I honestly don’t remember; it was about 25 years ago.
Or, perhaps the numbers are there to support that SD is not arresting enough disorderly drunks. Dude- I live and work Downtown, and there are LOTS of disorderly drunks here.
It’s true they can arrest you for being drunk and you can;t do much about it until the arraignment. That’s true with *any *PD in any city on any charge. It’s hard to prove your innocence enough to sue them.
In the majority of jurisdictions, is there any requirement to actually be drunk to be charged with D&D? If someone is acting drunk and disorderly, obviously they can be arrested, but is there any obligation to prove actual intoxication?
My friend got hit over the head by a Garda (our police) when he said outloud near him “I smell bacon!”
Back in our college days, a friend of mine was driving on campus and flipped off a campus cop. He was pulled over and given a warning for “improper hand signal” which I thought was hilarious. That cop had a good sense of humor.
When I volunteered as an auxiliary cop back in the 70s, “pig” was commonly heard in the college town where I was living at the time. Most of the cops ignored it. The Chief of Police always wore a pig tie-tack to work, and of course there was the obligatory “Pride, Integrity, Guts” poster in the station. On one occasion, the cop I was working with (300 pounds and about 6’4") had had enough.
A frat boy called us pigs (to impress his buddies, I guess) and the cop and I walked over to where they were standing. Vern demanded identification from the kid, looked it over carefully, handed it back, addressing him as “Mr. Smith”. Then he dug out his cop ID and asked the kid to read it out loud, which he did. “Now,” says Vern, “Did any of you hear the word “pig”?” Mumbled negatives. Then he asked the kid if he’d seen the name “Pig” anywhere on the ID. More mumbled negatives. “Well,” says Vern, I thought perhaps you had mistaken me for somebody by the name of “Pig”. As you can see, my name is Vern Johnson, and I prefer to be called ‘officer Johnson’ when on duty. Think you’ll remember that next time you see me?" Mumbled affirmatives. “Have a nice day.”
Arrest was never an option. Freedom of speech is a right, unless one is inciting to riot or threatening the President.
“You’re under arrest for 3 counts of witchcraft and 2 counts of unnatural wizardry! Gather up all the paraphenalia, and put it in the bucket! I want dice, rulebooks, battle grids and miniatures in here NOW. Don’t touch those Cheetos!”
Eeeeevil shenanigans!
It depends. In some areas (not San Jose*) they use a “drunk tank” where they get to “sleep it off” without formal criminal charges being filed. In a few they administer the breathalyzer.
- this is why San Jose has a higher than many arrest rate for D&D, they have chosen to not have a drunk tank.
Do not assume that such things are universal across the country. For instance, in New Jersey there is no such charge as drunk and disorderly or public intoxication (not counting possible local ordinances).
Some courts have held that police, having heard it all before, should be able to shrug off insults if there is no additional evidence of criminality by the scrote in question. Good cops will do just that. But you can never be sure if you’re catching a good officer on a very bad day, or a bad officer on any day. Such an officer may, without too much difficulty, come up with a reason to arrest you: disturbing the peace, interfering with an officer in the performance of her duties, disorderly conduct, etc. I’ve seen it before.
As you might someday have reason to call the police to help you in a real emergency, I suggest that only an idiot would needlessly and stoopidly antagonize them.
In the 1970s in Nashville some unsympathetic officers used to arrest the “hippies” in Centennial Park and charge them with loitering. I think it was a judge that finally put a stop to it.
I found out that San Jose now administers the breathalyzer, upon request.
There are certain laws that are vague enough that a cop who doesn’t like you can fabricate a charge and charge you with it. Things like disorderly conduct or loitering are used for that purpose.
So if you piss a cop off he can claim ‘disorderly conduct’ and subjugate the hell out of you.
“Did you just multiclass into a paladin ? Your alignment is Chaotic Neutral, son. That’s against the rules. You’re coming with me. See how they like paladins in Pelican Bay.”
More seriously, and as has already been said, yeah, if a cop wants you off the street (or just wants to fuck with you, for that matter), he can arrest you for pretty much any reason. Which doesn’t mean he can put you in jail for life for any reason, but a night in the cage will ruin anyone’s fun.
SD had the second highest in the state, by your logic then every other city in the state is not makeing enough D&D arrests.
And it is about impossable to prove your are inocent.
Not to mention contrary to law. In the U.S. you are presumed innocent of the crime with which you’ve been charged; it’s up to the prosecution to prove you guilty by evidence beyond a reasonable doubt, if it can.
As a cop friend of mine says, “You might be the charge, but you won’t beat the ride.”
They can arrest you for any of those vague charges, and even if the charges don’t stick, they’ve cuffed you (maybe a little roughly), dragged you downtown, and processed you, and kept you in jail overnight. Not a pleasant prospect. And you don’t really have any recourse. Unless they rough you up (and leave marks or witnesses), you don’t really have any recourse.
Do you really want to risk all that just so you can make fun of guys out (mostly) trying to keep the peace?
Hell, they can arrest you for using legitimate US currency to pay a lawful debt. At that point, it’s superfluous for them to list a reason.
From that article:
"Commenting on the incident, Baltimore County police spokesman Bill Toohey told the Sun: “It’s a sign that we’re all a little nervous in the post-9/11 world.”
Who the hell confuses paying a $114 bill with 57 $2 bills with an act of Al Qaeda?