Police have broad discretion in the performance of their duties. It's a complex job, and I think discretion is required, but that also allows broad opportunity for abuse. Disorderly conduct is often tacked on regardless of the defendant's demeanor. It's like a freebie. Sometimes, disorderly conduct charges are threatened or charged in the absence of any other charges, again regardless of the person's demeanor. It's similar to the use of a Taser as a pain compliance device to elicit cooperation, even though the initial intent of the Taser was to offer a hopefully non-lethal alternative for subduing violent suspects. In short, disorderly conduct is often used to charge a person with Contempt Of Cop. It's a sad state of affairs.
Just as there have been people arrested for resisting arrest... and nothing else! How does that work? It seems circular.
"What's the charge?"
"They were resisting arrest."
"And why were you arresting them?"
"Because they were resisting arrest."
I'm certainly not talking about all police officers, here. I think this behavior varies greatly from department to department, and from region to region. Like most abuse, the more it's tolerated, the more there is. It does seem to be trending upward, and I don't think it's simply a matter of ubiquitous video cameras on cell phones making us more aware of the phenomenon, although that's certainly true to some extent as well.
Here's an example of a completely out-of-control state policeman in northern Texas, arresting a man for resisting arrest (and ONLY resisting arrest) because he and his girlfriend refused to submit to a voluntary search of their vehicle. "When a police officer gives you directions, you follow them!" Yes, even when those directives violate your right to be free from illegal searches, as described in the 4th amendment in our Bill of Rights.
http://www.youtube.com/watch?v=dHAZgYyS1AA
You may have already seen the same Texas DPS trooper in the more popular video,
Two Girls, Four Cavity Probes, One Glove.
http://www.youtube.com/watch?v=QGRyMXyfztk
Yes, cursing at the police in a nonthreatening manner is apparently protected free speech, in theory, but I'd go with gutshot's recommendation and remain calm and collected when standing up for my rights. I'd also try to record the encounter myself if possible.
Back on topic - It's discouraging how persistently wrong the media has been in portraying the HB 500 changes to KRS 65.870 as a new law, and generating an urban public outcry against this "new law", when the truth is, the local governments have been in flagrant violation of the state law for 29 years, and their increasingly arrogant refusal to obey the law is the reason the penalties were added to the existing law. It certainly feels like the media is running a disinformation campaign against the right to keep and bear arms in Kentucky. Unfortunately, we're faced with the modern equivalent of the old warning against arguing with a man who buys ink by the barrel. TV has replaced newspapers, and most people only know what they see on their idiot boxes. Fortunately, the internet is quickly replacing TV as many people's source of news and information, largely because TV news is so biased and inaccurate, as we've seen in this particular case.
Whenever and wherever possible, please try to blast out the truth about KRS 65.870 to counter the media's obvious anti-gun bias.
