Affrays and Riots Flashcards Preview

Woods -FSS 870 Affrays, Riots, Unlawful Assemblies > Affrays and Riots > Flashcards

Flashcards in Affrays and Riots Deck (20)
Loading flashcards...
1

All persons guilty of an affray shall be guilty of a _______________.

misdemeanor of the first degree

2

All persons guilty of a riot, or of inciting or encouraging a riot, shall be guilty of a ______________.

felony of the third degree

3

Unlawful assemblies.—If _____ or more persons meet together to commit a breach of the peace, or to do any other unlawful act, each of them shall be guilty of a ________________.

three

misdemeanor of the second degree

4

Riots and routs.—If any persons unlawfully assembled demolish, pull down or destroy, or begin to demolish, pull down or destroy, any dwelling house or other building, or any ship or vessel, each of them shall be guilty of a _______________.

felony of the third degree

5

Specified officers to disperse riotous assembly.—If any number of persons, whether armed or not, are unlawfully, riotously, or tumultuously assembled in any county, city, or municipality, the sheriff or the sheriff’s deputies, or the mayor, or any commissioner, council member, alderman, or police officer of the city or municipality shall go among the persons so assembled, or as near to them as may be done with safety, and shall in the name of the ____ command all the persons so assembled immediately and peaceably to ______.

state

disperse

6

Specified officers to disperse riotous assembly
If any person present being so commanded to aid and assist in seizing and securing such rioter or persons so unlawfully assembled, or in suppressing such riot or unlawful assembly, refuses or neglects to obey such command, or, when required by such officers to depart from the place, refuses and neglects to do so, the person shall be deemed one of the______________________ and may be prosecuted and punished accordingly.

one of the rioters or persons unlawfully assembled

7

870.041-Preservation of the public peace by local authority.—In the event of overt acts of violence, or the imminent threat of such violence, within a county or municipality and the Governor has not declared a state of emergency to exist, __________shall be empowered to declare such a state of emergency exists.

local officers

8

870.042-Designation of local authority.—
The sheriff of each of the several counties of this state, or such other county official having the duties of a sheriff in counties operating under home rule charter, by whatever name known, shall be empowered to declare that a ______________exists within the unincorporated areas of the county and to exercise the emergency powers conferred in ss. 870.041-870.047.

state of emergency

9

870.042-Designation of local authority.—
The designated city official shall be either the ______ or _________ or the person who performs the duties of a mayor or chief of police in such municipality.

mayor or chief of police

10

870.043-Declaration of emergency
Whenever the ______ or designated _________ determines that there has been an act of violence or a flagrant and substantial defiance of, or resistance to, a lawful exercise of public authority and that, on account thereof, there is reason to believe that there exists a clear and present danger of a riot or other general public disorder, widespread disobedience of the law, and substantial injury to persons or to property, all of which constitute an imminent threat to public peace or order and to the general welfare of the jurisdiction affected or a part or parts thereof, he or she may declare that a state of emergency exists within that jurisdiction

sheriff

city official

11

870.044-Automatic emergency measures.—
Whenever the public official declares that a state of emergency exists, pursuant to s. 870.043, the following acts shall be prohibited during the period of said emergency throughout the jurisdiction: (3)

(1) The sale of, or offer to sell, with or without consideration, any ammunition or gun or other firearm of any size or description
2) The intentional display, after the emergency is declared, by or in any store or shop of any ammunition or gun or other firearm of any size or description.
(3) The intentional possession in a public place of a firearm by any person, except a duly authorized law enforcement official or person in military service acting in the official performance of her or his duty.

12

870.045-Discretionary emergency measures
Whenever the public official declares that a state of emergency exists, pursuant to s. 870.043, he or she may order and promulgate all or any of the following emergency measures, in whole or in part, with such limitations and conditions as he or she may deem appropriate: (6)

(1) The establishment of curfews
(2) The prohibition of the sale or distribution of any alcoholic beverage
3) The prohibition of the possession on any person in a public place of any portable container containing any alcoholic beverage
(4) The closing of places of public assemblage with designated exceptions
(5) The prohibition of the sale or other transfer of possession, with or without consideration, of gasoline or any other flammable or combustible liquid altogether or except by delivery into a tank properly affixed to an operable motor-driven vehicle, bike, scooter, boat, or airplane and necessary for the propulsion thereof
(6) The prohibition of the possession in a public place of any portable container containing gasoline or any other flammable or combustible liquid

13

870.046-Filing and publication
Any state of emergency or emergency measure declared or ordered and promulgated by virtue of the terms of ss. 870.041-870.045 shall, as promptly as practicable, be filed in the office of the municipal clerk or clerk of the circuit court and delivered to appropriate _____ ______ for publication and radio and television broadcast thereof

news media

14

870.047-Duration and termination of emergency
A state of emergency shall commence upon the declaration thereof by the public official and shall terminate at the end of a period of __ consecutive hours thereafter unless, prior to the end of such __-hour period, the public official, the Governor, county commission, or city council shall have terminated such state of emergency.

72, 72

15

870.047-Duration and termination of emergency
Any extension of the 72-hour time limit must be accomplished by request from the public official and the concurrence of the county commission or ____________ by duly enacted ordinance or resolution in regular or special session.

city council

16

870.048-Violations.—Any violation of a provision of ss. 870.041-870.047 or of any emergency measure established pursuant thereto shall be a ________________.

misdemeanor of the first degree

17

870.05-When killing excused
If, by reason of the efforts made by any of said officers or by their direction to disperse such assembly, or to seize and secure the persons composing the same, who have refused to disperse, any such person or other person present is killed or wounded, the said officers and all persons acting by their order or under their direction, shall be held __________________.

guiltless and fully justified in law

18

870.05-When killing excused
if any of said officers or any person acting under or by their direction is killed or wounded, all persons so assembled and all other persons present who when commanded refused to aid and assist said officer shall be held ________.

answerable

19

870.06-Unauthorized military organizations
No body of persons shall associate themselves together as a military organization for drill or parade in public with ______, in this state, without special license from the Governor for each occasion, and application for such license must be approved by the mayor and aldermen of the cities and towns where such organizations may propose to parade.

firearms

20

870.06-Unauthorized military organizations
Each person unlawfully engaging in the formation of such military organization, or participating in such drill or parade, shall be guilty of a __________________.

misdemeanor of the second degree