausible explanation, since there was no violence or property damage occurring and no logical reason to keep people from freely leaving the area. In this incident, the LAPD used the term frozen zone to explain their kettling tactics.

Oakland January 30, 2012: In Oakland on January 30, 2012, police kettled hundreds of protesters on a street outside a YMCA. A police officer announced over a loudspeaker that the people were under arrest for failure to disperse from an unlawful assembly and that the protesters were given 3 prior warnings and were now under arrest. Spencer Mills, aka Oakfosho, reported that he heard no such warnings being given, and his video coverage audio is in agreement that no such warnings were given, or were not given to that particular group in that location. Out of the approximately 400 arrests that day, only 12 have resulted in charges being filed. It certainly sounds as if about 380 people were arrested and subjected to hours of torment followed by hours or days in jail -- for no particular or legal reason.

Staying Safe: You are more likely to stay safe at a protest if you avoid being near provocateur types. Police will target in on them and you may be caught in the cauldron. If you are near such people, move far away from them. Also keep in mind that such provocateurs may be police plants.

If it is a sidewalk protest, stay on the sidewalk; do not walk into the street. If someone is leading people into the street, it is a provocateur or police plant or just bad leadership. In any case, there is no logical reason to follow.

Safety from Police. When the police are creating lines of officers to keep people from leaving a protest, as was done at the Occupy L.A. eviction, it is confusing as to what to do. Some people have reported that they politely cooperated as they were detained by a line of police, only to find themselves being arrested and sent to jail for several days on bogus charges. Their physical safety and human rights were violated while in custody. Others ran to flee and were beaten. Others maneuvered cleverly enough to evade capture. In such a situation, it helps to have quick-thinking ninja skills. It seems there are no right answers when wrong things are happening, and you need to do what you can to protect your own safety.

It seems a full outside investigation should be done on this L.A. incident. In other kettling incidents worldwide, there have been investigations and lawsuits. Kettling is often considered illegal and a violation of human rights.

Wikipedia has a good article about other kettling incidents.

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?

Time, Place, and Manner Restrictions
on Peaceable Assembly

Time, Place, and Manner Restrictions on Peaceable Assembly

by Sue Basko

There seems to be a lot of confusion or misinformation in the Occupy movement about the First Amendment right to peaceable assembly and how that interacts with the right of local governments to place Time, Place, and Manner restrictions on those assemblies.

Time, Place, Manner. The local governments and their entities (States, municipalities, counties, parks, schools, universities, airports, public transportation, departments of natural resources, etc) can make rules that control the right to peaceably assemble in public places as long as the ordinance is narrowly tailored to achieve a compelling government interest. The law must be content neutral, not vague, and also leave some way for the people to get their message across.

Content Neutral. The laws must be content neutral. Content neutral means the rule applies to all groups, regardless of their message.

Not Vague. And the laws must not be vague. That means the law must state specifically to what categories it applies and how. To be non-vague, a law must be very specific. For example, a law cannot say “large groups” must get a permit; it must say, for example, “groups of 25 or more” must get a permit.

Public Property Only. Keep in mind, the First Amendment is between citizens and the government. Therefore, the right to peaceably assemble is on public property only. (There are a few exceptions to this, such as at POPS, which is explained below.)

Camping: Most municipalities disallow camping except in actual campsites. That’s because campers need things such as toilets, drinking water, showers, benches and tables, a turf or area on which to place a tent, fire pits, safety and security measures, etc. Therefore, almost no (or no) municipality allows camping on a street, sidewalk, plaza, or in a general-use park.

Due to a court case settlement meant to give the homeless some place to legally sleep, Los Angeles allows sleeping on the public sidewalk between 10 pm and 6 am. That is not exactly camping.

During the Occupy protests, some municipalities are granting special permission to the protesters to have tents and sleep in parks or plazas. This is not being allowed as “camping,” but as part of a protest that is being conducted as “occupying.” Because I am pro-Occupying, at least for limited time periods, I think it is wonderful that some towns and cities are cooperating. However, the damage being done to parks and plazas cannot be denied, since these spaces were not designed or constructed to accommodate the needs of tent residents, whether campers or protesters. Looking into the future, what happens when another, less popular and less desirable group decides it needs to protest by occupying the parks or plazas? Will their tents be allowed? I doubt it. And I think this will lead to lawsuits and lots of trouble.

The U.S. Supreme Court ruled in Clark vs Community for Creative Nonviolence (1984) that sleeping in tents does not have to be allowed as part of protest. From the other viewpoint, if a municipality wants to allow sleeping in tents as part of a protest, they are free to do so, but they are setting a precedent of allowing this for one group, and thus for all such groups.

