Disrespecting the police

: This page covers the worldwide legal term; also see: Contempt of cop.
The term "disrespecting the police" or "disrespecting a police officer on duty" refers to a perceived contentious or defiant attitude when talking with a police officer. It may involve the act of requesting or demanding information or possibly even a perceived insult to the officer. However, if threats or "fighting words" are spoken, then the matter becomes an issue of threatening the police. If physical force is exerted against an officer, the action could be considered, either:
:* resisting an officer or refusing to obey; or
:* resisting arrest, as refusing to obey once notified of being under arrest.
In many jurisdictions, the issue of disrespecting the police is not considered a crime. However, in some cases, police may be permitted to arrest people for “fighting words,” language that incites violence.
Restrictions by nation
In the United States
Under United States law, each U.S. state, county, and town makes its own laws, within the limits of the U.S. Constitution and federal laws. (Criminal law, generally, is the purview of the individual states and not the federal government.) The First Amendment to the United States Constitution guarantees a citizen's right to freedom of speech, except in cases endangering the public. The act of disrespecting the police is generally protected by the First Amendment, but is sometimes called "contempt of cop" as analogous to "contempt of court" (which is instead, a long-established, punishable common law offence). In many cases, citizens have been arrested for "disorderly conduct" based on remarks or hand gestures they made to various officers. Historically, numerous cases of arrests stemming from "flipping the bird" have resulted in the arrested person being exonerated by the courts.
More recently, there has been a trend whereby bird-flippers receive cash settlements from the local government involved.
Actions leading to arrest/search
In the United States, a person's questioning of a police officer's actions or motives, can be viewed as a right of freedom of speech (guaranteed by the First Amendment to the United States Constitution); however, the officer might become agitated or insulted, and could escalate the situation. At a person's home, by asking a citizen to "step outside" the doorway, that person can be considered as "being in public" and then could be arrested for "disorderly conduct" in public,
and also might be subject to personal search in public (depending on local laws).
In a motor vehicle, once the vehicle has been stopped for probable cause (often a traffic violation, such as failure to use a turn-signal for 100 ft or 30 m), the driver and vehicle could be subject to a search of the visible interior. However, once the driver has been arrested (such as for defiant remarks charged as disorderly conduct), then the locked compartments of the vehicle (glovebox/console) might be subject to searching as a "search incident to arrest" (as is typical under U.S. law).
The defendant is allowed to contest any evidence found during a police search by filing a "motion to suppress" with the judge handling the court case.
In Uzbekistan
In the nation of Uzbekistan, the act of disrespecting the police can be cause for arrest. In June 2004, one protester was detained and charged with the offense of disrespecting a police officer when she attempted to demand the release of Baimatov.

Main Menu

See Also

Main Menu