Saturday, April 25, 2009

Can You Legally Cuss the Cops?

Like it or not, you can swear at a police officer. Now don't get me wrong, I don't go out of my way to cuss them nor do I swear at them if asked a simple question but as soon as I detect wrongful behavior or "attitude" on their part I let them have it. Swearing at a police officer may be disrespectful, but it's not criminal. The courts have sided with citizens and rightfully so. The APD is schooled on this subject at the Academy, see this article done by their legal instructor: www.dps.nm.org/training/docs/Legal_Update_in_NM.pdf. By the way, I do not have a history of hassling cops. Never been arrested and no, never had any problems with my neighbors, just the cops who have tried to give me grief. Now I'm out to give them some oversight which it seems they need. A badge does not give them the right to tell a citizen what to do; they have to comply with the legislated laws just like anyone else. Most people will automatically comply with a cop EVEN if they know the officer is wrong. These spineless citizens willingly give up their Constitutional rights thus reinforcing the "bully with a badge" mentality of our police forces. Now I'm sure some "law and order" types might find that cussing a cop IS "criminal" despite not being codified as such. Thank God we have a Constitution to protect us from those types too. An article regarding resisting the police: http://politicalinquirer.com/2008/06/25/resisting-unlawful-arrest-constitutional-legal-and-our-duty/

Although you can legally cuss the cops, its not recommended. IF you have done something wrong then it will surely earn you a citation plus a judge is not likely to lessen the charge or penalty. And IF an officer violates your rights and you cuss them then your chances of winning a lawsuit are decreased because its highly likely that the officer is recording the conversation and a jury may be offended especially if the officer is being professional and talking respectively (which they usually do because the recording will be heard by their supervisors).

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