Penal Code 250.6 State's Argument

Front 1

Argument for MPC 250.6

Legitimate State Interest

Back 1

Legitimate State Interest in criminalizing conduct in a place, at a time, or in a manner not consistent with legal activity.

EX. An individual standing in an alley way, under the cover of darkness, and clenching his overcoat.

Innocent- maybe, but probably not

Front 2

Argument for MPC 250.6

Sacrificing a little conveniance for safety

Back 2

It is well known that people are willing to sacrifice a little convenience for sufficient insurance of safety

EX. Empty pockets into bin and walk through metal detector every time joe citizen walks into a courthouse

Front 3

Argument for MPC 250.6

loitering and prowling

Back 3

Loitering and prowling are commonly known words with a negative connotation.
Statute does not criminalize this activity, it only criminalizes suspect activity such as running from an officer or not complying with an officer's reasonable inquiry.

Front 4

Argument for MPC 250.6

NOTICE

Back 4

MPC gives notice to citizens to simply obey an officer's request for information. Their activity is not criminalized unless they engage in suspect activity by fleeing, concealing something, or blatantly disregarding the officer's request for information.

Small sacrifice for safety

Front 5

Argument for MPC 250.6

Further safeguard

Back 5

The statute further protects people by having the clause: "no person shall be convicted...if officer did not comply with statute or if the citizen was telling the truth to the officer and it would have been legal activity at the time.

EX. NO PERSON WITH A TRUE RATIONAL EXPLANATION FOR THEIR LOITERING OR PROWLING WILL BE CONVICTED

Front 6

Differ from MORALES

Necessity of a group

Back 6

MPC does not discriminate against a particular group of people. Officers will not be expected to distinguish between regular citizens and group members

Front 7

Differ from MORALES

Plurality discrimination

Back 7

MPC does not criminalize activity simply because conduct is done with more than one person around

Front 8

Differ from MORALES

Dispersal

Back 8

MPC does not guide the officer to instruct dispersal, which is vague but simply guides the officer to question motive for suspect activity

Inquiry is not the same as an order to disperse. Inquiry IS NOT AN IMPAIRMENT TO LIBERTY

Front 9

Differ from MORALES

Minimal Guidelines for officer

Back 9

MPC gives circumstances that may warrant alarm (fleeing from an officer, concealing of item, refusal to identify himself)

Front 10

Differ from KEELER

Scope

Back 10

MPC is broad to incorporate a variety of people that may be dangerous to the community