I'm trying to figure out how to word this request without sounding hostile. I can only say that I'm not here to attack or condemn but only to understand. I'm looking for logic, not a fight. I'm trying to understand the philosophy. I want to be convinced that there is sound reasoning behind what I'm seeing.
The Occupy movements. I probably don't even
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Most of the Occupy movement people, were non-compliant, using non aggressive resisting (holding on to each other), preventing L.E. in doing their jobs. Refusing to comply with a lawful order. Reasonable force is used to force a person to comply, or arrest that person (non-lethal force). It's heart breaking to see these types of actions, but people who are breaking the law, and disrupting public order, are usually made to move, if not by their own will then by force.
I've been in one major riot, during my career, the L.A. riots after the Rodney King verdicts. Non-lethal force was used most every-time, but usually was more than necessary due to it being dangerous for not only law enforcement, but fire personnel as well. Many of the firemen wore bullet proof vests, they were targets by these rioting people. Many times, officers used great restraint in not using deadly force with people.
I'm afraid, based on your question, you don't understand or don't care to understand what the law says. These people violated the law and therefore are subject to arrest based on the law.
The law:
PARTICIPATION in an UNLAWFUL ASSEMBLY - Every person who participates in an unlawful assembly is guilty of a violation of said penal code is a misdemeanor. In order to prove this CRIME, each of the following elements must be proved: 1)An unlawful assembly occurred; and 2) the defendant willfully and knowingly participated in the unlawful assembly.
OR / AND
REFUSAL TO DISPERSE WHEN ORDERED - Every person who remains present at the place of any [riot] [or] [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 guilt of a misdemeanor.
1) A [riot] [rout] [unlawful assembly] occurred;
2) Defendant was present at the place of the [riot] [rout] unlawful assembly];
3) Defendant was lawfully warned to disperse;
4) Defendant was not a public officer or a person assisting a public officer in attempting to disperse [riot] [rout] unlawful assembly]; and
5) Defendant willfully remained not withstanding the warning.
All those who do not leave once a command to leave has been given is guilt of these crimes and are subject to arrest. Those that remain forfeit their right to freedom's and are subject to being taking into custody. Which is usually met by using non-lethal force (O.C., bean bags, Tasers, canines), and pain compliance.
If there are non-combative arrestees, usually just pain compliance and escorts are used. However, many times, officer us more force, because the non-complaint arrestees are resisting with his or her own force. Arresting Officer, are trained to use force greater than the resisting force by the arrestees. Sometimes, having the appearance of excessive force. No Officer has to stand there and take a beating, to accomplish his job or task.
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