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  1. #1
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    An off-duty cop in restaurant overhears a man tell his female companion, "I can't believe you're so f---ing stupid..." then promptly arrests him

    GALVESTON — Diners at a seawall eatery were treated to a short salvo of vulgar language when a Jamaica, N.Y., man allegedly berated his female companion with a pair of F-bombs uttered within earshot of a police officer and restaurant manager, authorities said Tuesday.

    A Galveston officer was enjoying an early dinner at 4:15 p.m. Monday at Salsa’s Mexican and Seafood Restaurant, 4604 Seawall Blvd., when he overheard a conversation between a man and a woman, said Lt. D.J. Alvarez, a Galveston Police Department spokesman.

    “The man said to the female, ‘I can’t believe you’re so f------ stupid,’” Alvarez said, who was reading from a police report of the incident made public Tuesday. “‘What the f--- were you thinking?’”

    “The manager was offended by the curse words,” Alvarez said. “And the man was arrested when the manager came forward to complain about the breach of peace.”

    The man was charged with a misdemeanor count of disorderly conduct, Alvarez said. It is unclear whether the man was a tourist or a contractor working in Galveston.

    Charles W. “Rocky” Rhodes, a professor of law at South Texas College of Law, when contacted about a previous F-bomb arrest in a La Marque Wal-Mart last year, said that in Cohen v. California, the U.S. Supreme Court held that a man protesting the Vietnam War could not be arrested for wearing a jacket in a courthouse that bore the phrase “F--- the Draft.”

    The reasoning was that offended people could turn away, Rhodes said.

    There have been other cases that have set precedent that isolated or fleeting use of public profanity can’t be criminalized without violating the First Amendment, Rhodes said.

    The state, however, isn’t prevented from criminalizing a public verbal assault of repeated, loud profanities that disrupt the rights of others, Rhodes said.

  2. #2
    Five-0's Avatar
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    What a dip$hit. The big man that is, not the cop.

    Meanwhile, fishing in Russia:

    http://www.youtube.com/watch?v=SkzV5AIK8iM
    "When plunder becomes a way of life for a group of men living together in society, they create for themselves in the course of time a legal system that authorizes it and a moral code that justifies it." -- Frederic Bastiat

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  3. #3
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    Wow, people can be arrested for cursing in Texas? I'd be locked up in f**king jail for g*d d*mn sure!

    Yeah that guy sounds like a douche, but here he would not have broken the state law for just cursing at the woman.
    CHIRP! CHIRP!

  4. #4
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    Quote Originally Posted by IndianaFuzz View Post
    Wow, people can be arrested for cursing in Texas? I'd be locked up in f**king jail for g*d d*mn sure!

    Yeah that guy sounds like a douche, but here he would not have broken the state law for just cursing at the woman.
    Same in Oregon. The manager could have asked them to leave and trespass would apply if they didn't. But that doesn't come close to disorderly conduct here.
    When I used to be somebody (I'm center top)

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  5. #5
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    Here it's curse and abuse and it would have been a summonsable offense, not a physical arrest.

    Had I been off duty and the manager knew me and complained to me I would have advised he kick the guy out of the restaurant. Failing to leave would be trespassing and then arrestable. I would have called on duty guys to take care of it too.
    Pleasing nobody, one person at a time.

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  6. #6
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    Quote Originally Posted by Xiphos View Post
    I would have called on duty guys to take care of it too.
    Me too. Something like that is annoying, but hardly the crime of the century as long as it's not getting physical. I wouldn't interrupt my meal for it. Even if the manager were a friend of mine, I'd tell him to call 911.

    Not to mention, I doubt this is the first time he's called her that and she's probably okay with it.......
    When I used to be somebody (I'm center top)

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  7. #7
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    I have a serious problem with arresting OR a criminal citation for swearing.

    The owner of the restaurant can ask the fucker to leave - it certainly isn't a police matter.

    The term "verbal assault" is offensive to the law.
    I'm your huckleberry...

    Quemadmoeum gladis nemeinum occidit, occidentus telum est!

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  8. #8
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    Disorderly Conduct is a catch all here:

    Section 13A-11-7

    Disorderly conduct.

    (a) A person commits the crime of disorderly conduct if, with intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof, he:
    (1) Engages in fighting or in violent tumultuous or threatening behavior; or
    (2) Makes unreasonable noise; or
    (3) In a public place uses abusive or obscene language or makes an obscene gesture; or
    (4) Without lawful authority, disturbs any lawful assembly or meeting of persons; or
    I have come close to using this in City Council meetings.
    (5) Obstructs vehicular or pedestrian traffic, or a transportation facility; or
    (6) Congregates with other person in a public place and refuses to comply with a lawful order of the police to disperse.
    (b) Disorderly conduct is a Class C misdemeanor.

