i was arrested and released in 24 hours in pomona for talking back to a police officer, with no other reseasonable cause for arresting me, can they do that is that in the penal code?
2007-08-07 08:01:11 · 18 answers · asked by Anthony W 1 in Politics & Government ➔ Law Enforcement & Police
Look at your copy of your release papers.
I am reasonably certain the charges are not "talking back."
2007-08-07 08:49:55 · answer #1 · answered by CGIV76 7 · 2⤊ 0⤋
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2016-06-02 16:18:51 · answer #2 · answered by ? 3 · 0⤊ 0⤋
You can't legally be punished for talking back to a cop (after all, he's a civil servant, not your father). However, you can be arrested for Failing to Obey a Lawful Order By a Police Officer (the wording may be slightly different in your state), which is exactly what you're doing if a cop gives you an order and instead you just stand there arguing with him.
By the way, MPLTMILLER, there is no such charge as "Provoking Statements or Gestures" in the civilian world - that's UCMJ (military law). Insults and derogatory statements are considered protected free speech here. Only making direct physical threats against somebody, deliberately inciting a riot or making false reports that incite panic (i.e. yelling "fire" in a crowded theater or yelling "bomb" in an airport) are prosecutable speech offenses that are exempt from the 1st Amendment.
2007-08-07 08:54:13 · answer #3 · answered by Anonymous · 0⤊ 1⤋
Sounds as though you made something worse out of something simple. You mouth off to the police you get them agitated. as stated you were probably arrested for obstruction, or resisting. Police in this country have one of the highest stressful jobs. When I'm pulled over, I do what I'm asked, I'm polite and cooperate. Trust me, I've been let go on many different times, why? Because I did what I was told, and didn't loose my temper.
2007-08-07 08:13:40 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Yes, They have many statutes that this could fall under depending on the exact circumstances.
Disorderly Conduct
Provoking Statements or Gestures
Disregarding a Police Officer
I'm Sure I could think of more if I had 24 hours to charge you.
Because they didn't charge you they didn't think you did anything wrong that they could prove.
They have 24 hours to charge you, if they don't they have to release you. They were working within the law.
2007-08-07 08:09:21 · answer #5 · answered by MP US Army 7 · 0⤊ 0⤋
Mouthing off to a cop is totally useless...some of the other answers in here cite what they can use [obstruction, refusing to produce ID when asked, etc.] and 24 hrs should have taught you a little something about those realities. The phrase "attitude arrest" or being cited for "contempt of cop" is shorthand for dealing with folks like that. My brother was allowed to walk peacefully away after being stopped by a cop for drunk & disorderly in public [fighting outside a bar]...why? Because he was polite, apologized for getting out of line, and called a cab for a sober ride home. Being polite is a ton cheaper than a fine any road.
2007-08-07 16:15:40 · answer #6 · answered by constantreader 6 · 0⤊ 1⤋
The reasons can be "resisting arrest", "obstruction of justice" and many others that can be used by the police in those situations.
Yeah, they can do it. Doesn't mean it's fair. But talking back to the cops is not always the wisest thing to do.
2007-08-07 08:21:51 · answer #7 · answered by Anonymous · 2⤊ 0⤋
Next time remember your right to remain silent! When he asks you for ID give it, when he asks if it correct say yes, then every other question after that just say NOTHING AT ALL, don't answer him, just look at em like he is mentally challenged. That pisses em off fairly well.
And remember freedom of speech allows you to give an officer the middle finger and it has been up held by the supreme court, no matter what these idiots tell you.
2007-08-07 10:23:00 · answer #8 · answered by BOB 4 · 1⤊ 0⤋
Correct, your rights of free speech do not exist when dealing with johnny law. When their fragile little ego's get all busted up they feel the need to get revenge. So what they do is put you in jail and then let you out w/out ever pressing charges. It's kind of illegal but since they are in cahoots with both the judicial and legislative branches they will find something to arrest you for. I can't seem to figure out how telling a cop to F-off is obstructing justice or how that is not free speech. But next time make him feel like a real man and say yes sir no sir to him.
2007-08-07 09:01:45 · answer #9 · answered by Jon H 3 · 1⤊ 2⤋
First and foremost...I'd suggest you mature a bit. Why would you not "discuss" a problem when talking with ANYbody let alone law enforcement is beyond me.
Secondly...I would think that if you were quiet enough while the officer making the arrest told you what you were being arrested for...you'd not be asking if it's a violation on Yahoo.
2007-08-07 08:42:38 · answer #10 · answered by KC V ™ 7 · 3⤊ 2⤋
It depends on what you said, if you said something disrespectful or verbally abusive then yes. If you where you TOLD to do something and didn't then certainly. If you where ASKED to do something and didn't then maybe. Police play by the same rules it doesn't make any difference if its the police in Russia, Communist China or the United States.
2007-08-07 08:16:40 · answer #11 · answered by Danny W 2 · 1⤊ 0⤋