Foul-Mouthed Man Arrested For "Swearing In A Park" In Surreal Video

Relax! Next time, just say "okay" POLITELY! I cannot emphasize that enough! See? Try it! It calms the nerves and soothes the situation. I had to learn that from a co-worker. It works! Okay? Okay.

See this a clear cut case of miscommunication on the part of the police. If the officer just said look SIR shut up for a sec, calm down and I will explain the situation.

The park has a no swear policy. A complaint was made that you were doing so. You have 2 choices leave now or be arrested. Then he could have cursed his way on out the park and the problem would have been solved.

If that was said it would have had a different outcome i'm sure.

But instead you got a stupid cop saying your under arrest for swearing don't resist. Then trying to cuff him like a robot in a uniform.

Dehumanizing the whole situation treating the guy like an animal instead of a human being.

The guy could have just been swearing in conversation and not even directly at anyone for all we know.

Put yourself in the shoes of this guy for one moment. Your at the beach relaxing and all the sudden you got a cop in your face telling you your being arrested for swearing.

If thats not a WTF situation I don't what is then. Can any of you honestly tell me if that happened to you, you wouldn't be upset. I know I would be livid.

People get angry and anger clouds our minds unlike any drug could ever do. It got the best of him, will it get the best of you. Yea you all may have handled it better, but being outside the box looking in its easier to point the blame. When your in that box and feel the walls closing in will you keep calm and cool. Time will tell.

Another thing as the cops kept rolling in they just went at him like an criminal trying to take him down.

Not one fresh cop came in and said whats the problem and tried to talk to the guy and see what the issue was. They didn't disfuse the problem. They came in with thier bully mentality and made it worse.

A real cop would have calmed the person down since he wasn't a threat had no weapon. When he was calm told him the situtation. He would then have given the ultimatum and then escorted the person off the property safely. Then if the person resisted after that its a whole new ball game.

The point being a little more communication on the officers part and a little less bullying this thread would be non-exsistent

Oh yea did anyone notice at about 2:03 in the clip the guys yelling you back up while the cop in front of him has his hand on the guys chest.

All the sudden the other cop swoops in and tries to tackle the guy and says "alright now you get your F***ing hands behinde your back"

double standards much..........................



BE SAFE>>>>>>>>>>>>>>>...

The main problem here is you have Park Police who are obviously not used to dealing with combative individuals. #1 They have no command presence , #2 They didn't have control over the scene, and #3 They escalated the situation for no purpose. You as an officer need to maintain control of the scene. If dispatch tells me I have someone disturbing the peace , when I'm on scene I'm going to let them know why I'm there & what's going to happen. something along the lines of (with my officer friendly smile)

" Good Afternoon Sir, I'm Ofc **** and This is Ofc **** , What's your name? (John) ok John, We're here because we received a report of some people being rowdy and yelling profanities , we understand you folks are having a good time enjoying yourselves and theres nothing wrong with that , I myself like to have a good time but you need to understand that other folks are trying to enjoy the park with their families and children and we try to maintain a safe and family like atmosphere here. What I'm going to need to to do John is go ahead and take it down a notch for me, I'm not saying you guys can't have a good time, I want everyone to have a good time but yelling and profanity simply isn't tolerated here. Do you have any questions John? No, ok good.

Now, before we go John, understand that If we get called back here again and observe any of you guys yelling profanities again in my park , You will be asked to leave , are we clear on that John?

Outstanding, I appreciate your cooperation and you folks enjoy the rest of your day."
************************************************************

90% of the time, I've found that when you treat people firmly , fairly and with respect.... they comply , it makes your job easier and it also cuts down on reports and you being out of service for longer than is needed.

Now for that 10% it would go as follows , let's say John wants to become combative , drunk and disorderly and not comply , I would tell him that he was under arrest for (whatever local ordinance it pertained to or statute I wanted to use) and to place his hands behind his head interlock his fingers and turn around. If he started acting like a jackass and isn't obeying me or is resisting arrest & trying to leave the scene, I'm going to radio for more cars due to the amount of people there, then I'll order him to comply again, If he fails to comply He's getting OC'd immediately , and all of his friends will be ordered to clear away from my scene or they will be arrested right along with him for interfering with the arrest , I'm going to loudly yell "Sir, stop resisting Sir" over and over for the camera (always act like you're being filmed) and any witnesses , I'm not going to dance around with a guy thats under the influence (If he was) or combative because I want cuffs on him ASAP , if he tries to flex on me I'll simply pick his @$$ up (I've found that when you actually pick someone up and their feet leave the ground , it does something to them mentally , they'll comply) and dump him on his side and fold him up , then John is getting new bracelets and getting in the back of my car.

