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I'm not taking it personal hell I had a few run-ins with some really big a$$hole state troopers and a few Des Moines cops when I was a kid. I can see everyone's point of view and I guess I really can't say that sometimes a simple charge like that isn't abused because it is at times. However; that doesn't mean that the people probably didn't deserve to be arrested because they were running their mouths or something along those lines. I won't tolerate someone bad mouthing me when I work because I treat everyone with respect due to my upbringing. When they get disrespectful and stupid the handcuffs come out and we go to candy land. :thumbs

That is exactly what I am talking about. While I definitely agree that everyone should be respectful of others, including police, I know that someone "running their mouth" or "bad mouthing" someone is not a crime. It is usually people arrested for "running their mouth" that end up with bogus disturbing the peace charges.

 

In short, being disrespectful to cops is stupid and a bad idea, but not a crime, and not worthy of arrest.

 

Actually in Iowa we have a charge for disturbing the peace and another charge called disorderly conduct whether you like it or not being disrespectful to an officer calling him or her names and generally being an a$$hole is against the law in most places and you will get arrested for it. If someone says to me "your an a$$hole!!!" that's it you've crossed the line I didn't curse at you so guess what you go to jail. Prosecutors and judges will enforce the charges most of the time and people generally learn their lesson after a night in jail. People outside of law enforcement will never understand the job and I can't explain it to anyone you just have to do it. It's kinda like when you talk about Husker football and being a fan "From the outside looking in you can't understand it and from the inside looking out you can't explain it."

 

 

Ah yes, disorderly conduct, the twin brother of disturbing the peace. Here is your Iowa statute for disorderly conduct:

 

723.4 Disorderly conduct.

A person commits a simple misdemeanor when the person does any of the following:

1. Engages in fighting or violent behavior in any public place or in or near any lawful assembly of persons, provided, that participants in athletic contests may engage in such conduct which is reasonably related to that sport.

2. Makes loud and raucous noise in the vicinity of any residence or public building which causes unreasonable distress to the occupants thereof.

3. Directs abusive epithets or makes any threatening gesture which the person knows or reasonably should know is likely to provoke a violent reaction by another.

4. Without lawful authority or color of authority, the person disturbs any lawful assembly or meeting of persons by conduct intended to disrupt the meeting or assembly.

5. By words or action, initiates or circulates a report or warning of fire, epidemic, or other catastrophe, knowing such report to be false or such warning to be baseless.

6. Knowingly and publicly uses the flag of the United States in such a manner as to show disrespect for the flag as a symbol of the United States, with the intent or reasonable expectation that such use will provoke or encourage another to commit a public offense.

7. Without authority or justification, the person obstructs any street, sidewalk, highway, or other public way, with the intent to prevent or hinder its lawful use by others.

 

I would sure like to know how "running your mouth" or being disrespectful falls into the category of disorderly conduct in Iowa.

 

And it doesn't surprise me that prosecutors and judges usually go along with those charges. Most judge and prosecutors think they are all on the cops team, which is a big problem with the criminal justice system. It is that kind of thinking that results in innocent people being sent to jail for crimes they didn't commit. In Illinois, we are quite familiar with that problem.

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The problem with statutes like that is they are too vague. Define 'unreasonable distress'? What is 'disturbing a lawfull assembly'? "Loud or rocus noise'? These things are all too open ended.

 

At the end of it, the only reason many of these things even remain on the books is it hasnt been worth peoples' time, and money, to challenge the constituonality of parts of them. They have been used at times to violate peoples' rights, usually to silence them if they are in disagreement with the powers that be. "Running your mouth' is garenteed by the first amendment. It isnt the same thing as a threat. "running your mouth" can be something as simple as trying to argue your side of things.

 

Law enforcement has a nasty job, one I wouldnt want. But laws like 'disturbing the peace, and disorderly conduct need to be struck from the books. They are just catch alls that can be abused, and commonly are.

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I love how all of the sudden I have to defend law enforcement because of some people on this board!!! It's happened more than once before and some of you will never understand it!!! I'm not going to sit here an argue with hard headed people that don't know what it's like to be a cop and what a thankless job it is. I do it because of the honor of it and what it feels like to put that uniform on everyday. I don't do it to be a power tripping a$$hole because I'm not that way.

 

3. Directs abusive epithets or makes any threatening gesture which the person knows or reasonably should know is likely to provoke a violent reaction by another.

 

By the way this means that they are directing abusive language towards another person that would bring about a violent action by a reasonable person. What that means is, if someone comes up to you and says "f#*k you mother fu&*#r what are you going to do about it!" a normal person under like circumstances would probably have some type of reaction to this!

 

"Running your mouth" may be protected by the first amendment, but being an a$$hole and getting out of control is against the law!

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Section 415 of the California Penal Code:

 

Any of the following persons shall be punished by imprisonment in the county jail for a period of not more than 90 days, a fine of not more than four hundred dollars ($400), or both such imprisonment and fine:

 

(1) Any person who unlawfully fights in a public place or challenges another person in a public place to fight.

 

(2) Any person who maliciously and willfully disturbs another person by loud and unreasonable noise.

 

(3) Any person who uses offensive words in a public place which are inherently likely to provoke an immediate violent reaction.

 

 

So you'd better not "run your mouth" in an offensive manner around me in Riverside County, Ca. :box

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Most police get a bad rap. It is sad that a few testosterone-filled, I miss high-school football, idiots get the most attention. To lump all police into one body is pretty rediculous (whether for or against). I know many police officers most of which are great people. I have also had a few scrapes with police, but I was always intelligent enough to know that if I acted like a jack-ass, I would be treated like one. On the other hand, I have had the times of getting pulled over for going to slow (5 miles under the speed limit.....aka: wanted to check for alchohol) and the best reason I have been pulled over for was my liscense plate light was too dim (wanted to check for beer, only found my 1 year old sleeping). It is sad that a few idiots get the most attention. Lawrence Phillips was an idiot, but he should not represent the whole 95 team. In short, there are a-hole cops and distinguished and respectable cops. Anyone who says different is being extremely obtuse. One of my best friends is a cop in Des Moines. I remember him saying to me "people respect one's actions, not a their shiny badge. Treat people with respect until their actions demand a different course."

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Thanks for your post Redman. Your friend is definately right. You shouldn't expect respect for just being in uniform and being an officer. I have always given respect to everyone until they get disrespectful with me and I have had few problems with people. You always have those a$$holes that hate you just because of what you do and that's expected. It's been a long time since I have arrested someone for disorderly conduct or disturbing the peace.

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