Arrested b/c I called a cop a deragatory name??!!!

[captpjt]

What is the name of your state? Massachusetts

This one is awesome!! I was out at a club/bar last night with about 8 friends and we were dancing/celebrating and enjoying ourselves. Towards the end of the night, a group of men took a few pictures under the short skirt of a woman who was with us with their camera phone. I went over to confront them and myself and my friends were escorted out immediately while the other men that took the pictures stayed, even after the woman told the cop what they had done!! The place was nearly closed and the other men came out just a few minutes later- again I went to confront them and this time 2 cops intervened and called for more help. Nothing had happened up until this point in terms of violence; no punches thrown etc. The cop told my friends to get me out of there and they started dragging me away; I was about 200 feet away from the cop and yelled," *%@$) cop" at which point 2 cops ran up to me and immediately and forcefully arrested me for , " disorderly conduct" and , " resisting arrest"!!! Of which neither actually happened!! The cop went on a power trip and abused his power just b/c he could and wanted to make me have all kinds of aggravation b/c he was called a name!! Do I have any recourse here? This was pretty much false arrest, but I know that is difficult to prove. I have never been arrested before ( I am now 30) and I am a professionally licensed merchant marine officer and this can affect my license renewals and in turn my career. Do I have any rights to undo this power hungry cops' attempt to cause me all this aggravation and affect my career just b/c he can?!

Thanks for your help in advance.
-P

 

[rmet4nzkx]

Sounds like you were drunk and disorderly.

 

[Zigner]

Do I have any rights to undo this power hungry cops' attempt to cause me all this aggravation and affect my career just b/c he can?!

Thanks for your help in advance.
-P

You have the right to understand that it was YOUR conduct that caused all this aggravation and affected your career.

 

[CdwJava]

I was about 200 feet away from the cop and yelled," *%@$) cop" at which point 2 cops ran up to me and immediately and forcefully arrested me for , " disorderly conduct" and , " resisting arrest"!!!

Alcohol can seriously impair one's rational thought processes.

While it seems clear this was an "attitude" arrest (aka "contempt of cop"), your presence in a bar and your likely inebriation probably make the "disorderly conduct" charge a viable one. After all, you had done something to attract the attention of the bouncers, and the cop DID ask your friend to haul you away - so I am guessing you were being a little lippy.

Do I have any recourse here? This was pretty much false arrest, but I know that is difficult to prove.

Hire an attorney to defend you against the criminal charges, for starters. If the charges are dropped or are not pursued, ask your attorney how you might get the arrest expunged from your record in your state. If you take it to court, your options will depend on whether you plead guilty, not guilty, or no contest, and whether the state pursues a prosecution. I am not from MA, but it is likely they will consider the matter settled by arrest ... unless there is more to the story (at least from the officer's perspective).

And next time, don't lip off to the guy with the handcuffs and the badge.

- Carl

 

[justalayman]

You attempted to start an altercation TWICE and were allowed to leave with no further problems and you refused. The third attempt to be disruptive was punished and now you are complaining?

Since we only have your take on the events, and even those show you to be in the wrong, I would suggest you hire an attorney to minimize the damage and not go down the path you are considering as you were in the wrong and taken to task, legally, for it.

A disorderly person is defined as one who:

with purpose to cause public inconvenience, annoyance or alarm, or
recklessly creates a risk thereof
engages in fighting or threatening, violent or tumultuous behavior, or
creates a hazard or physically offensive condition by any act which serves no legitimate purpose.

The info above was found on a Mass attorneys website. It gives a simple definition of disorderly conduct. It would seem that even by your postings that you did commit the crime.

Now it also seems the other folks would be guilty of this as well but it is not an excuse to commit the offense because somebody else is doing it as well.

 

[captpjt]

Sounds like you were drunk and disorderly.

Perhaps I should have cleared that up in my original posting. Although I had had about 4 beers in 3 hours, I was not drunk or anywhere close to it. My profession keeps does not tolerate drinking and I always have only a few drinks in any outing so as to keep myself away from trouble. In this case, I was defending my friend who was being sexually taken advantage of and the cop that was there on detail would not react to what she was telling him(that the men were taking pictures up her skirt), presumably b/c he knew the other group of men. What man wouldn't protect his girlfriend/wife from this type of sexual predation after the cop refused to take any action?! I was extremely mad , but I was not drunk.