If little miss "I Smack Cops" starts feeling froggy She's getting sprayed and cuffed as well, If you wanna get treated like a lady, act like one... You wanna assault an officer?... good to go, lawyer up because you're gonna need it.

That goes for "Captain Camera" too... I'll tell you once "GET AWAY" , I've got no problem if you wanna sit back and film , it's your right.... but If you interfere while I'm trying to effect an arrest... congrats, you get new bracelets too.

The reason this whole thing looked so bad is because I don't think the officers really knew what they wanted to do , the whole situation was dragged out much longer than it needed to be. They didn't seem 100% committed to whatever decision they were trying to make. If you've committed to using physical force , USE PHYSICAL FORCE! Don't sit there and hold hands with a guy, there are things that you can do to get someone to comply , you can use a pain compliance which hurts like hell, but causes no injury.... or if someone is under the influence, there are things you can do that are involuntary due to body mechanics and joint manipulation, you have no choice but to comply.

I personally think that they could have approached the dude and just talked to him to get the desired result.

Originally posted by Idotwhat

The park has a no swear policy. A complaint was made that you were doing so.

just so you know, i posted this in my post on page two.
the park is in minneapolis, and they do have a ordinance.

here in this link scroll down to: " park and recreation board code of ordinances" chapter two

PB2 - 16

No threatening, profane, abusive, disorderly, insulting or indecent language, conduct or behavior, nor any act tending to a breach of the public peace, shall be allowed in or upon any park, parkway, beach, playground or park waters; nor shall any person play at games of chance, drink intoxicating liquor, or be drunk, or do any indecent, lascivious, lewd or improper act therein. (Code 1960, As Amend., § 1010.210)

you will also see that i posted a wiki link called: " Hidden Beach ".

and you will notice that i showed that there is controversy concerning this park by the quotes that i posted.

i 'am no lover of cops, there are some who are full of themselves, and throw their power around and try to be "King Sh@@ on Trud Hill: but there are others who just try to do there jobs and not abuse their power, which i think these guys were doing until the crowd started jumping in and made things worse/ the girl didn't help matters and neither did the guy with the camera phone who keep saying facebook. then all the others that gathered around couldn't have been giving the park police a good feeling, they might have felt that a situation might have been a brewin. and the guy himself should have followed the cops orders and and kept his trap shut and it would have went much better for him.

Haha, FOR CURSING?

One of my most preferred social experiments...using a curse word and observing the responses. I've drawn some of my own conclusions;

You see how many posters say it's his own fault for speaking up?

Guess why?

When you were a kid growing up, if you cursed, what would your parents do? Smack you upside the head and say how only bad people curse.

Well, this is social engineering at its best. People here do not want to be associated with someone cursing, so they take distance by putting the blame on the guy cursing.

Look how many people will point to the guy cursing as the one to blame and not the officers for the obvious abuse of authority.

Authority...if you cannot question it you're lost.

!@#% sake, it's only words. What happened to deny ignorance?

Originally posted by hounddoghowlie
PB2 - 16

No threatening, profane, abusive, disorderly, insulting or indecent language, conduct or behavior, nor any act tending to a breach of the public peace, shall be allowed in or upon any park, parkway, beach, playground or park waters; nor shall any person play at games of chance, drink intoxicating liquor, or be drunk, or do any indecent, lascivious, lewd or improper act therein. (Code 1960, As Amend., § 1010.210)

Embhasis mine. Also what is the maximum sentence for that?

reply to post by ExPostFacto


You're the one drunk. How do I know? Cause I saw it in the interwebs.

reply to post by defcon5
This is your statement in an earlier post.

Police are not required to tell you why you are arrested at the scene, only that you are under arrest.

I asked you if you were kidding, being sarcastic, or if you were indeed stating fact.

