Los Angeles County District Attorney's Office, Emergency Plan, 1992-06

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Content Los Angeles County
District Attorney's Office
Emergency Plan
June,1992
IRA REINER, District Attorney
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Table of Contents
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Emergency Operations Manual:
Introduction
10
~tandby & Essential· Employees
11
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Emergency Response Functions
12
Emergency Operations Center
13
Bureau of Investigation
15
County Emergency Operations Centers
23
Emergency Telephone Book
24
Radio Frequencies and .
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Mobile Communications Units
25
General Survival Rules
26
Civil Disorders
26
Earthquakes
26
Explosions
26
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Fires
27
Hurricanes
27
Tomados
27
Nuclear Explosions
27
Medical Emergencies
27
Charts
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D .A. Organization
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L.A. County Operational Area
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L.A. County Organizational Chart
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D.A. Emergency Operations Center
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Forms
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Message Log
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Situation Report Form . 37
Civil Di1turbance Mgnual
Part I: Civil Disorder and Mass Arrest
Procedures: 40
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Introduction 40
Executive Staff Functions 40
Implementing Emergency Procedures 40
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District Attomey Emergency Plan 1
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Reports to the District Attorney
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Deployment of Personnel
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Office Procedures
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_ Liaison Duties
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Physical Areas of Responsibility
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Special Assignments .
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Manage Special Projects
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Security
42
Intelligence
43
Legal Advice to Law Enforcement
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Search Warrants
43
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Media/Press Relations
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Case FIiing Procedures
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General Procedures
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Abbreviation of Procedures
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Case Controller
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Master File
45
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Police Preparation
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Segregation of Mass Arrest Cases
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Priorities
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Felonies
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Filing Procedures
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Rejection Procedures
46
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Misdemeanors
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Filing Procedure
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Rejection Procedure
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Bail
48
Deviations from Bail Schedule
48
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Juvenile Procedures
48
Operational Headquarters
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Office Procedures
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Master File for Juvenile Cases
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Liaison Responsibilities
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Information Center
49
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Location
49
Staff
49
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2 District Attomey Emergency Plan
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Central Contact Place 50
Media Inquiries 50
- ··· Part II: Civil - Disturbance Legal Notebook:
so
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Introduction
Disruption and Disturbances 51
P .C. Section 403.
51
Disturbance of Public Assembly or Meeting
P.C. Section 404.
53
Riots; Definition
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P.C. Section 404.6 54
Incitement to Riot; Punishment
P.C. Section 405.
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Riots; Punishment
P.C. Section 405a.
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Lynching; Definition
P.C. Section 405b. 58
Lynching; Punishment
P.C. Section 406.
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Rout; Definition
P.C. Section 407. 58
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Unlawful Assembly; Definition
P .C. Section 408.
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Rout and Unlawful Assembly; Punishment
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P .C. Section 409.
Riot, Rout, or Unlawful Assembly; -·
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Remaining Present after Warning to
Disperse
P.C. Section 726.
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Unlawful or Riotous Assemblies Command
to Disperse
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P .C. Section 410
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Magistrate or Officer Neglecting or
Refusing to Disperse Unlawful or Riotous
Assembly
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District Attorney Emergency Plan 3
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P.C. Section 727. 63
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Unlawful or Riotous Assemblies; For
Failure to Disperse; Commanding Aid
.P.C. Section 409.5 63
Authority of Peace Officers to Close
Disaster Area; Unauthorized Entry;
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Exception
P.C. Section 415. 65
Fighting; Noise;
P.C. Section 415.5 68
Disturbance of Peace of State College or
• University; Punishment
P.C. Section 416. 68
Assembly for Purpose of Disturbing Peace
or Committing Unlawful Act; Refusal to
Disperse
P.C. Section 422. and 422.5 69
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Terrorism (Repealed 1987)
P.C. Section 71. 70
Threatening Public Officers and Employees
and School Officials
P.C. Section 602.10. 70
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Obstruction of College or University
Teachers or Students; Punishment;
Physical Force Defined
P.C. Section 647c. 72
Obstruction of Street, Sidewalk, or Other
Place Open to Public
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Assault and Resistance: Applicable Statutes 73
P.C. Section 69. 73
Obstructing or Resisting Executive Officers
In Performance of their Duties; Attempts;
Threats; Violence; Punishment
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P.C. Section 148. 74
Resisting, Delaying,or Obstructing Officer;
Punishment
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4 Dlstrtct Attorney Emergency Plan
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P .C. Section 240. 75
Assault Defined
P.C. Section 241. 76
Assault;Punishment
P.C. Section 242. · 77
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Battery Defined
P.C. Section 243. 77
Battery; Punishment
P.C. Section 245. 80
Assault with Deadly Weapon for Force
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Likely to Produce Great Bodily Injury;
Punishment
Comment to P.C. Sections 240-245 Inclusive 81
(3.3-3. 7 Hereof)
P.C. Section 417. 83
Drawing Exhibiting or Using Firearm or
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Deadly Weapon; Self-defense; Peace officers
P.C. Section 23110. 84
Throwing Substance at Vehicles
Trespass (General) 85
P.C. Section 602(J). 85
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Trespass Constituting Misdemeanors;
Enumeration (Entering with Intent to
Injure, Obstruct, or Interfere)
P.C. Section 602(1). 87
Trespasses
P.C. Section 602(P). 88
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Trespasses Constituting Misdemeanors;
Enumeration (Entering and Occupying
Without Consent) Constituting
Misdemeanors; Enumeration (Refusing or
Failing to Leave a Public Building)
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P.C. Section 602.5 89
Unauthorized Entry of Property
P.C. Section 603. 90
Forcible Entry of Property Entry;
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District Attomey Emergency Plan 5
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Vandalism •
Trespass (On School Property) 90
P.C. Section 626.2. 90
Entry Upon Campus of Facility of State
College or University After Written Notice
of Suspension or Dismissal Without
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Permission; Punishment
P.C. Section 626.4 92
Notice of Withdrawal of Consent; Report;
Action on Report; Reinstatement of
Consent; Hearing; Unlawful Entry Upon
• Campus or Facility; Punishment
P.C. Section 626.6. 96
Committing Act, or Entry Upon Campus or
Facility to Commit Act, Likely to Interfere
with Peaceful Activities; Direction to
Leave; Refusal to Leave or Re-entry;
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Punishment
P.C. Section 626.8. 99
Disruptive Presence at Schools
P.C. Section 626.9. 100
Firearms; Bringing into or Possession of,
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Upon or Within Public Schools and
Grounds; Exceptions
P.C. Section 626.10. 101
Dirks, Daggers Knives or Razors; Bringing
Into or Possession of, Upon or Within
Public Schools and Grounds; Exceptions
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P.C. Section 653g. 104
Loitering About Schools or Public Places;
Punishment
Possession of Firearms, Weapons and Explosives: 105
P.C. Section 12020. 105
Blackjacks, Etc.; Manufacture, Sale or
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Possession, Concealed Explosive or Dagger;
Offense; Punishment; Exemption
P.C. Section 12025. 106
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6 District Attomey Emergency Plan
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Carrying Weapon Concealed within Vehicle
or on Person; offense; Arms in Holsters or
Sheaths
. P.C. Section 12031. 106
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Carrying of Loaded Firearms;
Misdemeanors Exceptions
P.C. Section 12220. 107
Unauthorized Sale, Possession or
Transportation; Punishment
P.C. Section 12301. 108
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Definition (of "Destructive Device" and
"Explosive")
P.C. Section 12303. 109
Possession; Other than Fixed Ammunition;
Punishment
P.C. Section 12303.1 109
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Carrying or Placement of Explosive or
Destructive Device on Passenger Vehicle,
Aircraft, Car or other Vehicle; Punishment
P.C. Section 12303.2. 110
Possession of Destructive Devices or
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Explosives In or Near Certain Places;
Felony; Punishment 111
P.C. Section 12303.3.
Wrongful Possession, Explosion, Etc., of
Destructive Device or Explosive with Intent
to Injure or Intimidate Person or to Injure
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or Destroy Property; Felony; Punishment 111
P.C. Section 12309.
Unlawful Explosion or Ignition of
Destructive Device or Explosion Causing
Bodily Injury; Felony; Punishment 111
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P.C. Section 12310 .
Unlawful Explosion or Ignition of
Destructive Device or Explosive Causing
Death, Mayhem or Great Bodily Injury;
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District Attomey Emergency Plan 7
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Felony; Punishment
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P.C. Section 12312. 111
Possession of Materials with Intent to
. Make Explosive or Destructive Device
P.C. Section 12401. 113
Tear Gas
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P.C. Section 12402. 113
Tear Gas Weapon
P.C. Section 12420. 114
Sale, Possession or Transportation;
Punishment
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P.C. Section 12552. 114
Furnishing Firearms, Air Guns, Etc., to
Minors without Parental Consent
Damage to Property 114
P.C. Section 451. 114
Arson of Structure, Forest Land, or
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Property; Great Bodily Injury; Inhabited
Structure or Property; Owned Property;
Punishment
P.C. Section 452. 115
Unlawful Causing a Fire of Any Structure,
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Forest Land or Property; Great Bodily
Injury; Inhabited Structure or Property;
Punishment
P.C. Section 453.
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Possession of Flammable, Explosive or
Combustible Material or Substance, or
• Device; Intent; Possession, Manufacture or
Disposal of Fire Bomb
P.C. Section 454. 117
Violation of Arson Statutes During and
within Area of State of Insurrection of
State of Emergency; Punishment
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P.C. Section 455. 118
Attempts; Acts Preliminary or in
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8 District Attomey Emergency Plan
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• Furtherance; Punishment; Attempt to Burn
Defined
P .C. Section 594.
118
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Vandalism; Penalty
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P.C. Section 594.3~
120
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Vandalism to Church, Synagogue, Building
of Religious Educational Institution or
other Place of Worship
Miscellaneous Statutes
121
City Ordinances
121
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Lame Section 41.18.
121
Obstructing Sidewalk
Lame Section 41.19.
122 ,
Public Assemblages Obstructing Entrance
Lame Section 55.07.
122
Demonstration Equipment Prohibited
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Lame Section 80.02.
123
Obedience to Police
Lame Section 103.111.
123
Parades
County Ordinances
124
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Source of Information:
124
County Ordinance Clerk
Source of Information:
124
Sheriff Department's Legal Section
Defenses
124
Pitchess Motions
125
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Discriminatory Law Enforcement
125
Police Agent Attending Attorney- Client
Conference
126
Unlawful Arrest
127
Excessive Force Used by Officer
127
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Giving Advice to Officers In the Field
128
Unlawful Assembly (Definition)
129
What Police May Do
130
Advantages of This Approach
130
Appendix A
133
Subject Index
136
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District Attorney Emergency Plan 9
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Introduction
A number of recent studies predict that Los Angeles
County will be hit by a major earthquake within the
not-so-distant future. If this occurs, .. normal
communications may be disrupted, and some time
may elapse before emergency communications will be
established. The personal and social consequences of
the disaster will create additional law enforcement
problems for our office.
Some knowledge of Los Angeles County's disaster
planning process will help you understand where the
District Attorney's Emergency Plan fits. In this
county, there are two kinds of disaster plans. The
first, called a ''building emergency plan," represents
traditional disaster planning. This plan deals with
escape routes, evacuations, fire drills, emergency
supplies and the like. Most of us will never see a
building emergency plan, but we may notice its
results in the form of strategically placed evacuation
signs or the new battery powered backup lights in
stairways. Only the "major tenant" of each county
facility prepares a building plan. In the Criminal
Courts Building, for instance, the Marshal's
Department is the major tenant.
The second kind of emergency plan is a "department
emergency plan." This manual is such a plan. Its
purpose is to help our office continue to function after
a disaster. It divides office personnel into two
categories, "Standby" and "Essential." If you are
classified as "Standby", as most of you will be, simply
reading the next page will tell you what the office
requires from you immediately after a major
disaster.
l O District Attomey Emergency Plan
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Standby & Essential Employees
Standby Employees:
Most of you will be in this category. You are the
people who do not have specific -emergency duties
when an earthquake or other disaster occurs. If you
are working during the event, you are asked simply
to use your best judgment and follow instructions. If
you are at home when an earthquake occurs, you
may wait until the next working day to call your
office, or the closest branch office, for instructions. If
your office is functional, you should report to work as
usual. If you are needed sooner, somebody will call
you.
Essential Employees:
Most "Essential" employees will be head deputies,
assistant head deputies, and investigators. If a
disaster occurs while you are at work, you should
follow steps 3 and 4, listed below. If the event occurs
while you are at home, you will be expected to
respond to a location, probably your normal work
place, as soon as possible. Once there, you will
review damages and direct emergency efforts.
Immediately after learning of the disaster ,essential
employees should take the following steps:
(1) Turn to an emergency broadcast frequency on
your home radio to learn if your assigned
location is badly damaged. All Southern
California radio stations carry disaster news or
will direct you to a station that does.
(2) If you suspect that your location has been
damaged, report there, day or night, as soon as
your own personal and family needs have been
addressed. (If you believe your assigned
District Attomey Emergency Plan 11
location has not been damaged, you may report
there early the next day.)
(3) Once you arrive at your assigned location, take
.. - -.action according to your best judgment to
protect personnel and property. Investigators
will be assigned to assist in these efforts.
( 4) Report the status of your location(s) to the
Emergency Operations Center, as soon as
possible. Branch offices should check on the
status of their subordinate office(s) and report
same to the EOC.
Emergency Response Functions
After any major disaster the following functions
must be performed. The list below describes each
function and tells who will be responsible for
performing it.
1. Implementation of the Department Emergency
Plan will be ordered by the District Attorney
or a person designated by him.
2.
3.
4.
Activating the Emergency Operations Center
is the responsibility of the Bureau of
Investigation.
Resource and Logistical Support (during the ·
initial stages of the emergency) is the
responsibility of the Bureau of Investigation.
It will coordinate the allocation and
dispatching of personnel and resources.
Search & Rescue operations are everyone's
responsibility. Trapped victims who are
removed from rubble within three hours and
given first aid have a very good chance of
12 District Attomey Emergency Plan
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surviving.
5. Dama~ Assessment is the responsibility of
the person in charge of an office .
6. Disaster Mana~ment, like normal day-to-day
operations, will be the job of the office
management staff. The Bureau of
Investigation will assist by setting up an
emergency communications system .
7. Law Enforcement functions of disaster
intelligence, prosecution support, and
providing assistance to the Sheriff's
Department are assigned to the Bureau of
Investigation .
8. Fiscal Claiming and Accounting is the
responsiblity of the Bureau of Management &
Budget. Federal reimbursement depends upon
accurate reporting of damage costs and
employee time .
Emergency Operations Center
In the event of a disaster, the DA Command.Center
will become the Emergency Operations Center
(EOC). If the Command Center cannot function
because of damage, two additional locations are
available to serve as EOCs. The first is the Family
Support Investigations Section in Commerce. The
second alternate is the Welfare Fraud Investigations
Section. These locations were chosen because they
are located far enough away from the Criminal
Courts Building to possibly escape earthquake
District Attomey Emergency Plan 13
damage, and both possess multiple telephones and
radio equipped cars. The EOC will be staffed by
Bureau of Investigation personnel.
There are many functions that must be performed
during a serious emergency. To help eliminate some
of the confusion, specific individuals and their
backups will be trained and assigned to one or more
of the following EOC Duties.
commandec
This person runs the EOC at the direction of
executive staff. He or she advises the District
Attorney of operational requirements and
commitments. He or she allocates personnel and
equipment and evaluates situations
for action. The EOC commander coordinates with
other agencies and implements mutual aid and
support activity when directed to do so by the District
Attorney.
Assistant commander;
This person assists the EOC Commander, and
prepares status reports for authorized personnel.
Dispatcher/Night Duty investigator;
The dispatcher handles radio traffic according to
emergency procedures in the Command Center
Manual.
Assistant Dispatcher;
The assistant dispatcher relieves the dispatcher and
records events that take place during the emergency.
He or she logs all incoming directives, radio traffic,
status reports and the like.
14 District Attorney Emergency Plan
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Personnel Officer:
The individual assigned to this position assists in
deployment of personnel and coordinates the
tabulation of disaster costs. A log of messages
received and action taken will also be maintained .
procurement Officec
The procurement Officer maintains an inventory of
available supplies and equipment and will arrange
for the purchase of supplies if necessary .
Intelligence Officer:
The disaster intelligence Officer collects and logs
information regarding law enforcement problems in
the county such as communicable disease problems, .
hazardous substance problems affecting water,
sewage, and solid waste problems .
Public Information Officer:
The public information Officer coordinates news
releases and public announcements with the District
Attorney and county Public Information Officer. In
addition, he or she keeps EOC Commander apprised
of all information received.
Transportation Officer:
The responsibility of this position is to maintain an
inventory of all public and private transportation
vehicles, and coordinate the transportation of
supplies and personnel.
Bureau of Investigation
District Attorney investigators have important roles
to perform in the emergency plan. Bureau
investigators are responsible for activating the
emergency operations center. Most investigators
District Attorney Emergency Plan 15
will be classified "essential" and will respond to a
specific facility in case of emergency. Once at the
location you will have the job of assessing damages,
and assisting the head deputy. If you are the only
employee able to respond, you must initiate action. If
not assigned specific emergency duties, investigators
may be directed to assist the Sheriffs Department.
This plan calls for investigators to go to damaged
locations. Investigators will be assigned to one or
more of the locations their units · are responsible for
checking under this plan. Their supervisors will tell
them specifically where to report. When
investigators arrive at a damaged location, they
should take steps to protect office personnel and
equipment.
Immediately upon learning of a disaster,
investigators should do the following:
(1) Tum on the emergency broadcast frequency to
learn where major damage has occurred.
(2) If your location is in a major damage area,
report there as soon as possible.
(3) Upon your arrival, assist the head deputy or, in
his/her absence, initiate action yourself.
(4) Notify the EOC of the situation, in all cases,as -
soon as possible.
Investigative Assignments:
Under this plan, each of this department's offices is
assigned to one of the Bureau of Investigation's units.
The latter are responsible for assessing and reporting
the condition of the offices and rendering assistance,
as needed. The Bureau's units and the offices they
are responsible for are as follows:
16 District Attomey Emergency Plan
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Antelqpe Valley Branch investigators are responsible
for:
1.
2 .
