(a) Any law-enforcement officer or public official responsible for keeping the peace may issue a command to disperse in accordance with this section if he reasonably believes that a riot, or disorderly conduct by an assemblage of three or more persons, is occurring. The command to disperse shall be given in a manner reasonably calculated to be communicated to the assemblage.
(b) Any person who fails to comply with a lawful command to disperse is guilty of a Class 2 misdemeanor.
(c) If any person remains at the scene of any riot, or disorderly conduct by an assemblage of three or more persons, following a command to disperse and after a reasonable time for dispersal has elapsed, it is prima facie evidence that the person so remaining is willfully engaging in the riot or disorderly conduct, as the case may be. (1969, c. 869, s. 1; 1993, c. 539, s. 190; 1994, Ex. Sess., c. 24, s. 14(c).)
Notes of Decisions
State v. Clark, 206 S.E.2d 252 (N.C. Ct. App. 1974).
· cites it 10× “The sheriff states under oath that defendant failed and refused to disperse when he, the sheriff, commanded defendant to disperse.”
Brooks v. N.C. Dep't of Corr., 984 F. Supp. 940 (E.D.N.C. 1997).
· cites it 2× “N.C. Gen.Stat. § 14-288.5 (1993). Much like the statute in Colten , this statute is narrowly tailored to prohibit the unprotected activity of refusing to obey a valid police command under certain circumstances.”
Fuller v. Scott, 328 F. Supp. 842 (M.D.N.C. 1971).
· cites it 5× “The same may be said of North Carolina General Statute § 14-288.4(5) and (6).”
State v. Orange, 206 S.E.2d 377 (N.C. Ct. App. 1974).
· cites it 2× “Defendant was charged with failing to disperse after having been commanded to do so by a law enforcement officer responsible for keeping the peace who had reasonable grounds to believe that disorderly conduct by an assemblage of three or more persons was occurring, a violation…”
State v. Thomas, 221 S.E.2d 749 (N.C. Ct. App. 1976).
“Accompanied by Officer C. N. Bennett, he returned to the area of Wayne Avenue where they stopped a late model Ford in which defendant and Swift were riding.”
State v. Brooks, 210 S.E.2d 535 (N.C. Ct. App. 1975).
“When the cases were called for trial in the District Court, defendant’s counsel filed a motion that the Court provide, at the expense of the State, a stenographic reporter to take down the proceedings at the trial in that Court and that he be furnished a transcript.”
— N.C. Gen. Stat. § 14-288.5(a) — 1 case
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