Does calling a cop a NAZI equal lawful arrest?

reply to post by CodexSinaiticus


Hahah wow!!

Well he definitely shouldnt have loaded his fingers, almost looked to me like he was pulling a gun or something... prolly scared the hell out of the cop, and the cop just reacted... Damn I wish there was another 30 sec of footage to the end

Originally posted by chancemusky
Yes, they can. Disturbing the peace, slander, just to name a couple. You cant just call someone a nazi anymore than you can call someone a ni***r. The idiot with camera just wanted to cause a scene, and got scared when they confronted him on it.

This is incorrect. It's not a crime to hurl an insult at someone, including calling someone this word. It's also not sufficient for disorderly conduct or disturbing the peace, not by a long shot.

It's also not slander, which is a civil offense and not a criminal offense, anyway.

The guy was instigating an argument with the police. However, with all the other violent criminals on the street and an over population in our prisons, couldn't these police officers just have easily ignored this idiot and walked back to their cars? People get called names every day by juveniles, drunks, and people who are psychotic.

Disorderly Conduct

–noun Law . any of various petty misdemeanors, generally including nuisances, breaches of the peace, offensive or immoral conduct in public, etc.

Petty-

of little or no importance or consequence: petty grievances.

If someone called any of us a Nazi at a bar or on the street and we called the police, do you really think the police would arrest that person? NOT. They would just tell you to ignore that person and go on your way.

I'm sure some people have been called worse.

Originally posted by butcherguy

Originally posted by DarkSarcasm
reply to post by granpabobby

 

See this would have been a bad idea, he was in his garage. If he had attempted to close the garage door they probably would have broken his door in and arrested him for evasion, which is a felony.

If they want to arrest you, they will.

You can be picked up on the street at any time. They can hold you for 48 hours if they feel like it. If you get out and a retain a lawyer, he can ask, "Why were you holding my client?" All the police have to do is produce a book of mug shots, point to a photo ( it doesn't even have to look much like you, just resemble you), and say "we thought that the was this guy that is wanted for a crime".

They can screw with you if they don't like you, and there is not a lot that you can do about it.

Yup, or they can pull your internet logs and call you the T word, and keep you indefinitely. Fascism, ala bush!

reply to post by CodexSinaiticus


The lesson learned there is don't give into peer pressure, and don't bother someone who's walking down a sidewalk, cop or not.

Originally posted by WeRpeons
\
Disorderly Conduct

–noun Law . any of various petty misdemeanors, generally including nuisances, breaches of the peace, offensive or immoral conduct in public, etc.

Petty-

This proves the arrest was legal, thank you.

Originally posted by chancemusky

Originally posted by WeRpeons
\
Disorderly Conduct

–noun Law . any of various petty misdemeanors, generally including nuisances, breaches of the peace, offensive or immoral conduct in public, etc.

Petty-

This proves the arrest was legal, thank you.

No, it does not.

Originally posted by IamCorrect

Originally posted by chancemusky

Originally posted by WeRpeons
\
Disorderly Conduct

–noun Law . any of various petty misdemeanors, generally including nuisances, breaches of the peace, offensive or immoral conduct in public, etc.

Petty-

This proves the arrest was legal, thank you.

No, it does not.

A public place is generally an indoor or outdoor area, whether privately or publicly owned, to which the public have access by right or by invitation, expressed or implied, whether by payment of money or not, but not a place when used exclusively by one or more individuals for a private gathering or other personal purpose.

In the state where this occurred, there may be a statute relative to "hate speech".

If the hate speech is a misd or higher (Fel) which I'm sure it would be, door or no door, the cameraman is going to be packing pajamas.

I remember this one from a little bit ago too. As I recall the guy was filming the cops - in particular because of the male cop searching the cuffed female. You notice even thou the cop was using the back of the hand he made sure to check her breasts twice.

But, I can't remember what happened to the guy or what city it was in to provide any info as to what ever happened to the guy.

Originally posted by chancemusky

Originally posted by WeRpeons
\
Disorderly Conduct

–noun Law . any of various petty misdemeanors, generally including nuisances, breaches of the peace, offensive or immoral conduct in public, etc.

Petty-

This proves the arrest was legal, thank you.

why would you want it to be legal????????????????????????????

seriously holy crap...PRECEDENT MAN....PRECEDENT.

what happens when you make a mistake?? and this comes back to bite YOU in the ass.

reply to post by CodexSinaiticus

Awesome!
I am happy that we found some common ground, a star on your post! Re: a' la Bush.

Originally posted by CodexSinaiticus

A public place is generally an indoor or outdoor area, whether privately or publicly owned, to which the public have access by right or by invitation, expressed or implied, whether by payment of money or not, but not a place when used exclusively by one or more individuals for a private gathering or other personal purpose.

In the state where this occurred, there may be a statute relative to "hate speech".

If the hate speech is a misd or higher (Fel) which I'm sure it would be, door or no door, the cameraman is going to be packing pajamas.

Generally speaking, hate speech laws are unconstitutional in the U.S. Moreover, that wouldn't be hate speech as typically defined.

I know a local cop who once told me how he responds when someone flips him the bird while on duty; he blows them kisses. Says it pisses them off more than anything.

Those cops need to grow a thicker skin. If they can't handle a little name calling, they should be in another profession. In a lot of states police cannot claim to be the victims of disorderly conduct, in fact, arrests for "contempt of cop" violations could end up as red flags in the officer's file.

