California Commission on Peace Officer Standards and Training Basic Course Workbook Series (PDF)

CALIFORNIA COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING Basic Course Workbook Series Student Materials Learning Domain 8 General Criminal Statutes Version 4.7 THE MISSION OF THE CALIFORNIA COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING IS TO CONTINUALLY ENHANCE THE PROFESSIONA...

CALIFORNIA COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING Basic Course Workbook Series Student Materials Learning Domain 8 General Criminal Statutes Version 4.7 THE MISSION OF THE CALIFORNIA COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING IS TO CONTINUALLY ENHANCE THE PROFESSIONALISM OF CALIFORNIA LAW ENFORCEMENT IN SERVING ITS COMMUNITIES  Basic Course Workbook Series Student Materials Learning Domain 8 General Criminal Statutes Version 4.7 © Copyright 2008 California Commission on Peace Officer Standards and Training (POST) All rights reserved. Published 1998 Revised August 2001 Revised January 2006 Revised January 2008 Correction May 11, 2012 Correction March 2017 Updated April 2020 This publication may not be reproduced, in whole or in part, in any form or by any means electronic or mechanical or by any information storage and retrieval system now known or hereafter invented, without prior written permission of the California Commission on Peace Officer Standards and Training, with the following exception: California law enforcement or dispatch agencies in the POST program, POST-certified training presenters, and presenters and students of the California basic course instructional system are allowed to copy this publication for non-commercial use. All other individuals, private businesses and corporations, public and private agencies and colleges, professional associations, and non-POST law enforcement agencies in-state or out-of- state may purchase copies of this publication, at cost, from POST as listed below: From POST’s Web Site: www.post.ca.gov Go to Ordering Student Workbooks  COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING COMMISSIONERS Joyce Dudley – Chair District Attorney Santa Barbara County Rick Braziel – Vice Chair Educator Humboldt State University Alan Barcelona Special Agent Department of Justice Lai Lai Bui Sergeant Sacramento Police Department Richard DeLaRosa Mayor City of Colton Barry Donelan Sergeant Oakland Police Department Robert T. Doyle Sheriff Marin County Eve Irvine Chief Torrance Police Department Geoff Long Public Member John McMahon Sheriff San Bernardino County Jethroe Moore, II Public Member James O’Rourke Officer California Highway Patrol Batine Ramirez Sergeant Placer County Sheriff’s Department Laurie Smith Sheriff Santa Clara County Walter Vasquez Chief La Mesa Police Department Edward Medrano Representing Xavier Becerra Attorney General Ex Officio Member Department of Justice  THE ACADEMY TRAINING MISSION The primary mission of basic training is to prepare students mentally, morally, and physically to advance into a field training program, assume the responsibilities, and execute the duties of a peace officer in society.  FOREWORD The California Commission on Peace Officer Standards and Training sincerely appreciates the efforts of the many curriculum consultants, academy instructors, directors and coordinators who contributed to the development of this workbook. We must also thank the California law enforcement agency executives who allowed their personnel to participate in the development of these training materials. This student workbook is part of the POST Basic Course Training System. The workbook component of this system provides a self-study document for every learning domain in the Basic Course. Each workbook is intended to be a supplement to, not a substitute for, classroom instruction. The objective of the system is to improve academy student learning and information retention and ultimately contribute to you becoming a peace officer committed to safety, and to the communities you will serve. The content of each workbook is organized into sequenced learning modules to meet requirements as prescribed both by California law and the POST Training and Testing Specifications for the Basic Course. It is our hope that the collective wisdom and experience of all who contributed to this workbook will help you, the student, to successfully complete the Basic Course and to enjoy a safe and rewarding career as a peace officer. MANUEL ALVAREZ, Jr. Executive Director  LD 8: General Criminal Statutes Table of Contents Topic See Page Preface iii Introduction iii How to Use the Student Workbook iv Chapter 1: Identifying and Classifying Crimes Related 1-1 to Disorderly Conduct Overview 1-1 General Criminal Statutes 1-3 Lewd Conduct 1-5 Invasion of Privacy 1-7 Prostitution 1-9 Loitering About a Public Toilet 1-11 Public Intoxication 