discussion question

UNLAWFUL ASSEMBLY TO COMMIT A BREACH OF THE PEACE

In order to charge a subject with the offense of unlawful assembly [to commit a breach of

the peace], a misdemeanor violation of Section 870.02, Florida Statutes (2002), the arrest

form must articulate the facts and circumstances giving the arresting officer a reasonable

belief that three or more persons had gathered to commit a breach of the peace. The

surrounding circumstances must give rational persons in the area a well-grounded fear

that the assembly has as its purpose a breach of the peace. Although any act amounting to

a breach of the peace is arrestable as "disorderly conduct/breach of the peace" in violation

of Section 877.03, Florida Statues (2002), unlawful assembly makes the assembly itself

unlawful if its purpose is to commit a breach of the peace. No actual breach of the peace

need take place. An arrest for unlawful assembly must clearly show that the unlawful

purpose of the assembly was evident to the officer, e.g., a group of persons exiting a van

with the components of a "sleeping dragon" or "hanging tripod" during and in the area of

a demonstration. The arrest form should contain substantially the following elements:

(1) Indicate the date and time and specifically describe the location of the assembly;

(2) Indicate that three or more persons, including the defendant, were assembled;

(3) Describe with specificity the actions being committed that indicated that a breach of

the peace was the purpose of the assembly (defendant exited the van along with 4 other

persons in possession of the known components of a sleeping dragon in an area where

demonstrations were being held);

(4) Describe that a sleeping dragon is a devise known to you consisting of chains, PVC

pipe, etc., the purpose of which is to lock persons together to block traffic and hinder

arrests during demonstrations;

(5) Indicate that you had a reasonable fear that the purpose of the assembly was a breach

of the peace.

Example Verbiage for Arrest Form: "Defendant and four others exited a van parked on

the swale at the intersection of [describe location], during a parade and demonstration

concerning the FTAA, in possession of numerous link chains and pieces of PVC pipe

[etc.] known to this officer to be the components of a "sleeping dragon", a tactic using

those items during demonstrations to lock persons together for the purpose of blocking

traffic in the street and hindering and delaying subsequent arrests by forcing the cutting

of the components before movement from the scene. This officer had a reasonable fear

that the defendant and co-defendants had assembled for the purpose of chaining

themselves together to commit a breach of the peace as stated.

NOTE: No dispersal order is required and the participants can be immediately arrested

and charged with unlawful assembly in violation of Section 870.02, Florida Statutes

(2002).

UNLAWFUL ASSEMBLY AFTER DISPERSAL ORDER

In order to charge violators with the offense of unlawful assembly [for failure to disperse

upon order] in violation of Section 870.02, Florida Statutes (2002), the arrest form must

articulate the facts and circumstances surrounding the predicate dispersal order as

contained in F.S.S. §870.04. The arrest form must contain the following:

(1) Indicate the date and time and specifically describe the location of the gathering;

(2) Indicate that three or more persons (give an approximate amount of persons) were

unlawfully assembled by engaging in a breach of the peace;

(3) Describe with specificity the actions being committed that were a breach of the peace

or otherwise unlawful;

(4) Describe who was affected and how they were affected by the actions that caused the

breach of the peace;

(5) Describe from what location and by whom the standard dispersal order was read

declaring an unlawful assembly and commanding the crowd to forthwith disperse and

depart the area (must be read by an officer from an area as near to the crowd as safety

allows);

(6) Describe how the order was read to the crowd so as to be heard by the crowd (was the

officer facing the crowd, on a platform, using a loud speaker, using a loud voice) (how do

you know the crowd heard the order, were officers present in the back of the crowd, was

it a short distance to the back of the crowd, did the back of the crowd react by giving

defiant gestures or by leaving, etc.);

(7) Describe where the defendant was located within the area, and his actions in refusing

to disperse (did not begin to leave, sat down, stood still although others around were

leaving, stated he would not leave, gave a defiant gesture, etc.).

Example Verbiage for Arrest Form: "Defendant and over a hundred others were within

the (describe the area boundaries). At least a dozen persons in the crowd began throwing

rocks, bottles, signs, and other objects at the police officers in the area who had to take

evasive measures to avoid being injured. A Miami-Dade Police Officer then read the

standard dispersal order through a loud speaker to the crowd from in front of the crowd

commanding the crowd to forthwith disperse and depart the area in a southerly direction,

which could be heard clearly from the area behind the crowd. Some persons began to

depart the area, but the defendant remained and stood his ground upon approach by the

police. The defendant was then arrested for unlawful assembly.

DISPERSAL ORDER

I am (rank and name), a police officer for the Miami-Dade Police Department. I hereby

declare this to be an unlawful assembly and, in the name of the State of Florida,

command all persons so assembled at or within (specific location) to forthwith and

peacefully disperse and to depart the area. If you do not do so, you will be arrested or

subject to other police action. Other police action may include the use of less-lethal

munitions, which could cause significant risk of injury to those who remain. Chapter

870.04 of the Florida State Statutes prohibits remaining present at an unlawful assembly.

If you remain in this area for any reason, you will be subject to immediate arrest and

prosecution for unlawful assembly. The following routes of dispersal are available: (give

most expeditious routes of dispersal). You have (some reasonable amount of time, about

three minutes) to disperse.