Antelope Valley Branch (805) 945-6461
1110 W. Avenue J, Lancaster 93534
A.V. Family Support (805) 949-6570
43770 15th St. West, Suite 240, Lancaster
Central lnyestiptiqns investigators are responsible
for:
1. Criminal Courts Building (16th Floor)
CqmptQn Branch investigators are responsible for:
1. Compton Branch (310) 603-7483
200 W. Compton Blvd., Rm. 700, Compton
2. Compton Juvenile (South)(310) 603-7462
200 W. Compton Blvd., Rm. 703, Compton
Cqnsumer Protection investigators are responsible
for:
1.
2 .
3.
4.
5.
6.
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Consumer Protection (213) 97 4-3981
Hall of Records, Rm. 540-9, L.A.
Bad Check Enf., Rm. 1000(213) 974-5951
Mgt. & Budget Rm. 540 (213) 974-3516
Major Fraud Rm. 780 (213) 974-3941
Nursing Home Rm. 340 (213) 974-5905
Sex Crimes Rm. 777 (213) 974-6841
Special Crimes. Rm. 780 (213) 974-5986
Environmental Crimes investigators are responsible
for:
1.
2 .
3.
Environmental Crimes (213) 974-6810
Hall of Records, Rm. 348
Appellate Div./HABLIT (213) 974-5911
849 S. Broadway, 11th Floor, L.A.
Psychiatric Section (213) 226-2936
1150 N. San Fernando Rd., L.A. 90065
District Attomey Emergency Plan 17
4. Services & Supplies (213) 744-4251
2615 So. Grand Ave., L.A.
Family Support investigators are responsible for:
1. Family Support Section · (213) 889-3350
5770 Eastern Ave., Commerce
2. Establishing the alternate EOC.
3. Div. Il HQ., Commerce (213) 889-3416
4. URESA HQ., Commerce (213) 889-3441
5. East L. A. Area Office (213) 780-2032
214 S. Fetterly Ave. Rm. 201, LA
Fraud Section investigators are responsible for:
1. Major Fruad Section (213) 974-3665
CCB, Rm. 12-514
2. All DA offices on 12th Floor, CCB
3. Grand Jury Advisor (213) 974-3993
CCB, Rm. 13-303
Hardcore-Central investigators are responsible for:
1. Hardcore-Central Section (213) 974-3691
CCB, Rm. 16-103
2. Firestone-Florence Office (213) 744-4201
1945 So. Hill St. Rm. #208, LA, Ca. 90007
3. Huntington Park Office (213) 586-6338
6544 Miles Ave. H.P., Ca. 90255
4. Eastlake Juvenile (213) 226-8955
1601 East Lake Ave., Los Angeles, Ca.
Lon~ Beach Branch investigators are responsible for:
1. Long Beach Branch (310) 491-6301
415 W. Ocean Blvd., Rm. 305, Long Beach
2. Catalina Justice Court (310) 510-0026
215 Summer Ave., Avalon 90704
3. Long Beach Juvenile (310) 491-6349
333 W. Broadway, Rm. 101, Long Beach
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4. San Pedro Branch Court (310) 519-6029
505 S. Center Ave., San Pedro, Ca. (Div. 85)
Norwalk Branch investigators are responsible for:
1. Norwalk Branch (310) 807-7212
12720 Norwalk Blvd., Rm. 201, Norwalk
2. Bellflower Area Office (310) 804-8089
10025 E. Flower St. Bellflower
3. DA Support Systems (310) 940-2172
9150 E. Imperial Hwy. Downey, Ca.
4. Downey Area Office (310) 803-7100
7500 E. Imperial Hwy. Rm.305, Downey, Ca.
5. Los Padrinos Juvenile (310) 940-8827
7281 E. Quill Dr. Downey, Ca.
6. Southgate Area Office (213) 563-4037
8640 California Ave. So. Gate 90280
7. Whittier Area Office (310) 907-3190
7339 S. Painter Ave. Whittier, Ca.
Omanized Crime investigators are responsible for:
1. Organized Crime Section (213) 974-3600
CCB, Rm. 17-702
2. Criminal Courts Building (18th Floor)
Pasadena Branch investigators are responsible for:
1. Pasadena Branch (818) 356-5620 ·
300 E. Walnut St., Rm. 103, Pasadena
2. Alhambra Area Office (818) 308-5302
150 W. Commonwealth, Alhambra
3. (Burbank P.D. Office) (818) 953-8715
300 E. Olive Ave., Burbank
4. Glendale Area Office (818) 500-3592
600 E. Broadway, Rm. 280, Glendale
5. Pasadena Juvenile (818) 356-5785
215 N. Marengo St., Pasadena
6. Santa Anita Area Office (818) 301-4053
District Attorney Emergency Plan 19
300 W. Maple Ave., Monrovia, Ca.
Pomona Branch investigators are responsible for:
1. Pomona Branch (714) 620-3350
400 Civic Center Plaza, Rm. 201
2. Vic/Wit Clm. Verification Unit
(818) 459-8851
9537 Telstar Ave., Rm. 127, El Monte
3. El Monte Area Office (818) 575-4155
11234 E. Valley Blvd. El Monte, Ca.
4. West Covina F.S. Div. III (818) 858-2505
2934 E. Garvey Ave.,3rd Fl.,West Covina
5. Pomona Juvenile (714) 620-3330
300 S. Park Ave., Rm. 620, Pomona
6. West Covina Area Office (818) 813-3301
1427 West Covina Parkway, Rm. 68, W.C.
7. Contract Cities Section (818) 575-4285
11234 E. Valley Blvd., El Monte
San Fernando Branch investigators are responsible
for:
1.
2.
3.
4.
San Fernando Branch (818) 898-2511
900 3rd St., 3rd Fl., San Fernando
Newhall Area Office (818) 984-0610
23747 W. Valencia Blvd., Valencia
Reseda Family Support (818) 708-4311
18040 Sherman Way, Reseda
Sylmar Juvenile (818) 364-2122
16350 Filbert St., Sylmar, Ca.
Santa Monica Branch investigators are responsible
for:
1.
2.
Santa Monica Branch (310) 458-5351
1725 Main St., Santa Monica
Beverly Hills Area Office (310) 288-1246
9355 Burton Way, Rm. 300, Beverly Hills
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Calabasas Court (818) 222-1800
5020 N. Parkway, Calabasas,
Culver City Office (310) 202-3102
4130 Overland Ave. Culver City
Malibu Office . (310) 317-1343
23525 Civic Center Way Malibu
West Los Angeles Office (310) 312-6501
1633 Purdue Ave., Los Angeles
Stuart House (310) 319-4210
1336 16th Street, Santa Monica
SID Section investigators are responsible for:
1. Criminal Courts Building (17th Floor)
Torrance Branch investigators are responsible for:
1. Torrance Branch (310) 533-3552
825 Maple Ave., Torrance
2. Torrance Family Support (310) 354-6308
20221 S. Hamilton, Torrance
3. El Segundo Family Sup. (310) 297-2304
621 Hawaii Street, El Segundo
Van Nuys Branch investigators are responsible for:
1. Van Nuys Branch (818) 374-2400
6230 Sylmar Ave., Rm. 201, Van Nuys
2. Family Support Div. I (818) 708-4301
18040 Sherman Way Reseda, Ca.
3. Van Nuys PHU (818) 374-2475
14400 Erwin Street Mall, B-116, Van Nuys
District Attorney Emergency Plan 21
Welfare Fraud investigators are responsible for:
1. Recipient Welfare Fraud (213) 418-3360
1326 West Imperial Hwy., Los Angeles
2. Set Up 2nd Alternate EOC. .
3. Inglewood Area Office (310) 419-5182
One Regent St., Inglewood
4. Inglewood Juvenile (310) 419-5255
One Regent St., Rm. 600, Inglewood
5. Juvenile Justice Center (213) 586-6103
7625 S. Central Ave., Los Angeles
22 D•trlctAttomeyEmergencyP~n
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County Emergency Operations
Centers:
L.A. Co. (EOC)
1277 N. Eastern Ave. Los Angeles, Ca. 90063
Command Center: 213 . 267-2504
Disaster Cont.: · 213 267-2584
L.A. Co District Attorney (EOC)
210 W. Temple St. Los Angeles, Ca. 90012
Command Center 213 97 4-3607
L.A. Co. Fire Department (EOC)
1320 N.Eastern Ave. Los Angeles, Ca. 90063
Command Center: 213 268-9837
L.A. Co Marshal's Office (EOC)
210 W. Temple St. Los Angeles, Ca. 90012
Command Center: 213 974-6333
L.A. Sheriffs Emergency Center
1277 N. Eastern Ave. Los Angeles, Ca. 90063
Command Center: 213 267-2550
L.A. City Fire Department (EOC)
200 N. Main St. Los Angeles, Ca. 90012
Command Center 213 485-6185
L. A. Police Department (EOC)
200 N. Main St. Los Angeles, Ca. 90012
Command Center: 213 485-5191
District Attorney Emergency Plan 23
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Emergency Telephone Book
Ambulance (213) 483-6721 District Attomey's Office cont:
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County Security: (213) 97 4~9572 (2nd Alt. EOC) (213) 418-3336
Children's Services (213) 97 4-9844 (213)418-3331
District Attorney (213) 974-3501 (213)418-3341
Chief Deputy (213) 97 4-3505 (213) 418-3350
Command Post (213) 97 4-'3f:JJ7 (213)418-3631
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(213) 97 4-3609 (213)418-3333
(213)974-3510 (213)418-3337
(213)974-3617 (213)418-3363
(213)974-3618 (213) 418-3634
(213) 97 4-3621 (213)418-3332
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(213) 97 4-3622 Judges' Lounge (213) 97 4-5494
(213) 97 4-3623 L.A.P.D. (213) 625-3311
(213) 97 4-3624 Los Angeles Fire Dept. (213) 384-3131
(213) 97 4-3629 Marshal's Dept (213) 97 4-6354
Duty Desk (213) 974-3611 (213) 97 4-6333
• 12th Floor (213) 97 4-3665 Probation Lockup (213) 97 4-4593
Family Support (213) 889-3350 Public Defender (213) 97 4-2892
(213)889-3351 County Guards (24hr) (213) 97 4-9555
(213) 889-3359 Sheriffs Bailiff Office (213) 97 4-4851
(213) 889-3363 Sheriff's Bomb Squad (213) 97 4-4351
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(213) 889-3356 (24hr) (213)974-7422
(213)889-3357 Sheriff's Operations (213) 97 4-4836
(213) 889-3353 Sheriffs Transportation (213) 97 4-4581
(213) 889-3358 (213) 974-4591
(213) 889-3352 Superior Court Clerk (213) 97 4-5286
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(213)889-3364 Jury Assembly (213) 974-5816
Welfare Fraud (213) 418-3'3{:JJ
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24 District Attomey Emergency Plan
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Radio Frequencies and
Mobile Communications
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Units
Mobile Communications Units
(Channel 1: 453.575)
(Channel 2: 453.775)
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Antelope Valley Branch 1 1
Environmental Crimes 5 0
Compton Branch 3 6
Criminal Courts Building 35 27
Bureau of Family Support 8 12
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Long Beach Branch 1 2
Norwalk Branch 1 3
Pasadena Branch 1 1
1 .
Pomona Branch 1 2
Recipient Welfare Fraud 4 5 I
San Femando Branch 1 3
Santa Monica Branch 1 3
Torrance Branch 1 2
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Van Nuys Branch 1 3
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District Attorney Emergency Plan 25
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General Survival Rules
During Emergencies
Civil Disorder: .
It is probable that looting or other criminal mob
activity will occur after a major emergency. The
resulting mass arrests will place special strains on
our department.
Follow Instructions! You may be diverted from your
normal duties to help the department through the
emergency. If you are called upon to assist during a
civil disturbance, you should be familiar with the
portion of this manual dealing with civil
disturbances.
Earthquakes:
Quickly move away from windows, shelves, cabinets
and glass partitions. Crawl under something sturdy
and try to stay calm. You are probably safer on the
top floor of a tall building than you would be on the
street. Most bodily injury or death from an
earthquake is caused by falling glass or debris from
damaged buildings or structures. (See Interim
Policies/Procedures on Earthquake
Predictions/ Advisories in Appendix A).
Explosions:
The Building Emergency Coordinator will order an
evacuation of the building after an explosion of any
type. A real danger after an explosion is the possible
existence of a secondary (delayed) explosive device, or
of gas leakage or fire. Above all, be calm and follow
26 District Attorney Emergency Plan
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orders.
Fires:
-Call the fire department . immediately! Be prepared
to tell firefighters the exact address and room
number of the fire. Don't assume someone else called
in the fire!
Alert all others in the immediate area. Yell, pull the
fire alarm or whatever it takes. Advise everyone to
leave the area immediately. Then, when and if it is
safe to do so, close all open windows and leave the
area yourself. Close the door behind you.
Hurricanes, Tomados, Nuclear Explosions:
FOLLOW INSTRUCTIONS. There is usually
warning time when these disasters occur.
Stay away from exterior walls and windows and exit
into central corridors.
Walk, don't run to the nearest enclosed stairwell. Do
not use exterior fire escapes. Do not use elevators.
Don't panic! Don't pay attention to rumors. Rumors
are generally unfounded and lead to panic. ·
Medical Emergencies:
Prepare yourself to describe the exact location of the
injured person, the apparent nature of the injury and
the condition of the victim, then call an ambulance.
Next, call your Building Emergency Coordinator who
can often dispatch a first-aid team, and provide
accommodations for the responding agency.
District Attorney Emergency Plan 27
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Organized Crime Division
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OFFICE OF THE DISTRICT ATTORNEY
ADMINISTRATION
District Attorney
Chief Deputy DA
I I
Bureau of Bureau of
Bureau of
Assistant DA
Special Investigations
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Bureau of
Bureau of
Special Branch & Area
Central
Public Affairs
Family
Operations Operations Operations Support
Operations
District Attomey Emergency Plan 29
LOS ANGELES COUNTY
OPERATIONAL AREA
I OFFICE OF
j EMERGENCY
I MANAGEMENT
! CHIEF
I ADMINISTRATIVE
i OFFICER
FEDERAL EMERGENCY
MANAGEMENT AGENCY
. -CALJFORNIA OFFICE OF
EMERGENCY SERVICES
. f
LOS ANGELES COUNTY
BOARD OF SUPERVISORS
- OPERATIONAL AREA
COORCJNATOR
CHAIRMAN
'
DIRECTOR OF
: CCIAECTOA)
i
- EMERGENCY OPERATIONS
DEPARTMENT
Eoc·s
• SHERrF-r-
• FIRE
• PUS WCNICS
• ME ALT M
• PUS SOC
SEAY
• INTERNAL
SERV
• CORONER
• CAO
I
SHERIFF
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COUNTY OF LOS ANGELES
EMERGENCY OPERATIONS
CENTER
INCLUDES LJAISON FROM
FEDERAL. STATE l LOCAL
GOVERNMENT AS NEEDED
·"
SHERIFF
OTHER ENTITIES
STATION
.I •·
AS REQUIRED
eoc·s
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-- COUNCI~
I
• CAO c CNAaawAN, /
• SNlaa,, fYICI C>UI.MAN 1
• ,oa11T1• • ,,., ••01 ,.1·
• oaa. 1tu11.ac wo•aa·
• o,a. NIA&.rN 11av1c11
• o,a. ••'••••&. 11av,c1s
• o,a. l'UI IOCIAL a1•v1c1s
1x-o,,,cao w1w11a1
• co•o•••
• IU~la111TINDINT o, 10
• COUNTT cou••··
I
CITY OF
LA eoc
OTHER
o,EAATICNA&.
AREA
eoc·s
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I~~;~
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AREA
C:VIL OEFENSE
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COORDINATOR
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LOS ANGELES COUNTY
ORGANIZATIONAL CHART
CITY OF
LOS ANGELES
EOC
DEPARTMENTS'
SUB-EOC'S
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INDEPENDENT
CITYEOC
BOARD OF SUPERVISORS
COUNTY
EOC
COUNTY DEPARTMENT
EOC'S
SHERIFF
FIRE
PUBLIC WORKS
HEALTH
PUBLIC SOCIAL SERVICES
INTERNAL SERVICES
CHIEF ADMIN. OFFICE·
CORONOR
OTHER DEPARTMENTS
INDEPl:NDENT
CITYEOC
EMERGENCY
MANAGEMENT
COUNCIL
SHERIFF
STATION
EOC'S
INDEPENDENT
CITYEOC
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OFFICE OF THE DISTRICT ATTORNEY
EMERGENCY OPERATIONS CENTER
ORGANIZATION·CHART
District Attorney
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Public
Information
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EOC Commander
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Asst. Director B.O.M.B.
Asst. EOC Commander
(Special Operations Captain)
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Procurement PersonneVFiscal Transportation Intelligence Dispatcher
(Operations Lt) (Org. Crime Lt.) &Assistants
District Attomey Emergency Plan 33
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TIME FROM
DISTRICT ATTORNEY'S OFRCE
EMERGENCY OPERATIONS CENTER
MESSAGE LOG
MESSAGE
Complete/
Initials
District Attorney Emergency Plan 35
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DISTRICT ATTORNEY'S OFFICE
EMERGENCY OPERATIONS CENTER
SITUATION REPORT FORM
Date: ______ Time: _____ Location: _________ _
• Person Reporting: ____________ Recorder: ______ _
Operational Phone No.'s:
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Operational Status:
No. Investigators Available:
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No. Investigators Re-assigned:
No. DDA's Available:
No. Civilians Available:
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No. Vehicles Available:
No. Radios Available:
• Facilities Status:
• Other Information:
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Los Angeles County
District Attorney's Office
Civil Disturbance Plan .·
39
Part I
Civil Disorder and Mass Arrest
Emergen.cy Procedures
Introduction
It is the obligation of the District Attorney's Office to
meet extraordinary demands that would be placed
upon us in a civil disorder/mass arrest situation. We
must make fair and consistent crime charging
decisions, based upon the most complete and
accurate information obtainable. There must be fair
and evenhanded prosecution of those who violate the
law and full protection of those who lawfully exercise
their constitutional rights.
It is vital that freedom of speech and assembly be
preserved. It is also essential that law enforcement,
including the office of the District Attorney, respond
to criminal conduct which constitutes a threat to
public safety.
The following procedures are an attempt to
anticipate problems and mitigate the disruption to
this office and the other components of the criminal
justice system caused by the sudden influx of large
numbers of arrestees. ·
Executive Staff Functions
Implementing Emergency Procedures
It will be the general responsibility of the executive
staff to implement these emergency procedures and
any other instructions of the District Attorney.