1-12 Chapter Synopsis 1-14 Workbook Learning Activities 1-16 Chapter 2: Identifying and Classifying Crimes Related 2-1 to Public Nuisance Overview 2-1 Prowling 2-3 Peeping 2-4 Disturbing the Peace 2-6 Obstruction of a Public Way 2-10 Chapter Synopsis 2-12 Workbook Learning Activities 2-13 Glossary G-1 LD 8: General Criminal Statutes i  Preface Introduction Student The student workbooks are part of the POST Basic Course Instructional workbooks System. This system is designed to provide students with a self-study document to be used in preparation for classroom training. Regular Basic Completion of the Regular Basic Course is required, prior to exercising peace Course training officer powers, as recognized in the California Penal Code and where the requirement POST-required standard is the POST Regular Basic Course. Student The following elements are included in each workbook: workbook elements chapter contents, including a synopsis of key points supplementary material a glossary of terms used in this workbook LD 8: General Criminal Statutes iii How to Use the Student Workbook Introduction This workbook provides an introduction to the training requirements for this Learning Domain. It is intended to be used in several ways: for initial learning prior to classroom attendance, for test preparation, and for remedial training. Workbook To use the workbook most effectively, follow the steps listed below. format Step Action 1 Begin by reading the: Preface and How to Use the Workbook, which provide an overview of how the workbook fits into the POST Instructional System and how it should be used 2 Refer to the Chapter Synopsis section at the end of each chapter to review the key points that support the chapter objectives 3 Read the text 4 Complete the Workbook Learning Activities at the end of each chapter. These activities reinforce the material taught in the chapter 5 Refer to the Glossary section for a definition of important terms. The terms appear throughout the text and are bolded and underlined the first time they appear (e.g., term) iv LD 8: General Criminal Statutes  Chapter 1 Identifying and Classifying Crimes Related to Disorderly Conduct Overview Learning need Arrest and successful prosecution depends on the development of probable cause. Peace officers need to know the elements required to arrest for crimes related to disorderly conduct and to correctly categorize these crimes as misdemeanors or felonies. Learning The chart below identifies the student learning objectives for this chapter. objectives After completing study of this chapter, the student will be Objective able to: ID Recognize the crime elements required to arrest for: 8.01.5 - Lewd conduct - Invasion of privacy - Prostitution - Loitering about a public toilet - Public intoxication Recognize the crime classification as a misdemeanor or 8.01.9 felony Continued on next page LD 8: Chapter 1 - Identifying and Classifying Crimes Related to Disorderly Conduct 1-1 Overview, Continued In this chapter This chapter focuses on recalling, classifying, and categorizing crimes related to disorderly conduct. Refer to the following chart for specific topics. Topic See Page General Criminal Statutes 1-3 Lewd Conduct 1-5 Invasion of Privacy 1-7 Prostitution 1-9 Loitering About a Public Toilet 1-11 Public Intoxication 1-12 Chapter Synopsis 1-14 Workbook Learning Activities 1-16 1-2 LD 8: Chapter 1 - Identifying and Classifying Crimes Related to Disorderly Conduct General Criminal Statutes Introduction The effective investigation of crimes involves apprehending criminals, assisting crime victims, and protecting the community. To be an effective peace officer, the student must understand how these components interconnect. Leadership General criminal statutes are directly related to the community’s expectation of safety, security, and they are a “quality of life” issue. Peace officers have not only an ethical obligation to enforce these statutes but they have a leadership responsibility to handle these crimes in such a manner that the community looks to the peace officer for guidance and direction regarding all matters associated crimes. This translates to peace officers being the pivotal point for crime prevention programs, neighborhood watch programs and other activities where the peace officer partners with the community to develop strategies that enhance the general safety and welfare of the community at large and enhance the quality of life for all citizens. Ethics Crimes that fall into the category of general criminal statutes can appear minor in comparison to robbery, rape or murder. However, the community at large has an expectation that peace officers will respond to crimes of any nature with the same level of competency and professionalism as they would respond to a more serious crime. Peace officers have an ethical obligation to meet the