Chapter 23 Public Order

Question 1

Disorderly

Answer 1

Cause or risk (intended or reckless)

Public reaction (inconvenience , annoyance or alarm)

Misconduct
Fighting
Agitated or tumultuous behavior
Creating a hazard by an act w/ no purpose
Threatening to use force

In presence in public

Question 2

What is the special student policy for disorderly?

Answer 2

Anyone under 18 can’t be arrested for it if they are on school grounds

Question 3

Can disorderly occur on private property?

Answer 3

Yes

Question 4

Do fighting words count for disorderly?

Answer 4

Yes They exist if person addressed would most likely make an immediate violent response.

Different than swearing / yelling

Question 5

Examples for physical offensive condition for disorderly

Answer 5

Hazards (snapping dog on leash blocking)
Physically Offensive Acts ( urination)
Peeping Tom

Question 6

Disturbing the peace

Answer 6

Warrantless arrest in public

Objectively annoying conduct

Intentional 

Victim annoyed

Question 7

Is noise required to charge disturbing the piece?

Answer 7

No.

Ex. Naked man on fence

Question 8

Do you need to identify someone or is a 911 call enough for disturbing the peace?

Answer 8

911 call sufficient

Question 9

What is an unlawful assembly?

Answer 9

Five or more persons armed with weapons or 10 or more armed or not who are riotously or tumultuously assembled in a town Square

An assembly only becomes unlawful when its members have a common goal to engage in violent acts

Question 10

Refusing to remove a substance thrown in a public way

Answer 10

In your presence, if the suspect refused to remove the item, you could only arrest him for refusing to do that and identify himself so that you can write him a ticket

He can only be held until his identity is ascertained then given the ticket and released