Crimes against the Public

 
§ 36 CFR - 2.34 Disorderly conduct.
Answered by Police Officer 

The state has not only a right to “maintain a decent society” but an obligation to do so. In the public nuisance context, the community’s right to security and protection must be reconciled with the individual’s right to expressive and associative freedom. Reconciliation begins with the acknowledgment that the interests of the community are not invariably less important than the freedom of individuals.
You must understand that we MUST first use 36 CFR first on all primary lands. We only assimilate a state charge when there is NO CFR charge to use. Under 36 CFR 4.2 (Chapter 4 is the CFR version of a traffic code) it says in so many words that violating a state law is prohibited on all NPS lands. For example driving without a license/suspended, equipment violations, and other non specific CFR traffic violations. Chapter 2 of 36 CFR is the "criminal code" of the CFR. Here again we MUST use 36 CFR Chapter Two on all primary lands first. To assimilate a criminal charge from a State's code we use 18 USC 13. In specific Regions there are other violations we must use. The NCR uses 36 CFR 7.96 whereas the SFFO has 36 CFR 7.97.

SInce Chapter 16 USC allows for us to enforce all laws cognizable under the United States on NPS lands, we can enforce a wide range of laws from other USC codes. We just do not do this on a regular basis. 

To find all of this on your own use this link to all of the CFR titles. 

http://ecfr.gpoaccess.gov/cgi/t/text...l=%2Findex.tpl

Since this is CFR it 


§ 36 CFR - 2.34 Disorderly conduct.

(a) A person commits disorderly conduct when, with intent to cause public alarm, nuisance, jeopardy or violence, or knowingly or recklessly creating a risk thereof, such person commits any of the following prohibited acts:

(1) Engages in fighting or threatening, or in violent behavior.

(2) Uses language, an utterance, or gesture, or engages in a display or act that is obscene, physically threatening or menacing, or done in a manner that is likely to inflict injury or incite an immediate breach of the peace.

(3) Makes noise that is unreasonable, considering the nature and purpose of the actor's conduct, location, time of day or night, and other factors that would govern the conduct of a reasonably prudent person under the circumstances.

(4) Creates or maintains a hazardous or physically offensive condition.

(b) The regulations contained in this section apply, regardless of land ownership, on all lands and waters within a park area that are under the legislative jurisdiction of the United States.

[48 FR 30282, June 30, 1983, as amended at 52 FR 35240, Sept. 18, 1987]

12.1 Quality-of-Life Crimes

Crimes against the public include offenses that affect the quality of life, group violence such as gang activity, and vice crimes. Because quality-of-life crimes are often based on moral or value judgments, these offenses tend to target the poor and downtrodden. If the conduct prohibited involves an individual’s status in society, assembling, or speech, the First and Fourteenth Amendments require a narrowly tailored statute supported by a compelling government interest. This creates a conflict between legislators trying to ensure peace and tranquility for citizens and judges upholding the many individual protections included in the Bill of Rights.
Disorderly Conduct
Disorderly conduct, also called disturbing the peace, criminalizes conduct that negatively impacts the quality of life for citizens in any given city, county, or state. Although disorderly conduct is typically a low-level offense, the enforcement of disorderly conduct statutes is important to preserve citizens’ ability to live, work, and travel in safety and comfort. Disorderly conduct has the elements of criminal act, criminal intent, and an attendant circumstance, as is explored in Section 12.1.1 "Disorderly Conduct".

Disorderly Conduct Act
Three criminal acts generally are identified in any disorderly conduct statute. The defendant must either (1) make a loud and unreasonable noise, obscene utterance, or gesture, (2) engage in fighting or threatening, or state fighting words, or (3) create a hazardous condition by an act that does not serve a legitimate purpose.18 Pa. C. S. § 5503, accessed April 2, 2011, http://law.onecle.com/pennsylvania/crimes-and-offenses/00.055.003.000.html.  