Beyond not wanting to lose the statute if it gets over-used as a "contempt of cop", some agencies look at no-victim (or officer victim) DisCon arrests as a red-flag for the officer, possibly indicative of attitude and authority issues. It can be -especially- suspect if an officer is making a no-victim DisCon arrest...followed by resisting arrest and agg. assault on a PO...and those are the only charges.

Originally posted by IamCorrect

Originally posted by CodexSinaiticus

A public place is generally an indoor or outdoor area, whether privately or publicly owned, to which the public have access by right or by invitation, expressed or implied, whether by payment of money or not, but not a place when used exclusively by one or more individuals for a private gathering or other personal purpose.

In the state where this occurred, there may be a statute relative to "hate speech".

If the hate speech is a misd or higher (Fel) which I'm sure it would be, door or no door, the cameraman is going to be packing pajamas.

Generally speaking, hate speech laws are unconstitutional in the U.S. Moreover, that wouldn't be hate speech as typically defined.

edit on 6-7-2011 by IamCorrect because: (no reason given)

That is very possible. And, it should be unconstitutional.

reply to post by butcherguy


Awesome! We knew it had to happen eventually. I have added this video to the post, and it's dedicated to you Butcher, lol.

Ha! A brain cell sparked, I remembered and found it.

Here is the guys own account of how it went down..

Cameraman arrested for calling cops Nazis

They collected the possessions on my person and put me in their paddy wagon.

Next all three officers went back into my garage, rummaged through my car and found my dog Ike in the back seat. Ike happily jumped out and pee’d on the grass while the enforcers pointed tasers at him. Then one of the cops discovered the leash from the back seat of my car and put it around his neck, then lead him inside without entering himself.

Next, while I was watching from caged patrol card, they rummaged in the front seat and found one of my many legal firearms. This was all done with the excuse of trying to find the garage door button or opener. The button to the garage door was on the wall, directly behind him but they decided to violate my 4th amendment after kidnapping me for exercising my 1st.

I was informed after they found the garage door opener and closing the door that I would now be charged with “felon in possession of a firearm”. I said, “who’s a felon?” and they shut the door and took me to jail.

But alas for the fearless boys in blue.. The charge didn't stick. They did try a disorderly conduct which did stick for a tiny bit. Until the DA decided that they were really in the wrong and he would gladly drop that pesky charge to if the guy in the video would simply agree not to sue the pants off them.

And he did...

Here is an article on that...
Justice comes to Jonesboro

After cops entered Harden's garage without a warrant; after they demanded ID for a non-crime (criticizing a police officer); after they arguably committed a battery of Harden by grabbing his camera; after they arrested him — then they searched his garage and found a handgun. Harden was charged with being a felon in possession of a weapon. Two problems: 1) He has no felony record (despite Jonesboro police efforts to smear him by saying he'd once been mentioned as a potential suspect in a burglary) 2) he has a permit to carry a weapon. Harden was held 24 hours before police discovered they'd filed an erroneous charge. But the disorderly conduct charge still pended. Finally, the city attorney's office said they'd drop the charge, in return for a waiver that Harden not sue over his handling. Harden's no choirboy. But the law couldn't be clearer. Shouting at a police officer isn't a trumped-up crime like disorderly conduct or obstructing government operations, not even if you call a cop a Nazi.

Ooops - the boys in blue told a fib? I'm sure that charge was just an honest mistake.

But for those still not convinced here is the actual waver where He agrees not to sue them silly

My point is, even if it was a legal arrest it was a petty charge. I would think police would have more important things to do than waste their time on someone like this. If there were 50 people yelling at them and calling them Nazis, I doubt they would even try arresting someone. Just because this guy pissed them off and he was alone, doesn't justify them to waste taxpayer's dollars to confront this guy and bring him up on charges.

Most of these police officers are ex-military personnel, I'm sure they don't wear their hearts on their shoulders.

Here you go – some great police work for sure! The police were about as wrong as two boys getting busy on the White House lawn.

Justice comes to Jonesboro by Max Brantley on Thu, Sep 2, 2010

Harden was held 24 hours before police discovered they'd filed an erroneous charge. But the disorderly conduct charge still pended. Finally, the city attorney's office said they'd drop the charge, in return for a waiver that Harden not sue over his handling. Harden's no choirboy. But the law couldn't be clearer. Shouting at a police officer isn't a trumped-up crime like disorderly conduct or obstructing government operations, not even if you call a cop a Nazi.

I would not have signed that waiver - I'd have rather had their money. He's a better man than I am.

ETA: Dang

Originally posted by Frogs
Ha! A brain cell sparked, I remembered and found it.

Man I type slow - you beat me to it - Star for you....

reply to post by Frogs

But for those still not convinced here is the actual waver where He agrees not to sue them silly

That guy has got to be the stupidest person on the planet. First, he goes yelling insults at guys carrying guns, then when he has them by the balls, he goes and signs that waver giving up his God given right to live off the police force for the rest of his life.

They must have given him access to some of the good stuff in the evidence vault to get him mellow enough to sign that.

reply to post by Frogs


Hey great post! This confirms these cops were wrong in filing these trumped up charges. I don't think I would have dropped the charges considering disorderly conduct is a misdemeanor offense. I think battery by a police officer and searching this guys garage without a warrant out weighs the disorderly conduct charge.

I really think any decent lawyer would be able to get the disorderly conduct charge dismissed. What lawyer wouldn't want to take this case pro bono if its getting public attention?