Under what conditions can MPD issue a general order to disperse in a First Amendment assembly?

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The correct answer focuses on the situation where significant individuals within an assembly are non-compliant with the law or lawful orders. In the context of First Amendment assemblies, while individuals have the right to gather and express their views, that right is not absolute. Law enforcement has a responsibility to maintain public order and safety.

When certain participants in the assembly are non-compliant—meaning they are not adhering to laws or reasonable directions given by law enforcement—this can create a situation where dispersing the crowd may become necessary. Officers must evaluate the behavior of individuals, and if there is non-compliance that poses a threat to public safety or disrupts the peace, the issuance of a general order to disperse is justified.

Other options do not align with the legal standards for issuing a dispersal order. For example, peaceful gathering does not warrant such an order, nor can law enforcement act solely based on public requests or mere signs of a crowd. These factors do not, by themselves, present a legitimate reason for dispersal. Therefore, the focus on non-compliance as a condition for issuing a general order is rooted in the necessity of maintaining order and protecting the rights of all individuals involved.

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