[Gil]

Cohen v. California

Does anybody know any case law in Mass. about being arrested for swearing at a police officer? I heard there was one I just need the name. Doing a paper on it and was giving Cohen v. California as an example but that has nothing to do with swearing, it was about the guy wearing a jacket that stated "Fuck the Draft"

Thanks
Gil

 

[fish4all]

Gil,
This might help. Commonwealth v. Carson, 10 Mass.App.CT.920(1980)

 

[Muggsy09]

You might be able to charge with Disorderly Person MGL Ch.272 sec. 53 but thats kind of a stretch.

 

[Irish Wampanoag]

Hi LEOs
I was told there was a case law about that and the case law stated that anyone who swears at a police officer was considered to be intoxicated. I am not sure what case law it was but I did hear of it. Please dont shoot the messanger lol

[ 04-07-2003, 20:52: Message edited by: Hunter ]

 

[Gil]

Originally posted by BHCCPD:
Hi LEOs
I was told there was a case law about that and the case law stated that anyone who swears at a police officer was considered to be intoxicated. I am not sure what case law it was but I did hear of it. Please dont shot the messanger lol

I have a hard time believing that one...

 

[Irish Wampanoag]

I am not asking you to

 

[bbelichick]

He's partially right...I am not 100% sure of the details, but jurors were allowed to infer intoxication in an OUI case because the defendant was swearing at the uniformed Police Officer.