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Disorderly Conduct

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kdawson2

Junior Member
What is the name of your state?What is the name of your state? GA

On the night of Nov. 27, some friends and I were headed to a party. I was the driver, and I had 3 passengers. As i had just picked up one of the passengers we got a call telling us that the party was shut down. Not knowing what to do we pulled to the side of the road (down the street from the passenger's house) while we thought of what we were going to do since the party was over. While we were waiting, another friend of ours (the passenger's brother) came up to the car joking and asking us what we were doing. So we were just joking around in the street for about 30 seconds and I got back into the car. As my friend had just began to walk home a police car came around the corner and past the car, then turned around. He asked everybody that was in the car to stay in the car and everyone outside the car to stay outside of the car. He came up to the window and asked us were we were headed and we told him to the club and asked us for ID. Everyone who had their ID's handed them over and he walked away. He came back and asked why was our friend's shirt off aand we said that we were just playing round and he walked off again. Soon, two more police officers pulled up and began looking around the car. After that, my name was called by one of the police officers who had just arrived and I had been told to get out of the car. My friend who was walking home had been put into the car of the police officer that had just arrived while that same police officer told me to put hands on the car. He was searching me and asked me did I "have any dope" on me. I responded no. He said he was going to only ask me one more time and if I had some on me he was going to charge me with it. He asked me did I have any "weed" on me and I said "no, don't smoke." He then asked me could he search the car and I said, "Go ahead." As soon as he went in the car and didn't find anything he told me to put my hands behind my back and I said, "Why?". He began to put his elbow in my neck and push my head down on the car. He put the handcuffs on me and placed me in the same car as my friend. A couple of minutes later, he placed me in the car of the officer who first stopped and began to talk to the other passengers in the car. As the officer that placed me in the car talked to the other passengers, the first officer said, "I'll talk to him for you." A couple more minutes passed and he asked me what i would like done with my car and I said, "I would like to drive it home." He said that I could not do that and that i had been charged with "fighting in the street." (Keep in mind this was not even the officer that first stopped us. Also keep in mind that when the first officer came I was sitting in th car). He left and came back and asked what did i want done with my car and i wanted him to leave it there. He said that I was charged with disorderly conduct and asked me my information and did i understand my charges and said, "No." He responded, "Well that's what you are charged with." He came and put back into his car (one of the back-up officers) and drove us to jail. As we were riding he was saying that we were he was going to give us a citation "Just like a traffic ticket," he said. My friend continued to tell him that we were friends and we were playing but he said, "It's not for me to decide, it is for the judge." When we got to the jail he began to write the tickets and asked us what did we want him to put on the tickets and i said, "playing." He said he couldn't put that because that is not a law that can be broken so he put "wrestling". We then went through the procedure of taking off our belts and shoe strings and writing down our info. We took pictures, got blue wrist band put on our wrists and put in a holding cell. Not long after my mom paid $284.00 to get me out. I am to appear in court Dec. 15. Throughout this whole time I was not read my rights. I do not feel that this was arrest was necessary. On the ticket it says, " (o) observed the (s) wrestling in the roadway at meadowlark/ nighthawk" (Keep in mind no officer was present while we were playing for no more than 30 seconds the officer that took us in and wrote this statement on the ticket was not the officer that originally stopped while we were sitting in the car. If you have any suggestions please let me know of any ASAP. Thank you
 


HomeGuru

Senior Member
kdawson2 said:
What is the name of your state?What is the name of your state? GA

