Posted on 03/14/2006 4:16:00 PM PST by Ellesu
A Lawrence County man has filed a federal lawsuit against a police officer who wrote him a ticket for directing an offensive gesture toward a road construction worker.
The Pittsburgh Tribune-Review reported that Thomas Burns was driving on Brodhead Road in Center Township, Beaver County, last April when he and other drivers had to stop in a construction zone.
Burns became frustrated after waiting in traffic, then raised his middle finger to construction workers.
An officer pulled Burns over and cited him with obscene disorderly conduct.
The charge was dropped in October after the police officer and witnesses didn't show up for court.
Burns said the charge never should have been issued in the first place. He thinks the officer violated his constitutional right to free speech.
The officer should have pulled him over and then have given him a finger. So much simpler, and less paperwork.
I agree that he has no damages and no basis for a claim.
39-17-305. Disorderly conduct.Tennessee Code
Statute text
(a) A person commits an offense who, in a public place and with intent to cause public annoyance or alarm:
(1) Engages in fighting or in violent or threatening behavior;
(2) Refuses to obey an official order to disperse issued to maintain public safety in dangerous proximity to a fire, hazard or other emergency; or
(3) Creates a hazardous or physically offensive condition by any act that serves no legitimate purpose.
(b) A person also violates this section who makes unreasonable noise which prevents others from carrying on lawful activities.
(c) A violation of this section is a Class C misdemeanor.
The judge should throw this guy out on his ear and fine him $500 for wasting the time and resources of the court.He's as big an idiot as the cop who wrote the ticket.
I wrote up a guy for negligent driving for giving me the double bird while driving along side me. It wouldn't have been a big deal if he didn't take both hands off the steering wheel to do it. One of my fondest memories
That is what would be called an appropriate exercise of the law
Did he have to put his cell phone down to execute that move???
What bull. Free Speech does NOT mean people have the right to be publicly obscene.
hahahahah
bad move on his part I guess...
LOL...cell phones weren't as prevalent back when that happened. This guy was a local Crip who was all bent about his cuz getting 5 years straight federal time on a dope and Uzi wrap. takin it out on me I guess 8>)
"LOL...cell phones weren't as prevalent back when that happened. This guy was a local Crip who was all bent about his cuz getting 5 years straight federal time on a dope and Uzi wrap. takin it out on me I guess 8>"
Well, we go back to the evolution and stupid statement form an earlier post
I hope the court tosses this case.
Yes, they did.
I'm using the past tense because we don't have Peace Officers anymore. I miss them.
We now have "Law Enforcement Officers", and your observation about them neither having nor utilizing discretion is correct.
Police officers have to follow the law. They don't get to harass people just because they get angry. We do not want to weaken the rule of law in any way. He can not give a ticket to someone who is rude unless a law has been broken. That is an abuse of power.
At the same time, I can understand how difficult it is for police officers to hold their tempers and those that do the right thing in the face of such awful people, are real heros. I have also seen police officers who are hot tempered meanies and enjoy using their power to harass and abuse the public, especially teenagers.
Yup. Like I said, I can use that one. This same guy was in a wheel chair two years later after he was shot while serving up rock and skimming the proceeds. At least thats what the snitch said why it happened. The guy that drove the car in the shooting was dead before we caught up with him. He was smoking shirm in a hotel room and learned the hard way that Russian Roulette with a semi-auto is a bad idea
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