ยง 240.20 Disorderly conduct.
A person is guilty of disorderly conduct when, with intent to cause
public inconvenience, annoyance or alarm, or recklessly creating a risk
thereof:
1. He engages in fighting or in violent, tumultuous or threatening
behavior; or
2. He makes unreasonable noise; or
3. In a public place, he uses abusive or obscene language, or makes an
obscene gesture; or
4. Without lawful authority, he disturbs any lawful assembly or
meeting of persons; or
5. He obstructs vehicular or pedestrian traffic; or
6. He congregates with other persons in a public place and refuses to
comply with a lawful order of the police to disperse; or
7. He creates a hazardous or physically offensive condition by any act
which serves no legitimate purpose.
Disorderly conduct is a violation.
The problem that the police encountered with making the arrests of the five people is that those arrested were not obstructing pedestrian traffic. This probably motivated them to release those arrested minutes after their apprehension.
Insomuch as with considering the broad width of the sidewalk, the protestors were standing in a line on the inside perimeter to protest and the few amount of pedestrians.
Thereby, the facts and circumstances corresponding to the arrests was being video tapped that would indicate the threshold to meet probable cause to justify the arrests were not met; to constitute a false arrest had occurred.
In NY ‘disorderly conduct’ is a violation, and it does not view a conviction of a violation to be a conviction of a crime.
This is the law the police were misapplying:
ยง 240.20 Disorderly conduct.
A person is guilty of disorderly conduct when, with intent to cause
public inconvenience, annoyance or alarm, or recklessly creating a risk
thereof:
1. He engages in fighting or in violent, tumultuous or threatening
behavior; or
2. He makes unreasonable noise; or
3. In a public place, he uses abusive or obscene language, or makes an
obscene gesture; or
4. Without lawful authority, he disturbs any lawful assembly or
meeting of persons; or
5. He obstructs vehicular or pedestrian traffic; or
6. He congregates with other persons in a public place and refuses to
comply with a lawful order of the police to disperse; or
7. He creates a hazardous or physically offensive condition by any act
which serves no legitimate purpose.
Disorderly conduct is a violation.
The problem that the police encountered with making the arrests of the five people is that those arrested were not obstructing pedestrian traffic. This probably motivated them to release those arrested minutes after their apprehension.
Insomuch as with considering the broad width of the sidewalk, the protestors were standing in a line on the inside perimeter to protest and the few amount of pedestrians.
Thereby, the facts and circumstances corresponding to the arrests was being video tapped that would indicate the threshold to meet probable cause to justify the arrests were not met; to constitute a false arrest had occurred.
In NY ‘disorderly conduct’ is a violation, and it does not view a conviction of a violation to be a conviction of a crime.
Hey, does point #4 apply to the NYPD? Just a thought.