Is swearing at an toilet disorderly conduct???

[dukalmighty]

When i was in law enforcement in kansas we had an enforceable ordinance called disturbing the peace by use of profanity,but police officers couldn't cite ppl it had to be a citizens complaint due to the fact they expected police officers to be a little thicker skinned than joe blow.At least that's the way our DA looked at it

[Penn]

Yep - a cops peace can't be disturbed. I guess because there never really is any to disturb.

[txinvestigator]

Yep - a cops peace can't be disturbed. I guess because there never really is any to disturb.

I have heard that forever, even here in Texas. What strikes me is that there is no 'disturbing the peace" offense in Texas. There is disorderly conduct, and a cop certainly can be the complainant.

[srothstein]

Thanks TXI. I have heard for years that cops cannot be the complainant on disorderly conducted because we are not supposed to be able to be offended (most of the clauses require that). Even after I show Court of Criminal Appeals cases that say we can, I still get old otherwise.

I am glad to find someone who agrees with me that a peace officer can be the complainant in Texas for disorderly conduct.

[KBCraig]

TXI, Steve, you'll probably both enjoy this one:

http://thelawdogfiles.blogspot.com/2007 ... yself.html

[Penn]

Yep - a cops peace can't be disturbed. I guess because there never really is any to disturb.

I have heard that forever, even here in Texas. What strikes me is that there is no 'disturbing the peace" offense in Texas. There is disorderly conduct, and a cop certainly can be the complainant.

I've never enforced the law in TX, and I was responding to the post referenciing Kansas practices. I know for a fact that it is the law in California that a police officer can't have his "peace disturbed". So it's not strictly an urban legend.

[txinvestigator]

Yep - a cops peace can't be disturbed. I guess because there never really is any to disturb.

I have heard that forever, even here in Texas. What strikes me is that there is no 'disturbing the peace" offense in Texas. There is disorderly conduct, and a cop certainly can be the complainant.

I've never enforced the law in TX, and I was responding to the post referenciing Kansas practices. I know for a fact that it is the law in California that a police officer can't have his "peace disturbed". So it's not strictly an urban legend.

That is interesting. I like to keep up with things, so could you show me that law for California. I appreciate it.

[Penn]

Well - I did a quick search and couldn't find the actual statute, but I did find a couple CA PD web sites that have FAQ sections. Disturbing the peace is one of the FAQ's. Here are the links:

http://www.ci.manteca.ca.us/police/FAQ/ ... _peace.htm

http://ci.irvine.ca.us/ipd/info_center/police_faq6.asp


I'll try to find the actual statute later.

[stevie_d_64]

TXI, Steve, you'll probably both enjoy this one:

http://thelawdogfiles.blogspot.com/2007 ... yself.html

That one brought a tear of joy to my eye...

I may be an instigator of hate and discontent, but at least I know that if I do, I need to be prepared mentally and physically for the consequences...

That is a lesson this young guy found out real quick...

"Lawdog" really knows how to make my day...Thanks for the story Mr. K!!!

[txinvestigator]

Well - I did a quick search and couldn't find the actual statute, but I did find a couple CA PD web sites that have FAQ sections. Disturbing the peace is one of the FAQ's. Here are the links:

http://www.ci.manteca.ca.us/police/FAQ/ ... _peace.htm

http://ci.irvine.ca.us/ipd/info_center/police_faq6.asp


I'll try to find the actual statute later.

Thank you.

[DFWCHLer]

TXI, Steve, you'll probably both enjoy this one:

http://thelawdogfiles.blogspot.com/2007 ... yself.html

LOL... that's a new one on me. I know a few people that will appreciate that tip.

Other interesting tickets I've seen:
Dude hanging out the window - improper cargo loading
Vehicle with modified Lamborghini-style flip-up doors driving with doors open - Obscured driver-side mirror

[txinvestigator]

TXI, Steve, you'll probably both enjoy this one:

http://thelawdogfiles.blogspot.com/2007 ... yself.html

LOL... that's a new one on me. I know a few people that will appreciate that tip.