40 District Attomey Emergency Plan
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Reports to the District Attomey
Each member of the Executive Staff will provide an
inventory of available personnel, facilities, equipment
and supplies from his or her Bureau to meet the
emergency .
Each member will provide an ongoing situation
report regarding any emergency existing within his
or her area of responsibility.
Deployment Of Personnel
Each member of the Executive Staff may
immediately reassign any employee within his or her
Bureau to: another work location; additional or
different duties than those ordinarily performed by
that employee; or a different schedule of work hours .
Each member may approve overtime to be worked by
such employee necessary to meet the emergency.
Each employee will be responsible for keeping
records of any overtime hours he or she works .
Each member may cancel previously scheduled
vacation and other approved time off for any such
employee.
Office Procedures
Each executive staff member may temporarily amend
ordinary office procedures, reporting and
"paperwork" requirements within his or her Bureau.
Liaison Duties
Bureau Directors will establish and maintain
necessary communication and coordination with the
District Attorney Emergency Plan 41
respective law enforcement agencies, presiding or
supervising judges of the Municipal and Superior
Courts, city prosecutors, court clerks, and other court
fldroinistrators .as necessary.
Physical Areas Of Responslblllty
Each member is responsible for the management of
personnel and other resources assigned to his or her
bureau by the Chief Deputy under these emergency
procedures.
Special Assignments
Manage Special Projects
The Executive Staff shall, during any emergency,
direct all special assignments, including security and
intelligence, legal advice to law enforcement, search
warrants, and media/press relations, as described
below.
Security
The Bureau of Investigation will be responsible for
the security of District Attorney personnel, facilities
and equipment. The Bureau of Investigation will
maintain contact with all building security personnel
for each District Attorney facility.
The Bureau of Investigation will maintain liaison
with all law enforcement agencies, as necessary, for
the protection of this office's personnel, facilities and
equipment.
As part of its security function, the Bureau of
42 District AHomey Emergency Plan
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Investigation will transport personnel and equipment
as requested by any Bureau Director .
. The Bureau of Investigation will maintain liaison
with appropriate mechanical and building
maintenance supervisory personnel in order to insure
access and functioning utilities, on a 24-hour basis, in
all buildings used by this office.
Intelligence
The Bureau of Investigation will gather and evaluate
intelligence from other law enforcement agencies.
The Bureau of Investigation and the Bureau's
Organized Crime Division are responsible for
intelligence reports to the executive staff .
Legal Advice to Law Enforcement
The legal personnel in the Organized Crime Section
have the primary responsibility for providing legal
advice to law enforcement officers during a civil
disorder/mass arrest situation. This responsibility
can be delegated by the executive staff as necessary.
Search Warrants
The Organized Crime Section shall have primary
responsibility for approving, drafting and
coordinating search warrants sought by law
enforcement agencies related to investigation of the
public disorder resulting in a mass arrest. This
responsibility may be delegated by the executive staff
as necessary.
District Attorney Emergency Plan 43
Media/Press Relations
The News Secretary shall be responsible for news
releases. All information or statements concerning
the functioning of this office, any particular incident
or arrestee, must be approved by the executive staff
before release.
Case Filing Procedures
General Procedures
To the greatest extent possible, existing case filing
procedures will be followed.
A mass arrest situation will increase the volume of
cases. We can respond to these demands by
increasing work output, relocating staff, and
expanding work schedules.
Abbreviation of Procedures
Non-essential information and extensive narratives
should be eliminated from the forms required at the
complaint filing stage.
Case Controller
One person will be designated by the supervising
deputy as the case controller. the case controller will
maintain the Master File and check in all filing
officers.
The liaison or filing Officer must check in with the
case controller and give the case controller the first
copy of the Complaint Assignment Card. the case
controller immediately files this card alphabetically
in the Master File so it is available for information
44 District Attomey Emergency Plan
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purposes. After the case has been reviewed, the
second copy of the Complaint Assignment Card is
given to the case controller with the case number and
the bail amount listed on the bottom. the case
controller staples this copy to the original card in the
Master File .
Master FIie
A master file of all Complaint Assignment Cards is to
be established and maintained. Each card must the
following information:
1. Name of Arrestee
2. Custody Status and Location
3. Charges
4. Bail
5. Case Number
6. Law Enforcement Agency
7. Officer's Name, I.D. Number, and Station
Police Preparation
The liaison or filing officer must submit three copies
of each police report plus an additional copy for each
additional defendant. This officer must fill out the
Complaint Assignment Card. Each felony case
presented must have a completed Police Data Sheet
unless dispensed with by the Bureau Director.
Segregation Of Mass Arrest Cases
Separate blocks of case and "A" numbers are to be
assigned to cases resulting from the emergency.
This will allow these cases to be tracked through the
criminal justice system without additional
"earmarking."
District Attomey Emergency Plan 45
Priorities
Custody cases must be considered first. Felony
custody cases should receive the highest priority,
followed by misdemeanor custody cases, non-custody
felonies and, finally, non-custody misdemeanors and
infractions.
Felonies
Felony FIiing Procedure
The filing deputy will fill out the Complaint
Information Worksheet. The deputy will give the
Complaint Information Worksheet and the police
reports to a clerk who types the complaints.
The supervising deputy may waive the need to fill
out the Statement of Fact. In that event, the filing
deputy will notes next to each witness' name, the
nature of his or her testimony. Also, the filing
deputy will check the "Felony" box on the Complaint
Assignment Card and list the recommended bail
amount. Finally, the filing deputy will enter an "A"
number on the Card, and then give the Card to the
case controller.
Felony Rejection Procedure
1. INSUFFICIENT EVIDENCE
If there is insufficient evidence, the filing
deputy should write "Reject" and sign the
front page of the police report. Also, the filing
deputy must check the " Rejected" box on the
Complaint Assignment Card and write on the
back a one-line reason for the rejection. The
officer should then give the Card and one
46 DlstrletAttomeyEmergencyPlan
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copy of the police report to the case controller.
REFERRED TO CITY ATTORNEY
If the matter is not rejected but referred to
the City Attorney for consideration, then the
filing deputy will check the box "City
Attorney" on the Complaint Assignment
Card. The officer will then give the card to
the case controller. No copies of the police
report needs to be retained
Misdemeanors
Misdemeanor FIiing Procedure
The supervising deputy may waive the need to fill
out the Misdemeanor Complaint Information sheet if
there are compelling reasons. In that event, the
filing deputy will simply write his charging
instructions on the front page of the police report,
sign it, underline the witnesses listed in the body of
the report and circle the total number of witnesses on
the front page. Also, the filing deputy will check the
"Misdemeanor" box on the Complaint Assignment
Card.
Misdemeanor Rejection Procedure
If there is insufficient evidence, the filing deputy
writes "Reject" and signs the front page of the police
report. Also, the filing deputy checks the "Rejected"
box on the Complaint Assignment Card and writes on
the back a one-line reason for the rejection.
The officer gives the Card and one copy of the police
report to the case controller.
District Attomey Emergency Plan 47
Bail
Bail shall be set in accordance with Penal Code
Section 1269(b) and the uniform countywide bail
schedule.
Deviations From Ball Schedule
Declarations of peace officers requesting deviations
. from the bail schedule for felony offenses will be
prepared and submitted to magistrate.
Juvenile Procedures
The Director of the Bureau of Special Operations
shall be responsible for Juvenile Division operations
during emergencies and will coordinate the
personnel, facilities, and equipment within that
Division.
Operational Headquarters
During an emergency, the headquarters of the
Juvenile Division will be Room 18~203 of the
Criminal Courts Building, (213)974-3881.
Head Deputies will report current emergency news,
and updated information on the availability of
personnel, facilities, equipment and supplies.
Office Procedures
To the greatest extent possible, existing case filing
and processing procedures of Juvenile Division will
be followed. Head Deputies may temporarily amend
or suspend ordinary- office procedures. Non-essential
information and extensive narratives may be
48 District Attomey Emergency Plan
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eliminated from required forms.
Master FIie For Juvenile Cases
Supervising Deputies at locations processing
applications for petitions will maintain a master list
of all minors processed at that location. This list
shall include: ·
1. Name of minor;
2. Detention status and location;
3. Charges;
4. Juvenile case number;
5. Law enforcement agency;
6. Officer's name, ID number, and station.
Liaison Responsibilities
Juvenile Division Head Deputies will maintain
liaison with the Probation Department, appropriate
police personnel, the Supervising Judge of the
juvenile departments of the superior court, and the
Head Clerk of the juvenile courts .
INFORMATION CENTER
LOCATION
The Bureau of Prosecution Support Operaticms will
establish and manage an information management
center at the location where cases submitted for filing
are to be processed.
STAFF
Information center staff will use the above-described
Master File to respond to inquiries regarding
individual arrestees .
District Attomey Emergency Plan 49
Central Contact Place
The telephone number for the information center will
be released to the public. Calls from attorneys, bail
bondsmen, friends or relatives of arrestees and the
general public are to be referred.to the information
center.
Media Inquiries
All inquiries from the news media will be directed to
the News Secretary at (213)974-3528.
Part II
Civil Disturbance Legal Notebook
Introduction
The majority oflaws that cover criminal violations
arising from a civil disturbance are found in the
California Penal Code. Other applicable state laws
may be found in the Vehicle Code, the Health and
safety Code, and the Military and Veterans Code.
In addition to state laws, there are local ordinances
that cover conduct occurring during a civil
disturbance. However, because local ordinances may
be preempted by state law, it is usually preferable to
use state law for arrests and prosecution purposes.
This manual will concentrate on the most applicable
state statutes, with some reference to local
ordinances.
Generally, the applicable state laws that are likely to
be violated during a civil disturbance fall into the
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following categories:
A. Disruption and Disturbance
B. Assault and Resistance
C. Trespass
D. Possession of Firearms, Weapons, and
Explosives
E. Damage to Property
F. Miscellaneous
G. Defenses
H. Giving Advice to Officers in the Field
The following chapters will discuss statutes that
pertain to these categories. the separation of the
applicable statutes into categories will permit you to
concentrate on a particular area of interest .
Disruption and Disturbance
Penal Code Section 403. Disturbance of Public
Assembly or Meeting
"Every person who, without authority of law,
willfully disturbs or breaks up any assembly or
meeting, not unlawful in its character, other than
such as is mentioned in Section 302 of the Penal
Code and Section 29440 of the Elections Code, is
guilty of a misdemeanor."
COMMENT:
The California Supreme Court has construed this
section to require intentional acts in violation of
"implicit customs or usages or of explicit rules for
governance of the meeting, of which [the defendant]
knew or as a reasonable man should have known".
In re Kay, 1 Cal. 3d 930, 943 (1970). These
intentional acts must result in a "substantial"
District Attomey Emergency Plan 51
impairment on the meeting being disturbed. The
court emphasized that the nature of the meeting, e.g.
its formality, its location and its purpose are the
major elements in determining whether Section 403
has been violated.
In re Kay involved an outdoor, informal, holiday
political rally. The Court held that the defendants'
nonviolent chanting, which did not substantially
block out the candidate's speech, did not violate
Section 403.
As to the proper police conduct under such
circumstances, the court stated:
"In instances in which the appropriate standard of
conduct lies in doubt, a warning and a request that
defendants curtail their conduct, either by officials or
law enforcement agents, should precede arrest or
citation". In re Kay at 945.
The wording of Section 403 seems to proscribe
disturbances only of meetings which are "lawful" in
character. Thus, if a meeting can be shown unlawful,
this would probably be a successful defense to a
charge of Section 403.
Meetings at which disturbances could be anticipated,
the law enforcement should comport with notions of
fair play, (e.g., allowing room for spectators' presence,
and giving notice to "interested persons").
The procedural due process such as a hearing, an
opportunity to present testimony, and to cross
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examine witnesses will lower the probability of
challenges as to the lawfulness of the meeting .
... IN RE KAY ALSO STATES:
Even if the meeting is sponsored or organized by
some state or local government agency, the
government may not establish rules inconsistent
with the guarantees of the First Amendment, and
Section 403 cannot be used to enforce such rules.
Thus armbands, flags, hand-held signs, topical
buttons and leafletting cannot be prohibited. If any
audience participation is permitted, the rules
regulating who may speak cannot be used to silence a
participant merely because his or her views happen
to be unpopular with the audience or with the
sponsors of the government meeting. ld. at 943 Fn.
10.
Penal Code Section 404 Riots; Definition:
"(a) Any use of force or violence, disturbing the public
peace, or any threat to use such force or violence, if
accompanied by immediate power of execution, by
two or more persons acting together, and without
authority oflaw, is a riot.
(b) As used in this section, disturbing the public
peace may occur in any place of confinement. Place
of confinement means any state prison, county jail,
industrial farm, or road camp, or any city jail,
industrial farm or road camp."
COMMENT;
Participating and engaging in a concerted plan to
disturb the peace by concerted use of violence.,
District Attorney Emergency Plan 53
constitutes participation in a riot. People y. Bundte,
87 Cal. App. 2d 735 (1948), cert denied. 337 U.S. 915.
Under Section 404, no previous agreement between
the aggressors is necessary; all that is needed is the
concurrence of an unlawful action by individuals in
the use, or threat to use force or violence. People y.
Cipriani, 18 Cal. App. 3d 299, 304, (1971), citing
Bundte,. supra. at 744.
All persons who encourage, incite, promote, give
support to or countenance a riot are principals in a
riot. Bundte. supra. at 7 46.
For Section 404 to be violated, actual violence or force
need not result as long as there are:
(a) disturbance of the public peace;
(b) threats to use force or violence; and
( c) the person who makes the threats into execution.
22 Cal. Jur. 3rd section 3087, citing People y.
Bradley, 137 Cal. App. 225 (1934).
Penal Code Section 404.6 Incitement to Riot;
Punishment:
"Every person who with the intent to cause a riot
does an act or engages in conduct which urges a riot,
or urges others to commit acts of force or violence, or
the burning or destroying of property, and at a time
and place and under circumstances which produce a
clear and present and immediate danger of acts of
force or violence or the burning or destroying of
property, is guilty of a misdemeanor.
This section shall not apply to, nor in any way affect,
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restrain, or interfere with, otherwise lawful activity
engaged in by or on behalf of a labor organization or
organizations by its members, agents or employees."
COMMENT;
In 1968, this statute was found to be constitutional
under a now-repealed section of the California
Constitution (Article 1, Section 9). People v. Davis,
68 Cal. 2d 481 (1968).
Violation of Section 404.6 is a specific intent crime .
People v. Jones. 19 Cal. App. 3d 437 (1971). Whether
a given act constitutes the requisite "urging" with the
intent to cause a riot, seems to be a case-by-case
determination.
To persons of ordinary understanding, the standard
used under Section 404.6, the urging of others to use
force or violence or to bum or destroy property, is
different from merely stirs to anger, invites public
dispute or brings about a condition of unrest. Davis.
suprar at 484-485 .
THE STATUTE REQUIRES A:
"Clear and present and immediate danger" of violent
or destructive acts. Therefore, it is important to
collect as much evidence of the surrounding
circumstances of the speech in question--evidence
which would tend to lead a reasonable man to believe
such danger is imminent.
SUGGESTED EVIDENCE TO LOOK FOR;
(a) Leaflets handed out in immediate time period of
the speeches or conduct. Mark such literature with
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the time and place of receipt, who collected--any
other information which would help to make it
admissible in court.
(b) General conditions of violence or disorder
immediately preceding defendant's speech or
conduct.
The testimony most likely to be admissible is from
the high ranking officer in charge of police units as to
the general conditions which are close enough in time
to the speech or conduct in question to support the
"clear and present and immediate" danger test.
(c) the appearance and mood of the crowd that
defendant is urging to riot--size of the crowd and
their degree of volatility to react to defendant's
conduct.
(d) the crowd's immediate reaction to the defendant's
speech or conduct.
(e) Any destruction of property took place
immediately after the speech or conduct in question.
(f) Defendant's action subsequent to his speech or
conduct in question.
The officers should carefully observe the crowd for
potential Section 404.6 violations. It is suggested
that the officers videotape and audiotape defendants'
words and conduct, take still photographs of people
in the crowd carrying weapons, wearing masks,
gloves, heavy boots, etc., for evidentiary value.
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Because these types of documentation of acts or
words require coordination and preplanning, it is
suggested that specific assignments be given to
specific officers.
Penal Code Section 405. Riots; Punishment:
"Every person who participates in any riot is
punishable by a fine not exceeding one thousand
dollars, or by imprisonment in a county jail not
exceeding one year, or by both such fine and
imprisonment."
Penal Code Section 405a. Lynching; Definition:
"The taking by means of a riot of any person from the
lawful custody of any peace officer is a lynching."
COMMENT;
Lynching is a general intent crime. People v. Patino,
95 Cal. App. 3d 11 (1979). The court held that such
intent was sufficiently shown by the circumstantial
evidence which identify defendants as the active
participants in a crowd, participated in yelling,
screaming, and advancing upon police officers in a
"threatening manner" during the officers' attempts to
place another in a lawful custody. Id. at 27-28. The
court also considered the crowd's use of physical
violence and offensive words toward the police that
are "inherently likely to provoke an immediate violent
reaction" as contributing factors in violation of
Section 405a.
Section 405a has been upheld on a constitutional
challenge for vagueness. Peqple y. Jgnes. 19 Cal .
App. 3d 437 (1971) .
District Attomey Emergency Plan 57
The court also held that whether a rescued person
from a lynching is harmed or not, is not an element of
the crime of 405a.
Section 405a also seems to require that a custody of a
rescued person is lawful or no violation of 405a will
result. See Peqple y. Janes. sui>ra, at 44 7-448.
Section 405b. Lynching: Punishment:
"Every person who participates in any lynching is
punishable by imprisonment in the state prison for
two, three or four years."
Penal Code Section 406 Rout: Definition:
''Whenever two or more persons, assembled and
acting together, make any attempt or advance toward
the commission of an act which would be a riot if
actually committed, such assembly is a rout."
Penal Code Section 407. Unlawful Assembly:
Definition:
"Whenever two or more persons assemble together to
do an unlawful act, or do a lawful act in a violent,
boisterous, or tumultuous manner, such assembly is
an unlawful assembly."
