Know Your Rights: How to Respond to a Police Dispersal Order
Protesting is a constitutional right, but that doesn’t mean law enforcement can’t step in, especially when they issue a dispersal order. If you’re at a demonstration in California and the police declare an unlawful assembly, how you respond can mean the difference between walking away safely and getting arrested.
Let’s break down what a dispersal order in California actually means, what your rights are, and how to legally protect yourself in the moment.
What Is a Dispersal Order in California?
A dispersal order is a legal command by law enforcement for a crowd to leave an area — typically during protests, marches, or large gatherings that are deemed disruptive or unsafe.
Under California Penal Code § 407-409, police may declare an unlawful assembly if:
- There’s a threat to public safety
- There’s violence, property damage, or credible concern it may occur
- A group is gathered unlawfully (such as on private or restricted government property)
Once an unlawful assembly is declared, officers can issue a formal dispersal order. If you refuse to leave after that order, you may be charged with a misdemeanor under PC 409 (refusal to disperse) or even face arrest under PC 148 for resisting or delaying a peace officer.
How Should You Respond to a Dispersal Order?
1. Listen Carefully
Police are required to make the dispersal order loud and clear, often using a megaphone or public address system. It should include a directive to leave the area and give a reasonable amount of time to comply.
2. Comply — Even If You Disagree
Even if you believe the order is unfair, the safest and most legally sound response is to leave calmly and immediately. You can challenge the order later, not in the moment.
3. Record from a Safe Distance (If Legal)
Once a dispersal order is given, the situation can escalate quickly. If you want to document what’s happening, back up, stay out of the way, and don’t interfere with officers. Filming is legal, obstruction is not.
4. Don’t Argue or Resist
Arguing or staying put can quickly turn into an unlawful assembly or resisting arrest charge, both of which can carry jail time and fines.
What Happens If You’re Arrested After a Dispersal Order?
You may be charged with:
Even if you weren’t being violent, simply remaining in the area after being ordered to leave could be enough to get you arrested. These charges are typically misdemeanors, but they still carry serious consequences, including jail time, fines, probation, and a criminal record.
And if you’re already on probation, have a prior record, or are involved in an active protest movement, the charges can be compounded.
Call Us If You’ve Been Arrested After a Dispersal Order
If you were arrested for refusing to disperse, participating in an unlawful assembly, or filming during a protest, don’t try to handle it alone. Call 909-281-0391 for a free consultation.
We’ll review your case, explain your rights, and build a strong defense to protect your freedom — and your right to speak up.