    The fact that this is a "catch all" P.O.P (Pissing off the Police) charge I use it as a last resort on duty. Even when I do the offender is going to get sewn up tight with a good report. I've only come close to doing what this officer did one time. That was to keep the guy that was cussing his wife out in front of everyone from getting his ass kicked by some rather large Southern gentlemen that were very serious when they stated that the guy needed a good ol country boy ass whoopin. I took the guy outside and told him to hit the road. (We were in a Sports Bar playing in a poker tournament. He went out before his wife. Yes, I was stone cold sober.) He asked if I was going to arrest him if he didn't leave. I told him I was going to go to the John and let the other "gentlemen" talk with him if he didn't. That one worked itself out with a handshake and a thank you.

    Meanwhile, fishing in Russia:

    http://www.youtube.com/watch?v=SkzV5AIK8iM
    "When plunder becomes a way of life for a group of men living together in society, they create for themselves in the course of time a legal system that authorizes it and a moral code that justifies it." -- Frederic Bastiat

    "Certainly there is no hunting like the hunting of man and those who have hunted armed men long enough and liked it, never really care for anything else thereafter." Ernest Hemingway

    The opinions given in my signatures & threads DO NOT reflect the opinions, views, policies, and/or procedures of my employing agency. They are my personal opinions only, thereby releasing my agency of any liability, or involvement in anything posted under the username "Five-0" on Officerresource.com

  9. #9
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    That's pretty close to Texas' Disorderly Conduct statue - (a)(1) is about all you'd need in this case, I would think, since a "breach of the peace" is defined rather loosely:

    Sec. 42.01. Disorderly Conduct.

    (a) A person commits an offense if he intentionally or knowingly:
    (1) uses abusive, indecent, profane, or vulgar language in a public place, and the language by its very utterance tends to incite an immediate breach of the peace;
    (2) makes an offensive gesture or display in a public place, and the gesture or display tends to incite an immediate breach of the peace;
    (3) creates, by chemical means, a noxious and unreasonable odor in a public place;
    (4) abuses or threatens a person in a public place in an obviously offensive manner;
    (5) makes unreasonable noise in a public place other than a sport shooting range, as defined by Section 250.001, Local Government Code, or in or near a private residence that he has no right to occupy;
    (6) fights with another in a public place;
    (7) discharges a firearm in a public place other than a public road or a sport shooting range, as defined by Section 250.001, Local Government Code;
    (8) displays a firearm or other deadly weapon in a public place in a manner calculated to alarm;
    (9) discharges a firearm on or across a public road;
    (10) exposes his anus or genitals in a public place and is reckless about whether another may be present who will be offended or alarmed by his act; or
    (11) for a lewd or unlawful purpose:
    (A) enters on the property of another and looks into a dwelling on the property through any window or other opening in the dwelling;
    (B) while on the premises of a hotel or comparable establishment, looks into a guest room not the person's own through a window or other opening in the room; or
    (C) while on the premises of a public place, looks into an area such as a restroom or shower stall or changing or dressing room that is designed to provide privacy to a person using the area.
    (b) It is a defense to prosecution under Subsection (a)(4) that the actor had significant provocation for his abusive or threatening conduct.
    (c) For purposes of this section:
    (1) an act is deemed to occur in a public place or near a private residence if it produces its offensive or proscribed consequences in the public place or near a private residence; and
    (2) a noise is presumed to be unreasonable if the noise exceeds a decibel level of 85 after the person making the noise receives notice from a magistrate or peace officer that the noise is a public nuisance.
    (d) An offense under this section is a Class C misdemeanor unless committed under Subsection (a)(7) or (a)(8), in which event it is a Class B misdemeanor.

    (e) It is a defense to prosecution for an offense under Subsection (a)(7) or (9) that the person who discharged the firearm had a reasonable fear of bodily injury to the person or to another by a dangerous wild animal as defined by Section 822.101, Health and Safety Code.

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  10. #10
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    Heck I say worse than that to my wife and no one ever arrested me!


    I'm kidding of course cause she'd kick me in the ....
    Grumpy bastard sick of it all!
    Guns Don't Kill People, Radical Pro-Lifers Kill People

  11. #11
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    Yeah, I know you guys in the south have the laws to cover it.

    I won't do it because I think it's wrong.

    If I need to arrest someone, I can get them to do something other than exercise their first amendment right to be an asshole out loud.
    I'm your huckleberry...

    Quemadmoeum gladis nemeinum occidit, occidentus telum est!

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  12. #12
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    I don't think it's wrong to arrest someone on a DC for creating a disturbance - Especially a disturbance where vulgar language is flying around.

    Other people in the restaurant don't want to hear that shit - They're the victims, and they have to right to sit there enjoying their food in peace. They should not have to leave in order not to hear it.

    If the guy wants to go home and say things like that in private, then he can do that - until it gets out of hand and the fists start flying.

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  13. #13
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    I sure as hell wouldn't want my kids hearing that. Here, me or an on duty but he would have gone to jail. No summons. After I introduced him to a fella I know as "Slop", in our cell we call the hole, I would have then asked him.....
    ‘I can’t believe you’re so f------ stupid,’ ‘What the f--- were you thinking?’”
    See ya in the morning.

    I despise domestic abuse. Go to jail.
    Do not war for peace. If you must war, war for justice. For without justice there is no peace. -me

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  14. #14
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    Quote Originally Posted by TXCharlie View Post
    I don't think it's wrong to arrest someone on a DC for creating a disturbance - Especially a disturbance where vulgar language is flying around.