The Model Penal Code defines disorderly conduct as engaging in fighting or threatening or violent tumultuous behavior, making unreasonable noise or an offensively course utterance, gesture, or display, addressing abusive language to any person present, or creating a hazardous or physically offensive condition by an act that serves no legitimate purpose (Model Penal Code § 250.2). When the criminal act is a loud and unreasonable noise, the quality of the noise is judged in the setting where the noise occurred. A noise made in an extremely quiet area can be softer than a noise made in a loud and busy area like a city street during peak hours.
Rev. Stat. § 711-1101(2), accessed April 2, 2011, http://www.capitol.hawaii.gov/hrscurrent/vol14_Ch0701-0853/HRS0711/HRS_0711-1101.htm . The term “hazardous condition” generally refers to a situation that is dangerous and poses a risk of injury to others in the vicinity of the defendant’s conduct.Wolfe v. State, 24 P.3d 1252 (2001), accessed April 2, 2011,  http://scholar.google.com/scholar_case?case=8611678948602739716&q= disorderly+conduct+%22hazardous+condition%22&hl=en&as_sdt=2,5&as_ylo=2000 .
Disorderly Conduct Intent
The criminal intent element required for disorderly conduct in many jurisdictions is the specific intent or purposely to cause public inconvenience, annoyance, or alarm, or the reckless intent to cause a risk thereof.Ala. Code § 13A-11-7, accessed April 3, 2011, http://law.onecle.com/alabama/criminal-code/13A-11-7.html . The Model Penal Code has the same criminal intent requirement (Model Penal Code § 250.2(1)).

Potential Constitutional Challenges
Disorderly Conduct Statutes
Because disorderly conduct statutes often criminalize obscene gestures and words, threats, and fighting words, they are subject to constitutional challenges under the First and Fourteenth Amendments. However, not all speech is protected under the First Amendment. As Chapter 3 "Constitutional Protections" discusses in detail, it is constitutional to regulate obscenity, true threats, and fighting words. Nonetheless, any statute criminalizing speech or expression is subject to strict scrutiny, must be narrowly drafted, and supported by a compelling government interest. Thus two common grounds for challenging disorderly conduct statutes are void for vagueness and overbreadth. Colten v. Kentucky, 407 U.S. 104 (1972), accessed April 3, 2011, http://scholar.google.com/scholar_case?case=7926620308068158831&q= Colten+v.+Kentucky&hl=en&as_sdt=2,5.



MERDIAN CITY CODE
6-3-2: DISORDERLY CONDUCT:

A. Qualifying Behavior: It shall be a violation of this section for any person to conduct himself or herself in a violent, noisy, or riotous manner, or in any way which commits a breach of the peace of another person(s), and/or to conduct himself or herself in a manner that endangers the health and safety of another person(s); and a violation of this section shall also include, but shall not be limited to, the following:

1. Accosting other persons within twenty five feet (25') of a bank, automatic teller machine, or bill payment drop box, for the purpose of begging or soliciting alms.

2. Occupying, lodging or sleeping in any building, structure or place, whether public or private, or any automobile, truck, railroad car or other similar vehicles or equipment without the permission of the owner or person entitled to the possession or in control thereof.

3. Using any motor vehicle, motor home, travel trailer, as a residence upon any public street (highway) and/or alleyway or upon any other premises under the ownership and/or control of a government subdivision of the state.

4. Loitering, prowling or wandering upon the private property of another, without lawful business, permission or invitation by the owner or the lawful occupants thereof.

5. Loitering or remaining in or about school grounds or buildings, without having any reason or relationship involving custody of or responsibility for a pupil or student, school authorized functions, activities or use.

6. Wilfully fleeing or attempting to elude a peace officer after being lawfully ordered to stop by an identified peace officer.

7. Lighting a cigarette, cigar, pipe, or any tobacco product, or refusing to extinguish same, on any public or private premises where smoking is prohibited. Such prohibition shall be indicated by means of a posted sign that: a) reads "no smoking", describes the premises as "smoke free", or contains the international no smoking symbol; b) uses letters at least one inch (1") in height; and c) is conspicuous, legible, unobscured, and placed at a height and location easily seen and read by persons entering or within the posted area. Persons violating this section shall be guilty of an infraction and shall be subject to a fine of fifty dollars ($50.00).

B. Misdemeanor: Except as otherwise specified herein, any person violating this section shall be guilty of a misdemeanor. (Ord. 10-1444, 3-23-2010)
Vagrancy and Loitering
Although the government technically does not have an interest in punishing individuals for who they are, such as an impoverished person or a transient, the public perception of law enforcement is often affected by the presence of so-called vagrants and panhandlers in any given area. Thus virtually every jurisdiction has statutes punishing either vagrancy or loitering. However, these statutes are subject to constitutional attack if they are void for vagueness, overbroad, or target status.

Historically, vagrancy statutes were broadly drafted to allow law enforcement considerable discretion in arresting the unemployed, gamblers, drug addicts, alcoholics, and those who frequented houses of prostitution or other locations of ill repute. In a sense, vagrancy statutes attempted to incapacitate individuals before they engaged in criminal activity, to ensure the safety and security of any given area.

