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Pat
11-09-2000, 07:13 PM
A debate rages in my department over weather or not a officers peace can be disturbed. Several administrators say that officers can not be the victims or listed complaints when a summons or complaint is issued for peace disturbance. We have been told that there is case law to back up this claim, but we have not been able to find it. So, the question is can our peace be disturbed and where is the proof to back up either side.

Topdog
11-09-2000, 07:26 PM
I can't speak for Missouri, but in Florida, an officer's peace can't be disturbed, according to our local judges! But a citizen's peace CAN be disturbed.

Cops give up a lot of their constitutional rights when the wear the badge.

Don
11-09-2000, 09:15 PM
California is the same. An "on duty" officer's peace cannot be disturbed. I don't have case law on it, just word from two different district attorneys.

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"Don't pee on my leg and tell me it's raining". . . Judge Judy
6P1 (retired)

JKT
11-09-2000, 09:19 PM
In Texas, an officer generally cannot be offended by gestures, etc. However, it is usually not too difficult to observe a citizen that was offended, and write the report accordingly http://www.officer.com/ubb/wink.gif

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Good luck and be safe

Jack

The Cynic
11-09-2000, 10:34 PM
At my department it depends on if you ask the city prosecutor (yes) or the county prosecutor (no). I learned some time ago that the code book only says what the prosecutor says it says and then it depends on which one you ask.

John from Maryland
11-11-2000, 01:45 AM
Generally speaking, not in Maryland. You do not have to have a specific complainant for a discon charge. The officer can articulate how citizens were disturbed by the disorderly's actions.

Pat
11-11-2000, 05:17 AM
Thank you all for your insight. I see that Missouri for once is inline with the rest of the nation.

Once again Thanks

Motivator
11-11-2000, 08:48 PM
In my department we just had a meeting about that. A Police officers peace can Not be disturbed. But ther is a way around it. If this clown is really ******ing you off and you wanna do something about it, there is always a dudley do-right who would be more than happy to to give a voluntary statement saying that the cussing disturbed his peace!

Niteshift
11-12-2000, 09:14 AM
"However, it is usually not too difficult to observe a citizen that was offended, and write the report accordingly."

We used to be able to get away with that. You know the lines: "I saw several lights come on in nearby apartments" or "several pedestrians stopped to observe the disturbance, interrupting their normal activites".

Now, they want statements etc. Gotta look for that do-gooder.

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Niteshift-
Perseverate In Pugna

Don
11-12-2000, 12:43 PM
Might be a little tough to find one in "the hood."

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"Don't pee on my leg and tell me it's raining". . . Judge Judy
6P1 (retired)

Traffic Dog
11-12-2000, 08:56 PM
In Wisconsin we dont have a statute titled Disturbing the Peace. What we have is Disorderly Conduct which should be the same. Our statute does say that you dont need a victim. So, by state law the officer can be the complainant. But, in my city were not allowed to be the complainant. Other cities in my county do use officers as the complainant.

Dukeboy01
11-14-2000, 11:15 AM
In KY, police can't be the complainant in a Disorderly Conduct arrest. However, 80% of such jack@$$es have usually partaken of alcoholic libations, so we scoop 'em up for Alcohol Intoxication. In order to be arrested for AI, you basically have to look drunk, smell drunk, act drunk, and be outside. And, yes, you can sucker some drunk out on his porch and hook 'em up for AI. Wouldn't do it in a gated community or condominium, but trailer parks and the 'hood... hey, I'm just "the man" doing my sworn duty to further disenfranchise our underclass, enabling the machinery of capitalism to be oiled with the blood of the workers.

Niteshift
11-14-2000, 04:51 PM
Dukeboy? Where ya been? We were about to put out a missing persons on ya.

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Niteshift-
Perseverate In Pugna

Glockarmorer
11-14-2000, 10:33 PM
South Carolina has Public Disorderly Conduct and Breach of Peace statutes.

Under the PDC statute, the "state" is the vicim. The hitch is, the suspect has to be in a public place. Can't hook em up for PDC in their own living room.

It is, however a pretty good catch-all P.O.P. law!!

SECTION 16-17-530. Public disorderly conduct.

Any person who shall (a) be found on any highway or at any public place or public gathering in a grossly intoxicated condition or otherwise conducting himself in a disorderly or boisterous manner, (b) use obscene or profane language on any highway or at any public place or gathering or in hearing distance of any schoolhouse or church or (c) while under the influence or feigning to be under the influence of intoxicating liquor, without just cause or excuse, discharge any gun, pistol or other firearm while upon or within fifty yards of any public road or highway, except upon his own premises, shall be deemed guilty of a misdemeanor and upon conviction shall be fined not more than one hundred dollars or be imprisoned for not more than thirty days.

Under "Breach of Peace" you have to have a victim, and no, it can't be a LEO.

G.A.

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No cops, know anarchy.

Dukeboy01
11-16-2000, 02:10 PM
Took a self imposed break from the internet to prove to my significant other that I DON'T
have a problem and can quit whenever I want, SO STOP JUDGING ME AND LEAVE ME ALONE! YOU DON'T SEE ME GETTING ON YOUR CASE WHEN YOU'RE WATCHING YOUR %$#@ SOAP OPERAS, DO YOU?

Sorry...

Venim
11-29-2000, 09:42 PM
Take a look at your City/Counties local Ordinances, they usually have a section that relates to that in a vague way. In Ca, the Officer can not be the comp. on a Dist. the Peace, as was stated previously, but the City Ordinance says no person shall use Seditious language in public, so that is what we tend to use as a catch all, when the person really needs some service. http://www.officer.com/ubb/wink.gif

David Mudd
11-29-2000, 10:59 PM
Originally posted by Dukeboy01:
In KY, police can't be the complainant in a Disorderly Conduct arrest.
Duke..what part of KY are you working in?? I've made many DC arrests where I was the complainant and they have always flown. I will agree, it's always best to get an independent witness...but not absolutely necessary...at least not in Lexington and Northern Kentucky.
This is typical of Kentucky though. In different areas, judges dictate how laws will be enforced. For instance, in Calloway County (western KY), the judges there required a DUI suspect be mirandized before they were asked to do any FST. In Kenton County (northern KY), judges required that the 20 minute observation period prior to an Intoxilyzer test be done entirely at the jail. It's like 120 fiefdoms!! http://www.officer.com/ubb/biggrin.gif

awf
11-30-2000, 01:37 AM
In Oklahoma an officers peace can not be disturbed but we generally can get them on Public Intoxication or Resisting Officers. They will generally open themselves up to other charges as they are such boneheads.