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carguy31

Member
well that's the short version pretty much to the T, I couldn't tell you if they said "leave" or you are "free to go" but it sure seems like they said you are free to go. either way I don't see how it would make much difference b/c here is basically what they showed me after threatening to tase me is basically this, what you posted:

making an unreasonable noise or an offensively coarse utterance, gesture, or display, or addressing abusive language to any person present,

so by that and that alone all else does not matter, the bird alone is disorderly conduct.. right? right or wrong, I don';t think id deserved to go to jail. they didn't say a word to her cussing me out, one cuss word and a bird and I go to jail. no wonder i have such a poor view of authority, I've had my fair share and always get the short end of the stick it seems.

that law clearly violate free speech anyways. I shouldn't have even said anything, I was just asking. God is the final judge of all things.
 


justalayman

Senior Member
would you rather they simply arrested you upon first contact? That really becomes a much harder charge to convict on but on top of that, a cop often would rather the situation simply end. It's when the cop says go and you don't, then they just give up and arrest.

yes, that one word could have made all the difference in your situation.
 

Alex23

Member
that law clearly violate free speech anyways.
You're going to take this all the way to the supreme court?
I shouldn't have even said anything, I was just asking. God is the final judge of all things.
Why do you have to bring religion into this? If you pray really hard, God might let you out of the ticket, but you would be better off hiring a lawyer.
 

justalayman

Senior Member
what could they have arrested me for? or more what SHOULD they have arrested me for.
it sounds like they could have arrested you for DC long before they did but were simply trying to calm the situation. Cops often do that and part of that is separating the parties. Once they told you to leave, your added uotburst to the situation was likely seen as you weren't going to just let this end so, they arrested you.

Now, I am not a fan of DC arrests as the laws are often written to allow an arrest for just about anything (slight exaggeration but not much). I believe in the freedom of speech but there really is a fine gray line between your right to free speech and disorderly conduct.

One of the great exceptions to your first amend rights are what is termed "fighting words".
Chaplinsky v. New Hampshire (1942), the U.S. Supreme Court established the doctrine and held that "insulting or 'fighting words,' those that by their very utterance inflict injury or tend to incite an immediate breach of the peace" are among the "well-defined and narrowly limited classes of speech [which] the prevention and punishment of...have never been thought to raise any constitutional problem."
Your outburst may easily have fallen into that exception. A lot of what might have been said may have fallen under that exception as well.
 
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FarmerJ

Senior Member
Mahm you think you might be able to get the stores main offices /corporate headqaurters to tell you what the company policy is when two people are exiting a store at the same exact time is and a security alarm goes off? ( if you are told that both customers purchases are to be checked ) then not sure how far it will go but it would be worth filing a incident report with the company headqaurters and seeing where it goes.
 

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