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AJC.com > Metro > View from the cop > Archives > 2006 > January > 17 > Entry
How to get arrested
The Atlanta Journal-Constitution
An officer at Roswell and Morgan Falls roads made a traffic stop on a car that passed a school bus, which was flashing its red lights and unloading passengers.
The driver produced an expired insurance card and said his license was lost. The officer asked the man to spell the name of the street on which he lives. The driver began to do everything in his power to get arrested.
He asked the officer how to spell the word “drive.” (For the record, this is not a good response.) The officer returned to the patrol car and then presented the driver with his traffic citations.
The officer explained the citations and while doing so the man told her, “I’m not #^#-ing deaf!”
The motorist added “#@$-you! %#$#-you! And $#$#%-you!
The conversation went downhill from there.
The 24-year-old Roswell resident was charged with disorderly conduct, in addition to the traffic charges, and taken to the Fulton County Jail.
Camouflage the hard way
Officers were called to a Gables Lane apartment to meet with a woman who said her baby’s father had come into town to see his child. He became intoxicated and got into an argument with the victim.
She told him to leave, but he refused. She put his suitcase at the door and, again, told him to leave. He refused. She then told him that she called the police. He left.
Officers could hear the man running around the back yard in the Hunter’s Branch area and found him after he had covered his face and body with leaves — in an attempt to look like a fallen tree. The officers struggled with the suspect before they could get him into custody. They got him patched up at Grady and then took him to jail.
The 35-year-old Atlantan was charged with obstruction, public drunk and simple assault.
Do you think they’ll recognize me?
A Jones Bridge Road pizza shop employee said she was about to leave work when a man came in holding a wrench and telling her he lost his wallet. The man began to mess around with the coin change machine. He pried open the machine, took the money trays and ran out of the restaurant.
He got into a green early ’90s model Honda Accord occupied by two men.
According to the witness/complainant, the same guy came in the night before, wearing the same clothing. The delivery driver knows the man who came in the night before and has known the suspect for a long time. (This guy ought to get together with the guy who dropped his cell phone with his picture of him holding a gun. They could write a book.)




Comments
Commenting is now closed for this entry.
By LD
January 17, 2006 7:31 AM | Link to this
Why is there a coin change machine in a pizza shop?
By Tony
January 17, 2006 8:25 AM | Link to this
Uhhhhhh, maybe for the video games, Einstein.
By Phil
January 17, 2006 9:04 AM | Link to this
Maybe there are video games at the pizza shop?
By kristen
January 17, 2006 9:12 AM | Link to this
They probably have video games and they need change for them.
By Lew
January 17, 2006 9:17 AM | Link to this
Many pizza shops have video games for people to play while waiting for their orders. The change machine prevents the counter person being bothered with requests for quarters.
By GAI
January 17, 2006 10:05 AM | Link to this
LD, you need to get out more. If you own a pizza shop you can put anything you want in it. Being an apologist for predators is not helping things….
By Scott Roberts
January 17, 2006 11:24 AM | Link to this
Interesting reading “about how to get arrested” but crusing at cop IS NOT Disorderly Conduct”. Review the code section 16-11-39 (which I have included below).
The only section of the code that comes even remotely close is section (a), paragraph (3)- the latter section at that - and then it borders on a Free Speech issue.
I don’t think that when the motorist said/added “#@$-you! %#$#-you! And $#$#%-you!” it was “violent resentment”. It was too general of a use of words.
You cops should have stronger skin…
Now if the person said, “%#$#-you, you no good ‘pig’” that would be more apt to be “violent resentment”.
16-11-39. (a) A person commits the offense of disorderly conduct when such person commits any of the following: (1) Acts in a violent or tumultuous manner toward another person whereby such person is placed in reasonable fear of the safety of such person´s life, limb, or health; (2) Acts in a violent or tumultuous manner toward another person whereby the property of such person is placed in danger of being damaged or destroyed; (3) Without provocation, uses to or of another person in such other person´s presence, opprobrious or abusive words which by their very utterance tend to incite to an immediate breach of the peace, that is to say, words which as a matter of common knowledge and under ordinary circumstances will, when used to or of another person in such other person´s presence, naturally tend to provoke violent resentment, that is, words commonly called ‘fighting words’; or (4) Without provocation, uses obscene and vulgar or profane language in the presence of or by telephone to a person under the age of 14 years which threatens an immediate breach of the peace. (b) Any person who commits the offense of disorderly conduct shall be guilty of a misdemeanor. (c) This Code section shall not be deemed or construed to affect or limit the powers of counties or municipal corporations to adopt ordinances or resolutions prohibiting disorderly conduct within their respective limits.
By Becki
January 17, 2006 11:54 AM | Link to this
$%&* You is a breach of peace, if you ask me. I’d be less than peaceful if someone screamed at me.
Also, since the person was pulled over near a school bus, there could have been children under 14 years of age around, and section (A4) says “Without provocation, uses obscene and vulgar or profane language in the presence of or by telephone to a person under the age of 14 years which threatens an immediate breach of the peace.”
Either way, belligerence towards a police officer SHOULD be disorderly conduct. They should be respected, not told they need a tougher skin. Words of anger often lead to actions of anger, and an officer (especially female, but don’t go all feminist on me) needs for citizens to keep their cool. We don’t want crazy drivers acting out in anger towards cops.
By SD
January 17, 2006 11:58 AM | Link to this
Scott,
Disorderly conduct has always been the one option police have to arrest someone at any time for so much as raising their voice. It is not going to change but that being said, if you curse at a police officer in a loud voice that could be interpreted as a threat (example: I am going to “F” you up for this ticket).
So, for all of you that don’t agree this guy should have gone to jail here is a tip for not getting arrested when you get pulled over for blowing past a stopped school bus:
(1) Have a valid license (2) Have a current (not expired) insurance card with you.
(3) Make sure your tag is current.
(4) Put your hands on the wheel and don’t get out of the car when the officer comes to your car.
(5) Do everything the officer says and leave the cuss words for yourself after that officer leaves (“boy am I a dumb a** for blowing past a school bus and not having a valid insurance card and not having my license with me).
Anything less and you risk much more trouble that the original offense.
Chris Rock once did a video skit on how not to get arrested by the police when getting pulled over and it should be required viewing for all new drivers.
By Shannon
January 17, 2006 12:01 PM | Link to this
He was creating a disturbance though. Officers have to keep their safety in mind as well and he was becoming irate and vulgar. He was also driving without a license, on an expired insurance card and was passing a loading school bus, so either way you want to look at it he still broke numerous laws. Would love to know if the “lost” license was really suspended or revoked, if so that’s an automatic arrest right there. I personally would rather someone that’s driving with no insurance or license be taken off of the road so when they hit me and run, my insurance won’t go up because they can’t be responsible and folow the laws like the rest of us. As far as having tougher skin, officers deal with enough from the public without getting cussed out as well. If he feels he shouldn’t have been arrested, that’s what lawyers are for.
By Don
January 17, 2006 12:08 PM | Link to this
whats the difference from sayin “#@$-you! %#$#-you! And $#$#%-you!â€? to sayin “%#$#-you, you no good ‘pig’â€? either way the person was using profanity in front of the officer plus its illegal to keep going when a school bus has the stop sign out then he’s riding around with expired insurance
By Cdogg
January 17, 2006 12:50 PM | Link to this
Telling me “I’m not ## deaf” Will pretty much provoke a violent response out of me. In fact, cursing at me in an angry way would in general.
I wouldn’t have arrested him. I’d have smashed his teeth out and claimed he reached for my gun.
By Randall Tucker
January 17, 2006 4:20 PM | Link to this
Mr. Scott Roberts, since you think you are so well versed on the law, perhaps you should know that every government entity can have their own laws…i.e. ordinances. In Fulton County there is such a County Ordinance called: Disorderly Conduct, Section 7: “To direct “fighting words” toward another, that is words that by their very nature tend to incite a breach of the peace.”
By Jen
January 17, 2006 4:48 PM | Link to this
They should have charged him with impersonating a tree!
By Nick
January 17, 2006 4:59 PM | Link to this
I just don’t see the justice in making passing a stopped/unloading school bus a 6 point violation when there are plenty more dangerous things such as running red lights (3 points). I’m all about the kids but I just don’t see why it’s so wrong if the kids aren’t walking on your side of the street.
