International Law Enforcement Academies (ILEA) Criminal Law Practice Exam

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Were the officers correct to arrest Jordan for disorderly conduct during his protest?

  1. Yes, because he was warned to stop and continued

  2. No, as he had the right to free speech

  3. Yes, only if he caused property damage

  4. No, he was protesting peacefully

The correct answer is: Yes, because he was warned to stop and continued

Arresting Jordan for disorderly conduct can be justified under the premise that he was warned to stop his disruptive behavior and chose to continue. Disorderly conduct often involves actions that disturb public peace or safety, and in this context, if officers had clearly instructed him to cease his actions and he failed to comply, it could be deemed a legitimate reason for arrest. Law enforcement has the authority to ensure public order, and a warning often serves as a final opportunity for an individual to cease disruptive behavior before enforcement action is taken. In many jurisdictions, the threshold for disorderly conduct hinges not only on the nature of the speech but also on the manner in which that speech is conducted. If Jordan's protest escalated to the point where it was causing a disturbance despite the warnings, then the officers would have been justified in their actions to maintain order. The primary concern would be any potential risk to safety or disruption of the peace that may arise from non-compliance with police directives.