Charges of disorderly conduct were recently dropped by a judge in Cobb County Georgia in a case involving a woman who said “F— the police” and “police suck” as she rode her bicycle past two officers questioning a burglary suspect. The officers abandoned the burglary investigation and arrested the woman. She was charged under O.C.G.A. § 16-11-39(a)(4) which bars “without provocation” the use of “obscene and vulgar language in the presence of a person under the age of 14 years which threatens an immediate breach of the peace.”
The judge found that even though the police testified a child was present, the woman’s words were not fighting words. “the police cannot arrest someone for disrespecting them by the use of a curse word.”
Even though cursing at the police in this specific scenario was not against the law, I would NEVER recommend that you do such a thing. Even though the woman’s charges were dropped, she spent 23 hours in jail with 6 in solitary confinement. She also had to hire a lawyer and stress out for a year until her case was heard.
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