Masks: The famous mask of Guy Fawkes and V is for Vendetta has been adopted by Anonymous and anyone cool, really. The mask is the 2011 equivalent of the 1969 hippie beads. However, some states or municipalities have laws against wearing masks in public. New York has a law prohibiting two or more people gathered wearing masks, unless they are holding a masquerade party. Lots of mask-wearers have been arrested at the Occupy Wall Street protests in New York. Check local laws.

Masks, Aggravated Assault. Some places have laws that turn an assault into an aggravated assault if the assailant is wearing a mask or something that conceals identity. "Assault" is a catch-all category that Illinois law defines as "he or she knowingly engages in conduct which places another in reasonable apprehension of receiving a battery." "Battery" involves when someone has been physically touched/ harmed, such as by a person or an object. Illinois law lists many acts that turn an assault into an aggravated assault. Included among these is wearing a mask.

In other words, if you scare someone into thinking they may be physically harmed, while you are wearing a mask, it may be aggravated assault in some states.

Illinois Penal Code: 720 ILCS 5/12‑2. Sec. 12‑2. Aggravated assault. (4) Wears a hood, robe, or mask to conceal his or her identity.

Disorderly Conduct: States and municipalities have laws against disorderly conduct. Even if your protest is legal, any person’s actions maybe illegal if they are disorderly. In some places, such as Chicago, not following police directives to disperse is disorderly conduct.

Unlawful Assembly: California’s law, quoted below, is typical. An assembly is no longer peaceable or legal if it is done in a manner that is violent, boisterous, or tumultuous. When an assembly crosses this line will be open to wide personal interpretation. If people are shouting or running around, it would be easy to call an assembly boisterous or tumultuous. California courts have interpreted boisterous and tumultuous to mean that it may imminently turn violent.

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.

Flash Mobs: Flash mob protests are probably "unlawful assembly" wherever they happen, and even moreso if masks and running are involved. If what you are doing is likely to scare people or make them think a place is under attack, then you must know .. it is illegal. ("Flash mobs" here does not mean dancing flash mobs done for fun in public places.) See: Flash Mob Protests.

Closing Time: In most municipalities, parks close at night. Some public plazas may close at night, if there is good reason for this, such as for safety or cleaning. Most public sidewalks are open all night. However, that brings us to sound.

Sound/ Noise: Most municipalities have restrictions on sound or noise out on the streets. Many places have laws that restrict the use of sound amplification systems. Check the law before you go using megaphones or an amplifier.

Where to Peaceably Assemble

Let's look at the different types of places that are present in most cities. First Amendment Peaceable Assembly rights apply differently in these different types of places.

Spaces in cities can be divided into basic categories:

1) Inside public buildings, such as City Halls, libraries, etc.

2) In the publicly-owned street. (as opposed to the public sidewalk)

3) on the publicly-owned sidewalk.

4) in a publicly-owned plaza that is open to the public.

5) in a publicly-owned park.

6) in a POPS – a privately-owned public place, which is a category that is created by zoning law in some municipalities where a developer builds a public space, such as a park or plaza, in exchange for being granted the right to build at higher density than normally allowed on that lot.

7) Privately-owned places to which the public is invited. This includes places such as shopping malls, wide sidewalks by stores, outdoor cafes, seating areas outside businesses, private parks, private trails, etc.

8) Privately-owned places to which the public is not invited. This includes places such as homes, yards, private college campuses, private schools, churches, medical facilities, offices.

9) Inside or on the grounds of a public college or public university.

10) Inside or on the grounds of a public high school.

11) Inside or on the grounds of a public grade school.

12) Publicly-owned airports.

13) Publicly-owned transportation facilities, such as publicly-owned bus depots and train stations, as well as on-board public buses and trains.

The types of laws regarding protests that usually apply in these types of places:

1) Inside public buildings, such as City Halls, libraries, etc.

Most municipalities do not allow protests inside public buildings. Protesters can attend City Council or other meetings that are open to the public, but they have to follow the rules that apply to everyone. That means being orderly and quiet, and signing in to speak and observing time limits. Signs may be prohibited inside a building or at a meeting, but the rule should be written and must apply to all. Many places prohibit the distribution of flyers or other materials in a library or public building.

2) In the publicly-owned street.

If you want to hold a protest that takes place in the street, vehicle traffic must be closed off. Cities always require a permit or approval process for this. Some cities also require insurance coverage for the event. Some cities bill for the cost of public services used. Many cities limit the length of time of such a protest with street closure to 2- 4 hours. Permits are granted or denied based on specific written criteria that must apply to all applicants regardless of their message. Keep in mind, however, that since the permit is for peaceable assembly, the groups ability and willingness to be peaceable counts.

3) on the publicly-owned sidewalk.