COMMENT:
Case law has held that the portion of this section
which prohibits assemblies to do a "lawful act in a
violent, boisterous, or tumultuous manner" is limited
to assemblies which are violent or pose a clear and
present danger of imminent violence. In re Brawn,
supra. at 623. There is no reported decision that has
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interpreted the "unlawful act" provision of Section
407. However, since the constitutional rights of
assembly are involved, the "unlawful act" provision of
this section should also be limited to unlawful acts
that are themselves violent or tend to incite others to
violence.
Not every member of an unlawful assembly must
individually commit unlawful acts to render the
assembly unlawful. Defendant can - be guilty even
though he or she personally did not commit any
unlawful acts. In re Wamer, 119 Cal. 3d 90, 103
(1981).
If a person is a participant in a lawful assembly
which becomes unlawful, he or she has an immediate
duty upon learning of the unlawful conduct to
disassociate himself or herself from the group. In.m
Wamer, supra, at 103.
Penal Code Section 408. Rout and Unlawful
Assembly; Punishment:
"Every person who participates in any rout or
unlawful assembly is guilty of a misdemeanor."
Penal Code Section 409. Riot, Rout, or Unlawful
Assembly; Remaining Present After Warning to
Disperse;
"Every person remaining present at the place of any
riot, rout, or unlawful assembly, after the same has
been lawfully warned to disperse, except public
officers and persons assisting them in attempting to
disperse the same, is guilty of a misdemeanor."
District Attomey Emergency Plan 59
COMMENT:
The invocation of Sections 409 and 406 (infra) must
be conditioned upon a lawful order of dispersal.
People Y, Cipriani, 18 Cal. App. 3d 299, 307 (1971).
Section 409 requires that such order be made
pursuant to Section 726 of the Penal Code. }d.
The order must be given in such a way to reasonably
assure that the persons involved heard the command
to disperse and made aware of the order. They must
thereafter wilfully fail to comply with such order.
Ciprianir at 308. A change of location or a splitting
up of members of an unlawful assembly into smaller
groups are factors which help to determine whether a
given defendant "dispersed" as a matter oflaw.
However, such acts along do not necessarily establish
the "dispersal". Cipriani, at 308.
Section 409 has been distinguished from Section 407
in that Section 409 may be violated by a person who
even ifhe or she does not participate in the assembly
itself, remains present after lawful warnings to
disperse. In Re Bacon, 240 Cal. App. 2d 34, 49
( 1966). Bacon also indicates that Section 409 can be
applied to activities of occupying an area for the
purpose of an organized protest against some
grievance.
Cal Jur. III Section 3097, not citing any particular
authority, states that "where persons present at an
unlawful assembly are individually and separately
told by police officers to move on or get out of the
crowd, but no general proclamation is made to the
crowd calling on them to disperse, or such commands
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are not given in the name of the people of the state,
the offense (Section 409 P.C.) is not shown."
The warning to disperse should be in the form
prescribed by Section 726 (text quoted elsewhere) .
It is recommended that the order to disperse be
written out completely and then be read verbatim a
number of times over an effective address system
which is loud enough to be heard by everyone in the
crowd. If necessary, move to general locations and
repeat the warning at each location.
THE ORDER SHOULD INCLUDE AT LEAST THE
FOLLOWING:
1. Introduction of the speaker. "I am Lt. Jones
of the L.A. Police Dept."
2. A declaration that the assembly is unlawful.
3. A command in the name of the People of the
State of California that all those present
immediately disperse and leave the area.
4. A warning that anyone who does not
immediately disperse and leave the area will
be subject to arrest and prosecuted under
Section 409 of the California Penal Code.
These precautions are necessary to prevent the
defense that a defendant did not hear the order to
disperse which is a prerequisite to a violation of
Section 409.
Whenever possible, officers should be positioned
around the assembly itself, so they may testify at a
subsequent trial that the command was audible .
District Attomey Emergency Plan 61
Another approach which has been successful is to
tape record the dispersal command from various
points.
If some demonstrators obey a dispersal order at one
location only to avoid an immediate arrest and
reassemble at one or more different locations, an
arrest for failure to disperse may be validated upon a
showing that the various assemblages were part of
one constituent whole and that the original
"dispersal" was only for the purpose of avoiding
arrest.
It has also been held that an attorney has no
absolute right to remain at the scene after being
ordered to disperse. Hoffman y. Municipal Court, 3
Cal. App. 3d 621 (1970).
Penal Code Section 726. Unlawful or Riotous
Assemblies; Command to Disperse:
''Where any number of persons, whether armed or
not, are unlawfully or riotously assembled, the sheriff
of the county and his deputies, the officials governing
the town or city, or the judges of the justice courts
and constables thereof, or any of them, must go
among the persons assembled, or as near to them a
possible, and command them, in the name of the
people of the State, immediately to disperse."
Penal Code Section 410. Magistrate or Officer
Neglecting or Refusing to Disperse Unlawful or
Riotous Assembly:
"If a magistrate or officer, having notice of an
unlawful or riotous assembly, mentioned in the
Chapter, neglects to proceed to the place of assembly,
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or as near thereto as he can with safety, and to
exercise the authority with which he is invested for
suppressing the same and arresting the offenders, he
is guilty of a misdemeanor."
Penal Code Section 727. Unlawful or Riotous
Assemblies: Arrest for Failure to Disperse:
Commanding Aid:
"If the persons assembled do not immediately
disperse, such magistrates and officers must arrest
them, and to that end may command the aid of all
persons present or within the county."
Penal Code Section 409 .5 Authority Of Peace
Officers to Close Disaster Area: Unauthorized Entry:.
Exception:
"(a) Whenever a menace to the public health or safety
is created by a calamity such as flood, storm, fire,
earthquake, explosion, accident or other disaster,
officers of the California Highway Patrol, California
State Police, police departments, marshal's office or
sheriffs office, any officer or employee of the
Department of Forestry designated a peace officer by
subdivision (i) of Section 830.2, and any officer or
employee of the Department of Parks and Recreation
designated a peace officer by subdivision (g) of
Section 830.2, may close the area where the menace
exists for the duration thereof by means of ropes,
markers or guards to any and all persons not
authorized by such officer to enter or remain within
the closed area. If such a calamity creates an
immediate menace to the public health, the local
health officer may close the area where the menace
exists pursuant to the conditions which are set forth
above in this section .
District Attorney Emergency Plan 63
(b) Officers of the California Highway Patrol,
California State Police, police departments,
marshal's office or sheriffs office or officers of the
Department of Forestry designated as peace officers
by subdivision (h) of section 830.2 may close the
immediate area surrounding an · emergency field
command post or any other command post activated
for the purpose of abating any calamity enumerated
in this section or any riot or other civil disturbance to
any and all unauthorized persons pursuant to the
conditions which are set forth in this section whether
or not such field command post or other command
post is located near to the actual calamity or riot or
other civil disturbance. (emphasis added)
(c) Any unauthorized person who willfully and
knowingly enters an area closed pursuant to
subdivision (a) or (b) and who willfully remains
within the area after receiving notice to evacuate or
leave shall be guilty of a misdemeanor.
(d) Nothing in this section shall prevent a duly
authorized representative of any news service,
newspaper or radio or television station or network
from entering the areas closed pursuant to the
section."
COMMENT:
In Los Angeles Free Press Inc. v, City of Los Angeles.
9 Cal. App. 3d 448,457, (1970) w:t denied 401 U.S.
982, the Court held that under Section 409.5 a sheriff
has discretion to permit or not permit certain news
persons to cross police lines by restricting the
issuance of press passes.
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Penal Code Section 415. Fighting: Noise: Offensive
Words:
"Any of the following persons shall be punished by
imprisonment in the county jail for a period of not
more than 90 days, a fine of not more than four
hundred dollars ($400), or both such imprisonment
and fine:
(1) Any person who unlawfully fights in a public
place or challenges another person in a public place
to fight. .
(2) Any person who maliciously and willfully disturbs
another person by loud and unreasonable noise.
(3) Any person who uses offensive words in a public
place which are inherently likely to provoke an
immediate violent reaction."
COMMENT;
This version of Section 415 was added in 1974 with
minor amendments in 1983. the old section was
repealed after the United States Supreme Court held
that the portions of the old statute could not be
validly applied to certain situations involving the
exercise of First Amendment rights. Cohen y.
California. 403 U.S. 15 (1971). . ·
In the case of In re Brown, 9 Cal. 3d 612 (1973), the
California Supreme Court analyzed a portion of
former Section 415 prohibiting "maliciously and
willfully disturbing the peace or quiet. . .by loud or
unusual noise." This part of the former section is very
similar to subdivision (2) of the current statute. The
Court stated that
District Attorney Emergency Plan 65
"(t)he statute, however, cannot be interpreted
consistent with the First Amendment and
traditional views as making criminal all loud
shouting or cheering which disturbs and is
intended to disturb persons. When the word
"noise" in the statute is properly construed
consistent with the First Amendment and
traditional views, it encompasses
communications made in a loud manner only
when there is a clear and present danger of
violence or when the communication is not
intended as such but is merely a guise to
disturb persons." In re Brown. supra. at 619.
In further interpreting this part of former Section
415, the Court stated as follows:
"We do not hold, however, that section 415 may
never be applied to loud shouting and
cheering ... We are satisfied that loud shouting
and cheering constitute the loud noise
prohibited by section 415 only in two
situations: 1) where there is a clear and
present danger of imminent violence and 2)
where the purported communication is used as
a guise to disrupt lawful endeavors." Id. at
621.
Using this standard, the Court of Appeal in People y.
Syperior Court (Commons), 135 Cal. 3d 812 (1982),
held that the conduct of the defendant "was used as a
guise to disrupt lawful endeavors," justifying his
arrest under subdivision (2) of Section 415. Here, the
defendant laughed and shouted very loudly at police
officers investigating prostitution activity in the
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hallway of a hotel at about 1:00 a.m. The defendant's
conduct had caused hotel residents to look into the
hall and caused a disruption.
Subdivision (3) of Section 415 was analyzed in
Jefferson v. Superior Court. 51 Cal. 3d 721 (1975) .
The Court interpreted this subdivision in light of the
U.S. Supreme Court's pronouncement that the mere
use of a vulgar, profane, indecorous, scurrilous, or
opprobrious epithet cannot alone be grounds for
prosecution. Jeffersonr at 724, citing Cohen Y,
California. 403 U.S. 15, 20 (1971). Furthermore,
subdivision (3) is not violated merely because a
person hears a profane remark.
The Court stressed that [t]he context in which·the
words are used must be considered, and there must
be a showing that the words were uttered in a
provocative manner, so that there was a clear and
present danger violence would erupt." lg. at 725
( emphasis added).
The "challenging to fight" proscription in subdivision
(1) of Section 415 is also subject to court-imposed
limitations. In Cohen, supra. the U.S. Supreme
Court stated that "the states are free to ban the
simple use, without a demonstration of additional
circumstances, of so-called "fighting words," those
personally abusive epithets which, when addressed to
the ordinary citizen are, as a matter of common
knowledge, inherently likely to provoke violent
reaction." ld. at 20. Under this quote, an epithet
directed towards a police officer might not violate
subdivision ( 1), since an officer might not be viewed
as an "ordinary citizen."
District Attomey Emergency Plan 67
CAVEAT:
Penal Code Section 415 has often been used as a
section to support an arrest or prosecution of any
offensive or obnoxious conduct. The use of this
section is not supported by case-law,thus, a great
care must be exercised in applying Section 415 to
factually appropriate situations.
Penal Code Section 415.5 Disturbance of Peace of
State College or University; Punishment:
(a) Any person who (1) unlawfully fights within any
building or upon the grounds of any school
community college, university, or state university or
challenges another person within any building or
upon the grounds to fight, or (2) maliciously and
willfully disturbs another person within any of these
buildings or upon the grounds by loud and
unreasonable noise, or (3) uses offensive words
within any of these buildings or upon the grounds
which are inherently likely to provoke an immediate
violent reaction is guilty of a misdemeanor. . . . "
COMMENT;
Section 415.5 should be charged in lieu of Section 415
if a disturbance of the peace occurs within a campus,
primarily because increased punishment is available
if the accused has been previously convicted under
this section or Sections 626 et seq. of the Penal Code.
Upon a first conviction the punishment is the same
as that set forth in Section 415.
Penal Code Section 416. Assembly for Purpose of
Disturbing Peace or Committing Unlawful Act;
Refusal to Disperse:
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"(a) If two or more persons assemble for the purpose
of disturbing the public peace, or committing any
unlawful act, and do not disperse on being desired or
commanded so to do by a public officer, the persons
so offending are severally guilty of a misdemeanor."
COMMENT;
In Chambers v, Municipal Court. 65 Cal. App. 3d 904
(1977), the court analyzed Section 416 in two parts.
Part one, assembling for the purpose of disturbing
the public peace requires proof that the accused
intended to commit overt acts "that are themselves
violent or that tend to incite others to violence." Id.
909 .
Part twor assembling for the purpose of committing
any unlawful act, by analogies to Sections 407 and
409, requires "criminal conduct prohibited by state
law," and reaches only those conducts which the state
may legitimately suppress -- i.e., actual violations of
the law, or commission of overt acts leading toward a
violation of the law. Id. 910.
Penal Code Section 422. and 422.5. Terrorism:
Repealed In 1987
COMMENTS:
Sections 422 and 442.5 were declared
unconstitutional by the California Supreme Court in
People v, Mirmirani. 30 Cal. 3d 375 (1981) The
Court held that certain language in the statutes was
unconstitutionally vague, thereby voiding both
statutes .
District Attorney Emergency Plan 69
Penal Code Section 71. Threatening Public
Officers and Employees and School Officials:
"Every person who, with intent to cause, attempts to
cause, or causes, any officer or employee of any public
or private educational institution or any public officer
or employee to do, or refrain from doing, any act in
the performance of his duties, by means of a threat,
directly communicated to such person, to inflict an
unlawful injury upon any person or property, and it
reasonably appears to the recipient of the threat that
such threat could be carried out, is guilty of a public
offense punishable as follows:
(1) Upon a first conviction, such person is
punishable by a fine not exceeding ten
thousand dollars ($10,000), or by
imprisonment in the state prison, or in a
county jail not exceeding one year, or by both
such fine and imprisonment.
(2) If such person has been previously convicted of
a violation of this section, such previous
conviction shall be charged in the accusatory
pleading, and if such previous conviction is
found to be true by the jury, upon a jury trial,
or by the court, upon a court trial, or is
admitted by the defendant, he is punishable by
imprisonment in the state prison.
As used in this section, "directly communicated"
includes, but is not limited to, a communication to
the recipient of the threat by telephone, telegraph, or
letter."
Penal Code Section 602. 10. Obstruction of
College or University Teachers or Students; Physical
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Force Defined:
"Every person who, by physical force and with the
intent to prevent attendance or instruction, willfully
obstructs or attempts to obstruct any student or
teacher seeking to attend or instruct classes at any of
the campuses or facilities owned, controlled, or
administered by the Regents of the University of
California, the Trustees of the California State
University, or the governing board of a community
college district shall be punished by a fine not
exceeding five hundred dollars ($500), by
imprisonment in a county jail for a period of not
exceeding one year, or by both such fine and
imprisonment.
As used in this section, "physical force" includes, but
is not limited to, use of one's person, individually or
in concert with others, to impede access to or
movement within or otherwise to obstruct the
students and teachers of the classes to which the
premises are devoted."
COMMENT;
The words of the statute indicate that specific intent
to obstruct teachers or students from attendance or
instruction must be shown .
Evidence should be collected via motion pictures or
still photos of the density and nature of the picket
line itself and the actions of the picketers.
"Physical force" as defined in this section would
include the sheer presence of enough persons to
physically block access. Complaining witnesses must
District Attorney Emergency Plan 71
be gotten -- i.e., someone who was so prevented by
defendant's actions from attendance or instruction.
Therefore, statements by people whose access is
denied should be gotten at the time of the event.
Penal Code Section 647c. Obstruction of Street,
Sidewalk or Other Place Open to Public:
"Every person who willfully and maliciously
obstructs the free movement of any person on any
street, sidewalk, or other public place or on or in any
place open to the public is guilty of a misdemeanor.
Nothing in this section affects the power of a county
or a city to regulate conduct upon a street, sidewalk,
or other public place or on or in a place open to the
public."
COMMENT:
This section not only applies to obstructing free
movement on the public streets, but also applies to
sidewalks, other public places, and to places open to
the public. Thus, this section can be applied to
persons who sit in doorways to public agencies such
as draft boards, selective service offices, etc., or in
doorways of business establishments open to the
public such as banks, school offices, etc., if their
intent is to stop people from going in, or at least to
obstruct their movement
The second sentence of the statute permits
municipalities to regulate obstructions of their
streets, sidewalks, public places, or places open to the
public without fear of state preemption. See ~
~, 3 Cal. 3d 205, 220 (1970).
This is a general intent crime. "Willfully" connotes a
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purpose or willingness to commit the act, and
"maliciously" imports a wish to vex, annoy, or injure
another person, or an intent to do a wrongful act, as
these terms are defined in Penal Code Section 7.
People v, Man, 39 Cal. App. 3d Supp. 1, 4-5 (1974).
In proving that a defendant obstructed the free
movement of any person, photographs, movies, or
other visual evidence should be used if there is a civil
disorder with a large number of persons in the
streets. Such evidence is helpful in establishing that
the obstruction required by the statute did occur, and
in identifying potential witnesses who were blocked
or obstructed.
Assault and Resistance
Penal Code Section 69. Obstructing or Resisting
Executive Officers In Performance Of Their Duties:
Attempts: Threats: Violence: Punishment:
"Every person who attempts, by means of any threat
or violence, to deter or prevent an executive officer
from performing any duty imposed upon such officer
by law, or who knowingly resists, by the use of force
or violence, such officer, in the performance of his
duty, is punishable by a fine not exceeding ten
thousand dollars ($10,000), or by imprisonment in
the state prison, or in a county jail not exceeding one
year, or by both such fine and imprisonment."
COMMENT:
Section 69 contains two distinct offenses:
( 1) "Every person who attempts, by means of any
threat or violence, to deter or prevent an executive
Officer from performing any duty imposed upon such
District Attorney Emergency Plan 73
Officer by law or
(2) [Every person] who knowingly resists, by the use
of force or violence, such officer, in the performance of
his duty. . . ." In the case of People v, Superior
Court (Anderson), 151 Cal. 3d 893 (1984), the court
found that the first part of the statute was overbroad
because it could be used to punish a person for
threatening lawful conduct. The court held that the
statute should be construed to apply only to threats
of unlawful violence and not to threats of lawful
conduct. In the case ofln re M,L,B., 110 Cal. 3d 501
( 1980 ), the court held that the appellant had violated
the first part of the section even though no force or
violence had been used, since he had yelled at the
officers that he was going to bum their houses and
get their families after the officers had arrested two
of the appellants companions.