    Other people in the restaurant don't want to hear that shit - They're the victims, and they have to right to sit there enjoying their food in peace. They should not have to leave in order not to hear it.

    If the guy wants to go home and say things like that in private, then he can do that - until it gets out of hand and the fists start flying.
    That's why the manager should be responsible for his patrons and have the guy leave. The ONLY way I would have gotten involved would be if he hit her. Then I'd just hold him until duty cops arrived.

    When I was working the last call you wanted to hear was "Assist an off duty officer at ......." Invariably it was a can of worms where some young cop thought he was Harry Callaghan or something..... One in 200 times it turned out the off duty cop actually did something you could be proud of.

    It's not illegal per se to do that in public here and you don't see it happening all the time, the establishments takes care of it. To me it's a waste of tax money.

    Besides, the article said it was in conversation, it didn't say he yelled it. I suspect most kids have heard the fuck word by about 8 years anyway. If I were there, I'd have probably just told the guy to watch his language at most.
    When I used to be somebody (I'm center top)

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  15. #15
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    Quote Originally Posted by TXCharlie View Post
    I don't think it's wrong to arrest someone on a DC for creating a disturbance - Especially a disturbance where vulgar language is flying around.

    Other people in the restaurant don't want to hear that shit - They're the victims, and they have to right to sit there enjoying their food in peace. They should not have to leave in order not to hear it.

    If the guy wants to go home and say things like that in private, then he can do that - until it gets out of hand and the fists start flying.
    Price of freedom right there, Charlie.

    You and I will just agree to disagree.
    I'm your huckleberry...

    Quemadmoeum gladis nemeinum occidit, occidentus telum est!

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    I was looking for a saint who was a devil of a lover,
    but every girl I found was either one way or the other...



  16. #16
    MacLean's Avatar
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    Quote Originally Posted by lewisipso View Post
    I despise domestic abuse.
    I'm not a fan of abuse either lew, but people do get to yelling at eachother, and sometimes say mean things.

    I don't know that such qualifies as abuse.
    I'm your huckleberry...

    Quemadmoeum gladis nemeinum occidit, occidentus telum est!

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    I was looking for a saint who was a devil of a lover,
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  17. #17
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    Quote Originally Posted by maclean View Post
    I'm not a fan of abuse either lew, but people do get to yelling at eachother, and sometimes say mean things.

    I don't know that such qualifies as abuse.
    Shoot, my ex-wife would still be in prison if nasty language qualified! And I'm only partly kidding.

    I'd gotten tired of trying to enforce laws who's only purpose was to regulate personal morality. I'd rather spend my time working on real crimes.

    Again, this guy didn't threaten the woman, he just said she was stupid.
    When I used to be somebody (I'm center top)

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  18. #18
    Five-0's Avatar
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    Quote Originally Posted by maclean View Post
    I'm not a fan of abuse either lew, but people do get to yelling at eachother, and sometimes say mean things.

    I don't know that such qualifies as abuse.
    Someone hasn't set through the three or so hours of the Department of Homeland Security's Domestic Violence presentation. Don't worry it is shit and not worth your time. Our female instructor left pissed that day.

    Meanwhile, fishing in Russia:

    http://www.youtube.com/watch?v=SkzV5AIK8iM
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    "Certainly there is no hunting like the hunting of man and those who have hunted armed men long enough and liked it, never really care for anything else thereafter." Ernest Hemingway

    The opinions given in my signatures & threads DO NOT reflect the opinions, views, policies, and/or procedures of my employing agency. They are my personal opinions only, thereby releasing my agency of any liability, or involvement in anything posted under the username "Five-0" on Officerresource.com

  19. #19
    MacLean's Avatar
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    Quote Originally Posted by Five-0 View Post
    Someone hasn't set through the three or so hours of the Department of Homeland Security's Domestic Violence presentation. Don't worry it is shit and not worth your time. Our female instructor left pissed that day.
    A female partner and I were tossed out of a DV class because we dared suggest a female could be the aggressor.

    I'm right there with you.
    I'm your huckleberry...

    Quemadmoeum gladis nemeinum occidit, occidentus telum est!

    You can be the weapon, and the gun in your hand is a tool - or the gun is a weapon and you are the tool.


    I was looking for a saint who was a devil of a lover,
    but every girl I found was either one way or the other...



  20. #20
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    Quote Originally Posted by Five-0 View Post
    Someone hasn't set through the three or so hours of the Department of Homeland Security's Domestic Violence presentation. Don't worry it is shit and not worth your time. Our female instructor left pissed that day.
    WTF is the DHS doing giving DV presentations? Our wimmen gonna get attacked by a band of Arab wife beaters????

    More of our federal tax dollars going down the tube..... I was afraid when they formed DHS they would look for excuses to spend money and that looks like one.... They seriously believe locals aren't taught to investigate that? When was the last time a federal agent was called in on a family beef? Geez......
    When I used to be somebody (I'm center top)

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