I Need To Know About Unlawfull Assembly?

Question

Hi and thank you for reading this i need to know some things

1. How can police kick a group of people off private property

2. Can Police do searches in a parking lot for no reason like pop car hoods up etc etc

4. what makes it ok to have a mini-car meet in a parking lot

5 . i will post more info depending on the feedback i get im sorry for explaining it bad im a lil confused myself

Answer 1

If they property owner has asked the police to keep an eye on thier property. you may be kicked off. Anytime there is a group there is suspicion of something illegal going on. On the business parking lot you can not impede traffic or gather without the managers permission.

Answer 2

1. If the private property owner demands those present leave, OR, if those present give police probable cause that either a crime has been committed or that the assembly is threatening public safety. Private property rights only get your so far and cops can break up an assembly if there was a crime committed (say underage drinking or drugs), or if it is likely to endanger public safety (if a riot is brewing, e.g.).

2. They absolutely can search cars without a reason if the car owners give them permission to do so. They can also search the observable portions of your car (back seat, back windows, etc.) without permission or probable cause. They may not open a locked trunk or glove box without a warrant or permission from the owner, regardless of probable cause (though they may do so anyway, any evidence discovered should be kept from the jury with the exclusionary rule). Under the hood is an interesting gray area. if the car is locked with no one inside, they will need a warrant or permission, regardless of probable cause. If the car is unlocked and a lever inside will pop the hood without a key, my guess would be that they do not need a warrant, only probable cause.

4. your 1st Amendment right to speech and assembly makes it OK, but none of our rights are absolute.

Answer 3

Police can kick a group of people off of any private property for which the owner of the property complains.

If I go to a store and do things to block someone's parking lot, they can have me arrested for trespass and interfering with a business. If I am on my own property, the cops cannot tell me to move on.

Police cannot just pop the hood on a car. But they can look at anything they can see without touching it. So... if the hood is already up, the "plain sight" rule is in effect. And yes, they can look at and act on anything in plain sight.

A mini-car meet in a parking lot is legal if the parking lot's owner says it is OK. Depending on the local laws, a parade permit or some similar permit might be required.