A violation of Section 69 has been interpreted to
require "an act done with the specific intent to
interfere with the officer's performance of his duties."
People v. Patino. 95 Cal. App. 3d 11 (1979). In
Patino such intent was found by the circumstantial
evidence that defendant, one of a crowd, participated
in "yelling, screaming , and advancing on the officer
in a threatening manner". Isl at 28.
Because a violation of this section is a felony, it may
be preferable to charge Section 69 versus Section 148,
if the higher culpability of this section--use of threat
or violence--can be proven.
Penal Code Section 148. Resisting. Delaying or
Obstructing Officer; Punishment:
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"(a) Every person who willfully resists, delays,.or
obstructs any public Officer or peace officer, or an
emergency technician, as defined in Division 2.5
(commencing with Section 1797) of the Health and
Safety Code, in the discharge or attempt to discharge
any duty of his or her office, when no other
punishment is prescribed, is punishable by a fine not
exceeding one thousand dollars ($1,000), or by
imprisonment in a county jail not exceeding one year,
or by both such fine and imprisonment."
COMMENT;
If the arrest is unlawful, there can be no conviction of
Section 148 because the officer is not in the discharge
of his duty. People v, Monreno, 32 Cal. App. 3d
Supp. 1 (1973), citing People v, Curtisr 70 Cal. 2d
347, 354-5 (1969) .
Even if the lawfulness of the arrest is an issue, the
defendant may still be charged with a violation of
Penal Code Section 243 (battery upon a police
officer), since under Curtis the defendant cannot
resist even an unlawful arrest ifhe or she commits a
simple battery upon a police officer.
An officer has probable cause to arrest where the
defendant, knowing that the officer wanted to talk
with him, ran away and hid. People y. Allen, 109
Cal. 3d 981 (1980). See also In re Gregory S. 112
Cal. 3d 764 (1980).
Section 148 is a general intent crime. People y.
Roberts, 131 Cal. App. 3d Supp. 1, 9 (1982) .
Penal Code Section 240. Assault Defined:
District Attorney Emergency Plan 75
"An assault is an unlawful attempt, coupled with a
present ability, to commit a violent injury on the
person of another."
COMMENT;
See also Section 149. Officer unnecessarily
assaulting or beating any person; punishment.
Penal Code Section 241. Assault; Punishment:
"(a) An assault is punishable by fine not exceeding
one thousand dollars ($1,000), or by imprisonment in
the county jail not exceeding six months, or by both
such fine and imprisonment.
(b) When an assault is committed against the person
of a peace officer, firefighter, emergency medical
technician, mobile intensive care paramedic,
lifeguard, traffic officer, or animal control officer
engaged in the performance of his or her duties, or a
physician or nurse engaged in rendering emergency
medical care outside a hospital, clinic, or other health
care facility, and the person committing the offense
knows or reasonably should know that the victim is a
peace officer, firefighter, emergency medical
technician, mobile intensive care paramedic,
lifeguard, traffic officer, or animal control officer,
engaged in the performance of his or her duties, or a
physician or nurse engaged in rendering emergency
medical care, the assault is punishable by a fine not
exceeding two thousand dollars ($2,000), or by
imprisonment in the county jail not exceeding one
year, or by both the fine and imprisonment."
COMMENT:
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An assault against a peace officer or a fireman
engaged in the performance of his or her duties is a
misdemeanor. Note, however, that the following
assaults are alternative felony/misdemeanors:
assault against a custodial officer (Penal Code
Section 241.1); assault against a peace officer
engaged in the performance of his or her duties as a
member of a security department of a school district
(Penal Code Section 241.4).
Penal Code Section 242. Battery Defined:
"A battery is any willful and unlawful use of force or
violence upon the person of another."
I
Penal Code Section 243. Battery; Punishment:
"A battery is punishable by fine of not exceeding two
thousand dollars ($2,000), or by imprisonment in the
county jail not exceeding six months, or by both such
fine and imprisonment.
(b) When a battery is committed against the person
of a peace officer, custodial officer, firefighter,
emergency medical technician, mobile intensive care
paramedic, lifeguard, traffic officer, or animal control
officer, engaged in the performance of his or her
duties, whether on or off duty, including when the
peace officer is in a police uniform and is
concurrently performing the duties required of him or
her as peace officer while also employed in a private
capacity as a part-time or casual private security
guard or patrolman, or a physician or nurse engaged
in rendering emergency medical care outside a
hospital, clinic, or other health care facility, and the
District Attorney Emergency Plan 77
person committing the offense knows or reasonably
should know that the victim is a peace officer,
custodial officer, firefighter, emergency medical
technician mobile intensive care paramedic,
lifeguard, traffic officer, or animal control officer,
engaged in the performance of his or her duties, or a
physician or nurse engaged in rendering emergency
medical care, the battery is punishable by a fine not
exceeding two thousand dollars ($2,000), or by
imprisonment in the county jail not exceeding one
year, or by both such fine and imprisonment.
(c) When a battery is committed against a peace
officer, custodial officer, firefighter, emergency
medical technician, mobile intensive care paramedic,
lifeguard, traffic officer, or animal control officer,
engaged in the performance of his or his or her
duties, whether on or off duty, including when the
peace officer is in a police uniform and is
concurrently performing the duties required of him or
her as a peace officer while also employed in a
private capacity as a part-time or casual private
security guard of patrolman, or a physician or nurse
engaged in rendering emergency medical care outside
a hospital, clinic, or other health care facility, and the
person committing the offense knows or reasonably ·
should know that such victim is a peace officer,
custodial officer, firefighter, emergency medical
technician, mobile intensive care paramedic,
lifeguard, traffic officer, or animal control officer,
engaged in the performance of his or her duties, or a
physician or nurse engaged in rendering emergency
medical care, and an injury is inflicted on that victim,
the battery is punishable by imprisonment in the
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county jail for a period of not more than one year, or
by a fine of not more than two thousand dollars
($2,000), or by imprisonment in the state prison for
16 months, or two or three years.
(d) When a battery is committed against any person
and serious bodily injury is inflicted on the person,
the battery is punishable by imprisonment in the
county jail for a period of not more than one year or
imprisonment in the state prison for two, three, or
four years .
( e) As used in this section: . . .
(5) "Serious bodily injury" means a serious
impairment of physical condition, including, but not
limited to the following: loss of consciousness;
concussion; bone fracture; protracted loss or
impairment of function of any bodily member or
organ; a wound requiring extensive suturing; and
serious disfigurement .
(6) "Injury" means any physical injury which requires
professional medical treatment."
COMMENT:
A simple battery without injury against a peace
officer or a fireman engaged in the performance of his
duties is a misdemeanor. If an injury occurs which
requires professional medical treatment, then the
crime is an alternative felony-misdemeanor. If
"serious bodily injury" is inflicted, then the crime is
an alternative felony-misdemeanor regardless of who
is the victim .
District Attomey Emergency Plan 79
Other statutes provide for increased penalties for
batteries committed against certain types of victims.
Battery against a custodial officer is a felo11y (Penal
Code Section 243.1); battery on school grounds
against a teacher, school security officer, or school
administrator is punishable by a year in the county
jail (Penal Code Section 243.2); battery against
transportation personnel is punishable by a year in
the county jail, and if an injury is inflicted upon the
victim the crime is an alternative
felony-misdemeanor (Penal Code Section 243.3); and
a sexual battery is an alternative
felony-misdemeanor (Penal Code Section 243.4).
Penal Code Section 245. Assault with Deadly
Weapon or Force Likely to Produce Great Bodily
Injury; Punishment:
"(a)(l) Every person who commits an assault upon
the person of another with a deadly weapon or
instrument other than a firearm or by any means of
force likely to produce great bodily injury is
punishable by imprisonment in the state prison for
two, three or four years, or in a county jail not
exceeding one year, or by fine not exceeding ten
thousand dollars ($10,000), or by both such fine and .
imprisonment.
(2) Every person who commits an assault upon the
person of another with a firearm is punishable by
imprisonment in the state prison for two, three, or
four years, or in a county jail for a term of not less
than six months and not exceeding one year, or by
both a fine not exceeding ten thousand dollars
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($10,000) and imprisonment.
(b) Every person who commits an assault upon the
person of another with a machinegun, as defined in
Section 12200, or an assault weapon, as defined in
Section 12276, shall be punished by imprisonment in
the state prison for 4, 8, or 12 years.
(c) Every person who commits an assault with a
deadly weapon or instrument, other than a firearm,
or by any means likely to produce great bodily injury
upon the person of a peace officer or fireman, and
who knows of reasonably should know that the victim
is a peace officer or fireman engaged in the
performance of his or her duties, when the peace
officer or fireman is engaged in the performance of
his or her duties shall be punished by imprisonment
in the state prison for three, four, or five years."
COMMENT:
Section 245 now makes a distinction between
assaults with a firearm and assaults with other
deadly weapons. Increased penalties are provided
when the assault is committed with a firearm.
COMMENT TO PENAL CODE SECTIONS
240-245 INCLUSIVE, {3.3.-3,7} HEREOF
Under Sections 241 and 243, the punishment for
violations of Sections 240 and 242 is increased from
six months to one year in the county jail when
perpetrated against a peace officer or fireman
"engaged in the performance of his or her duties."
Section 245(b) provides for a more severe sentence
when a felonious assault is committed against a
District Attomey Emergency Plan 81
peace officer or fireman "engaged in the performance
of his or her duties."
.In.Peaple v, Curtis,, 70 Cal. 2d 347 (1969), the
Supreme Court held that the greater charge would be
upheld only if an officer is attacked in the course of
the lawful performance of his duties. The court
stated specifically in regard to an unlawful arrest:
'We confirm that a resisting defendant commits a
public offense; but if the arrest is ultimately
determined factually to be unlawful, the defendant
can be validly convicted only of simple assault or
battery." ld. at 355-6.
To establish the more culpable offense of attack on
officers, it must be shown that the attacker knew or
reasonably believed that the victim was a police
officer or fireman. Thus, evidence must be
documented regarding whether the officer wore a
uniform, the activity the officer was engaged in, any
circumstantial facts tending to show that a
reasonable person would have known the victim was
an officer. Witnesses' observations are also helpful.
In riot situations, the types of assaults most likely to
occur are those with rocks, bricks, bottles, being
thrown from some distance away. Identity of the
attacker is critical. Distance of attacker from victim
at the time of assault; speed of object being thrown;
injuries (if any) suffered; what happened to the object
used to attack victim with -all these issues go to the
degree of force used and determine what section
(240/241,242/243 or 245(a)/(b)) is to be charged.
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Penal Code Section 417. Drawing, Exhibiting, or
Using Firearm or Deadly Weapon: Self Defense:
Peace Officers:
"(a)(l) Every person who, except in self-defense, in
the presence of any other person, draws of exhibits
any deadly weapon whatsoever, other than a firearm,
in a rude, angry or threatening manner, or who in
any manner, unlawfully uses the same in any fight or
quarrel is guilty of a misdemeanor, punishable by
imprisonment in the county jail for a term of not less
than 30 days.
(2) Every person who, except in self-defense, in the
presence of any other person, draws or exhibits any ·
firearm, whether loaded or unloaded, in a rude,
angry, or threatening manner, or who in any manner,
unlawfully uses the same in any fight or quarrel is
guilty of a misdemeanor punishable by imprisonment
in the county jail for a term of not less that three
months .
(b) Every person who, in the immediate presence of a
peace officer, draws or exhibits any firearm, whether
loaded or unloaded, in a rude, angry or threatening
manner, and who knows or reasonably should know
that the victim is a peace officer engaged in the
performance ofhis or her duties, and that peace
officer is engaged in the performance of his or her
duties is guilty of a felony punishable by
imprisonment in the county jail for a term of not less
than nine months and not to exceed one year, or in
the state prison."
COMMENT:
District Attomey Emergency Plan 83
Section 417 .1 defines a "peace officer" as any person
designated as a reserve or auxiliary sheriff or city
police officer, or a deputy sheriff, pursuant to Section
830.6.
Section 417 .6 provides for increased penalties if
"serious bodily injury", as defined, is intentionally
inflicted by the person drawing or exhibiting the
firearm or deadly weapon.
Section 417 .8 provides for increased punishment for a
person who draws or exhibits a firearm or other
deadly weapon with the intent to resist or prevent
the arrest or detention of himself or another by a
peace officer.
Vehicle Code Section 23110. Throwing Substance
at Vehicles:
"(a) Any person who throws any substance at a
vehicle or any occupant thereof on a highway is
guilty of a misdemeanor.
(b) Any person who with intent to do great bodily
injury maliciously and willfully throws or projects
any rock, brick, bottle, metal or other missile, or
projects any other substance capable of doing serious
bodily harm at such vehicle or occupant thereof is
guilty of a felony and upon conviction shall be
punished by imprisonment in the state prison.
COMMENT;
This statute has been held not to require that the
vehicle at which substance is thrown be in motion.
People v, Whitney. 76 Cal. App. 3d 863 (1978).
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Trespass (General Statutes)
The applicable statutes that describe various types of
trespass will be divided for purposes of easier
reference into two subcategories: ( 1) trespasses
involving non-school property, and (2) trespasses
involving school property.
Penal Code Section 602(J). Trespasses
Constituting Misdemeanors; Enumeration (Entering
with Intent to Injure, Obstruct, or Interfere
"Every person who willfully commits a trespass by
any of the following acts is guilty of a misdemeanor: ·
(j) Entering any lands, whether unenclosed or
enclosed by fence, for the purpose of injuring any
property or property rights or with the intention of
interfering with, obstructing, or injuring any lawful
business or occupation carried on by the owner of the
land, the owner's agent or the person in lawful
possession."
COMMENT:
Note that the section is phrased in the disjunctive,
making it unlawful to enter land "for the purpose of
injuring any property or property rights or with the
intention of interfering with, obstructing or injuring
any lawful business or occupation carried on by the
owner .... " See In re Ball, 23 Cal. 3d 380, 384
(1972). "Purpose" as used in the first part of the
District Attorney Emergency Plan 85
statute is synonymous with "intent". People y.
Harris. 191 Cal. 2d 754, 758 fn. 3 (1961). And '1ands"
includes buildings and fixtures, are synonymous with
real property. People v, Brown, 236 Cal. App. 2d
Supp. 915, 919 (1965).
This section does not prohibit the exercise of First
Amendment rights unless there is an intention of
interfering with or obstructing the lawful business of
the occupant. Thus, in In re Ball. sypra, the
defendant set up a table in the Disneyland parking
lot adjacent to a ticket booth for the purpose of
gathering signatures and soliciting donations for an
anti-pollution initiative. Disneyland had earlier
refused the defendant permission to engage in this
conduct and had asked the defendant to leave. The
defendant's conviction of violating Section 602G) was
affirmed since the evidence established that the
defendant's conduct caused trams to be diverted,
thereby interfering with the lawful business of
Disneyland. Conversely, in In re Wallace. 3 Cal. 3d
289 (1970), the defendants were charged with
violating Section 602G) for allegedly causing an
obstruction at a county fair by handing out leaflets
protesting the treatment of farm workers. The
Supreme Court of California found no violation of
Section 602G), since the evidence failed to establish
that the defendants obstructed the business of the
fair.
Note that under this section it is immaterial that the
defendant entered with consent or upon invitation.
Note also that the section prohibits entry upon land
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with the intent to commit certain acts. the evidence
to prove intent may, of course, be circumstantial and
may be shown by evidence such as (1) signs, posters
or banners; (2) speeches by the defendants and their
accomplices; (3) unusual _ activity evidencing intent to
interfere with the business, such as sitting on the
floor; blocking entrances, exits, and doorways; and
marching, shouting, or chanting; (4) even "normal"
activity if carried on for an unusual amount of time
or in an unusual manner, resulting in an interference
with business. Thus, in People y. Brown. 236 Cal. 2d
Supp. 915 (1965), a conviction of Section 602(j) was
affirmed after the defendants had engaged in various
transactions at the bank's counters, for about two
hours for the purpose of protesting the bank's hiring·
practices. The defendants' conduct had made it
necessary for some of the customers to be serviced by
tellers reaching over, around, and between the
demonstrators.
Penal Code Section 602(1). Trespasses
Constituting Misdemeanors; Enumeration (Entering
& Occupying Without Consent)
"Every person who willfully commits a trespass by
any of the following acts is guilty of a misdemeanor:
(1) Entering and occupying real property or
structures of any kind without the consent of the
owner, the owner's agent, or the person in lawful
. "
possession.
COMMENT;
District Attorney Emergency Plan 87
Both the entry and the occupation must be without
consent. Thus, this section would not apply to a
sit-in at a bank or a store open to the public if entry
was made during normal work.ing hours, even if
subsequent occupation was without the consent of
the owner. (Note, however, that the previous
Section, 602(j) might still apply if the subsequent
occupation was-with the purpose of interfering with,
obstructing, or injuring any lawful business or
occupation. Thus, in People y. Brown, 236 Cal. 2d
Supp. 915 (1965), the court held that Section 602(1)
did not apply to a demonstration in a bank, involving
coin changing for hours making business more
difficult to protest the bank's hiring practices. The
court noted that the initial entry was with consent,
as the demonstrators entered along with the general
public when the bank was open for business.
However, the court did hold that Section 602(j) was
applicable, as the evidence showed that the entry
was with the intention of interfering with,
obstructing, or injuring the lawful business or
occupation of the bank.
Section 602(1) also requires something more than a
transient, nonpermanent possession of the property. _
Thus, in People y. Wilkinson. 248 Cal. 2d Supp. 906 ·
( 1967), the court held that the defendants who
entered upon privately owned land and improvised
small overnight camp sites did not occupy the realty
within the terms of the section.
Penal Code Section 602(P). Trespasses
Constituting Misdemeanors; Enumeration (Refusing
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or Falling to Leave a Public Building)
"Every person who willfully commits a trespass by
any of the following acts is guilty of a misdemeanor:
(p) Refusing or failing to .leave a public building of a
public agency during those hours of the day or night
when the building is regularly closed to the public
upon being requested to do so by a regularly
employed guard, watchman, or custodian of the
public agency owning or maintaining the building or
property, if the surrounding circumstances are such
as to indicate to a reasonable man that the person
has no apparent lawful business to pursue."