This is your rebuttal:

Please show me a state statute or otherwise stating that police have to give you the reason for your arrest at the time the arrest is made?

Since you’re the one who made the statement in the first place it’s up to you to provide statutes/proof - not me.

I asked you a question.

If you don’t want to provide links/statutes to back up your claims, no problem - but I’m not going to do your work for you.

Regardless, we have to keep in mind there was a man dressed as a cop who just killed almost a hundred people.

If a cop starts putting his/her hands on me? Without giving me a reason? And without giving me a reason? You can bet I’ll be the one making a fuss. And you can take that to the bank.

‘You’re arrested!’ (cop)

‘For what?’ (me)

‘None of your business!’ (cop)

‘FOR WHAT! FOR WHAT! FOR WHAT!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!’ (me)

peace

reply to post by EyesWideShut


Spot on sir. As an ex-officer, that is EXACTLY what I would have done as well. Too bad I can only give one star

Are you a current officer, or ex?

reply to post by silo13


Can't say this enough:

--“Citizens may resist unlawful arrest to the point of taking an arresting officer's life if necessary.” Plummer v. State, 136 Ind. 306. This premise was upheld by the Supreme Court of the United States in the case: John Bad Elk v. U.S., 177 U.S. 529. The Court stated: “Where the officer is killed in the course of the disorder which naturally accompanies an attempted arrest that is resisted, the law looks with very different eyes upon the transaction, when the officer had the right to make the arrest, from what it does if the officer had no right. What may be murder in the first case might be nothing more than manslaughter in the other, or the facts might show that no offense had been committed.”

www.dailypaul.com...

reply to post by PsykoOps


so far this is all i could find, it comes from a minnesota lawyers web site, so take as you will.
i will continue to search for the city. and or state penalties for this.

Disorderly conduct is a serious criminal offense.
Many people assume that disorderly conduct is not a really crime – you will get a fine and that’s it. This is actually not the case. Disorderly conduct is considered a misdemeanor offense which is punishable by up to 90 days in prison and a fine of $1,000. You could also be looking at counseling, treatment and community service, restitution to the victim. Furthermore, you will be looking at a court trial as well as a permanent black mark on your criminal record if found guilty of this serious criminal offense.

here's the lawyer's page

Judith Samson

reply to post by hounddoghowlie


Link

609.72 DISORDERLY CONDUCT.
Subdivision 1.Crime.

Whoever does any of the following in a public or private place, including on a school bus, knowing, or having reasonable grounds to know that it will, or will tend to, alarm, anger or disturb others or provoke an assault or breach of the peace, is guilty of disorderly conduct, which is a misdemeanor:

(1) engages in brawling or fighting; or

(2) disturbs an assembly or meeting, not unlawful in its character; or

(3) engages in offensive, obscene, abusive, boisterous, or noisy conduct or in offensive, obscene, or abusive language tending reasonably to arouse alarm, anger, or resentment in others.

A person does not violate this section if the person's disorderly conduct was caused by an epileptic seizure.

As for the punishment, the above law states it is a misdemeanor.

Misdemeanor 90 days in jail and/or up to $1,000 fine

Link

reply to post by Lemon.Fresh


thanks, just couldn't find the right link.
and it appears to be the same as what i posted

After reviewing the video, there are a few things that can be stated:
This is a case of several things that went wrong. The video does not show what all happened before the police arrived, and there is no way to know the situation that would have required for the police to show up. The man is clearly agitated, and probably was asked not to cuss, as this was a public place, and there are children around. But as this is the United States, he does have the right to do such, however, the only way the law can get challenged is to get arrested for such, and then to go through the lengthy process of such. This video shows several things that went wrong. The first is the man who was being arrested. Many people have the right to remain silent, anything that is said can and will be used against them in a court of law. This man has that right, but did not have the capacity to use it. In the video he was shown to be agitated and probably asked to leave the park, and then choose to argue with the police. They went to arrest him and the second thing happened, the woman laid hands on the police. That is assault, and instead of stopping and just relaxing, she got arrested for such, along with being put into cuffs and maced. The only thing that was shown that is commendable, is that the person video taping the entire incident, stated he was video taping it and the person trying to calm the situation down, that is a good thing as they remained back and were trying to be helpful. The guy who got arrested, well he is going to go to jail and probably have a bit of a court battle on his hands.
While we are guaranteed the freedom of speech and to use such, at the same time, you can not pick and choose when to obey a law, or when to follow that an officer is telling you. Chances are the officers showed up and asked him to leave the park, based off of the cheering that went on, there were complaints by the other people there against this guy.
So the video shows the facts:
1) No way of knowing why the police were called in the first place, just picking up as to them demanding the person leave the park, and putting him under arrest.
2) An agitated person who is cussing and refusing to cooperate with the police.
3) A woman who laid hands on an officer.
4) The woman being arrested.
5) The man being arrested and a cheer coming up from the crowd.