In 1972, the US Supreme Court struck down a Florida vagrancy statute in Papachristou v. City of Jacksonville, 405 U.S. 156 (1972). The Court held that the statute, which prohibited night walking, living off one’s spouse, and frequenting bars or liquor stores was void for vagueness and violated the due process clause in the Fourteenth Amendment. Thereafter, many states repealed or modified vagrancy statutes in lieu of more precisely drafted statutes prohibiting specific criminal conduct such as loitering. The Model Penal Code prohibits public drunkenness and drug incapacitation (Model Penal Code § 250.5) and loitering or prowling (Model Penal Code § 250.6). To summarize US Supreme Court precedent refining loitering statutes: it is unconstitutional to target those who are unemployed Edwards v. California, 314 U.S. 160 (1941), accessed April 5, 2011, 
http://scholar.google.com/scholar_case?case=6778891532287614638&hl=en&as_sdt=2&as_vis=1&oi=scholarr .or to enact a statute that is vague, such as a statute that criminalizes loitering in an area “with no apparent purpose,”City of Chicago v. Morales, accessed April 5, 2011, 527 U.S. 41 (1999) 
http://supreme.justia.com/us/527/41/case.html
or without the ability to provide law enforcement with “credible and reliable identification.”Kolender v. Lawson, accessed April 5, 2011, 461 U.S. 352 (1983),  http://supreme.justia.com/us/461/352.

In a jurisdiction that criminalizes loitering, the criminal act element is typically loitering, wandering, or remaining, with the specific intent or purposely to gamble, beg, or engage in prostitution. Ala. Code § 13A-11-9, accessed April 5, 2011, 
http://law.onecle.com/alabama/criminal-code/13A-11-9.html
An attendant circumstance could specify the location where the conduct takes place, such as a school or transportation facility. Ariz. Rev. Stat. § 13-2905, accessed April 5, 2011
http://law.onecle.com/arizona/criminal-code/13-2905.html . Another common attendant circumstance is being masked in a public place while loitering, with an exception for defendants going to a masquerade party or participating in a public parade.Ala. Code § 13A-11-9, accessed April 5, 2011,
http://law.onecle.com/alabama/criminal-code/13A-11-9.html
The Model Penal Code prohibits loitering or prowling in a place, at a time, or in a manner not usual for law-abiding individuals under circumstances that warrant alarm for the safety of persons or property in the vicinity (Model Penal Code § 250.6). Loitering is generally graded as a misdemeanorAriz. Rev. Stat. § 13-2905, accessed April 5, 2011,
http://law.onecle.com/arizona/criminal-code/13-2905.html
or a violation.Ala. Code § 13A-11-9, accessed April 5, 2011, 
http://law.onecle.com/alabama/criminal-code/13A-11-9.html
The Model Penal Code grades loitering as a violation (Model Penal Code § 250.6).

Links

Download a streaming app today to protect yourself and others.

Bambuser
Broadcast low-latency live video and audio to the web using 3G or WiFi! View incoming chat messages, broadcast in public or in private, geotag your broadcasts and share to many social networks.
Cost: free
Morehttp://bambuser.com/broadcasts

Call Recorder
Record your phone calls. Keep in mind that if you’re in a location that’s not considered a one-party consent state you’ll want to inform the caller of the recording.
Cost: free
Download: Android
iPhone: iPhone

Cell 411 (recommended)
With near-real-time alerts, support for gravatar images, fast GPS updates and instant access to issue alerts, Cell 411 is ideal for anyone in need.
Cost: free
Download: Android
Download: iOS

Cop Block (recommended)
Access the latest Cop Block articles and podcasts at the click of a button. Easy interface makes sharing content easy.
Cost: free
Download: Android
Download: iOS

Cop Recorder 2
Cop Recorder can secretly record audio and then upload it to the OpenWatch server along with location data.
Cost: free
Download: Android
Download: iOS

FastCase
For the most part, police powers have been federally defined; but there are legal and procedural quirks that vary from state to state, and FastCase is an excellent resource for both state and federal case law. FastCase goes way beyond the scope of a traffic stop or warrantless search—it lays out precedent for landmark decisions in almost every
imaginable category—but that’s where the searchable database become helpful.
Cost: 24-hr trial, then subscription fees
More:  http://fastcase.com

Fi-Vo Film
Use Fi-Vo Film to instantly and securely record police misconduct any time you witness it.  As you record, your video instantly saves to your phone and uploads to your free Dropbox account.
Cost: $1.99
More  http://fivofilm.com