On the night of Nov. 27, some friends and I were headed to a party. I was the driver, and I had 3 passengers. As i had just picked up one of the passengers we got a call telling us that the party was shut down. Not knowing what to do we pulled to the side of the road (down the street from the passenger's house) while we thought of what we were going to do since the party was over. While we were waiting, another friend of ours (the passenger's brother) came up to the car joking and asking us what we were doing. So we were just joking around in the street for about 30 seconds and I got back into the car. As my friend had just began to walk home a police car came around the corner and past the car, then turned around. He asked everybody that was in the car to stay in the car and everyone outside the car to stay outside of the car. He came up to the window and asked us were we were headed and we told him to the club and asked us for ID. Everyone who had their ID's handed them over and he walked away. He came back and asked why was our friend's shirt off aand we said that we were just playing round and he walked off again. Soon, two more police officers pulled up and began looking around the car. After that, my name was called by one of the police officers who had just arrived and I had been told to get out of the car. My friend who was walking home had been put into the car of the police officer that had just arrived while that same police officer told me to put hands on the car. He was searching me and asked me did I "have any dope" on me. I responded no. He said he was going to only ask me one more time and if I had some on me he was going to charge me with it. He asked me did I have any "weed" on me and I said "no, don't smoke." He then asked me could he search the car and I said, "Go ahead." As soon as he went in the car and didn't find anything he told me to put my hands behind my back and I said, "Why?". He began to put his elbow in my neck and push my head down on the car. He put the handcuffs on me and placed me in the same car as my friend. A couple of minutes later, he placed me in the car of the officer who first stopped and began to talk to the other passengers in the car. As the officer that placed me in the car talked to the other passengers, the first officer said, "I'll talk to him for you." A couple more minutes passed and he asked me what i would like done with my car and I said, "I would like to drive it home." He said that I could not do that and that i had been charged with "fighting in the street." (Keep in mind this was not even the officer that first stopped us. Also keep in mind that when the first officer came I was sitting in th car). He left and came back and asked what did i want done with my car and i wanted him to leave it there. He said that I was charged with disorderly conduct and asked me my information and did i understand my charges and said, "No." He responded, "Well that's what you are charged with." He came and put back into his car (one of the back-up officers) and drove us to jail. As we were riding he was saying that we were he was going to give us a citation "Just like a traffic ticket," he said. My friend continued to tell him that we were friends and we were playing but he said, "It's not for me to decide, it is for the judge." When we got to the jail he began to write the tickets and asked us what did we want him to put on the tickets and i said, "playing." He said he couldn't put that because that is not a law that can be broken so he put "wrestling". We then went through the procedure of taking off our belts and shoe strings and writing down our info. We took pictures, got blue wrist band put on our wrists and put in a holding cell. Not long after my mom paid $284.00 to get me out. I am to appear in court Dec. 15. Throughout this whole time I was not read my rights. I do not feel that this was arrest was necessary. On the ticket it says, " (o) observed the (s) wrestling in the roadway at meadowlark/ nighthawk" (Keep in mind no officer was present while we were playing for no more than 30 seconds the officer that took us in and wrote this statement on the ticket was not the officer that originally stopped while we were sitting in the car. If you have any suggestions please let me know of any ASAP. Thank you

**A: what is your age?
 

Curt581

Senior Member
To make a long story short...

You were out at night, in a residential neighborhood. You started acting stupid, creating a disturbance. Some nearby resident looked out his window saw it, decided a fight was in progress, and called the cops. You got a municipal citation for disturbing the peace (Disorderly Conduct).

Sounds right to me.
 

kdawson2

Junior Member
19. The thing about it was that nobody called in. The only reason he found out that we were playing was because we told him when he asked why my friend's shirt was off. He just stopped just because. We were in the car when the original officer came.
 

kdawson2

Junior Member
They couldn't have, we were parked outside nomore than 5 minutes before the cop came. About 4 of which we were inside the car. This is a corner that everyone is on on a regular basis. As i said, we were only outside of the car 30 seconds max and we weren't loud. Besides, even if someone did, there was no need to take us to jail and have to pay $284.00 to get out. On the ticket, it says he observed us wrestling (no time did we physically touch) and when the orginal officer came we were inside the car about to leave. I just want to know is there anything I can do or what would be the best thing to do.
 

kdawson2

Junior Member
That's exactly what happened and that is why i'm so upset; because nobody believes me. It's like they were just looking for someone to take in. H
 

Two Bit

Member
The reason we have court is to figure things like this out.

First off, being read your rights is irrelevant. That's TV cops stuff. It only applies when you're being questioned after an arrest. If someone does question you after arrest, it just means that the statements you made after the arrest would be supressed.

The ticket thing. In Georgia, ordinance violations are written on tickets, and they don't go on your criminal record. They will be in local files at that jail and police dpeartment.

Just because you were in the car when the officer met with you, it doesn't mean that was when you were first observed.

I notice that you mention that you were just playing around, which isn't a defense to a crime in Georgia, and that this is a place where everyone hangs out. It sounds like there's could be something to this.

Court is always there for you to listen to the evidence that the city or county has and present your side of the case.
 

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