community’s expectations in such a manner that they cause the community to develop a sense of trust and confidence in the officer’s law enforcement agency. Continued on next page LD 8: Chapter 1 - Identifying and Classifying Crimes Related to Disorderly Conduct 1-3 General Criminal Statutes, Continued Policing General criminal statutes are intended to protect community members against in the crimes that diminish the sense of safety and privacy in the home and in public. community Some of these crimes are lewd conduct, invasion of privacy, prostitution, loitering about a public toilet and public intoxication. While these crimes are sometimes seen as low priority, ignoring or even tolerating them can contribute to the deterioration of a neighborhood. Peace officers and community members can form partnerships to keep neighborhoods free of all levels of crime. Procedural In enforcing general criminal statutes it is particularly important to remember justice to incorporate the principals of procedural justice and to treat suspects, victims, witnesses, and other members of the public, with respect. The bulk of your daily interactions with the public will involve enforcing these statutes, and your relationship with the community will depend on these interactions. The people of California have a right to fair, impartial, and effective policing. 1-4 LD 8: Chapter 1 - Identifying and Classifying Crimes Related to Disorderly Conduct Lewd Conduct Definition The crime of lewd conduct, Penal Code Section 647(a) states: Who solicits anyone to engage in or who engages in lewd or dissolute conduct in any public place or in any place open to the public or exposed to public view. NOTE: No skin-to-skin contact is required. Touching can be through clothing. Crime To arrest a subject for the crime of lewd conduct, the necessary crime elements elements include: any person who solicits or engages in lewd conduct in a public place or a place open to public view Penal Lewd conduct is covered under Penal Code Section 647(a). code section Classification Lewd conduct is a misdemeanor. Related To understand the crime of lewd conduct, peace officers need to become terms familiar with the following terms. Lewd conduct means the touching or soliciting someone to touch the genitals, the buttocks, or the female breast with the intent to sexually arouse gratify, annoy, or offend. “Touching” includes the touching of oneself or another. Continued on next page LD 8: Chapter 1 - Identifying and Classifying Crimes Related to Disorderly Conduct 1-5 Lewd Conduct, Continued Related Public view means an area that can be seen by others. terms (continues) Public place means any area that is accessible to the general public such as a park, street, building open to the public, movie theaters, department stores, or public offices. Examples (1) A man sat on a park bench. When women walk past him, he openly rubbed his genitals for them to see while saying “hey check this out.” The man has committed the crime of lewd conduct because he rubbed his genitals in an attempt to arouse while in a public place. (2) A woman sat at a bar during happy hour. To get attention from some of the men, she opened her blouse to expose her bare breasts and invited everyone to touch them. The woman has committed the crime of lewd conduct because she was attempting to engage in sexual arousal in a public place. 1-6 LD 8: Chapter 1 - Identifying and Classifying Crimes Related to Disorderly Conduct Invasion of Privacy Definition Any person who looks through a hole or opening, into, or otherwise views, by means of any instrumentality, including, but not limited to, a periscope, telescope, binoculars, camera, motion picture camera, or camcorder, or mobile phone the interior of a bedroom, bathroom, changing room, fitting room, dressing room, or tanning booth, or the interior of any other area in which the occupant has a reasonable expectation of privacy, with the intent to invade the privacy of a person or persons inside. Penal Code Section 647(j)(1). Crime To arrest a subject for invasion of privacy, the necessary crime elements elements include: looking through a hole or opening or otherwise viewed by means of any instrumentality into a private area with the intent to invade the privacy of people therein Penal Invasion of privacy is covered under Penal Code Section 647(j)(1). code section Classification Invasion of privacy is a misdemeanor. Examples (1) A man climbed into a tree and looked around using his binoculars. He looked toward a nearby building and noticed that a window opened into a bathroom. He focused on the window and saw a woman taking a shower. He has committed the crime of invasion of privacy because he continued to look into an open window even when he realized it was a private bathroom. Continued on next page LD 8: Chapter 1 - Identifying and Classifying Crimes Related to Disorderly Conduct 1-7 Invasion of Privacy, Continued Examples (2) A security guard at the local health club drilled holes into the (continues) men’s and women’s bathrooms. He then covered each hole with a picture. Whenever anyone entered a bathroom, he moved the picture aside and looked in and watched the person use the toilet. He has committed the crime of invasion of privacy because he invaded the privacy of the people by peering into the bathroom. 