Fairfax Man Arrested At Maplefields Following Altercation

[Henry]

A 30 year old Fairfax man was arrested following an altercation with police at the Maplefield's convenience store on Route 7 in Georgia.  On Thursday, at 10 a.m., according to police, the man parked in a handicapped parking space at the Maplefield's. When police attempted to speak with him, he became "verbally combative," according to police. Police said he used abrasive language and screamed profanities.

Police then informed him he was under arrest for disorderly conduct and removed him from the vehicle. He continued to resist arrest, and members of the public offered their assistance to police, who were ultimately able to handcuff the man for transport, said authorities.

He was taken to the St. Albans barracks and then to Franklin County District Court where he was arraigned on charges of driving with a criminally suspended license, disorderly conduct, resisting arrest, and assaulting a law enforcement officer.

He was released on conditions and bail was set at $1,000.

[mkr]

I have a big pet peeve with people parking in the Handicapped parking at the Maplefield's, actually not too far from that time of day, when they have no sign and do not appear to be disabled.  I have said something in the past to people. Glad I didn't see this guy!

[rod anode]

how about people you think are gonna turn because they have their turn signal on then dont and holler at you because you thought they where gonna turn and you pulled out i nfront of them,sorry buddy your turn signal was on in the black old time pickup truck

[Les Nessman]

Good for the officer for taking action.  I hope however that removing him from his vehicle doesn't present an issue.  I see the courts using that as a sticking point.  Anyway, kudos to the Five-0

[cedarman]

"verbally combative".  I wonder where using "abrasive language" and "profanity" falls in the freedom of speech category, especially if he was in his car at the time he was saying whatever he said.  There was no mention of him verbally insulting the officers specifically, or threatening them, both of which would probably have been mentioned in the police report if they occurred since the prosecuter could then pile on more charges.  However, stating a distain for cops and commenting on how cops do their jobs is NOT abuse, and in my opinion is not even grounds for arrest.

I'm not defending the guy. I don't know him.  He sounds like the type who is not a nice person to begin with, or was have a REALLY bad day before the cops got involved and made it worse.  I don't mean to sound like I'm bashing the cops either. 

When I hear stories like this, where the details provided by the officer(s) involved are vague, it makes me wonder about the actual details that happened.  Was "disorderly conduct" applied because the cops didn't like what the guy was saying and he was verbally drawing attention to them.  It's just my personal opinion that "disorderly conduct" is probably one of the most abused charges used by police because it isn't well defined what constitues "disorderly conduct".

[monte198]

§ 1026. Disorderly conduct

A person who, with intent to cause public inconvenience, or annoyance or recklessly creating a risk thereof:

(1) Engages in fighting or in violent, tumultuous or threatening behavior; or

(2) Makes unreasonable noise; or

(3) In a public place uses abusive or obscene language; or

(4) Without lawful authority, disturbs any lawful assembly or meeting of persons; or

(5) Obstructs vehicular or pedestrian traffic, shall be imprisoned for not more than 60 days or fined not more than $500.00 or both.

[Loctavious]

I guess the interpretation doesn't meet the explanation.  I know i've heard some pretty obscene and disrespectful language on church street, the waterfront, Cherry street, City hall park, and hell local basketball games..... i guess it's kinda like that thougth problem ... "if a tree falls in the forest, and no one's around to hear, doe sit still make noise?" 

So if there's abusive/obscene language and a cop isn't around to hear and address it - it's still illegal - but as with many things - not every instance can be addressed.  just like Expectorating in public.......

[monte198]

I would go as far to say that the tree makes a noise.  but does that noise offend anyone?  As there are several different kinds of disorderly conduct such as language, noise, or engaging in violent behavior.  For example an individual leaves a bar and screams profanities.  The individual is in violation of using abuse and or obscene language in public.  An individual that screams profanities at a sporting event, if anyone is (annoyed) or (offend) by the language it is violaton of the language aspect of the law.