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9 Cards in this Set
- Front
- Back
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1st Amendment |
3 examples of speech that are protected: 1. Political - Culture Ends 2. Economic - social 3. Educational - religious 3 examples that are NOT protected: 1. Obscenity - Defamation 2. Fraud - True Threats 3. Incitement - Child Pornography |
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4th amendment |
The 4th amendment applies by not all measures to control crowds, riots or looting ect. Necessarily implicates the 4th amendment, but some would. It requires that all search and seizures be reasonable, courts interpret this requires contextually. Seizure (arrest) - is made based on probable cause Search - participating in civil disorder does not change the rules for conducting a search of a person or their property |
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14th amendment |
The application of due process during civil disorder does not change. Individuals arrest during a civil disorder event must be afforded due process protection. |
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8th amendment |
No cruel or unusual punishments inflicted. Use of force is measured under Graham vs. Conner not the 8rh amendment. |
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Use of Force 18-1-707 |
(1) A peace officer is justified in using reasonable and appropriate physical Force upon another person when and to the extent that he reason and believes it necessary. (2) a peace officer is justified and using deadly physical Force upon another person for a purpose specified of this section only when he reasonably believes that it is necessary. |
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Riot 18-9-101 |
(2) riot means a public disturbance involving an assemblage of three or more persons which by tumultuous and violent conduct creates grave danger of damage or injury to property or persons or substantially performance of any governmental function. |
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Graham v. Connor |
Use of force In crowd management applications (including the use of less lethal munitions). All use of force applications in crowd management must meet the requirements of Graham v. Connor. Graham v Connor established Objective Reasonable standard that LE must abide by. |
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Inciting a Riot 18-9-102 |
(1) a person commits inciting riot if he; (a) insights or urges a group of five or more persons to engage in current or impending riot; or (b) gifts commands, instructions, or signals to a group of five or more persons in furtherance of a riot |
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Disobedience of public safety order under riot conditions 18-9-105 |
A person commits a class 3 misdemeanor if, during a riot or when one is impending, he knowingly disobeys a reasonable public safety order to move, dispersed, or refrain from specified activities in the immediate vicinity of the riot. |