1-8 LD 8: Chapter 1 - Identifying and Classifying Crimes Related to Disorderly Conduct Prostitution Definition The crime of prostitution occurs when a person solicits another person or agrees to engage in any lewd act for money or other consideration. Crime To arrest a subject for prostitution, the necessary crime elements include: elements any person who solicits agrees to engage in engages in any act of prostitution, or some act is agreed to and done in the furtherance of prostitution Penal Prostitution is covered under Penal Code Section 647(b). code section Classification Prostitution is a misdemeanor. Additional The table below shows additional penal code sections which deal with specific penal incidences of the crime of prostitution. code sections Circumstances of Crime Crime Classification Penal Code Section Pimping felony 266h Continued on next page LD 8: Chapter 1 - Identifying and Classifying Crimes Related to Disorderly Conduct 1-9 Prostitution, Continued Additional Circumstances of Crime Crime Classification Penal Code penal Section code Pandering (obtaining another person felony 266i sections to be a prostitute) (continued) Loitering with intent to commit misdemeanor 653.22(a) prostitution Related To understand the crime of prostitution, peace officers need to become terms familiar with the following term. Solicit means to seek to induce or try to obtain. Examples (1) A man walked by a group of women. One woman called out to him and offered to take him to a room and perform multiple sex acts for $100. The woman has committed the crime of prostitution because she offered sex in return for payment. (2) Two men in a gay bar were talking and dancing. One man offered to pay the other for sex and money exchanged hands. They have committed the crime of prostitution because one offered payment (solicitation), and the other accepted the money. 1-10 LD 8: Chapter 1 - Identifying and Classifying Crimes Related to Disorderly Conduct Loitering About a Public Toilet Definition The crime of loitering about a public toilet means lingering in or about any toilet open to the public for the purpose of engaging in or soliciting any lewd, lascivious, or unlawful act. Penal Loitering about a public toilet is covered under Penal Code Section 647(d). code section Crime To arrest a subject for loitering about a public toilet, the necessary crime elements elements include: loitering in or about any toilet facility open to the public for the purpose of soliciting or engaging in a lewd or lascivious or unlawful act Classification Loitering about a public toilet is a misdemeanor. Examples (1) A man stood inside the men’s room at the local amusement park. He eyed each man as he came into the bathroom. The man would walk up to each man and stare at the man’s genitals as he urinated saying, “Can I help you with that?” The man has committed the crime of loitering about a public toilet to engage in a lewd act by watching men go to the bathroom. (2) A man stood outside a public restroom. Every time a woman walked past him he offered to engage in oral sex. The man has committed the crime of loitering about a public toilet because he was soliciting a lewd act. LD 8: Chapter 1 - Identifying and Classifying Crimes Related to Disorderly Conduct 1-11 Public Intoxication Definition The crime of public intoxication occurs when a person is found in any public place under the influence of intoxicating liquor, any drug, controlled substance, or toluene to the extent that he or she cannot care for his or her own safety or the safety of others or is obstructing any street, sidewalk, or public way. Penal Public intoxication is covered under Penal Code Section 647(f). code section NOTE: Penal Code Sections 647(f) and 647f are different penal code sections. Crime To arrest a subject for public intoxication, the necessary crime elements elements include: any person in a public place under the influence of alcohol or drugs, and who is unable to care for his or her own safety or the safety of others or is obstructing a public way NOTE: Public intoxication does not require either field sobriety tests or chemical tests. Classification Public intoxication is a misdemeanor. Continued on next page 1-12 LD 8: Chapter 1 - Identifying and Classifying Crimes Related to Disorderly Conduct Public Intoxication, Continued Examples (1) A woman sat on a park bench and drank out of a