Oh well, be an alertive driver and obey all traffic laws and you’ll be only subject to being pulled over a handful of times for meaningless stuff anyhow.
By LD
January 17, 2006 6:17 PM | Link to this
Good lord. Looking at your responses to my question tells me why I don’t want to get out more…
By Bryan
January 18, 2006 2:44 AM | Link to this
“Disorderly Conduct” is what police charge someone with when they do something that the officers dont like, but is not illegal. Cussing at a cop should not be illegal. I think the whole ‘disorderly conduct’ concept is a scam. If I assault you, than charge me with that. But if I am just expressing my disinterest in your ability to conduct your job, I am pretty sure that is protected under the first amdendment.
By Tom
January 18, 2006 3:40 AM | Link to this
I agree. If someone cussed at me, I would not consider that disorderly conduct. Your safety is not injeperdy just cause somebody cusses at you. Whats the difference in saying f%$# you and saying “this d#@^n ticket”? Its both cussing
By Bill
January 18, 2006 3:45 AM | Link to this
If cussing at you provokes anegr and makes you want to do violence to them, then you DONT need to be in law enforcement. You have to be able totake words. People are gonna call you everything under the sun, you cant go balisitic onthem. Thats why we have so many police abuse cases out there. When I went to the police academy, the instructors called us the “N” word, the “B” word, and several other insulting names. The point theywere trying to make is we are in a profession that works withthe public. The public is very diverse. You have to be able to deal with differant people and realize that differant people react differantly in differant situations.
By ronny
January 18, 2006 8:03 AM | Link to this
more people get taken to jail for P O P (pi** off police) than the actual incident, you may not have to pay the ticket, but you still got the ride!!
By sum dum ho
January 18, 2006 8:34 AM | Link to this
you know, we seem to be missing an important part of the story somewhere between “…asked the man to spell the name of the street on which he lives.” and “The driver began to do everything in his power…”. what, exactly did he do? I hardly think he did “everything in his power” did he moon you? spit on you? what did he do that was sooo bad? perhaps he was being a smart-a* trying to joke WITH you - trying to make you laugh! sometimes people do odd things when they are nervous, and some people might just have something that they have to say. you may not like it, but i do believe that is our first ammendment right. (the united states constitution- heard of it?)
its because of this one-sided opinionated account of the events that i am inclined to question the mindset of the individual who wrote the report. that’s the kind of use of power that can easily turn into an abuse of power, especially if the behavior is accepted by their coworkers - and never even questioned, as in this case. its very frightening that this mentality of “i’ll make the story/report say whatever i want it to”, has become so common place in law enforcement that most people feel that they DO need to be scared to death of going to jail during a simple traffic stop, whether they are doing anything wrong or not!
OOPS! you have a tail light out! Sorry ‘bout that! don’t you have anything better to do? this is so ridiculously childish and petty. really, it sounds like SOMEONE got picked on in school! grow up, get over it, and be a human being! you will be a much happier person if you LET IT GO, i promise.
By Jeffrey
January 18, 2006 8:45 AM | Link to this
If this is a misdemeanor then I’m willing to take that chance because those of you who are saying this guy should not have been taking to jail are a bunch of MORONS I said it yes I did. The police are out to protect and help us. I for one do not want this guy on the road if he is going to be yelling obscenities at somebody. Who’s to say somebody like this doesn’t have a gun or won’t try to run you over in his car if he gets mad at you on the road. How about if your kid is crossing the street when this guy goes right past the stop sign of the bus. Is it okay then to cuss at the cops for stopping him after your kid is laying on the ground bleeding? Please the laws were put into effect to keep us safe and if you don’t like it then don’t drive. Just stay in your house and watch your reality TV. The officer did the right thing and I commend her for that.
To Nick: You may be the leader of the morons. More dangerous than running past a stopped school bus. Do you watch the news and hear about kids getting hit because of idiots like this guy? True running a red light is dangerous because of oncoming cars however kids have a tendency to run out into traffic if they see something or know somebody on the other side of the street. As a smart person which after reading that I’m not sure you are the best thing is just to stop and wait patiently. Plus it’s the law.
