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LEGAL TOOLS - THE CURFEW AND PREVENTATIVE CLOSINGS IN PREVENTION AND CONTROL OF CIVIL DISORDER

NCJ Number
3144
Journal
Police Chief Volume: 36 Issue: 5 Dated: (MAY 1969) Pages: 54-58
Author(s)
C W RUNYAN
Date Published
1969
Length
5 pages
Annotation
CONSTITUTIONAL LIMITS ON CURFEW ORDINANCES IN BOTH NORMAL AND EMERGENCY SITUATIONS, AND THE POSSIBLE USES OF INJUNCTIVE RELIEF AGAINST PERSONS THREATENING RIOTS.
Abstract
THE COURTS HAVE GENERALLY APPLIED THE TEST OF REASONABLENESS TO CURFEW ORDINANCES, INVALIDATING THOSE LAWS WHICH UNNECESSARILY PROHIBIT OTHERWISE LAWFUL ACTIVITY. INJUNCTIVE RELIEF, WHICH IS GRANTED ONLY IN SITUATIONS WHERE A REASONABLE PROBABILITY EXISTS THAT UNLAWFUL ACTIVITY WILL OCCUR WITHOUT THE GRANTING OF AN INJUNCTION, IS RECOMMENDED AS A MEANS FOR DEALING WITH THREATENED VIOLENT CIVIL DISORDERS.

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