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Peace Disturbance

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  • Peace Disturbance

    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.

  • #2
    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.

    Comment


    • #3
      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.

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

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      • #4
        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

        ------------------
        Good luck and be safe

        Jack
        Optimistic pessimist: Hope for the best, but expect the worst.

        Jack

        JKT@copmail.com

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        • #5
          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.
          Meaningless Rhetoric - anything coming out of a career politicans mouth.

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          • #6
            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.
            John from Maryland

            Comment


            • #7
              Thank you all for your insight. I see that Missouri for once is inline with the rest of the nation.

              Once again Thanks

              Comment


              • #8
                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!

                Comment


                • #9
                  "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.

                  ------------------
                  Niteshift-
                  Perseverate In Pugna

                  Comment


                  • #10
                    Might be a little tough to find one in "the hood."

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

                    Comment


                    • #11
                      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.

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                      • #12
                        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.
                        It is good to hate the French. -Al Bundy

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                        • #13
                          Dukeboy? Where ya been? We were about to put out a missing persons on ya.

                          ------------------
                          Niteshift-
                          Perseverate In Pugna

                          Comment


                          • #14
                            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.

                            ------------------
                            No cops, know anarchy.
                            No cops, know anarchy.

                            "He aint finna come all up in my house and act a fool and be gettin away with it cause I will go smooth off." -Movista

                            Comment


                            • #15
                              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...
                              It is good to hate the French. -Al Bundy

                              Comment

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