Subtitles section Play video Print subtitles 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.
B2 US disperse police assembly freedom arrest ordered failure to disperse 24 3 Amy.Lin posted on 2018/01/07 More Share Save Report Video vocabulary