That’s all I have to say about that and I will wait for the Fulton County PD to come get me because I will admit I called most of you morons and I stick by that statement. Just follow the law and shut-up unless it benefits society as a whole and not just yourselves.
By JimBob
January 18, 2006 8:54 AM | Link to this
God help us. How far down has society gone when people try to argue the point that they should be allowed to say F&*^ You to a police officer when receiving a citation. This is an appropirate charge for such actions and language. You people that are arguing the point have probably been arrested before….
By Jaccques
January 18, 2006 12:14 PM | Link to this
I generally agree with Scott, but wish to point out that an insurance card is no longer required as the insurance status comes up along with the registration check on the on-board computer. Too many people, it seems, were signing up for insurance, getting the cards (valid for 6 months), then cancelling the next day…
By Jacques
January 18, 2006 12:16 PM | Link to this
Oops, I meant I agree with SD, not Scott…
By Bill
January 18, 2006 12:26 PM | Link to this
I have never been arrested. I DO the arresting. I am not saying this guydidnt deserve to go to jail. I am just saying as apolice officer you have to have thick skin. As much as you dont like it. cussing is NOT illeagal in this country. Bottom line.
By Mike Kane
January 18, 2006 1:08 PM | Link to this
It once again proves my theory that the majority of people who end up in the system either are too stupid not to get caught or talk themselves into an arrest.
By Tim
January 18, 2006 1:09 PM | Link to this
I know we are hearing only one side of the conversation here, but what part of passing a school bus with the flash flashing and kids unloading is hard to understand. I also imagine that since he used the profanity near the area of the children albeit a loose interpretation he fits under section 4: (4) Without provocation, uses obscene and vulgar or profane language in the presence of or by telephone to a person under the age of 14 years which threatens an immediate breach of the peace. I have been stopped before and it is an easy process. They ask you for the necessary paperwork. You give it to them, get the ticket and press. The officer sounds like she was just doing her job of confirming the address on the insurance card. Nonetheless, he now has an arrest record, still have to pay the traffic fines and spent time in jail for something that could have been settled in what maybe 20 minutes. If anything he is the MORON.
By Tim
January 18, 2006 1:15 PM | Link to this
Nick, How about when you go and try to pass the school bus and you run over a little child that you didn’t see that was getting off the bus and walking in front of it when you pulled around the bus? It has happened so many times, why do you think they made it against the law? Ask the parents about their children that have been run over by someone not wanting to wait those extra five minutes how their lives are with out their angels?
By kay
January 18, 2006 2:37 PM | Link to this
3 Points for running a red light??? If this is a true reflection of the law, can someone tell me why no points are taken when a ticket is given in Alpharetta when one runs a red light and gets caught on camera?
Which makes me think…perhaps a camcorder wired into a school bus’s stop sign might not be such a bad idea…anyone ever thought about this???
By Kimberly
January 18, 2006 3:04 PM | Link to this
You’re correct officer Bill… cursing isn’t illegal but cursing out an officer— who may have had a bad day already—and has just discovered that you have expired insurance and no license is definitely mental instability. I work at Hartsfield and anyone who is really nasty to me experiences UNNESSARY FRUSTRATION (I may send that person 2 times for a search). In a few cases, the passenger is not permitted to fly with my airline because I report them as “a possible threat to othersâ€?. I’ve even considered snatching claim tickets off bags and throwing them on the conveyor belt where it would take days to find its way back to its owner, if ever… Sometime we need to remember who not to p** off.
By Mike
January 18, 2006 8:03 PM | Link to this
Cussing is not illegal. But passing a school bus is an arrest-optional offence, isn’t it? It seems that if I’ve committed a traffic violation in which it was up to the officer’s discretion whether or not to arrest me, saying “yes sir” or “yes ma’am” might make more sense than a cussing fit.
I know of a kid who got caught doing 70 through the center of Chamblee. Initially, the officer decided to write a ticket. The young man said “Would you hurry it up, my pizza’s getting cold!”
After his initial shock, the officer said, “You’re going to be eating day old pizza” and pulled out the handcuffs.
