Motorist Who Flipped Off Cop Gets $3,000

[johnnymk]

http://www.wsbtv.com/news/13827762/detail.html?treets=atl&tid=2657805764813&tml=atl_12pm&tmi=atl_12pm_1_11000308062007&ts=H

MOBILE, Ala. -- The Mobile Police Department has been ordered to pay $3,000 to a government engineer who was arrested for cursing and making an obscene hand gesture to an officer.

56-year-old Addison DeBoi of Mobile was arrested shortly after Hurricane Katrina and was acquitted on the disorderly conduct charge last year.

He sought $10,000 in damages from the police department because of time lost from work, the threat of losing his job, and the embarrassment of being put in jail.

Mobile County District Judge Michael McMaken awarded DeBoi the money last week, saying that police officers must have "thicker skin" than the general public.

Officer Bristol Hines arrested DeBoi on September 2, 2005, on a charge of disorderly conduct after the hand gesture was made while the two men were in their vehicles

[Maarchk]

wha? thats kind of strange. Isn't flipping someone off akin to assault? Or not really?
Granted i dont think the guy should be arrested. but then again, i can't think of a crime that flipping the bird is. Hmm... ok so he shouldn't have done it, the cop shouldn't have reacted. but they both did and the cop gets in trouble... booo

But i guess we hold the police to a higher standard. Fair enough i guess. Why can't we all just get along?

[DarkFury]

wha? thats kind of strange. Isn't flipping someone off akin to assault? Or not really?
Granted i dont think the guy should be arrested. but then again, i can't think of a crime that flipping the bird is. Hmm... ok so he shouldn't have done it, the cop shouldn't have reacted. but they both did and the cop gets in trouble... booo

But i guess we hold the police to a higher standard. Fair enough i guess. Why can't we all just get along?
Well, since the cops are here to "serve and protect", there are much worse offenders out there needing be brought to justice versus someone expressing their verbal and non verbal displeasure with their services.

Besides... to claim assault, one must be in direct apprehension of danger from the gesture (of which, flipping the bird is not a threat of danger although the reaction it causes might trigger an assault or worse a battery).

http://www.nolo.com/definition.cfm/term/22542B6F-FEDB-450A-889A82A49EA50CEB



assault

A crime that occurs when one person tries to physically harm another in a way that makes the person under attack feel immediately threatened. Actual physical contact is not necessary; threatening gestures that would alarm any reasonable person can constitute an assault.

Now if he had shook a fist at the officer, or made a more threatening gesture, then the judge might have decided differently.

[Thesifer]

I'm all for it. I don't know if any money should be paid out in the deal, but maybe in this case it should have. I don't think anything minus telling a cop you are going to kill them or something else that is actually threatening should be against the law. Threats yes. But Cussing or Flipping off, no.

Why is cussing against the law in the first place? Oh that's right, Religion.

[uncledaddy]

What the hell were the police wasting their time on this person anyway? They had enough to worry about. And Daaammmmnnnn strait it I was unhappy with police services I'd let them know as well, however I don't think that I would add the hand gesture, but you bet I'd be cussing.

[VTGreg]

Well, since the cops are here to "serve and protect", there are much worse offenders out there needing be brought to justice versus someone expressing their verbal and non verbal displeasure with their services.

Besides... to claim assault, one must be in direct apprehension of danger from the gesture (of which, flipping the bird is not a threat of danger although the reaction it causes might trigger an assault or worse a battery).

http://www.nolo.com/definition.cfm/term/22542B6F-FEDB-450A-889A82A49EA50CEB



Now if he had shook a fist at the officer, or made a more threatening gesture, then the judge might have decided differently.

The article stated that the man was charged with disorderly conduct, which I think flipping off a police officer and cursing at him could fall under that category. Those actions could also incite a response from others.

Police officers do need a thicker skin but if you did the same thing in a court of law you could be arrested and held in contempt of court. What's the difference between doing that to a judge and doing it to a police officer?

Sounds like the police officer overreacted but I'm not sure the guy should have gotten $3K out of the deal.

[DarkFury]

The article stated that the man was charged with disorderly conduct, which I think flipping off a police officer and cursing at him could fall under that category. Those actions could also incite a response from others.

Police officers do need a thicker skin but if you did the same thing in a court of law you could be arrested and held in contempt of court. What's the difference between doing that to a judge and doing it to a police officer?

Sounds like the police officer overreacted but I'm not sure the guy should have gotten $3K out of the deal.
Disorderly conducted based on the guy flipping him the bird and cursing at the officer... not based on other circumstances per the article.

Usually on "disorderly conduct" charges, you have to make yourself much more of a nuisance than that. Pretty much as the judge assessed, the gestures and comment alone didn't warrant the arrest.

Now... in a court of law (which is not the same as a public place) you are expected to hold yourself in the highest of decorum in front of the Judge. The police is NOT a judge... he is an enforcer of the law. Being flipped the bird and cussed at in itself in public doesn't break the law in public. Speaking out of turn excessively and arguing in a court of law with a Judge will also draw you a "contempt of court" charge. Arguing and speaking in public shouldn't (although some police may act on their own discretion to beat you down and then claim you resisted them and whatnot... so do this at your own peril.)

Besides, if flipping the bird incites someone else to action, then I'd reasonably believe that they would have acted regardless of the gesture.

[renovation]

ha i flip off a cop yesterday .
but afterwords i felt bad .i know the cop and didnt relized he had two people guys in the back seat. he was transporting back to the station for booking . glad i personal know the cop or i could of been in a lot of trouble. as it turned out i was with a fellow officer so it was not quit so bad . but i did feel like i was about 2 feet tall .i know the guys in the back seat got a kick out of it do. :stupid: