That can be said about anywhere. "Many" doesn't mean a whole lot unless they are objective bystanders who both have firsthand knowledge of events and police procedure and policy. I can walk down the street right now and find "many" people that would say the same thing here ... but those 5 people are arrested a lot for burglary and dope.
That's just rude. If you want to show disapproval for the conduct of the force, or the management, then there are many other ways to do it that are not personally insulting or derogatory. I suppose, then, you wouldn't mind if the local cops show their disapproval of irreverent members of the public by flipping YOU off?Last week to show my disapproval for the the P.D. I gave 2 officers the finger while in a drive thru line.
Whether your state regards an obscene gesture is considered to be the same as "language" in this context, I can't say. But, you can't really argue that the gesture was not obscene, profane, unseemly, annoying or vexing, can you?They came over to the car, told my friend who was driving to pull over and get out of line. They told me to get out and give them my I.D., I complied. I was then arrested and charged with Disorderly Conduct and taken to jail where I was held for a full 24 hours.*
This is the exact law I'm being charged with.*Sec. 18-84. - Disorderly conduct.(a)It shall be unlawful for any person to be guilty of disorderly conduct or of any conduct tending toward a breach of the peace. The causing or making of any unnecessary loud noise or shouting or yelling shall be considered disorderly conduct.(b)It shall be unlawful for any person to engage in any violent, tumultuous, offensive or disorderly conduct; by threatening, traducing, quarreling, challenging to fight or fighting; or by using obscene, offensive, profane or unseemly language to the annoyance, disturbance or vexation of another.
A court may not file on it, but it was still a rude and disrespectful thing to do to anyone - much less individuals you likely do not even know.
In my state we cannot arrest for this, but, different states hold different standards. A personal gesture like that may not be considered protected speech as it applies to the law in your state, so a 1st Amendment argument may not hold any water. If you were holding up a sign that had a drawing of a finger with that obscene gesture, and it said on the sign, "Our police are corrupt" you might very well get away with it.
It might also be possible that the police cannot be a victim of disorderly conduct acts. Not sure. Laws differ by state. Your attorney will know as will the prosecutor. If no charges are filed, then you'll know what the prosecutor thinks. However, even without charges, that doesn't mean that you have any kind of a lawsuit against the police unless you can prove that they knew or reasonably should have known that such a gesture was protected speech (assuming that it actually IS).
What are your damages? Without damages, any lawsuit will be difficult. And without statutory damages for whatever violation you might claim, this can be a lengthy and expensive suit to engage in. But, if you have a few grand sitting around, you do have the right to spend it.I've gone to the station to get the police report but it won't be ready for a few more days, I'm waiting on it before I make my next move. I'm strongly considering filing a complaint with the ACLU ( and maybe a lawsuit against the P.D.), they've successfully defended cases very similar to mine. More immediately though I need a lawyer, but I barely have enough money to pay my bills let alone a lawyer or even a fine if convicted. My first court date is in about a month and a half, will I be able to get *a public defender then?
You can call the prosecutor and ask, but he's not likely to care what YOU say. The prosecutor will care what the law has to say. If the law does not support an obscene gesture to the police as being a violation of the statute, then no prosecution will likely occur. If it does, then your attorney can file whatever motions you wish to try and argue that the law is unconstitutional or whatever.*How can I ask to have the charges dropped? Paper work? Go directly to the court and try to talk to the attorney's office? Or do I have to wait and ask the judge to dismiss the case?


