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  • Penal code 409 and 416 address the crime

  • of remaining at the scene of a riot or an unlawful assembly

  • after you've been ordered to disperse.

  • Now, this is sometimes called failure to disperse,

  • it's sometimes called refusal to disperse.

  • Courts have said that police and prosecutors are

  • very limited in their power to enforce this law because it has

  • the potential to infringe on your constitutional rights

  • to freedom of speech and freedom of assembly.

  • So basically, the police are only

  • allowed to arrest you for this and the DA

  • to prosecute you if it's a situation where

  • you are part of a crowd that has become violent

  • or is inciting other people to violence

  • and you're ordered to disperse and you refuse to.

  • So I'll give you an example.

  • Suppose you're participating in a demonstration

  • downtown at City Hall and you're demonstrating against police

  • misconduct and police abuse.

  • And let's say the LAPD doesn't like your message,

  • doesn't like what you're chanting, so they order

  • you to disperse and arrest you.

  • That in itself would be an example of improper police

  • conduct.

  • Because you're exercising your right

  • to freedom of speech and freedom of assembly.

  • But let's say that you're part of a crowd that

  • starts to get unruly and you start

  • throwing rocks and bottles at police

  • and vandalizing cars in the neighborhood.

  • At that point, the police could order you to disperse

  • and arrest you if you don't.

Penal code 409 and 416 address the crime

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