Protests and Rioting in Denver and other Major US Cities After the Death of George Floyd

Protests and rioting broke out in Denver and other major US cities this weekend after video evidence showed a police officer kneeling on George Floyd’s neck, who later died while in custody. See Caitlin Hendee and Wilson Beese, Dumpster fires, vandalism in Denver during 3rd night of protests, 9News, May 30, 2020, https://www.9news.com/article/news/local/local-politics/denver-george-floyd-protests-day-3/73-b685ddd4-f08a-4e6e-9fe9-e7d68e2c1d78. What should you do to avoid arrest during a peaceful protest? Police typically have to follow specific procedures when making arrests for protesting. However, with the recent protests over the death of George Floyd, many cities issued curfews, which gave police authority to arrest anyone on the street after a certain time. See ‘We Have Seen Enough’: Denver Mayor Puts 8 p.m. Curfew In Place Due To Violence During George Floyd Protests, CBS, May 30, 2020, https://denver.cbslocal.com/2020/05/30/denver-curfew-protests-mayor-george-floyd-violence/. Additionally, if the police see a particular person commit a crime, they have probable cause to arrest. However, the hard part is when there is a peaceful protest or march with some people, who are concealed within the group, committing crimes. The George Floyd protests are the perfect example. In fact, many reporting on the issue have said the majority of protestors are peaceful and the violent ones are actually part of extremist groups, like white nationalists. See Who are the protesters? Majority peaceful, few 'undisciplined' locals, anarchists, reports of white nationalists, authorities say, ABC, May 31, 2020, https://abc7news.com/protesters-antifa-white-supremacists-george-floyd-protests/6222958/.

Under these circumstances, police need to follow specific procedures to begin arresting protestors. If a group of peaceful protestors includes some protestors that are being violent, the police are typically required to give a dispersal warning before arresting the group as a whole. See Barham v. Ramsey, 434 F.3d 565, 575-76 (D.C. Cir. 2006). However, if the entire group is being violent, police are not required to give dispersal warnings. See Carr v. District of Columbia, 587 F.3d 401, 410 (D.C. Cir. 2009). So, if you plan to attend a protest, keep the following in mind. First, if there is a curfew, you should leave by curfew time to avoid arrest. Second, peacefully protest. If you commit any crime in the presence of a police officer, you will likely be arrested. Third, if you hear police giving dispersal warnings, you should leave to avoid arrest.