wine bottle in a brown paper bag. After several minutes, she passed out. The woman has committed the crime of public intoxication because she was under the influence of alcohol and unable to care for herself in a public place. (2) A man drank a bottle of alcohol while sitting in a bar. At one point he got so intoxicated he fell on the floor and couldn’t get up again. The man has committed the crime of public intoxication because he was under the influence of alcohol in a public place and obstructed a public way. LD 8: Chapter 1 - Identifying and Classifying Crimes Related to Disorderly Conduct 1-13 Chapter Synopsis Learning need Arrest and successful prosecution depends on the development of probable cause. Peace officers need to know the elements required to arrest for crimes related to disorderly conduct and to correctly categorize these crimes as misdemeanors or felonies. Lewd Any person who solicits or engages in lewd conduct in a public place or a conduct place open to the public. [8.01.5] Prostitution Any person who solicits or agrees to engage in or engages in any act of [8.01.5] prostitution, or some act is agreed to and done in the furtherance of prostitution. Loitering Loitering in or about any toilet facility open to the public for the purpose of about a soliciting or engaging in a lewd or unlawful act. public toilet [8.01.5] Public The crime of public intoxication occurs when a person is found in any public intoxication place under the influence of intoxicating liquor, any drug, controlled [8.01.5] substance, or toluene to the extent that he or she cannot care for his or her own safety or the safety of others or is obstructing any street, sidewalk, or public way. Continued on next page 1-14 LD 8: Chapter 1 - Identifying and Classifying Crimes Related to Disorderly Conduct Chapter Synopsis, Continued Crime The various penal codes mentioned in this chapter specify the types of crimes classifications and their classifications. misdemeanor/ felony [8.01.9] Invasion The invasion of privacy is looking into a private area with the intent to invade of privacy the privacy of an individual [8.01.5] LD 8: Chapter 1 - Identifying and Classifying Crimes Related to Disorderly Conduct 1-15 Workbook Learning Activities Introduction To help you review and apply the material covered in this chapter, a selection of learning activities has been included. No answers are provided. However, by referring to the appropriate text, you should be able to prepare a response. Activity 1. Describe three prostitution related crimes that would be classified as questions felonies. 2. A woman called peace officers to report that her male neighbor, regularly sunbathes in the nude in his fenced backyard. The yard, however, is visible from her second floor deck. On this occasion, the woman’s seven- year-old son went out on the balcony and saw the neighbor begin to masturbate as he sunbathed. What, if any, crime has the man committed? What action should the peace officers take? Continued on next page 1-16 LD 8: Chapter 1 - Identifying and Classifying Crimes Related to Disorderly Conduct Workbook Learning Activities, Continued Activity 3. A man stumbled, fell and remained seated blocking a sidewalk. Officers questions arrived and noticed the man smelled heavily of an alcoholic beverage. He (continued) was arrested and the following day he protested his arrest claiming that there were no tests administered. Did peace officers, in this instance, fail to collect required evidence? Explain. 4. Four tourists are lingering in a public toilet at a state park where it is raining heavily. They are inconveniencing others because they are taking up space in a small facility, but their intent is only to stay dry until the storm passes. The park ranger tells them that he will arrest them for loitering about a public toilet if they don’t leave the facility. Is this a correct response? Why or why not? LD 8: Chapter 1 - Identifying and Classifying Crimes Related to Disorderly Conduct 1-17 Workbook Corrections Suggested corrections to this workbook can be made by going to the POST website at: www.post.ca.gov 1-18 LD 8: Chapter 1 - Identifying and Classifying Crimes Related to Disorderly Conduct  Chapter 2 Identifying and Classifying Crimes Related to Public Nuisance Overview Learning need Arrest and successful prosecution depends on the development of probable cause. Peace officers need to know the elements required to arrest for crimes related to public nuisance and to correctly categorize these crimes as misdemeanors. Learning The chart below identifies the student learning objectives for this chapter. objectives After completing study of this chapter, the student will be Objective able to: ID Recognize the crime elements required to arrest for: 8.02.13 - Disturbing the peace - Obstruction of a public way - Prowling and peeping Recognize