COMMENT;
Note that under the last phrase of the section the test
whether a person has "no apparent lawful business to
pursue" is that of the reasonable man. Thus, the
defendant's subjective state of mind is not
determinative. See Parrish v, Municipal Court. 258
Cal. 2d 497 (1968), involving a refusal to leave a
welfare office, and In re Bacon. 240 Cal. 2d 34 (1966),
involving a free speech sit-in in Sproul Hall at the
University of California.
Penal Code Section 602.5. Unauthorized Entry Of
Property.
"Every person other than a public officer or employee
acting within the course and scope of his employment
in performance of a duty imposed by law, who enters
or remains in any noncommercial dwelling house,
apartment, or other such place without consent of the
owner, his agent, or the person in lawful possession
District Attorney Emergency Plan 89
thereof is guilty of a misdemeanor."
COMMENT:
This section has been limited to apply in entry of
residential structures only. In re DCL. 82 Cal. App.
3d 123, 126 (1978).
Penal Code Section 603 Forcible Entry; Vandalism:
"Every person other than a peace officer engaged in
the performance of his duties as such who forcibly
and without the consent of the owner, representative
of the owner, lessee or representative of the lessee
thereof, enters a dwelling house, cabin, or other
building occupied or constructed for occupation by
humans, and who damages, injures or destroys any
property of value in, around or appertaining to such
dwelling house, cabin or other building, is guilty of a
misdemeanor."
Trespass (On School Property)
Penal Code Section 626.2. Unauthorized Entry
Upon Campus or Facility of a Community College,
a State College or the University After Written
Notice of Suspension or Dlsmlssal Without
Permission; Punishment
"Every student or employee who, after a hearing, has
been suspended or dismissed from a community
college, a state university, the university, or a school
for disrupting the orderly operation of the campus or
facility of such institution, and as a condition of such
suspension or dismissal has been denied access to the
campus or facility, or both, of the institution for the
period of the suspension or in the case of dismissal
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for a period not to exceed one year; who has been
served by registered or certified mail, at the last
address given by such person, with a written notice of
such suspension or dismissal and condition; and who
willfully and knowingly- enters upon the campus or
facility of the institution to which he or she has been
denied access, without the express written
permission of the chief administration officer of the
campus or facility, is guilty of a misdemeanor and
shall be punished as follows: . . .
Knowledge shall be presumed if notice has been
given as prescribed in this section. The presumption
established by this section is a presumption affecting
the burden of proof."
(no applicable cases)
COMMENT:
A violation of Section 626.2 requires proof of the
following elements:
1. hearing
2. resulting in suspension or dismissal
3. denial of access as condition of such
suspension or dismissal
4. service or written notice
5. willful and knowing entry on to campus or
facility without express written
permission.
It is suggested that schools should serve written
notice on the student or employee at the hearing at
which suspension or dismissal is ordered; a second
notice should be mailed as per to statutory
District Attomey Emergency Plan 91
requirement. This dual notice would lower the
possibility oflack of actual notice.
Penal Code Section 626.4. Notice of Withdrawal of
Consent; Report; Action on Report; Reinstatement
of Consent; Hearing; Unlawful Entry Upon Campus
or Faclllty; Punishment ·
"(a) the chief administrative officer of a campus or
other facility of a community college, a state
university, the university, or a school, or an officer or
employee designated by the chief administrative
officer to maintain order on such campus or facility,
may notify a person that consent to remain on the
campus or other facility under the control of the chief
administrative officer has been withdrawn whenever
there is reasonable cause to believe that such person
has willfully disrupted the orderly operation of such
campus or facility.
(1) The description of the person from whom
consent was withdrawn, including, if available,
the person's name, address, and phone
number.
(2) A statement of the facts giving rise to the
withdrawal of consent.
· If the chief administrative officer or, in the chief
administrative officer's absence, a person designated
by him or her for this purpose, upon reviewing the
report, finds that there was reasonable cause to
believe that such person has willfully disrupted the
orderly operation of the campus or facility, he or she
may enter written confirmation upon the report of
the action taken by the officer or employee. . If the
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chief administrative officer or, in the chief
administrative officer's absence, the person
designated by him or her, does not confirm the action
taken by the officer or employee within 24 hours
after the time that consent was withdrawn, the
action of the officer or employee shall be deemed void
and of no force or effect, except that any arrest made
during such period shall not for this reason be
deemed not to have been made for probable cause.
(c) Consent shall be reinstated by the chief
administrative officer whenever he or she has reason
to believe that the presence of the person from whom
consent was will not constitute a substantial and
material threat to the orderly operation of the
campus or facility. In no case shall consent be
withdrawn for longer than 14 days from the date
upon which consent was initially withdrawn. The
person from whom consent has been withdrawn may
submit a written request for a hearing on the
withdrawal within the two-week period. the written
request shall state the address to which notice of
hearing is to be sent. The chief administrative officer
shall grant such a hearing not later than seven days
from the date of receipt of the request and shall
immediately mail a written notice of the time, place,
and date of such hearing to such person .
(d) Any person who has been notified by the chief
administrative officer of a campus or other facility of
a community college, a state university, the
university, or a school, or by an officer or employee
designated by the chief administrative officer to
maintain order on such campus or facility, that
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consent to remain on the campus or facility has been
withdrawn pursuant to subdivision (a) who has not
had such consent reinstated; and who willfully and
knowingly enters or remains upon such.campus or
facility during the period for which consent has been
drawn is guilty of a misdemeanor. This subdivision
does not apply to any person who enters or remains
on such campus or facility for the sole purpose of
applying to the chief administrative officer for the
reinstatement of consent or for the sole purpose of
attending a hearing on the withdrawal.
(e) This section shall not affect the power of the duly
constituted authorities of a community college, a
state university, the university, or a school, to
suspend, dismiss, or expel any student or employee
at the college, state university, university, or school."
COMMENT:
This section was reviewed extensively by California
Supreme Court in Braxton v, Municipal Court, 10
Cal. 3d 138 (1973). The court noted first that by its
terms Section 626.4 pertains to students and
non-students alike.
The court also held as follows:
Notice and a hearing on alleged misconduct is
required before issuance of any extension order
unless "the campus administration reasonably finds
that the situation is such an exigent one that the
continued presence on the campus of the person from
whom consent to remain is withdrawn constitutes a
substantial threat of significant injury to persons or
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property (Section 626.4(c)). Id. at 145.
A VIOLATION OF 626,4 REQUIRES PROOF OF;
( 1) Violation of an execution order ( which has has
been issued in accordance with the Procedural
Due Process noted above) and
(2) Such order must rest upon "an actual
disruption by unlawful conduct." ld.
The court's interpretation of "actual disruption by
unlawful conduct" seems to be as follows:
The Section is not violated for (a). mere content of
speech, unless an incitement to violence, or for (b).
conduct entwined with speech, unless such conduct is
physically incompatible with the peaceful functioning
of the campus .
The incited violence must be a "specifically intended
consequence of the speaker's plea and not a result of
unreasonable reactions by hostile onlookers or overly
zealous supporters (cite omitted). If some members
of an audience create the disruption, they and not the
speaker or other members of the audience are liable
for punishment". Id. at 148.
The court noted that acts of violence included:
(1) Physical intimidation of students, faculty or
staff;
(2) Obstruction of ingress or egress;
(3) Physical intrusion upon or destruction of
property .
Peaceful activity enjoying First Amendment
District Attomey Emergency Plan 95
protection include leafletting, canvassing and other
activities which are usually compatible with classes,
research and 11dministrative functions of an
educational institution.
Regarding control of noise, the court approved the
following general principles:
"Speechmaking may be curtailed in a defined area
that is specifically and narrowly described--such as
classrooms, libraries, faculty and administration
offices, and corridors adjoining those facilities--where
the resulting noise is incompatible with the essential
functioning of the campus, and so long as other
places on the campus provide reasonable alternative
forums for the proselytization of dissident views. The
use of devices for noise amplification can be
reasonably regulated to prevent disruption
incompatible with the functioning of the institution.
And where communication merely serves as a guise
for noisy disruption, it may be regulated". Id. at 150.
The court held that Section 626.4 requires reasonable
cause to believe the person excluded has incited or
engaged in conduct causing a substantial or material
physical disruption of an educational institution by ·
the.commission of unlawful acts which have been
specifically proscribed by other statutes. ld. at
151-153.
Penal Code Section 626.6. Committing Act, or
Entry Upon Campus or Faclllty to Commit Act,
Likely to Interfere With Peaceful Activities; Direction
to Leave; Refusal to Leave or Reentry; Punishment.
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"(a) In any case in which a person who is not a
student or officer or employee of a community college, ·· .
a state university, the university, or a school, and
who is not required by his or her employment to be
on the campus or any other facility owned, operated
or controlled by the governing board of any such
community college, state university, university,or
school, enters such campus or facility, and it
reasonably appears to the chief administrative officer
of the campus or facility or to an officer or employee
designated by the chief administrative officer to
maintain order on such campus or facility that such
person is committing any act likely to interfere with
the peaceful conduct of the activities of the campus or
facility or has entered the campus or facility for the ·
purpose of committing any such act, the chief
administrative officer or officer or employee
designated by him or her to maintain order on the
campus or facility may direct the person to leave the
campus or facility, and if the person fails to do so or if
the person willfully and knowingly reenters upon
such campus or facility within 72 hours after being
directed to leave, he or she is guilty of a misdemeanor
and shall be punished as follows."
COMMENT;
Although no cases have directly construed this
language, its close parallel to Section 626.4 should be
borne in mind insofar as that section was construed
in Braxton v, Municipal Court, 10 Cal. 3d 138 (1973).
Susceptible phrases open to future limitation by the
California courts might include
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"Committing any act likely to interfere with the
peaceful conduct of the activities of such campus
facilities ... or who has entered such campus or
facility for the purpose of committing any such act."
An order to leave, given under Section 616.6 is good
for 72 hours only. The section also cannot be used
against students, officers, employees (e.g., professors)
of the school or university (Section 626.4 is applicable
to those groups.)
In comparison with Section 626.4, this section has
both advantages and disadvantages:
Advantaees:
( 1) Does not require confirmation by anyone
( whereas Section 626.4 requires confirmation
by the chief administrative officer within 24
hours)
(2) Allows removal from campus not only for acts
likely to interfere with peaceful conduct of
activities, but also a person who has entered
the campus for the purpose of committing such
acts (Section 626.4 only allows removal of a
person who has already willfully disrupted the
orderly operation of the campus, a somewhat .
narrower scope).
Disadvantages:
( 1) Only good for 72 hours, whereas section 626.4
is good for 14 days.
(2) Does not apply to persons who are students,
officers, or employees, or persons who are
required by their employment to be on the
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campus. This permits removal of outside
agitators, but does not apply to student or
faculty disrupters. For these latter people,
Section 626.4 is the ~ppropriate section, and
that section requires that they have already
committed a disruptive act.
Because of the limited time that it is applicable, and
because of its limited coverage, Section 626.6 seems
less preferable to use than Section 626.4 .
Penal Code Section 626.8 Disruptive Presence at
Schools:
"(a) Any person who comes into any school building
or upon any school ground, or street, sidewalk, or
public way adjacent thereto, without lawful business
thereon, and whose presence or acts interfere with
the peaceful conduct of the activities of the school or
disrupt the school or its pupils or school activities, or
any specified sex offender who comes into any school
building or upon any school ground, or street,
sidewalk or public way adjacent thereto, unless such
person is a parent or guardian of a child attending
that school, or is a student at the school or has prior
written permission for the entry from the chief
administrative officer of that school, is guilty of a
misdemeanor if he or she:
( 1) Remains there after being asked to leave by
the chief administrative official of that school
or his or her designated representative, or by a
person employed as a member of a security or
police department of a school district pursuant
to Section 39670 of the Education Code, or a
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city police officer, or sheriff or deputy sheriff, •
or California Highway Patrol Officer; or
(2) Reenters or comes upon such place within 7
days of being asked to leave by a person
specified in paragraph (1); or
(3) Has otherwise established a continued pattern
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of unauthorized entry.
As used in this section:
(4) "Lawful business" means a reason for being
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present upon school property which is not
otherwise prohibited by statute, by ordinance,
or by any regulation adopted pursuant to
statute or ordinance.
(5) "Continued pattern of unauthorized entry"
means that on at least two prior occasions in
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the same school year the defendant came into
any school building or upon any school ground,
or street, sidewalk, or public way adjacent
thereto, without lawful business thereon, and
his or her presence or acts interfered with the
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peaceful conduct of the activities of such school
or disrupted the school or its pupils or school
activities, and the defendant was asked to
leave by a person specified in paragraph (1) of.
subdivision (a).
(6) "School" means any preschool or school having
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any of grades kindergarten through 12."
(no cases)
Penal Code Section 626.9 Firearms; Bringing Into
or Possession of, Upon, or Within Public Schools and
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Grounds: Exceptions
"Any person, except a duly appointed peace officer as
defined in Chapter 4.5 (commencing with Section
830) of Title 3 of Part 2, a full-time paid peace officer
of another state or the f~deral government who is
carrying out official duties while in California, any
person summoned by any of these officers to assist in
making arrests or preserving the peace while he or
she is actually engaged in assisting the officer, a
member of the military forces of this state or the
United States who is engaged in the performance of
his or her duties, a person holding a valid license to
carry the firearm pursuant to Article 3 (commencing
with Section 12050) of Chapter 1 of Title 2 of Part 4,
or an armored vehicle guard, who is engaged in the
performance of his or her duties, as defined in
Section 7521 of the Business an Professions Code,
who brings or possesses a firearm upon the grounds
of any public school, including the University of
California, the California State University and the
California Community Colleges or within any public
school, including the University of California, the
California State University and the California
Community Colleges, unless it is with the written
permission of the school district superintendent, his
or her designee, or equivalent school authority, shall
be punished by imprisonment in the state prison for
one, two or three years."
Penal Code Section 626. 10. Dirks, Daggers, Knives
or Razors: Bringing Into or Possession of Upon, or
Within Public Schools and Grounds; Exceptions
"(a) Any person, except a duly appointed peace
officer as defined in Chapter 4.5 (commencing with
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Section 830) of Title 3 of Part 2, a full-time paid
peace officer of another state or the federal
government who is carrying out official duties while
in this state, person summoned by any officer to
assist in making arrests or preserving the peace
while the person is actually engaged in assisting any
officer, or a member of the military forces of this
state or the United States who is engaged in the
performance of his duties, who brings or possesses
any dirk, dagger, knife having a blade longer than
31/2 inches, folding knife with a blade that locks into
place, a razor with an unguarded blade, a taser, or a
stun gun, as defined in subdivision (a) of Section
244.5, upon the grounds of, or within, any public
school providing instruction in kindergarten or any of
grades 1 through 12, inclusive, is guilty of a public
offense punishable by imprisonment in the county
jail not exceeding one year, or by imprisonment in
the state prison.
(b) Any person, except a duly appointed peace officer
as defined in Chapter 4.5 (commencing with Section
830) of Title 3 of part 2, a full-time paid peace officer
of another state or the federal government who is
carrying out official duties while in this state, person
summoned by any officer to assist in making arrests
or preserving the peace while the person is actually
engaged any officer, or a member of the military
forces of this state or the United States who is
engaged in the performance of his duties, who brings
or possesses and dirk, dagger, or knife having a fixed
blade longer than 3 1/2 inches upon the grounds of, or
within any university, the University of California,
the California State University, or the California
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community colleges is guilty of a public officer
punishable by imprisonment in the county jail not
exceeding one year, or by imprisonment in the state
prison .
(f) Any certified or classified employed of a public
school providing instruction in kindergarten or any of
grades 1 through 12, inclusive, may seize any of the
weapons described in subdivision (a), and any
certificated or classified employee or school peace
officer of any university, state university, or
community college may seize any of the weapons
described in subdivision (b) from the possession of
any person upon the grounds of, or within, the school
if he knows or has reasonable cause to know the
person is prohibited from bringing or possessing the
weapon upon the grounds of, or within, the school."
COMMENT;
Subdivision (c), (d) and (e) state that subdivision (a)
and (b) do not apply to any person who possesses the
described weapon ifit is brought to school as part of a
school-sponsored activity or class, for a lawful use in
food preparation or consumption .
This section seems to deal with gang violence
probably more than mass demonstrations, especially
in its limited applicability to kindergarten and
grades 1 through 12. However, if potential trouble
with high school demonstrations is a high
probability, then this statute might be useful .
District Attorney Emergency Plan 1 03
Penal Code Section 653g. Loitering About Schools
or Public Places; Punishment:
"Every person who .loiters about any school or public
place at or near which children attend or normally
congregate and who remains at any school or public
place at or near which children attend or normally
congregate, or who reenters or comes upon such
school or place within 72 hours, after being asked to
leave by the chief administrative official of that
school or, in the absence of the chief administrative
official, the person acting as the chief administrative
official, or by a member of the security patrol of the
school district who has been given authorization, in
writing, by the chief administrative official of that
school to act as his agent in performing this duty, or
a city police officer, or sheriff or deputy sheriff, or
California Highway Patrol officer, is a vagrant, and is
punishable by a fine of not exceeding one-thousand
dollars ($1,000) or by imprisonment in the county jail
for not exceeding six months, or by both such fine
and imprisonment.
As used in this section, "loiter" means to delay, to
linger, or to idle about any such school or public place
without lawful business for being present."
COMMENT:
It has been held that a person who technically
trespasses but voluntarily leaves the premises
without committing some other criminal act does not
violate Section 653g. In re. Christopher S, 80 Cal.
App. 3d 903, 911 (1978).
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Possession Of Firearms, Weapons
and Explosives
Penal Code Section 12020. Blackjacks, Etc.;
Manufacture, Sale or Possession, Concealed
Explosive or Dagger; Concealed Weapons,
Ammunition, Explosive Substances, Metal Plate
Weapons, Etc.; Manufacture, Import, Sale, Etc.
