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Call Now: 904-383-7448A person in a gathering who refuses to obey the reasonable official request or order of a peace officer or firefighter to move, for the purpose of promoting the public safety by dispersing those gathered in dangerous proximity to a fire or other emergency, is guilty of a misdemeanor.
(Code 1933, § 26-2606, enacted by Ga. L. 1968, p. 1249, § 1; Ga. L. 2002, p. 660, § 4; Ga. L. 2002, p. 1259, § 11.)
- Freedom of assembly, Ga. Const. 1983, Art. I, Sec. I, Para. IX.
Further provisions regarding willful failure or refusal to comply with order by policeman or firefighter directing, controlling, or regulating traffic, § 40-6-2.
O.C.G.A. § 16-10-30 is not unconstitutionally vague or overbroad. Sabel v. State, 250 Ga. 640, 300 S.E.2d 663 (1983).
- "Reasonable official request," "dangerous proximity," and "emergency," when given their ordinary meaning, are words of common understanding that are sufficiently definite to inform a person of common intelligence as to when that person is violating the law. Sabel v. State, 250 Ga. 640, 300 S.E.2d 663 (1983).
Application of O.C.G.A. § 16-10-30 to members of the Revolutionary Communist Party involved in an angry public confrontation with residents of an apartment complex, in the absence of any violent acts, or of efforts of the police to respond directly to any illegal conduct without focusing enforcement efforts on those engaged in speech, was unconstitutional. Sabel v. Stynchcombe, 746 F.2d 728 (11th Cir. 1984).
Cited in State v. Burroughs, 244 Ga. 288, 260 S.E.2d 5 (1979).
- 53A Am. Jur. 2d, Mobs and Riots, §§ 16, 27.
- 67 C.J.S., Obstructing Justice or Governmental Administration, §§ 4, 18.
- Failure or refusal to obey police officer's order to move on, on street, as disorderly conduct, 65 A.L.R.2d 1152.
Validity and construction of statute or ordinance forbidding unauthorized persons to enter upon or remain in school building or premises, 50 A.L.R.3d 340.
What constitutes such discriminatory prosecution or enforcement of laws as to provide valid defense in state criminal proceedings, 95 A.L.R.3d 280.
Criminal and civil liability of civilians and police officers concerning recording of police actions, 84 A.L.R.6th 89.
Total Results: 1
Court: Supreme Court of Georgia | Date Filed: 1983-03-01
Citation: 300 S.E.2d 663, 250 Ga. 640, 1983 Ga. LEXIS 1022
Snippet: the offense of failure to disperse. See, OCGA § 16-10-30 (Code Ann. § 26-2606). The evidence presented