The public sidewalk is the MAIN place to hold protest marches. In most municipalities, you can protest on the public sidewalk without a permit. You cannot block others from using the sidewalk. That means you can take up about one-half the width of the sidewalk and must be courteous to others trying to use the sidewalk. You cannot step into the street or block traffic. In most places, you cannot sit or lie down on the sidewalk. Most places do not allow any items to be placed onto the sidewalk, such as tables, chairs, tents. Some bigger cities, such as Los Angeles, allow sleeping on the sidewalk during specific hours at night.

Most places prohibit any protests near medical facilities or churches. Many places have quiet zones, where no noise can be made near or in churches, schools, senior citizen homes, or other such places. The laws regarding protests near medical facilities are often very specific and meant to protect women seeking abortions from being harassed and endangered by protesters.

Most places have noise restrictions that limit or prohibit the use of sound amplification systems, such as public address systems, megaphones, or loudspeakers. Check the local ordinances on this. Most places also place limits on how much noise a performer can make and when. This applies if your protest has drummers, as most do. Also, most places even further restrict or prohibit any loud noise at all from the evening to the next morning. Check your local ordinances. A typical no noise at night law may go from about 8 pm till 9 am. Some places have greater noise restrictions on Sundays. It is crucial to read and know the local laws on this.

The right to protest outside of anyone’s house may be curtailed. That’s because harassment is NOT part of Free Speech. If what you are protesting is directly tied to the location, it might possibly be allowable. Each situation will be different based on the facts and local and state laws of the location. Be prepared to explain why you are protesting there.

Illinois Criminal Code 720ILCS 5/ Art.21.1) specifically prohibits "picketing" outside anyone's residence, other than outside your own. So in Illinois, it is illegal to "picket" outside a public official's home, because the home is respected as a sacrosanct refuge.

4) in a publicly-owned plaza that is open to the public.

These are usually plazas that are connected to a government building or on the town square. If a plaza has mostly stores or businesses on it, it is probably not a publicly-owned plaza - you need to check to see if it is part of a privately-owned shopping complex, for example. If you protest in a public plaza, you have to follow the same laws as everyone else using the plaza, such as closing time. Many public plazas prohibit sleeping or lying down. See the rules above for public sidewalks, because the same sorts of rules apply.

5) in a publicly-owned park.

Parks usually fall under a separate set of rules. Parks are often ruled by a separate department of a city. In some cities, such as New York, plazas are grouped with parks. Also, in some cities, certain parks have a special set of rules. In particular, different parks in the same city often have different closing times. You need to check the laws and rules before you plan to hold anything at any particular park. Many cities require a permit for any group over a certain size in the park. Most cities prohibit any camping in a park, unless the park is designed for camping. Some parks prohibit any tents at any time, or require a permit for any tent. Some parks prohibit sleeping in a park at any time. Most parks close at a certain stated time. Most parks prohibit the use of any sound amplification system without a permit. In other words, if you want to hold a protest in a park, you almost surely need to get a permit.

The rules regarding a POPS will depend on the provisions under which the POPS was created. If you want to hold a protest in a POPS, contact a lawyer to help you.

Generally, there are no peaceable assembly rights in these places. If a place is private but appears to be a public park, there may be some First Amendment rights. It all depends on the history and situation of the exact place. If you plan to do this, get help from a lawyer.

A private shopping mall has no First Amendment rights. However, in California and New Jersey and possibly a few other states, there may be free speech rights that arise, not out of the First Amendment of the U.S. Constitution, but rather out of provisions in the State constitutions. These State provisions are subject to revision or reinterpretation by the State courts. In California, for example, courts allow leafletting in private shopping malls to which the general public is invited. This right is subject to reasonable rules made by the malls.

Mall management in California has countered this situation by posting little signs at the mall entries stating that the mall is for use by patrons of the businesses in it and that trespassers are not allowed, with the intent of limiting the mall as a public forum. In other words, the general public is not invited. Malls in California also counter the "public forum" notion by programming their own space with events, such as music performances or appearances by authors, thus making their hallways and open areas into commerce areas.

Malls in California have also instituted their own permitting processes and their own time, place, and manner restrictions, as allowed under the court rulings that interpreted a right to some free speech in private shopping malls. This seems only logical, for if a private shopping mall is to be treated by the State of California as a free speech forum, then it follows that the mall has the right to impose its own reasonable time, place, and manner restrictions. California mall managers have been advised by lawyers to require leafletters to fill out an application in advance, and have them give names of all who will participate, provide copies of all materials and signs, to disallow any gory or inappropriate materials, to disallow any lights or sound amplification, to assign a time and location for the leafletting, to require insurance coverage and a fee.

In most states, in a private shopping mall, there are no First Amendment assembly rights, nor any similar rights conferred by the State Constitutions. (see notes just above about shopping malls in California.)

