I don't get it. I really do not see where you think that they knew they were breaking the law. I would have thought it was perfectly fine for me to be at any residence and that it was perfectly fine to be anywhere on the property. If I thought I wasn't breaking the law, I still might be cautious about needlessly drawing attention. So I would sit in my car. When the press asked me, I might say "I didn't want to seem as if we were loitering". These are not rabble rousing people. The guy maintains a business. He probably wasn't allowed to smoke in his aunt's house, he didn't want to stand around and draw needless attention, so he makes the choice for them to sit in the car instead of stand on the porch. This is a respectful, deferential course of action. It is the simplest explanation.
Originally Posted by AlbqOwl
No one has been able to show any legal definition example where the law requires you to be at your own home, inside. No one has been able to turn up Missouri's state of emergency law. At the point where the police began their harassment, they had NO idea whether the guy and the other people were at their own home. There have been many examples of curfew having the legal definition of simply being out of public places and these people were. It is highly likely at this point that we will find that these people were in fact NOT disobeying the law.
Anyway, we are getting closer. Here is the actual executive order signed by the governor. I believe we will either find the Missouri definition of 'curfew' by looking up the relevant cited laws, or that the superintendent of the state patrol will have been given the authority to define the relevant parameters of the curfew. I don't have time at the moment to pursue the leads.
Executive Order 14-08 | Governor Jay Nixon
Executive Order 14-08
WHEREAS, the events occurring in the City of Ferguson, Missouri have created conditions of distress for the citizens and businesses of that community; and
WHEREAS, our citizens must have the right to peacefully assemble and protest; and
WHEREAS, the rule of law must be maintained in the City of Ferguson for the protection of the citizens and businesses of that community; and
WHEREAS, the Missouri State Highway Patrol, with the assistance and cooperation of the St. Louis County Police Department, has been patrolling in the City of Ferguson over the past week; and
WHEREAS, the conditions necessary to declare the existence of an emergency pursuant to Chapter 44, RSMo, have been found to exist; and
WHEREAS, an invocation of the provisions of Sections 44.010 through 44.130, RSMo, is necessary to ensure the safety and welfare of the citizens of the City of Ferguson.
NOW, THEREFORE, I, JEREMIAH W. (JAY) NIXON, GOVERNOR OF THE STATE OF MISSOURI, by virtue of the authority vested in me by the Constitution and Laws of the state of Missouri, including Sections 44.010 through 44.130, RSMo, do hereby declare that a State of Emergency exists in the state of Missouri.
I do hereby direct the Missouri State Highway Patrol, through its Superintendent, to command all operations necessary to ensure public safety and protect civil rights in the City of Ferguson and, as necessary, surrounding areas during the period of this emergency.
I further order that such other local law enforcement agencies, as deemed necessary by the Superintendent of the Missouri State Highway Patrol to maintain order in the City of Ferguson, shall assist the Missouri State Highway Patrol when requested by the Superintendent and such law enforcement agencies, when operating in the City of Ferguson, shall cooperate with all operational directives of the Missouri State Highway Patrol.
I further order the imposition of a curfew in the City of Ferguson under such terms and conditions deemed necessary and appropriate by the Superintendent of the Missouri State Highway Patrol.
This order shall be terminated upon execution of a subsequent Executive Order.
IN WITNESS WHEREOF, I have hereunto set my hand and caused to be affixed the Great Seal of the State of Missouri, in the City of Jefferson, on this 16th day of August, 2014.