Harassment, Stalking, Misconduct disorderly conduct or freedom of speech

[bbancroft]

My husband was recently arrested for disorderly conduct by a Dept. of Natural Res. officer after he said we were speeding through a "no wake" zone. He issued us a ticket that we are going to fight but then my husband was walking away and cursed while he called the ticket a name. The officer thought he had called him a racial slur (husband was 10 feet away or so) and proceeded to arrest him. He then walked back and explained to me what he arrested him for. I informed him that it wasn't a racial slur. He then said that he cursed him. I said that he did curse because he was a hot head. He wasn't talking to the officer or even in the immediate area, he was talking to me at the back of the officer's truck. We want to fight this but are not sure if we have a legal standing. I'm not even sure that the officer knows what he said (the name he called the ticket). Any help would greatly be appreciated.

 

[tpajet]

I would fight this in court, than get a lawyer as the officer did violate your husband's first ammendment rights. That has been challenged in the courts before, and determined that you are within your first ammendment rights to call the officer whatever. It may not be nice to do, but it's not illegal.

 

[raskalnikov]

. .. What did he call the ticket?

 

[mightymoose]

I can't think of any curse words that sound even slightly close to a racial slur.

Even so, this does not amount to disorderly conduct and will be easy to beat. If you are really angry about it you might be able to make a case over the officer arresting him in this situation. The officer will have to explain what he observed that amounted to disorderly conduct and justified the arrest.

That said... if there was alcohol involved, it will be tough a tough sell.

 

[jharris352]

I would love to see that court case. It would surprise me to find out you are right. Your freedom of speech can be abridged while you are arrested or even detained as you are required to listen to the officer's instructions and if he tells you to be quiet you have to comply. Further you can't call an ordinary citizen, "whatever you want." Certain words and such are inflammatory and consider fighting words. If I got in your face and cursed you out it could easily be considered disturbing the peace and I could be arrested.

That having been said, I am pretty sure that these people will beat this additional charge. The detention was apparently over with, the curse was not directed at the police officer, nor spoken to him, and his detention was over. Still its not a violation of free speech, he just is not guilty of breach of peace or whatever you call it there.

When you get to the court I would hold your temper and tongue, the Judge can limit free speech too.

Good luck.