A privately-owned outdoor park or plaza that is open to the public might have some First Amendment rights. These laws develop and change over time. For a while in the past, any outdoor place that looked like a park and functioned as a park was considered "public," with First Amendment rights. Today, that view has changed. If you want to leaflet or hold a protest in any park or plaza, determine first if it is public or private. If it is private and you want to hold a protest there, please confer with a lawyer. You might also try calling the management of the place and asking. They might tell you of a permit or application process, or they might tell you it is off limits to free speech activity.

The best bet for a legal protest location is always the public sidewalk or a plaza adjacent to a major public government building.

8) Privately-owned places to which the public is not invited. This includes places such as homes, yards, private college campuses, private schools, churches, medical facilities, offices.

Private places do not have to allow any protest activity. At private college campuses, people often take the First Amendment activity to the public sidewalk on the perimeter of the campus. Some private colleges try to limit the First Amendment rights of their students on and off campus. Check the rules, check the laws, check with a lawyer or rights group. If you pay to attend a school that tries to restrict your basic rights off-campus, perhaps you should transfer to a different school?

Also, if you plan to protest on the public sidewalk near a church, school, or medical facility, you must check the State and Municipals laws. Some places have laws that restrict the hours and the manner in which such a protest may happen.

Illinois Criminal Code 720ILCS 5/ Art.21.1) specifically prohibits "picketing" outside anyone's residence, other than outside your own.

9) Inside or on the grounds of a public college or public university.

Public colleges and public universities are places where there are some free speech rights, but these are not unlimited. Universities are generally allowed to limit protest groups to students only and can consider non-students to be trespassers. Universities are also generally allowed to limit peaceable assembly protest to certain proscribed “free speech” areas in order to protect the State interest of providing orderly education. In many cases, these areas are too small or in inconvenient or undesirable locations where the protest will not be visible to the public. By my observation over the years, I would say that most student protests that get “out of hand” do so if the university administration is not respecting the First Amendment rights of the students, rather than from the administration failing to adequately contain the protests. The main problem most student protest leaders face is university discipline, where universities may attempt to expel or suspend them from school. If this sort of thing is happening to you, get help from a lawyer or rights group immediately. Let me repeat: Get help immediately because university "justice" systems are notoriously lacking in due process and even more lacking in unbiased decision-makers.

10) Inside or on the grounds of a public high school

Public high schools are allowed to be highly restricted places. In most cities, non-students are not allowed on the premises for any purpose, other than official school business . In most cases, no protests are allowed on the grounds of a public high school. If you can determine where the actual public sidewalk is that is on the perimeter of a public high school, you may be able to flyer or protest on that public sidewalk. However, you need to check the laws, because there may be a provision against making noise or causing a distraction or gathering for any purpose near a public high school, particularly during school hours or any time students are present. In any case, any protest must be held on the public way, not on school grounds.

You also need to check the school or district rules. I have seen a school rule at a Los Angeles public high school that prohibited the possession of flyers by a student, even in a locker or backpack. Believe it or not, the same school had a rule that prohibited a student from possessing a graffiti-style drawing, even inside a notebook. The school claimed the rules were needed to ensure an orderly education in a school that supposedly had a history of gang activity. ( "Gang" is the magic word. If a school or municipality claims a rule is in place to ward off gang activity, it can install almost any intrusion upon freedoms.)

11) Inside or on the grounds of a public grade school

Same as public high school, but with stricter controls still. If the protest is the parents protesting against budget cuts or some such thing, they should plan carefully to be at a time and location where they will not interfere with the learning process or distract the children or cause any danger or confusion that interferes with children’s’ safety. In any case, the protest must be held on the public way, not on school grounds. That means on the publicly-owned sidewalk out by the street.

12) Publicly-owned airports

Most municipalities give an airport administrator the right to control time, place, and manner restrictions on First Amendment activity within an airport. The airport may be divided into different zones, ranging from restricted to limited. For example, an airport may have specific spots where free speech activity may be conducted by a given person or small group for a limited amount of time during specific time slots. Check with the airport to find these rules. As for holding a major protest at an airport – that sounds like a good idea if you want to end out incommunicado in a hidden cell in the custody of Homeland Security. Try it and let me know how that works out for you.

13) Publicly-owned transportation facilities, such as publicly-owned bus depots and train stations, as well as on-board public buses and trains

See the rules above for airports, except they are more likely to call the local police or their own security force. You need to find and read the laws and rules. Messing with public transportation these days is likely to end in arrest or at the very least, getting kicked out. If you plan to protest in public transportation, check with a lawyer on the specifics of the exact place. If you want to contact the office of the station or transportation agency, they will tell you their policies.

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