Prohibited; Exceptions; Definitions Offense;
Punishment; Exemption
"(a) Any person in this state who manufactures or
causes to be manufactured, imports into the state,
keeps for sale, or offers or exposes for sale, or who
gives, lends, or possesses any cane gun or wallet gun,
and plastic firearm, and firearm which is not
immediately recognizable as a firearm, any
camouflaging firearm container, any ammunition
which contains or consists of any flechette dart, any
bullet containing or carrying an explosive agent, and
ballistic knife, any short-barreled shotgun, any
short-barreled rifle, any metal knuckles, any belt
buckle knife, and leaded cane, any zip gun, any
shuriken, any unconventional pistol, any lipstick case
knife, any cane sword, any shobi-zue, any air gauge
knife, any writing pen knife, or any instrument or
weapon of the kind commonly known as a blackjack,
slingshot, billy nunchaku, sandclub, sap, or sandbag,
or who carries concealed upon his or her person any
explosive substance, other than fixed ammunition or
who carries concealed upon his or her person any
dirk or dagger, is guilty of a felony, and upon
conviction shall be punishable by imprisonment in
the county jail not exceeding one year or in a state
District Attorney Emergency Plan 1 05
prison. A bullet containing or carrying an explosive
agent is not a destructive device as that term is used
in Section 12301."
Penal Code Section 12025. CQrrylng Weapon
Concealed Within Vehicle or on Person: Offense:
Arms In Holsters or Sheaths
"(a) Except as otherwise provided in this chapter, any
person who carries concealed within any vehicle
which is under his or her control or direction any
pistol, revolver, or other firearm capable of being
concealed upon the person without having a license
to carry such firearm as provided in this chapter is
guilty of a misdemeanor. Any person convicted
under this subdivision who has previously been
convicted of any felony or of any crime made
punishable by this chapter, is guilty of a felony .
(c) Firearms carried openly in belt holsters are not
concealed within the meaning of this section, nor are
knives which are carried openly in sheaths
suspended from the waist of the wearer . . . . "
Penal Code Section 12031. Carrying of Loaded
Firearms; Misdemeanors; Exceptions
"(a) Except as provided in subdivision (b), (c), or (d), -
- every person who carries a loaded firearm on his or
her person or in a vehicle while in any public place or
on any public street in an incorporated city or in any
public place or on any public street in a prohibited
area of unincorporated territory is guilty of a
misdemeanor.
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(e) In order to determine whether or not a firearm is
loaded for the purpose of enforcing this section, peace
officers are authorized to examine any firearm
carried by anyone on his.or her person or in a vehicle
while in any public place or on any public street in an
incorporated city or prohibited area of an
unincorporated territory. Refusal to allow a peace
officer to inspect a firearm pursuant to the provisions
of this section constitutes probable cause for arrest
for violation of this section.
(f) As used in this section "prohibited area" means
any place where it is unlawful to discharge a weapon.
(g) A firearm shall be deemed to be loaded for the
purposes of this section when there is an unexpended
cartridge or shell, consisting of a case which holds a
charge of powder and a bullet or shot, in, or attached
in any manner to, the firearm, including, but not
limited to, in the firing chamber, magazine, or clip
thereof attached to the firearm; except that a
muzzle-loader firearm shall be deemed to be loaded
when it is capped or primed and has a powder charge
and ball or shot in the barrel or cylinder."
Penal Code Section 12220. Machine Guns.
Unauthorized Sale, Possession or Transportation;
Punishment
"Any person, firm or corporation, who within this
state sells, offers for sale, possesses or knowingly
transports a machine gun, except as provided by this
chapter, is guilty of a public offense ... "
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Penal Code Section 12301. Definition
"(a) the term "destructive device", as used in this
chapter, shall include any of the following weapons:
(1) Any projectile containing any explosive or
incendiary material or any other chemical substance,
including, but not limited to, that which is commonly
known as tracer or incendiary ammunition, except
tracer ammunition manufactured for use in
shotguns.
(2) Any bomb, grenade, explosive missile, or similar
device or any launching device therefor.
(3) Any weapon of a caliber greater than .60 caliber
which fires fixed ammunition, or any ammunition
therefor, other than a shotgun, shotgun ammunition,
or an antique cannon. For purposes of this section,
the term "antique cannon" means any cannon
manufactured before January 1, 1899, which has
been rendered incapable of firing of for which
ammunition is no longer manufactured in the United
States and is not readily available in the ordinary
channels of commercial trade.
( 4) Any rocket, rocket-propelled projectile, or similar
device of a diameter greater than .60 inch, or any
launching device therefor, and any rocket,
rocket-propelled projectile, or similar device
containing any explosive or incendiary material or
any other chemical substance, other than the
propellant for such device, except such devices as are
designed primarily for emergency or distress
signaling purposes.
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(5) Any breakable container which contains a
flammable liquid with a flashpoint of 150 degrees
Fahrenheit or less and has a wick or similar device
capable of being ignited,_ other than a device which is
commercially manufactured primarily for the
purpose of illumination.
(b) The term "explosive," as used in this chapter,
shall mean any explosive defined in Section 12000 of
the Health and Safety Code .
(Amended by State. 1986, c. 262m, 1.)
Historical Note: 1986 Legislation; the 1986
amendment exempted "antique cannon" from the
definition of "destructive device" .
Penal Code Section 12303. Possession; Other Than
Fixed Ammunition; Punishment
Any person, firm or corporation who, within this
state, possesses any destructive device, other than
fixed ammunition of a caliber greater than .60
caliber, except as provided by this chapter, is guilty
of a public offense . . . . "
Penal Code Section 12303.1. Carrying or
Placement of Explosive or Destructive Device on
Passenger Vessel, Aircraft, Car or Other Vehicle;
Penalty
"Every person who willfully does any of the following
is guilty of a felony and is punishable by
imprisonment in the state prison for two, four, or six
years:
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(a) Carries any explosive or destructive device on
any vessel, aircraft, car, or other vehicle that
transports . passengers for hire.
(b) Places or carries any explosive or destructive
device, while on board any such vessel, aircraft, car
or other vehicle, in any hand baggage, roll, or other
container.
(c) Places any explosive or destructive device in any
baggage which is later checked with any common
carrier."
Penal Code Section 12303.2. Possession of
Destructive Devices or Explosives In or Near Certain
Places; Felony; Punishment
"Every person who recklessly or maliciously has in
his possession any destructive device or any explosive
on a public street or highway, in or near any theater,
hall, school, college, church, hotel, other public
building, or private habitation, in, on, or near any
aircraft, railway passenger train, car, cable road or
cable car, vessel engaged in carrying passengers for
hire, or other public place ordinarily passed by
human beings is guilty of a felony, .... "
COMMENT;
Violation of Section 12303.2 does not depend on
whether the destructive device is already "set to
explode". In People y. Westaby. 63 Cal. App. 3d
790,795 (1976), the court found that a pipe bomb
which was ·without 'Yires to be connected to a timing
switch was still a sufficient destructive device under
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the section.
Penal Code Section 12303.3 Wrongful Possession,
Explosion, Etc., of Destructive Device or Explosive
With Intent to Injure or Intimidate Person or to Injure
or to Destroy Property: F _ elony: Punishment
"Every person who possesses, explodes, ignites, or
attempts to explode or ignite any destructive device
or any explosive with intent to injure, intimidate, or
terrify any person, or with intent to wrongfully injure
or destroy any property, is guilty of a felony .... "
Penal Code Section 12309. Unlawful Explosion or
Ignition of Destructive Device or Explosive Causing
Bodily Injury: Felony; Punishment
"Every person who willfully and maliciously explodes
or ignites any destructive device or any explosive
which causes bodily injury to any person is guilty of a
felony .... "
Penal Code Section 12310. Unlawful Explosion or
Ignition of Destructive Device or Explosive Causing
Death, Mayhem or Great Bodily Injury; Felony;
Punishment
"(a) Every person who willfully and maliciously
explodes or ignites any destructive device or any
explosive which causes the death of any person is
guilty of a felony, ...
(b) Every person who willfully and maliciously
explodes or ignites any destructive device or
explosive which causes mayhem or great bodily
injury to any person is guilty of a felony, . . . . "
Penal Code Section 12312. Possession of Materials
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With Intent to Make Explosive or Destructive
Device
"Every person who possesses any substance,
material, or any combination of substances or
materials, with the intent to make any destructive
device or any explosive without first obtaining a valid
permit to make such destructive device or explosion,
is guilty of a felony, . . . . "
COMMENT;
Section 12312 was challenged as unconstitutionally
vague and overbroad in People v, Yoshimura, 62 Cal.
App. 3d 410 (1976).
The court upheld the statute by construing it as
follows:
Section 12312 provides that possession of a
'substance' or 'material' is punishable only if
the possession is with the specific intent
to make a destructive device or explosive.
The possession and the specific intent are
not merely coincidental to each other.
Innocent possession of a 'substance' or
'material' is not made punishable under the
statute, nor is the mere intent to make a
destructive device or explosive forbidden.
Rather, possession is criminal conduct only
where it is predicated and dependent upon the
actor's specific intent to make that possession
an integral step in the construction of an
explosive or destructive device. It would be
absurd to interpret 'substance' or 'material'
other than as referring to an item which is
either necessary to the creation of, or an actual
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part of, an explosive or destructive device.
When the statute is thus read as a whole, the
vagueness of the meaning of'substance' and
'material' is eliminated, and the terms are
seen to refer to constituent or necessary
items in the construction of nonlicensed
destructive devices and explosives." Id. at 415.
Penal Code Section 12401. Tear Gas.
"Tear gas as used in this chapter shall apply to and
include all liquid; gaseous, or solid substances
intended to produce temporary physical discomfort or
permanent injury through being vaporized or
otherwise dispersed in the air, but does not apply to,
and shall not include, any substance registered an an
economic poison as provided in Chapter 2
(commencing with Section 12751) of Division 7 of the
Agricultural Code provided that such substance is
not intended to be used to produce discomfort or
injury to human beings."
Penal Code Section 12402. Tear Gas Weapon
"The term 'tear gas weapon' as used in this chapter
shall apply to and includes:
(a) Any shell, cartridge, or bomb capable of being
discharged or exploded, when the discharge or
explosion will cause or permit the release or emission
of tear gases.
(b) Any revolvers, pistols, fountain pen guns, billies,
or other form of device, portable or fixed, intended for
the projection or release of tear gas except those
regularly manufactured and sold for use with firearm
District Attomey Emergency Plan 113
ammunition."
Penal Code Section 12420. Sale, Possession or
Transportation: Punishment
"Any person, firm, or corporation who within this
state knowingly sells or offers for sale, possesses, or
transports any tear gas or tear gas weapon, except as
permitted under the provisions of this chapter, is
guilty of a public offense .... "
COMMENT;
The actual use of tear gas or a tear gas weapon is
made punishable under Penal Code Section 12403. 7
(8). The punishment is increased if the victim is a
police officer.
Penal Code Section 12552. Furnishing Firearms. Air
Guns. Etc .• to Minors Without Parental Consent
"Every person who furnishes any firearm, air gun, or
gas-operated gun, designed to fire a bullet, pellet or
metal projectile, to any minor, without the express or
implied permission of the parent or legal guardian of
the minor, is guilty of a misdemeanor."
Damage to Property
Penal Code Section 451. Arson of Structure. Forest
Land or Property: Great Bodily Injury, Inhabited
Structure or Property; Owned Property; Punishment
"A person is guilty of arson when he or she willfully
and maliciously sets fire to or burns or causes to be
burned or who aids, counsels or procures the burning
of, any structure, forest land or property.
(a) Arson that causes great bodily injury is a felony
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punishable by imprisonment in the state prison for
five, seven, or nine years.
(b) Arson that causes an inhabited structure or
inhabited property to burn is a felony punishable by
imprisonment in the state prison for three, five or
seven, or nine years.
(c) Arson of a structure or forest land is a felony
punishable by imprisonment in the state prison for
two, four or six years. . .
(d) Arson of property is a felony punishable by
imprisonment in the state prison for 16 months, tow,
or three years. For purposes of this paragraph arson
of property does not include one burning or causing ·
to be burned his or her own personal property unless
there is an intent to defraud or there is injury to
another person or another person's structure, forest
land or property."
Penal Code Section 452. Unlawfully Causing a Fire
of Any Structure, Forest Land or Property; Great
Bodily Injury; Inhabited Structure or Property:
Punishment
"A person is guilty of unlawfully causing a fire when
he recklessly sets fire to or burns or causes to be
burned, any structure, forest land or property .
(a) Unlawfully causing a fire that causes great bodily
injury is a felony punishable by imprisonment in the
state prison for two, four or six years, or by
imprisonment in the county jail for not more than
one year, or by a fine, or both such imprisonment and
fine."
District Attorney Emergency Plan 115
(b) Unlawfully causing a fire that causes an
inhabited structure or inhabited property to bum is a
felony punishable by imprisonment in the county jail
for not more than one year or by _ a fine, or by both
such imprisonment and fine.
(c) Unlawfully causing a fire of a structure or forest
land is a felony punishable by imprisonment in the
state prison for two, four or six years, or by
imprisonment in the county jail for not more than
one year, or by a fine, or by both such imprisonment
and fine.
(d) Unlawfully causing a fire of property is a
misdemeanor. For purposes of this paragraph,
unlawfully causing a fire of property does not include
one burning or causing to be burned his own personal
property unless there is injury to another person or
to another person's structure, forest land or
property."
COMMENT;
Sections 451 and 452 were enacted in 1979, and
derived from former arson statutes.
Penal Code Section 453. Possession of
Flammable, Explosive or Combustible Material or
Substance, or Device: Intent: Possession:
Manufacture or Disposal of Fire Bomb
"(a) Every person who possesses any flammable,
explosive or combustible material or substance, or
any device in an arrangement or preparation, with
intent to willfully and maliciously use such material,
substance or device to set fire to or bum any
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structure, forest land or property, is punishable by
imprisonment in the state prison, or in the county
jail, not exceeding one year.
(b) Every person who po_ ssesses, manufactures or
disposes of a firebomb is guilty of a felony .
For the purposes of this subdivision, 'disposes of
means to give, give away, loan, offer, offer for sale,
sell or transfer .
For the purposes of this subdivision, a 'firebomb' is a
breakable container containing a flammable object
with a flashpoint of 150 degrees Fahrenheit or less,
having a wick or similar device capable of being
ignited, but. no device commercially manufactured
primarily for the purpose of illumination shall be
deemed to be a firebomb for the purposes of this sub
division."
Penal Code Section 454. Violation of Arson
Statutes During and Within Area of State of
Insurrection or State of Emergency; Punishment:
"Every person who violates any of the provisions of
Section 451 or 452 during and within an area of a:
(a) State of insurrection pursuant to Section 143 of
the Military and Veterans Code, or
(b) State of emergency pursuant to Section 8625 of
the Government Code, when proclaimed by the
Governor is punishable by imprisonment in the state
prison for three, five or seven years."
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Penal Code 455. Attempts; Acts Preliminary or In
Furtherance; Punishment; Attempt to Bum Defined:
"Any person who willfully and maliciously attempts
to set fire to or attempts to bum or to aid, counsel or
procure the burning of any structure, forest land or
property, or who commits any act preliminary
thereto, or in furtherance thereof, is punishable by
imprisonment in the state prison for 16 months, two
or three years.
The placing or distributing of any flammable,
explosive or combustible material or substance, or
any device in or about any structure, forest land or
property in an arrangement or preparation with
intent to eventually willfully and maliciously set fire
to or bum same, or to procure the setting fire to or
burning of the same shall, for the purpose of this act
constitute an attempt to bum such structure, forest
land or property."
Penal Code Section 594. Vandalism; Penalty
(A) Every person who maliciously (1) defaces with
paint or any other liquid, (2) damages, or (3) destroys
any real or personal property not his or her own, in
cases otherwise than those specified by state law, is
guilty of vandalism.
(b)(l) If the amount of defacement, damage, or
destruction is fifty thousand collars ($50,000) or
more, vandalism is punishable by imprisonment in
the state prison or in a county jail not exceeding one
year, or by a fine of not more than fifty thousand
dollars ($50,000), or by both that fine and
imprisonment.
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(2) If the amount of defacement, damage, or
destruction is five thousand dollars ($5,000) or more
but less than fifty thousand dollars ($50,000),
vandalism is punishable.by imprisonment in the
state prison, or in a county jail not exceeding one
year, or by a fine of not more than ten thousand
dollars ($10,000), or by both that fine and
imprisonment.
(3) If the amount of defacement, damage, or
destruction is one thousand dollars ($1,000) or more
but less than five thousand dollars ($5,000),
vandalism is punishable by imprisonment in the
county jail not exceeding one year, or by a fine of five
thousand dollars ($5,000), or by both that fine and
imprisonment .
(4) If the amount of defacement, damage, or
destruction is less than one thousand dollars
($1,000), vandalism is punishable by imprisonment
in the county jail for not more than six months, or by
a fine of not more than one thousand dollars ($1,000),
or by both that fine and imprisonment."
COMMENT;
In addition to the penalty set forth in Section 594,
Section 12022.6 provides that "any person who takes,
damages or destroys any property in the commission
of a felony, with the intent to cause such talcing,
damage or destruction" is subject to an additional
term of one year if the loss exceeds $25,000 or two
years if the loss exceeds $100,000. This special
allegation should be charged in the accusatory
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pleading in any felony where the loss exceeds the
proscribed limits.
Penal Code Section 594.3. Vandalism to Church,
Synogogue, Bulldlng of Rellglous Educational
Institution or Other Place of Worship; Punishment
"(a) Any person who knowingly commits any act of
vandalism to a church, synagogue, building owned
and occupied by a religious educational institution, or
other place primarily used as a place of worship
where religious services are regularly conducted is
guilty of a crime punishable by imprisonment in the
state prison or by imprisonment in the county jail for
not exceeding one year.
(b) Any person who knowingly commits any act of
vandalism to a church, synagogue, building owned
and occupied by a religious educational institution, or
other place primarily used as a place of worship
where religious services are regularly conducted,
which is shown to have been committed by reason of
the race, color, religion, or national origin of another
individual or group of individuals and to have been
committed for the purpose of intimidating and
deterring persons from freely exercising their
religious beliefs, is guilty of a felony punishable by
imprisonment in the state prison."
COMMENT;
Proof of a dollar loss is not necessary to establish a
violation of this section.
This type of discovery motion is becoming more and
more common in civil disturbance cases, particularly
when the defendants are members of an identifiable
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group or organization. The defendants allege that
the group or organization is subject to discriminatory
law enforcement, and thereby seek to discover
materials in the possession of the police and
prosecution in support of their claim.
Miscellaneous Statutes
City Ordinances
The following Los Angeles Municipal Code
Ordinances might be violated during a civil
disturbance. These ordinances only apply to the
omission or commission of acts within the territorial
limits of the City of Los Angeles.
