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What is the law on an officer using "fighting words" to incite a potential arrestee? |
I am looking for a specific law in Texas, that states that an officer can not use "fighting words" to incite a potential arrestee into disturbing the peace or resisting arrest. My step father had just found out minutes before that my mother was diagnosed with cancer. he rode his bike to the corner store and saw a police officer heckling a homeless woman, the officer told him to mind his business and when my step dad said that he had just found out about my mom to leave him alone, the officer told him "i dont care if your wife is ******* dying" this upset my dad and he told him that that was not appropriate to say. needless to say he was hogtied and arrested for disturbing the peace and resisting arrest. any helpful ideas? Sorry about your mom. The officer's conduct was not the best, but your stepdad's action was inappropriate also. The officer asked him to step back and he did not. He could also be charged with interfering with official duty. The officer should have been reported to a superior or vidoe taped, but your stepdad does not have the right to interfere in his duties. Talk with the prosecutor on this case and see if it can be dismissed with an explanation from your stepdad. Ideally, he should send a letter of apology to the officer and request that the case be dismissed. Do understand that under the law, he was starting problems. There are proper ways to report inappropriate police conduct. Always follow the instruction of an armed police officer. Hate to say it, and my condolences about your step mom, but next time your father would be wise not to mess with law enforcement. He would have been better off leaving it alone and never saying a word to the cop. Sorry well your dad should appear very sorry in court and explain what happend. he probably wont get off but if the judge is sympathetic he might. Very sorry about your mom. No such law about "fighting words". The best course of action would have been to leave the officer alone and call the police department and file a formal complaint against the officer from inside the store. |
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