Other interesting tickets I've seen:
Dude hanging out the window - improper cargo loading
Vehicle with modified Lamborghini-style flip-up doors driving with doors open - Obscured driver-side mirror

I imagine that those are urban myths. The Transportation Code has no law that would fit hanging out of the window with anything about cargo, and there is no requirement to even HAVE a drivers side mirror on a passenger vehicle. The only requirement is that it have a mirror located to reflect to the operator a view of the highway for a distance of at least 200 feet from the rear of the vehicle.

[Penn]

Well - I did a quick search and couldn't find the actual statute, but I did find a couple CA PD web sites that have FAQ sections. Disturbing the peace is one of the FAQ's. Here are the links:

http://www.ci.manteca.ca.us/police/FAQ/ ... _peace.htm

http://ci.irvine.ca.us/ipd/info_center/police_faq6.asp


I'll try to find the actual statute later.

Thank you.

Okay - I finally found something. Not for CA specifically though

http://caselaw.lp.findlaw.com/scripts/g ... 988okcr231

Here's a quote from the article.

"However, the United States Supreme Court specifically stated that police do not have "unfettered discretion to arrest individuals for words or conduct that annoy or offend them." See City of Houston, ___ U.S. at ___, 107 S.Ct. at 2511. "

I think this applies to disturbing the peace type calls nationwide and is probably what law is being cited in the web pages I posted earlier. Case law as opposed to statutorial law.

[txinvestigator]

Well - I did a quick search and couldn't find the actual statute, but I did find a couple CA PD web sites that have FAQ sections. Disturbing the peace is one of the FAQ's. Here are the links:

http://www.ci.manteca.ca.us/police/FAQ/ ... _peace.htm

http://ci.irvine.ca.us/ipd/info_center/police_faq6.asp


I'll try to find the actual statute later.

Thank you.

Okay - I finally found something. Not for CA specifically though

http://caselaw.lp.findlaw.com/scripts/g ... 988okcr231

Here's a quote from the article.

"However, the United States Supreme Court specifically stated that police do not have "unfettered discretion to arrest individuals for words or conduct that annoy or offend them." See City of Houston, ___ U.S. at ___, 107 S.Ct. at 2511. "

I think this applies to disturbing the peace type calls nationwide and is probably what law is being cited in the web pages I posted earlier. Case law as opposed to statutorial law.

Your last post satisfied my curiousity for CA. Thanks.

As far as Texas, our Disorderly Conduct laws don't allow for an offense if a person is annoyed or offended.

[srothstein]

TXI, Steve, you'll probably both enjoy this one:

http://thelawdogfiles.blogspot.com/2007 ... yself.html

LOL... that's a new one on me. I know a few people that will appreciate that tip.

Other interesting tickets I've seen:
Dude hanging out the window - improper cargo loading
Vehicle with modified Lamborghini-style flip-up doors driving with doors open - Obscured driver-side mirror

I imagine that those are urban myths. The Transportation Code has no law that would fit hanging out of the window with anything about cargo, and there is no requirement to even HAVE a drivers side mirror on a passenger vehicle. The only requirement is that it have a mirror located to reflect to the operator a view of the highway for a distance of at least 200 feet from the rear of the vehicle.

Well, TXI, I have to split the opinion on this one with you. I agree about the mirror (only one required somewhere, not driver's side or anything like that) but I disagree with the cargo interpretation.

I have actually written this one once (way back when it was the traffic code and specified 4 inches as the limit), but it is illegal to carry something extending beyond the sides of a vehicle without red flags. Check Transportation Code 547.382(b) which says:

At all other times, a vehicle transporting a load that extends beyond the vehicle's sides or more than four feet beyond the vehicle's rear shall display red flags that:
(1) are at least 12 inches square;
(2) mark the extremities of the load; and
(3) are placed where a lamp is required by this section.