LAMC Section 41. 18 Obstruction Sidewalk
"(a) No person shall stand in or upon any street,
sidewalk or other public way open for pedestrian
travel or otherwise occupy any portion thereof in
such a manner as to annoy or molest any pedestrian
thereon or so as to obstruct or unreasonably interfere
with the free passage of pedestrians."
COMMENT;
This ordinance is not preempted by state law, since
Penal Code Section 64 7 c expressly allows a county or
a city "to regulate conduct upon a street, sidewalk, or
other public place or on or in a place open to the
public."
The corresponding County Ordinance is Section
13.38.090 of the Los Angeles County Code.
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LAMC Section 41. 19 Public Assemblages-
Obstructing Entrance
"No person shall sit or stand on or at the entrance of
any church, hall, theatre or other place of public
assemblage in any manner so as. to obstruct such
entrance."
COMMENT;
The corresponding County Ordinance is Section
13.38.110 of the Los Angeles County Code.
LAMC Section 55.07 Demonstration Equipment
Prohibited
"(a) No person shall carry or possess while
participating in any demonstration, rally, picket line,
or public assembly, any length of lumber, wood, or
wood lath, unless that object is one-fourth inch or
less in thickness and two inches or less in width, or is
not generally rectangular in shape, such object shall
not exceed three quarters inch in its thickest
dimension."
COMMENT;
THIS ORDINANCE BECAME EFFECTIVE IN
MAY, 1979, as the result ofa disturbance in which
demonstrators were using staffs for their placards
which were used as weapons against police
personnel. The purpose of the ordinance in to
prevent injuries to law enforcement personnel and
the general public through the use of such
equipment. The corresponding County ordinance,
(No 11895) which contains virtually identical
language, is Section 13.64.010 of the Los Angeles
County Code.
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The argument that this ordinance is an
unconstitutional restriction of First amendment
rights was rejected in PeQple y. Dury. 152 Cal. App.
3d Supp.23
LAMC Section 80.02 Obedience to Police
"No person shall willfully fail or refuse to .comply
with any lawful order, direction or signal of a police
officer or traffic officer."
COMMENT:
This section is part of a statutory scheme relating to
the regulation of traffic. Violation of this section is
an infraction.
LAMC Section 103. 111 Parades
•ca) Definition. As used in this Article:
1. "PARADE" means any march or procession
consisting of persons, animals or vehicles, or
combination thereof, upon any public street,
sidewalk, alley or other public place, which
does not comply with normal and usual traffic
regulation or controls.
(b) Permit requirement. No person shall conduct,
manage or participate in any parade without a
written permit from the Board of Police Commission .
( t) Violation. Willful violation of any of the terms or
conditions of the parade permit by the permittee or
any participant in said parade is a misdemeanor."
COMMENT:
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This is a lengthy section which also details the
procedure for obtaining a parade permit from the
Board of Police Commission.
The County Ordinance (No 6352) regulating parades
is Sections 15.88.010 to 15.88.140 inclusive of the Los
Angeles County Code.
County Ordinance Clerk
The County Ordinance Clerk has collected and
indexed all the county ordinances into 8 volumes
called the Los Angeles County Code. The County
Ordinance Clerk is located in Room 383 of the Hall of
Administration, (213)974-1426.
A set of volumes of these county ordinances is located
in the Bureau of Management and Budget of the Los
angeles County District Attorney's Office.
Sheriff Department's Legal Section
The Los angeles County sheriff Department's Legal
Section ((213)97 4-4268) has been involved in a
project to place the County ordinances of interest to
law enforcement in one bound volume. When these
materials become available, this bound volume will
be made available to the various offices in the
District Attorney's Office.
Defenses
There are certain defenses that tend to occur with
greater frequency in civil disturbance cases. This
chapter will briefly summarize them so that they can
be more readily anticipated in appropriate cases.
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Pitchess Motions
When a defendant is charged with assault or battery
on a police officer, resisting arrest, or other related
felonies and misdemeanors, he or she may obtain an
access to certain records . from the personnel or
internal affairs file of the police officer/victim. These
are known as Pitchess Motions, stemming from the
case of Pitchess v, Superior Court, 11 Cal. 3d 531
( 197 4), in which the California Supreme Court
upheld a trial court's order for the production of
records from the police officer/assault victim's
personnel file pertaining to prior citizen complaints
of aggressive behavior. The defendant in Pitchess
had alleged that the issue of self-defense would be
raised and requested access to the officer's personnel
file to establish prior use of excessive force by the
officer .
The Evidence Code Section 1043 sets forth certain
notice and good cause provisions that must be
complied with by the defense in making such a
motion .
Discriminatory Law Enforcement
In Mureja v, Municipal Court. 15 Cal. 3d 286 (1975),
the California Supreme Court held that a defendant
seeking to prove invidiously selective enforcement or
prosecution is entitled, upon a proper showing, to
discover information in the files of the police and
prosecution relevant to the defendant's claim that
various penal statutes are being discriminately
enforced against him .
This type of discovery motion is becoming more and
District Attomey Emergency Plan 125
more common in civil disturbance cases, particularly
when the defendants are members of an identifiable
group or organization. The defendants allege that
the group or organization is subject to discriminatory
law enforcement, and thereby s~ek to discover
materials in the possession of the police and
prosecution in support of their claim.
Police Agent Attending Attorney-client
Conferences:
In Barber v, Municipal Court, 24 Cal. 3d 742 (1979),
the California Supreme Court dismissed trespassing
and unlawful assembly charges against defendants,
whose confidential attorney-client conferences had
occurred in the presence of a fellow defendant who
was actually an undercover police officer. The Court
held that the right to counsel under Califonria law
embodies the right to "communicate in absolute
privacy with one's attorney." Id. at 751.
The Court rejected the prosecutions argument that
the intrusion of a ·state agent into confidential
attorney-client communications does not violate the
right to counsel if the purpose for the intrusion is to
detect future crimes rather than to discover defense
strategy. Id. at 752-3. Such detection must be
accomplished by means that do not interfere with the
right of the accused to privacy of communication with
counsel. That defendants had jointly conferred with
their attorney in each other's presence also did not
permit the breach of their joint private conversations.
The Court finally held that to exclude any
information obtained by the undercover agent was
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not a sufficient protection of the defendants' right.
Therefore, the charges against the defendants were
ordered dismissed.
Unlawful Arrest:
This has been discussed in Section 11-3.7.1 supra,
(Comment to Sections 240-245).
Under Sections 241 and 243, the punishment for
violations of Sections 240 and 242 is increased from
six months to one year in the county jail when
perpetrated against a peace officer or fireman
"engaged in the performance of his duties." Section
245 (b) provides for a more severe sentence when a
felonious assault is committed against a peace officer
or fireman "engaged in the performance of his
duties."
In Pegple v, Curtis, 70 Cal. 2d 347 (1969), the
Supreme Court held that the greater charge would be
upheld only if an officer were attacked in the course
of lawful performance of his duties. The court stated
specifically in regard to an unlawful arrest:
"We confirm that a resisting defendant commits a
public offense; but if the arrest is ultimately .·
determined factually to be unlawful, the defendant
can be validly convicted only of simple assault or
battery." ld,. at 355-356.
Excessive Force Used By Officer:
Where excessive force is used by an officer in making
what otherwise is a technically lawful arrest, the
arrest becomes unlawful and a defendant may not be
District Attomey Emergency Plan 127
convicted of an offense which requires the officer to
be engaged in the performance of his duties (Section
241,243,245 (b) or 148). The defendant may ·
nevertheless be convicted of other crimes which do
not include that element (Sections 240, 242, or 245
(a)).
Where an officer uses unreasonable or excessive force
in making an arrest, the person arrested has the
right to use reasonable force to .protect himself or
herself. When the officer uses excessive force, and
the arrested person uses reasonable force in self
defense, he or she may not be convicted of any of the
crimes just listed. Only when excessive force is used
by a defendant in response to excessive force by a
police officer may the defendant be convicted, and
then the crime may not include an element that the
officer was engaged in the performance of his duties.
See People v, White, 101 Cal. 3d 161, 166-:168 (1980).
Giving Advice to Officers in the
Field:
A deputy district attorney may be called to the scene
of a crowd disturbance to give advice to law ·
enforcement officers who are monitoring assemblages
which have become unruly. In order to give proper
advice to officers in the field, the deputy district
attorney must have thought out the kind of
situations likely to arise step by step at an
assemblage that is likely to become unruly. The
purpose of this chapter is to set forth a typical
situation involving a potential civil disturbance and
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to describe the legal situation at each hypothetical
step, the appropriate possible responses, and the
relevant law. This chapter assumes that the deputy
district attorney is familiar with the relevant
statutes covering civil disturbances discussed
elsewhere in this Manual.
Starting by Determining Whether the Assemblage is
Unlawful:
A. An assembly is unlawful if two or more persons
assembled together
1. Commit, or intend to commit, an lawful act in
a violent, boisterous, or tumultuous manner, or
2. Commit, or intend to commit, an unlawful act.
B. Case law has held that the portion of Section 407
which prohibits assemblies to do a "lawful act in a
violent, boisterous, or tumultuous manner" is limited
to assemblies which are violent or which pose a clear
and present danger of imminent violence. In.n:.
Brown, 9 Cal. 3d 612, 623 (1973). There is no case
that has interpreted the "unlawful act" provision of
Section 407. However, since the constitutional rights
of assembly are involved, the "unlawful act: provision
of Section 407 should also be limited to unlawful acts
that are themselves violent or tend to incite others to
violence .
C. An unlawful assembly differs substantially from a
riot in that it is the intent that the assemblage has,
rather than the act it does, which forms the basis of
the offense of unlawful assembly. Section 407
provides law enforcement with a tool to deal with
potentially violent assemblages before the eruption of
District Attomey Emergency Plan 129
actual violence.
What May the Police Do When an Unlawful
Assembly Occurs?
A. A person who participates in.an unlawful
assembly is guilty of a misdemeanor (Penal Code
Section 409) and may be arrested at the scene.
B. If two or more persons commit, or intend to
commit, acts which are violent or threaten violence,
the police may declare the assembly to be unlawful
and order the persons present to disperse. Any
person who refuses to leave may be arrested (Penal
Code Sections 409 and 416).
C. On what other charges may persons who
participate in such an assembly be arrested?
1.
2.
3.
If the persons present at the assembly commit
any unlawful acts, they may, in accordance
with the law of arrest for a misdemeanor or
felony, be arrested.
If a person takes another person from the
lawful custody of an officer making arrests
during such activity and the person does so by
a concerted threat or use of violence (i.e., by ·
riot), that person is guilty of lynching and may
be arrested for that felony. (Penal Code
Section 405a).
Any other criminal acts that might be
committed during a public disturbance.
This Type of Approach as Outlined In this Chapter Is
Advantageous for the Following Reasons:
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A. It gives law enforcement officers several grounds
upon which to base an arrest.
1. The unlawful assembly itself.
2. Any unlawful act committed during the
course of the unlawful assembly.
3. The failure to disperse .
B. Of the statutes that apply to disruption and
disturbance, Section 407 on unlawful assembly
appears to be the most preferable for law
enforcement.
1. Pursuant to Section 409, a warning to disperse
may be given at the scene of a riot, rout or
unlawful assembly. However, a riot (Penal
Code Section 404) and rout (Penal Code
Section 406) require that the use, or
threatened use, of force and violence be
"accompanied by immediate power of
execution." This may be a difficult element to
establish; however, the existence of this
element is not required to establish an
unlawful assembly .
2. An unlawful assembly will occur before a
situation escalates into a rout or riot. It may
be preferable to give a dispersal order while
the assemblage is an unlawful assembly and
more easily controlled by law enforcement than
to wait until a rout or riot situation develops .
C. In subsequent court proceedings the prosecution
is given the option of proceeding upon several
charges. One charge is easier to prove. Penal Code
Section 409 (remaining present after warning to
disperse) is violated by a person who remains at a
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riot, rout, or unlawful assembly after lawfully being
warned to disperse even though he may not have
participated in the assembly itself.
D. The fact that the police gave an order to disperse
before making any arrests indicates that the police
acted reasonably and with restraint. The defense in
civil disturbance cases is often based on "trying the
police," and evidence that the police acted with
restraint can be effectively used by the prosecution to
combat this tactic.
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Appendix A
LOS.ANGELES COUNTY INTERIM POLICIES AND
PROCEDURES CONCERNING EARTHQUAKE
PREDICTIONS/ ADVISORIES
EARTHQUAKE PREDICTIONS/ADVISORIES
It is Los Angeles County's policy to accept earthquake
predictions or advisories that are issued by the Gov
ernor's office of Emergency Services (OES) based on
the valid, scientific determinations made by the Cali
fornia Earthquake Prediction Evaluation Council (CE
PEC). If the County Office of Emergency Management
(OEM) receives predictions or advisories from any oth
er source they shall be documented and referred to the
State OES for evaluation, but no other readiness ac
tions shall be implemented,
SHORT -TERM PREDICTIONS/ADVISORIES
A "Short-Term" prediction is an advisory that an
earthguake is expected to occur within a few hours to
a few weeks, This "interim" policy document only ad-.
dresses short-term predictions/advisories of impending
moderate to strong earthquakes .
NOTIFICATION
OES will notify the County Office of Emergency Man
agement (OEM) that a valid earthquake prediction/
advisory has been issued. The advisory will include in
formation on the location, magnitude, time frame,
probability of occurrence, and other pertinent informa-
tion.
Upon OES notification, the OEM will telephone all
County departments' Emergency Coordinators with
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instructions to implement the readiness actions listed
below.
READINESS ACTIONS
The following actions are considered to be the mini
mum prudent actions all departments shall take in re
sponse to an OES Short-Term earthquake prediction/
advisory of a moderate to strong earthquake:
1. Managers and supervisors shall immediately review
building and department emergency plans with all
staff. Update all home phone numbers and alternate
reporting locations.
2. Evaluate staffing and scheduling needs and take
appropriate action. Put key emergency response per
sonnel on indefini, te standby with predesignated as
signments.
3. Building Emergency Coordinators (BEC's) shall
walk through buildings and take prompt action to cor
rect visible nonstructural hazards.
4. BEC's shall check: 1) first aid kits for completeness,
2) working condition of fire extinguishers, 3) flash- ·
lights and batteries, 4) emergency food and water sup-
. plies, etc.
5. Review deployment of emergency response equip
ment in conjunction with staffing needs.
6. Order tests of all emergency communications, in
cluding Sheriffs test of the Emergency Broadcast Sys
tem (EBS).
7. Ensure that all computer equipment has been se
cured.
134 District Attomey Emergency Plan
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8. Ensure that all vital records are protected.
9. Ensure that all County vehicle gas tanks are kept
full.
10. Expedite readiness of automotive equipment. Give
priority to emergency response vehicles.
11. Review mutual aid agreements and discuss readi
ness posture with conjoined departments/agencies .
12. Review earthquake safety tips with all employees.
13. Implement additional instructions, as directed by
OEM .
District Attorney Emergency Plan 135
•
SUBJE~T INDEX
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Abbreviation of Procedures
44
Activation of Emergency Plan
12
Advice to Officers
43,125
Aircraft
109
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Ammunition
10
Antique Cannon
108
Armbands
53
Arrest for Failure to Disperse
63
Arrest, Unlawful
127
Arson
114-118
• Assault
73
Assignments for Investigators
16
Assistant Commander
14
Attempts
118
Attorney-Client Conference
125
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Ball
48
Battery
77-80
Blackjacks
105
Bureau of Investigation
12, 13, 15 ,42
Bureau of Management & Budget
13,124
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Carrying of Loaded Firearms
106
Case Filing Procedures
44-48
Case Controller 44-45 .
Charts
29-33
Church
120
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City Attorney
47
Civil Disorder
26
Command to Disperse
59
Command Center
13-15
Commander
14
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Complaint Assignment Card
44-45
Concealed Weapons
105-106
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County Ordinance Clerk 124
Daggers 101
Damage Assessment 12
Damage ··Report Form
37
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Deadly Weapon 80-83
Defenses 124-127
Demonstrations 122
Deployment of Personnel 41
Destructive Devices and Explosives 108-113
Dirks 101
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Disaster Area
63-64
Disaster Management 13
Discriminatory Law Enforcement 125-126
. Dispatcher
14
Disruption & Disturbance 51-73
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District Attomey 12, 14,40
Disturbing Peace
68-69
Earthquakes 24,133
Emergency Operations Center 12, 13, 23
Emergency Response Functions 12
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Emergency Telephone Book 24
Entry Without Permission/Consent 87-89
Essential Employees 11, 15
Excessive Force Used by Peace Officer 128
Executive Officers 73
Executive Staff Functions 40
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Explosion 26,111
Explosive 105, 109-111
Family Support Section 13
Felony Cases 46-47
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Fighting 65
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Fighting Words 67
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District Attorney Emergency Plan 13 7
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Firearms 105-114
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Fire Bomb 116
Fires 27
Flags 53
Forcible Entry 90
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General Survival Rules 26-27
Gang Violence 103
Hand-Held Signs 53
Implementing Emergency Procedures 40
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Import of Firearms 105
Information Center 49-50
- Insurrection 117
Intelligence Officer 15
Juvenile Procedures 48-49
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Knives 101-104
Law Enforcement 13
Leaflets 53
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Llason Duties 41,49
Loitering 104-105
Los Angeles Municipal Code 121-124.
Lynching 57-58
Machine Guns 107-108
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Manufacture of Weapon 105
Mass Arrest 40,45
Master File
45,49
Media Inquiries 50
Media/press Relations 44
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Refusal to Leave
89,96
I. Resistance
73-75
Resource & Logistical Support
12
Riot
53-63
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Rout
58
• Sale of Weapons
105,114
Schools
100
School Officials
70
Search & Rescue
12
Search Warrants
43
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Security and Intelligence
42-43
Self Defense
83
Sheriff's Legal Section
124
· Sidewalk, Obstruction of
72,121
Special Assignments
42-44
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Standby Employees
11
State College or University
68-70
State Of Emergency
117
Street, Obstruction of
72
Tear Gas
113-114
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Terrorism
68-70
Throwing Substance
84-85
Transportation Officer
15
Transportation Of Weapon
107, 114_.
Trespasses (General)
85-90
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Trespasses (On School Property)
90-105
Unauthorized Entry of Property
89-90
Unlawful Arrest
74,127
Unlawful Assembly
129-132
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Vandalism
90,118 I .
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Vehicles
83,106
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District Attorney Emergency Plan 139
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Vulgar Words
Weapon
Welfare Fraud Section
140 District Attomey Emergency Plan
67
105-114
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