 

[CdwJava]

Perhaps I should have cleared that up in my original posting. Although I had had about 4 beers in 3 hours, I was not drunk or anywhere close to it.

However, the crime of "disorderly conduct" does not usually need you to be drunk to be charged.

I was defending my friend who was being sexually taken advantage of

Just how were you defending her? If you caught the attention of the bouncers, it may have been a little too boisterous or threatening. I agree that what they were doing was rude and crude, and the person may well have deserved a good drubbing. However, it may not be a crime in MA to have done what he did ... it probably is, but I am not certain.

and the cop that was there on detail would not react to what she was telling him(that the men were taking pictures up her skirt), presumably b/c he knew the other group of men.

Or, because you and your friends were being a little loud and obnoxious. Nothing keeps us from acting more than the sound of loud people demanding action ... they usually come across as being drunk when that happens.

And, sadly, most DAs don't prosecute lesser offenses in bars because of the fact that most the participants were inebriated, and because the stories are often convoluted. And the cops hate dealing with bar crowds for the same reasons.

What man wouldn't protect his girlfriend/wife from this type of sexual predation after the cop refused to take any action?! I was extremely mad , but I was not drunk.

You didn't mention that she was a wife or girlfriend of yours previously.

But, in any event, it doesn't give you the legal right to make a scene - even if you ARE angry. And it certainly distracts the officer from your complaint when you are acting out in such a way and to such an extent that he has to tell your pals to take you away.

Disorderly conduct in MA:

Chapter 272: Section 53. Penalty for certain offenses

Section 53. Common night walkers, common street walkers, both male and female, common railers and brawlers, persons who with offensive and disorderly acts or language accost or annoy persons of the opposite sex, lewd, wanton and lascivious persons in speech or behavior, idle and disorderly persons, disturbers of the peace, keepers of noisy and disorderly houses, and persons guilty of indecent exposure may be punished by imprisonment in a jail or house of correction for not more than six months, or by a fine of not more than two hundred dollars, or by both such fine and imprisonment.

This is a very generic offense (if this was the section you were cited for ... you may have been hit with a local ordinance or another section) and the elements are very broad. Given what you wrote, I'd say that you fell into the category. Whether it goes to trial or is just resolved as a matter "settled by arrest" has yet to be seen.

If it does go to court, I would recommend consulting local counsel.

- Carl

 

[captpjt]

Thanks for your help and time Carl. I am due in court on Monday a.m. to appear for disorderly conduct and resisting arrest. The resisting arrest was completely false and fabricated- just to juice up the charges. I immediately put my hands behind my back and was not uncooperative. The cop knew this would be difficult to disprove. I was thinking of going without counsel, but it seems I really should have an attorney- The cop knew just how to take me over the coals and abuse his power- it will cost me time, money, and I may end up with a record b/c he wanted to let his buddies perv out on a woman and not do his job!

Again though- thanks for your time - it is much appreciated!

 

[CdwJava]

I may end up with a record b/c he wanted to let his buddies perv out on a woman and not do his job!

While the arrest may not have been the best course of action (though the disorderly part does seem to be supported by probable cause), this does not mean that the officer let the "perv" off because they were buddies. It could well be that no crime was committed, or, he was too distracted by you or others that dealing with someone allegedly trying to take a picture under a skirt was tough. It may also be that no picture was taken.

I can't speak to the merits of the matter, though I can say that whenever we (the police) do not make an arrest when someone thinks we should they tend to assume that it is because we are pals of the accused (and in smaller towns we know many people by their first name, so it becomes particularly easy to make the accusation) even if we are not.

So, it is possible that there was no crime or no issue to deal with due to time, distraction, or inebriation of the parties involved. It could be he cut his pals a break, or, it could be that he had no real legal recourse given what he knew. And TRYING to get such a picture may not be a crime even if actually obtaining one is.

- Carl