My jurisdiction is: NC
Location: Monroe, NC
When I was pulled for an alleged traffic violation for passing a bus on a four lane road, the cop was very confrontational with me from the moment he walked up. He said "Didn't you see that bus?" When I said, "What bus?" He said "Well that's the problem isn't it?" While I was looking for all the documents he requested, he kept saying "Are you mad at me? Why are you mad at me? I saved a kids life!" Up until that point I had not said anything. That statement was totally untrue and really ticked me off.
I considered filing a complaint about his behavior but then thought I'd just tell him what I thought instead. So, as he walked off, I stuck my head out the window and yelled "You're a fu**ing a**hole." I was about to drive away when he came running back to my car yelling, "Okay! You're going to jail!" As I had my three and four year olds with me, I refused to comply with this. He said Social Services would watch them for me. I was not letting Social Services watch my kids, so he called for backup as if he was in danger resulting in the arrival of a swat team of ten officers to try to pull me from my car. Of course, my kids were hysterical and are now traumatized from the experience. Someone outranking him showed up and put a stop to that but they ended up giving me a citation for disorderly conduct and listed it as an arrest on their web site.
Three other relevant facts:
1. The altercation occured in a drug store parking lot which the officer motioned me into.
2. There was one witness: a man, whose mental capacity I question, that was gawking and loitering from the moment I was initially pulled. He was some kind of police enthusiast who shook all the officers' hands after they were done bullying the dangerous criminal and her two kids.
3. I have no criminal record and have only had one traffic ticket in my whole life from being caught in some Alablama speed trap ten years ago.
In N.C. the disorderly conduct statute reads as follows:
Disorderly conduct is a public disturbance intentionally caused by any person who does any of the following:
(1) Engages in fighting or other violent conduct or in conduct creating the threat of imminent fighting or other violence.
(2) Makes or uses any utterance, gesture, display or abusive language which is intended and plainly likely to provoke violent retaliation and thereby cause a breach of the peace.
(3) Takes possession of, exercises control over, or seizes any building or facility of any public or private educational institution without the specific authority of the chief administrative officer of the institution, or his authorized representative.
(4) Refuses to vacate any building or facility of any public or private educational institution in obedience to any of the following:....
Obviously this law was meant for riots. Is there any chance this will hold up in court? Do I have any foundation for suing for a violation of first amendment rights?
Location: Monroe, NC
When I was pulled for an alleged traffic violation for passing a bus on a four lane road, the cop was very confrontational with me from the moment he walked up. He said "Didn't you see that bus?" When I said, "What bus?" He said "Well that's the problem isn't it?" While I was looking for all the documents he requested, he kept saying "Are you mad at me? Why are you mad at me? I saved a kids life!" Up until that point I had not said anything. That statement was totally untrue and really ticked me off.
I considered filing a complaint about his behavior but then thought I'd just tell him what I thought instead. So, as he walked off, I stuck my head out the window and yelled "You're a fu**ing a**hole." I was about to drive away when he came running back to my car yelling, "Okay! You're going to jail!" As I had my three and four year olds with me, I refused to comply with this. He said Social Services would watch them for me. I was not letting Social Services watch my kids, so he called for backup as if he was in danger resulting in the arrival of a swat team of ten officers to try to pull me from my car. Of course, my kids were hysterical and are now traumatized from the experience. Someone outranking him showed up and put a stop to that but they ended up giving me a citation for disorderly conduct and listed it as an arrest on their web site.
Three other relevant facts:
1. The altercation occured in a drug store parking lot which the officer motioned me into.
2. There was one witness: a man, whose mental capacity I question, that was gawking and loitering from the moment I was initially pulled. He was some kind of police enthusiast who shook all the officers' hands after they were done bullying the dangerous criminal and her two kids.
3. I have no criminal record and have only had one traffic ticket in my whole life from being caught in some Alablama speed trap ten years ago.
In N.C. the disorderly conduct statute reads as follows:
Disorderly conduct is a public disturbance intentionally caused by any person who does any of the following:
(1) Engages in fighting or other violent conduct or in conduct creating the threat of imminent fighting or other violence.
(2) Makes or uses any utterance, gesture, display or abusive language which is intended and plainly likely to provoke violent retaliation and thereby cause a breach of the peace.
(3) Takes possession of, exercises control over, or seizes any building or facility of any public or private educational institution without the specific authority of the chief administrative officer of the institution, or his authorized representative.
(4) Refuses to vacate any building or facility of any public or private educational institution in obedience to any of the following:....
Obviously this law was meant for riots. Is there any chance this will hold up in court? Do I have any foundation for suing for a violation of first amendment rights?
