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Old 07-23-2009, 05:28 PM
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tstew tstew is offline
Mr. Stewart


 
Join Date: Mar 2008
Location: Houston, TX
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Re: White Cop vs Black Scholar

Quote:
Originally Posted by Praxeas View Post
I don't think we can say they were harrassing him.

Other possible scenerios. He refused to prove who he was at first, being irate that cops would come and question him about trying to break into his own home.

He did show them his ID and the cops would have just left it at that but the man became abusive

BTW Disorderly conduct

Police may use a disorderly conduct charge to keep the peace when people are behaving in a disruptive manner to themselves or others, but present no serious public danger. Disorderly conduct is typically classified as a misdemeanor.

A typical statutory definition of disorderly conduct, in this case Indiana's, defines the offense in this way:
A person who recklessly, knowingly, or intentionally: (1) engages in fighting or in tumultuous conduct;(2) makes unreasonable noise and continues to do so after being asked to stop; or(3) disrupts a lawful assembly of persons;http://en.wikipedia.org/wiki/Disorderly_conduct
I know that there are plenty of possible scenarios and I do look forward to finding out more. I'm just saying that if he did indeed demosntrate that he was the homeowner, I don't see why he would be arrested even if he wasn't polite.

Given the nature of the call, I don't see how the police would even approach it as a hard and fast "crime in progress" call. Now if the alarm was going off, that's a different story. If someone was saying "somebody is breaking into my house, that's a different story. If someone was saying "I know the homeowner and this is definitely not the homeowner", that's a different story. At the most, all that was justified here was a knock on the door and a courtesy check. I don't see why the cops were even in the house to begin with.

As far as disorderly conduct, I think the key phrase is "behaving in a disruptive manner". There is nothing to indicate that he was behaving in a disruptive manner before the officers arrived, and nothing to suggest that he would be a threat to anyone after they left.

Unless he physically accosted them, I think cooler heads should have apologized and defused the situation.
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