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  1. #1
    Join Date
    Aug 2007
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    ohio
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    Default Disorderly Conduct Laws

    DISORDERLY CONDUCT??? Why is this charge so easy to show probable cause. It is very expensive to defend oneself. It seems to be a catch all crime for police to have probable cause. Hearsay is even a reason for probable cause. EVEN THOUGH HEARSAY IS IN ADMISSABLE IN COURT. Why is this law so vague???? It seems to be a catch all for the police to be able to arrest for bigger violations. But if no other is found hard to prove in court. COMMENTS.

  2. #2
    Join Date
    Feb 2007
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    2,031

    Default Re: Disorderly Conduct

    why are you starting a new thread? Put this question with your other one.

  3. #3
    Join Date
    Aug 2007
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    ohio
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    Default Re: Disorderly Conduct

    Not Admissable In Court. My Fingers Don't Keep Up With My Emmotions.

  4. #4
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    Aug 2007
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    ohio
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    Default Re: Disorderly Conduct

    Because not many want to read a five page biography. It is a good question. I spent the night in jail for asking WHY??????

  5. #5
    Join Date
    Mar 2005
    Location
    Michigan
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    28,906

    Default Re: Disorderly Conduct

    Many disorderly conduct laws have been overturned over the years for being vague or excessively broad. Most jurisdictions now use language that has been approved through prior court decisions.

  6. #6
    Join Date
    Aug 2007
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    Default Re: Disorderly Conduct Laws

    Quote Quoting carrollcountytrees
    View Post
    DISORDERLY CONDUCT??? Why is this charge so easy to show probable cause. It is very expensive to defend oneself. It seems to be a catch all crime for police to have probable cause. Hearsay is even a reason for probable cause. EVEN THOUGH HEARSAY IS IN ADMISSABLE IN COURT. Why is this law so vague???? It seems to be a catch all for the police to be able to arrest for bigger violations. But if no other is found hard to prove in court. COMMENTS.

    I belive you said you were charged in Ohio. Hearsay is admissable in court under certain criteria and case law, see Article 8, 801-804:

    http://www.sconet.state.oh.us/Rules/evidence/#aviii

    A bystander informing the police a crime has been committed is not hearsay though. Once the investigation has turned up PC to establish the report was righteous, then they go from there.

    Oh to add to this, even warrants to establish probable cause can be based on hearsay.

  7. #7
    Join Date
    Sep 2005
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    California
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    20,594

    Default Re: Disorderly Conduct Laws

    Quote Quoting carrollcountytrees
    View Post
    DISORDERLY CONDUCT??? Why is this charge so easy to show probable cause. It is very expensive to defend oneself. It seems to be a catch all crime for police to have probable cause. Hearsay is even a reason for probable cause. EVEN THOUGH HEARSAY IS IN ADMISSABLE IN COURT. Why is this law so vague???? It seems to be a catch all for the police to be able to arrest for bigger violations. But if no other is found hard to prove in court. COMMENTS.
    What do you mean by "hearsay"? I suspect that you don't quite understand what hearsay is.

    It is NOT hearsay for an officer or other witness to testify as to what the defendant said or did. It IS (or might be - depending on the circumstances and state law) hearsay for an officer or witness to testify as to what someone ELSE told them that the defendant did.

    The elements of what might be "disorderly conduct" vary by state. My state does not have such a statute though there are times I wish we did. Fortunately, most people that tend to act so crude and obnoxious that we get called tend to be inebriated to a point where THAT can be a crime.

    - Carl

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