GotYa!
GotYa! takes a silent snapshot through the front facing camera of the criminal who is attempting to use your device, whenever the screen lock is entered incorrectly. After taking the picture, it acquires the location of your device and forms a Google maps link, and then send it with the time stamped picture to your email or Facebook!
Cost: $1.99
More:  http://igotya.com

I’m Getting Arrested 
Alert your lawyer, loved ones, etc … that you are being arrested with a click. I’m Getting Arrested enables anyone, with one click, to broadcast a custom message to SMS numbers in the event they are arrested.
Cost: free
Download: Android

Instant Incognito
Capture audio to your Windows Phone in normal or incognito (stealth) mode.
Cost: free
Download: Windows Phone
More: via  WMPowerUser.com

LiveStream
Watch live events from livestream.com. Right on your mobile device.
Cost: free
More:  http://livestream.com

Oh Crap App
Oh Crap App is a revolutionary new smart phone application which educates users of their legal rights based upon the state they are located (GPS based); assists them in invoking their rights; documents and preserves evidence of their interaction with law enforcement; and also connects the user with a qualified attorney in their geographic area when needed.
More:  http://oh-crap-app.com


Open Watch
OpenWatch recorder can secretly record audio and video, and upload it to the OpenWatch server along with geolocation data. 
Cost: free
More:  https://openwatch.net




PocketJustice 
After you’ve memorized the Bill of Rights, it’s time to move up to Supreme Court precedent, where the nitty-gritty of police powers are found. Most of you have probably seen this video of a legal student defending his Second Amendment rights in Portland, ME; you’ll notice that his ammunition is Supreme Court precedent, not just the text of the Bill of Rights. PocketJustice offers searchable transcripts of over 100 Supreme Court cases, as well as some audio of the oral arguments (good for brushing up in the car or on the metro). Most of the landmark police-powers cases are covered here, but it’s not so dense as to be overwhelming. If you want to go deeper, you can download the Pro version, which has transcripts for over 600 cases, and 300+ additional hours of Supreme Court audio. For people who want a basic understanding of their rights without a law degree, this is a great tool.
Cost: free through Oct., $4.99 for Pro
More:
  http://pocketjustice.com

Police Scanner 5-0
Police Scanner 5-0 brings you more than 2,500 police, fire, rescue and other radio feeds over 3G or WiFi. You can search for channels in the U.S. and other countries by country, state or province and county. Find channels close to your location based on GPS or 3G/WiFi triangulation. This app can be very useful when out Copblocking.
Cost: free version with short ads or $1.99 w/o ads
Download: Android
Download: iOS



Police Tape
Citizens can hold police accountable in the palms of their hands with “Police Tape,” a smartphone application from the ACLU of New Jersey that allows people to securely and discreetly record and store interactions with police, as well as provide legal information about citizens’ rights when interacting with the police. Related video: How Does it Work?
Cost: free
More:
 h ttp://aclu-nj.org/yourrights/the-app-place

Scanner Radio Pro (recommended) 
Listen to live audio from over 4,700 police and fire scanners. No ads. Record the radio traffic. Look up 10-codes. Browse nearby, keep your favorites, or access most-active. Bluetooth enabled.  
Cost: $2.99
More
https://facebook.com/scannerradio

Secret Camera Recorder
Secret Video Recorder is the ONLY hidden camera app in the market that does background recording so you can use your phone as normal and NO ONE can tell you are recording video.
Cost: $5.99
Download: Android
Download: iOS


SneakyPix
Act like you’re on the phone while secretly and automatically snapping pictures or recording video.
Cost: $0.99
Download: iOS


Stop-and-Frisk
An easy way to hold the NYPD accountable for its actions. It has three primary functions: Record: This allows the user to film an incident with audio by simply pushing a trigger on the phone’s frame. Shaking the phone stops the filming. Listen: This function alerts the user when people in their vicinity are being stopped by the police. Report: This prompts the survey, allowing users to report a police interaction they saw or experienced, even if they didn’t film it. 
Cost: free
More
http://nyclu.org/app


UStream
Go live and watch live video on your phone or tablet – anytime, anywhere! Broadcast live to any number of viewers using the camera of your device.
Cost: free
More:  http://ustream.tv

Vimeo
You can upload, manage and watch your videos right from your mobile phone or tablet, with great tools to share publicly or privately.
Cost: free
More:  http://vimeo.com

Wickr (recommended)
Top-Secret Messenger. Select a time for your messages and media to expire. We are the only company to have publicly said no to an FBI backdoor. Encyrption Makes the World Better.
Cost: free
More:  https://www.wickr.com