So where is the police brutality? Or the fact that would have lead to the cops being called in the first place? None. It is hard to determine who is at fault here.

What's wrong here is that we're focusing on the letter of the law too much and trying to treat humans like machined parts in a factory. We're making laws for machines, not humans. If we want to have robotic humans this is the best thing we could do, but we first have to cull all of the non-robotic humans from the population. But we will just replace the humans with actual robots eventually anyway because they have advantages. We could be preparing for that, though.

It's really absurd on the surface of things and gets worse when you dig deeper.

We're machine parts in a society. It goes in circles, round and round, just like a machine.

Don't cause trouble, human! Don't speak out of your turn. Don't disrupt the lesson!

I swear, this self-righteousness and holier-than-thou is transforming us all into robots.

reply to post by Lemon.Fresh

One of the best reply's I've read on ATS to date.

APPLAUSE!!!

Cut paste and save for me. I hope everyone else does also.

PLEASE! People! Don't stop asking - EVER - 'WHAT FOR WHAT FOR!'

This really has to be the catch phrase for our future!

WHAT FOR!

Don't miss this thread either - if you're in ANY DOUBT what you're up against Americans!

Police beat and taser 'gentle' mentally-ill homeless man to death

PEACE - NO MORE!!!


peace

reply to post by defcon5


“An arrest made with a defective warrant, or one issued without affidavit, or one that fails to allege a crime is within jurisdiction, and one who is being arrested, may resist arrest and break away. lf the arresting officer is killed by one who is so resisting, the killing will be no more than an involuntary manslaughter.” Housh v. People, 75 111. 491; reaffirmed and quoted in State v. Leach, 7 Conn. 452; State v. Gleason, 32 Kan. 245; Ballard v. State, 43 Ohio 349; State v Rousseau, 241 P. 2d 447; State v. Spaulding, 34 Minn. 3621.


According to the courts, the officer has to allege a crime to claim jurisdiction. If the officer does not, the defendant may resist up to and including killing the officer.

Actually you can be arrested for swearing in public. Back in 1990-199, I was arrested in the State of Kansas for the exact same offense. The way it read on the ticket I was handed after I left the police station was "Disorderly Conduct- using profane language in public"

That is the wonderful thing about the disorderly conduct charge, you can use it and attach it to just about anything. It is not an actual charge, it is a classification. The system has done the exact same thing with Domestic Violence laws. Domestic Violence is no longer just about a spouse, boyfriend, brother or sister striking or beating one another. It is now used as a classification. As an example, let us say your 18 year old son gets mad at his girlfriend and decides to act like a douche and he deflates her car tires. He does not cut the tire, he just lets the air out. That charge would be "Domestic Violence- Tampering with an automobile". The Domestic Violence portion is attached because they were boyfriend and girlfriend. The same is also done with Disorderly Conduct.

The only reason why anyone sees these things so often now is because video cameras are everywhere and easily accessible for anyone, but the arrest you see in the OP's video and what he is being charged with has been going on for a very very long time. I was charged with it 30 years ago, so this is nothing new.

reply to post by micmerci


He told him he was under arrest for swearing. They didnt say that he was under arrest for swearing in a park. There is no law that says it is against the law to swear in a park. There may be a park rule saying that, but since the beginning it was claimed that it was against the law.

reply to post by sdcigarpig


He does have the right to remain silent, but he was never read them. Miranda vs Arizona. An arresting officer must cite a person their Miranda rights. These were never presented to him during the entire ordeal. So, if thing was to go to court, the officers could not use this video against him after he is hand cuffed.