By Scott Roberts
January 19, 2006 10:54 AM | Link to this
People, even though I didn’t specifically say it in my initial post, I’m not saying the person shouldn’t have recieved fines or even a trip to jail for passing a school bus while unloading children, but the words “F@&% you” is protected speech under the first amendment. Doubt me? Research it. I would do it for you all but that’s another thing wrong with society today - nobody wants to do the work themselves, they want someone to do it for them.
For those stating that there were children present when those words were used. How do you know that? You don’t. In all likelihood, the bus continued on its route as the motorist was getting stopped by the officer. I imagine that it took about 10 minutes for the officer to run a 10-28 & 10-29, write the ticket, and then present it to the motorist. It was at that point the words were spoken.
The Disorderly Conduct law is too vague. What one person may consider “fighting words”, a second person may not. Personally, I don’t consider the words/phrase used independently constitues “fighting words”. Now if “F@&% you” is followed with “I’m gonna kick your butt”!, that would, without a doubt, make them “fighting words”.
I hate to simplify it down to the pre-school level, but the old saying that “sticks and stones may break my bones, but words will never hurt me” is really true. That holds even more truth if you are a public servant, which is what a police officer is. I don’t know; maybe I’m too much of a realist to expect people to understand that adage.
People, if you don’t stand up for the basic principles of the Constitution, you’re going to wake up one day and they will no longer be in existence.
By dg
January 19, 2006 12:30 PM | Link to this
I hope the driver had enough quiet time with himself to learn a basic lesson in life. You can always verbally unload on someone but there are consequences. Apparently the driver was absent when that was taught. Hopefully he is all caught up now.
By Lonnie
January 19, 2006 1:58 PM | Link to this
OCGA 16-10-24 deals with obstructing or hindering a police officer in the performance of his duties and might be more appropriate than disorderly conduct in the city or county ordinances. My personal opinion (not a lawyer) is that a barrage of hostile, offensive gutter language qualifies. Now whether the officer should take the guy to jail or to the psychiatric ward - that’s a different question.
By Tim
January 19, 2006 3:31 PM | Link to this
Scott, Good points made but did you ever think about the children that got off the bus? Remember he passed a stopped school bus. If you have kids, you will know they will want to stop and see what is going on and ask question why the police officer is pulling the guy over? This case has nothing to do with constitutional rights. The guy broke the lie and was cited for it. None of use can us know the exact details of what was said between him and the office only that it lead to him being apprehended. I also consider myself a realist and there is a thing called common sense which some of society has forgotten or never possessed.
By dg
January 20, 2006 7:42 AM | Link to this
Kimberly, get over yourself.
By dan
January 21, 2006 8:41 AM | Link to this
Anyone using such language is a menace to society, and should be put on probation untill they learn some manners and civility.I am sick and tired of trash ruining society.
By noc
January 21, 2006 10:54 AM | Link to this
Should teenagers get behind the wheel of a car?
By jk
January 21, 2006 9:42 PM | Link to this
besides all the other valid points made here…kids emerging off the bus, fighting words, etc…maybe what qualified it as disorderly conduct ((1) Acts in a violent or tumultuous manner toward another person whereby such person is placed in reasonable fear of the safety of such person´s life, limb, or health;)…is that possibly he was a pretty big guy and SHE, the officer, was concerned if he made (another) stupid move that she would not be able to defend herself….just MHO…
By david duncan
January 22, 2006 12:52 PM | Link to this
Was this guy arrested for (a)passing a school bus.(b)No license.(c)No valid insurance.(d)Swearing at an officer.Or (e)being stupid. If you answered (e)you are correct. If you are caught doing wrong by the Police,your boss, your wife, your Pastor or whoever, blowing your stack is not the smart move. You might just find yourself arrested, fired, divorced, burning in hades or whatever. By the way being stupid is not a crime, but maybe it should be.
By Tre
January 22, 2006 11:36 PM | Link to this
As someone who mouthed off to a police officer (21 at the time) who arrested me because I called him a mental midget followed by some profanities, my advice is this: Unfortunately, the average joe does not have the resources to hire a good attorney who can get rid of the trumped up charges. So don’t say anything at all, follow the commands and be quiet. I now have a misdemeanor charge on my permanent record. Is it right? NO!!! When I was released the officer was waiting for me and he laughed, trying to incite me again. I however, learned my lesson that a police officer CAN and WILL do anything they want. As I don’t wan’t to slander any police officer, I hold a great distrust and disrespect for them.
