Unlawful Assembly, Rout, and Riot:

Unlawful Assembly, Rout, and Riot: 
Penal Code §§ 404 et seq.

R.C. Phillips
May, 2021

            Stopping a problem early with individual arrests for disturbing the peace, despite its constitutional restrictions, is still preferable (at least from a tactical standpoint) to having to make mass arrests after the disturbance has degenerated into an unlawful assembly, rout or riot.  However, it is a fact of human nature that most people are not brave enough to do something warranting arrest until they have the security of a crowd giving them anonymity.

            “The right to assemble peaceably, like freedom of speech, is guaranteed by the First Amendment.”  (In re Brown (1973) 9 Cal.3rd 612, at p. 623.)  But an otherwise lawful assembly can become unlawful, as described in Penal Code § ....