the crime classification as a misdemeanor 8.02.12 Continued on next page LD 8: Chapter 2 - Identifying and Classifying Crimes Related to Public Nuisance 2-1 Overview, Continued In this chapter This chapter focuses on recalling, classifying, and categorizing crimes related to public nuisance. Refer to the following chart for specific topics. Topic See Page Prowling 2-3 Peeping 2-4 Disturbing the Peace 2-6 Obstruction of a Public Way 2-10 Chapter Synopsis 2-12 Workbook Learning Activities 2-13 2-2 LD 8: Chapter 2 - Identifying and Classifying Crimes Related to Public Nuisance Prowling Definition The crime of prowling is when a person loiters, prowls, or wanders upon the private property of another, at any time, without visible or lawful business with the owner or occupant. Penal Prowling is covered under Penal Code Section 647(h). code section Crime To arrest a subject for prowling, the necessary crime elements include: elements any person who loiters, prowls, or wanders on private property of another, at any time without visible or lawful business with the owner or occupant Loiter means to delay or linger without a lawful purpose for being on the property and for the purpose of committing a crime as opportunity may be discovered. NOTE: The owner or occupant does not have to be present. Classification Prowling is classified as a misdemeanor. Examples (1) A woman who does not live at or know the occupants of a residence enters the back yard looking for something of value to steal. (2) A man walked around a housing complex in the middle of the day. He walked from house to house and rang doorbells to see if the residents were home. When another resident walked by he pretended to be waiting for the bus. He has committed the crime of prowling because he was loitering on private property. Continued on next page LD 8: Chapter 2 - Identifying and Classifying Crimes Related to Public Nuisance 2-3 Peeping Definition The crime of peeping is when a person, while loitering. prowling, or wandering upon private property, peeks in the door or window of any inhabited building or structure and has no visible or lawful business with the owner or occupant. Penal Peeping is covered under Penal Code Section 647(i). code section Crime To arrest a subject for peeping, the necessary crime elements include: elements loitering, prowling, or wandering on the private property of another, at any time peeking in the door or window of any inhabited building or structure without visible or lawful business with the owner or occupant NOTE: Peeping must meet all the elements of prowling (Penal Code Section 647(h) in addition to violating the elements related to peeping. Classification Peeping is classified as a misdemeanor. Continued on next page 2-4 LD 8: Chapter 2 - Identifying and Classifying Crimes Related to Public Nuisance Peeping, Continued Examples (1) At around two in the morning, a man wandered around outside a house not in his neighborhood. He looked into several windows and stopped at one where he saw a child sleeping. The man has committed the crime of peeping because he was looking in the windows of an occupied house that was not his own. (2) A woman was prowling around the first floor of an apartment building and looking into the basement windows. When the maintenance man asked her what she was doing, she walked away from the building. The woman has committed the crime of peeping because she was looking into the windows of a private apartment building without any lawful purpose. LD 8: Chapter 2 - Identifying and Classifying Crimes Related to Public Nuisance 2-5 Disturbing the Peace Introduction Disturbing the peace occurs when a person’s activity causes unlawful fighting, making loud or unreasonable noises, or using offensive words. Definitions The crime of unlawful fighting is when a person unlawfully fights in a public place or challenges another person in a public place to fight. The crime of making loud and unreasonable noise is when a person maliciously and willfully disturbs another person by loud and unreasonable noise. The crime of using offensive words is when a person uses offensive words in a public place which are inherently likely to provoke an immediate violent reaction. Penal Unlawful fighting is covered under Penal Code Section 415(1). code sections Making loud and unreasonable noises is covered under Penal Code Section 415(2). Using offensive words is covered under Penal Code Section 415(3). Continued on next page 2-6 LD 8: Chapter 2 - Identifying and Classifying Crimes Related to Public Nuisance Disturbing the Peace, Continued Crime To arrest a suspect for disturbing the peace, the necessary crime elements elements include: Fighting Loud Noises Offensive Words unlawfully fighting willfully and using offensive or challenging to maliciously words fight disturbing another in a public place in a public place (or person which are inherently place open to public by loud and likely to provoke an view or access) unreasonable immediate violent noise reaction Classification Disturbing the peace is a misdemeanor. First Words, shouting, or cheering that are intended to express ideas are considered Amendment communication. These ideas are protected under the First Amendment to the rights and U.S. Constitution which guarantees the right to freedom of speech. use of offensive The utterance of offensive words must be “inherently likely to provoke an words immediate violent reaction” based on the circumstances then present. This reaction applies to anyone, including peace officers. It is necessary for reports to illustrate the circumstances in which the utterance was made. Any violent reaction which did not occur as a result of the utterance should be explained. Continued on next page LD 8: Chapter 2 - Identifying and Classifying Crimes Related to Public Nuisance 2-7 Disturbing the Peace, Continued Determining The chart below lists three factors to help the peace officer determine if noise a loud is unreasonable. noise The noise might be For example... However... considered unreasonable because of the... time of day a motorcycle revving up revving up at 10 a.m. at 3 a.m. may be annoying, but is not unreasonable place where noise a person talking loudly addressing the librarian takes place in a public library in a conversational tone is normal business manner in which a driver honking the car honking of the car horn noise is made horn because the driver as a warning that the is impatient and just other car is veering into wants the other cars to the wrong lane of traffic get out of the way is acceptable noise Continued on next page 2-8 LD 8: Chapter 2 - Identifying and Classifying Crimes Related to Public Nuisance Disturbing the Peace, Continued Examples (1) A teenage boy was a member of a band that usually practiced in his garage in the early evening. One summer day, they left the garage door open and continued to play past midnight. The neighbor repeatedly requested that the boy close the garage door, but the boy refused. The neighbor called the police. The boy has committed the crime of loud noises because of the unreasonably late hour. (2) At 5:00 am on a Sunday morning, a man used his new gas- powered leaf blower to clean up his yard. Because the time of his use is unreasonable, the neighbor called the police. The man committed the crime of disturbing the peace. LD 8: Chapter 2 - Identifying and Classifying Crimes Related to Public Nuisance 2-9 Obstruction of a Public Way Introduction A person who willfully and maliciously obstructs a public way and forces people to go out of their way is committing a crime. Definition The crime of obstruction of a public way occurs when a person willfully and maliciously obstructs the free movement of another person on any street, sidewalk, or other public place. NOTE: Nothing in this section affects the power of a state, county or a city to regulate conduct upon public way. Penal Obstruction of any public way is covered under Penal Code Section 647c. code section Crime In order to arrest a subject for obstruction of streets, sidewalks, or other public elements way, the necessary crime elements include: any person who willfully and maliciously obstructs the free movement of any person on any public way Classification Obstruction of any public way is a misdemeanor. Continued on next page 2-10 LD 8: Chapter 2 - Identifying and Classifying Crimes Related to Public Nuisance Obstruction of a Public Way, Continued Examples (1) A group of teenagers gathered at the corner of a busy downtown intersection with a lot of pedestrian traffic. They refused to move out of the way so that other people could walk past them. The pedestrians were forced to step into the street to walk around the group. The group has committed the crime of obstructing a public way because they prevented people from using the sidewalk. (2) The limousine of a visiting controversial dignitary drove down the city’s main street. As it passed through the third block, several protestors broke through the police lines, stood in the street, chanted protest slogans, and prevented the limo from continuing. The protesters have committed the crime of obstructing a public way because they are willfully preventing free movement of vehicles in the street, and they had no permit allowing them to use the street for a protest. LD 8: Chapter 2 - Identifying and Classifying Crimes Related to Public Nuisance 2-11 Chapter Synopsis Learning need Arrest and successful prosecution depends on the development of probable cause. Peace officers need to know the elements required to arrest for crimes related to public nuisance and to correctly categorize these crimes as misdemeanors. Prowling Any person who loiters, prowls, or wanders on