By Dave
January 23, 2006 7:58 AM | Link to this
I see that Kimberly is a passive-aggressive gate agent for an airline at Hartsfield. Those who are surprised at that fact, please raise their hands? (I see no hands). Sort of goes hand-in-hand with the behavior displayed by the APD officers that work the airport.
By Dave
January 23, 2006 8:58 AM | Link to this
Just remember, when stopped by a Police Officer, never, ever, let your mouth write a check that your rear end cannot cash!
By Swangirl
January 23, 2006 9:59 AM | Link to this
I think the true lesson to be learned over Mr. Profanity is that he lacked the common sense to keep his angry thoughts to himself.
The fact is that when you are dealing with law enforcement, or anybody for that matter, cursing them out is not going to incline them to treat you nicely. This is common sense, which the guy clearly lacked.
By Scott Roberts
January 23, 2006 11:21 AM | Link to this
JK - No. Police officers are trained, have pepper spray, tasers, and guns, so I doubt she was “scared”.
Tre - It sounds like that particular officer is a punk; most cops usually are and would be “in the system” themsleves if they weren’t wearing a badge. One bad apple does spoil the bunch.
I can count on one hand the number of nice, professional officers I have met over the past 25 years and the majority of those are GA State Patrol officers. I think it all comes down to training.
By Eddie
January 23, 2006 12:44 PM | Link to this
I’ve met plenty of nice, professional police officers - even most of those who have given me tickets have been nice and professional. I’ve also met a few jerks but understanding they have the ability to make my life miserable, I look at their name tag, the number on their vehicle, and send a letter of complaint to the captain at their precinct. With the nice ones, I’m also courteous to them back, even if they’re writing me a ticket. Why - because I was wrong and I got caught. I knew at the time that speeding, or the illegal turn, or whatever, was wrong and I did it anyway. The officer who witnesses that is doing his or her job by pulling me over and if I have no valid excuse, they give me a citation. I have, by the way, talked my way out of a couple tickets because I had a valid excuse. But getting irate & rude to someone who is doing what they’ve been hired to do is pointless, and I’m glad the guy got arrested. Someone said it earlier, but it all comes down to common sense - which I unfortunately find - is not that common.
By Dirk
January 24, 2006 8:12 AM | Link to this
I’ve gotten a few tickets in my time, but there was one time, when I was a teen years ago, I was on my way back to a friend’s house, with my friend, his brother, and his brother’s girlfriend in the car. I was driving the speed limit, and I noticed someone tailgating me. Right on my butt. So close, I could hardly see his headlights. I can’t stand tailgaters. At all. So, I downshifted, and hit the gas. I was fairly close to my friend’s street, and I wanted enough room so that when I hit the brakes to make my turn, I wouldn’t get rear-ended.
Next thing I know, the blue lights came on. I continued to my friend’s street, as it was the closest turn-off, pulled in, stopped, and got out of the car. I was more than a little annoyed, and as a teenager, I had very little sense. I started yelling at the cop about him tailgating me, and how the only reason I broke the speed limit was to get him off my tail.
He tried to tell me that the reason he was so close was because he saw me weaving, and he was getting my tag number before he pulled me over. I informed him that I had three witnesses in the car who would verify, then, and if necessary, in court, that I had not been weaving. And I hadn’t been. I was stone-cold sober, and there wasn’t any horseplay going on in the car that would have distracted me and caused me to weave.
Finally, he told me I was lucky he was in a good mood that night, and that he wouldn’t be giving me a ticket.
Moral of the story? I got lucky that mouthing off to a cop didn’t get me a ticket for several violations. I’m certain I would have been able to get out of it in court, though, considering the circumstances.
By Aubrey
January 25, 2006 9:24 AM | Link to this
Jeez. The fact that half the posters here refer to a mass quantity of officers they’ve met is frightening. Whatever happened to following the traffic laws and then you don’t have to deal with the cops at all…Unless some idiot hits you (which is always a possibility in this town)