private property of another [8.02.13] with out visible or lawful business for the purpose of committing a crime. Peeping Any person loitering, prowling, or wandering on private property and peeking [8.02.13] into doors or windows without lawful business with the intent to commit a crime. Disturbing Disturbing the peace occurs when a person’s activities cause offense, the peace disturbance, or obstruction in a public area, such as unlawful fighting, making [8.02.13] loud or unreasonable noise, or using offensive words. Obstruction A person willfully and maliciously obstructs the free movement of another of a public person or any street, sidewalk, or other public place. way [8.02.13] Crime Based on penal codes referenced in this chapter all the types of crimes are classification as classified as misdemeanors. misdemeanor [8.02.12] 2-12 LD 8: Chapter 2 - Identifying and Classifying Crimes Related to Public Nuisance Workbook Learning Activities Introduction To help you review and apply the material covered in this chapter, a selection of learning activities has been included. No answers are provided. However, by referring to the appropriate text, you should be able to prepare a response. Activity 1. Describe an instance in which cursing and using obscenities in public questions would be considered to be disturbing the peace. Then, describe an instance in which the same language would not be considered to be disturbing the peace. 2. Peace officers arrive on the scene at a local deli. A man has positioned himself on a public sidewalk directly in front of the entrance. He is stepping directly in front of anyone trying to enter the restaurant and explaining to each person that he received poor treatment and service in the establishment. What action, if any, should the officers take? How would this differ if the man just steps up to people, begging their pardon, and explains the poor treatment without ever standing in their way. Continued on next page LD 8: Chapter 2 - Identifying and Classifying Crimes Related to Public Nuisance 2-13 Workbook Learning Activities, Continued Student notes LD 8: Chapter 2 - Identifying and Classifying Crimes Related to Public Nuisance 2-14  Glossary Introduction The following glossary terms apply only to Learning Domain 8: General Criminal Statutes. disturbing a person’s activity causes unlawful fighting, making loud or unreasonable the peace noises or using offensive language invasion a person looks through a hole or opening with or without the aid of some of privacy instrument (e.g., a periscope, telescope, binoculars, camera, or camcorder) into the interior of a bathroom or the interior of any other area in which the occupant has a reasonable expectation of privacy lewd touching or soliciting someone to touch the genitals, the buttocks or the female conduct breast with intent to sexually arouse, gratify, annoy, or offend, while in a public place or in public view loiter to delay or linger without a lawful purpose for being on the property and for the purpose of committing a crime as opportunity may be discovered loitering lingering in or about any toilet open to the public for the purpose of engaging about a in or soliciting any lewd, lascivious, or any unlawful act public toilet making a person maliciously and willfully disturbs another person by loud and loud and unreasonable noise unreasonable noise obstruction a person willfully and maliciously obstructs the free movement of another of a public person on any street, sidewalk, or other public place way Continued on next page LD 8: Glossary G-1 Glossary, Continued peeping a person, when loitering, prowling, or wandering upon private property, peeks in the door or window of any inhabited building prostitution a person solicits another person or agrees to engage in any lewd act for money or other consideration prowling a person loiters, prowls, or wanders upon the private property of another, at any time, without visible or lawful business with the owner or occupant with the intent to commit a crime public a person is found in any public place under the influence of intoxicating intoxication liquor, any drug, controlled substance, or toluene to the extent that he or she cannot care for his or her own safety or the safety of others, or he or she is obstructing any street, sidewalk, or public way. public any area that is accessible to the general public such as a park, street, building place open to the public, movie theaters, department stores, or public offices public an area that can be seen by others view solicit to seek to induce or try to obtain unlawful a person unlawfully fights in a public place or challenges another person in a fighting public place to fight using a person uses offensive words in a public place which are inherently likely to offensive provoke an immediate violent reaction words G-2 LD 8: Glossary