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Black Friday Arrest
Posted by: dwi ()
Date: November 23, 2007 06:32PM

I was arrested on Friday morning while waiting in line at a Best Buy. Apparently, some dumb-ass chick called the cops because she thought I cut in front of her. Anyway, when the "Po Po" arrived, they said I was drunk. They put me in cuffs and took me to jail. The cop also charged me with "curse and abuse".
I guess my question is......is there such a charge as curse and abuse? I thought cops just had to take what people said to them. What about freedom of speech? I'm going to challenge this, I thought I would just get some input.
Any thoughts?

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Re: Black Friday Arrest
Posted by: Radiophile ()
Date: November 23, 2007 06:54PM

Which Best Buy, just out of curiosity?

Anyway, if she did call the police on you, it was not for cutting in line. I know in the past Best Buy had their own rules they expected the police to enforce, but that was struck down ion court a couple years ago,

"Hello, I am waiting in line at Best Buy. It is 4:00 am, Some guy just cut in front of me"

"Yes ma'am, the SWAT team is on their way"

So, logically, your story does not hold water - even with the limitted amount of information you provided.

1) She called the police because you cut in line, not that you were drunk. Unlikely.
2) The cops would respond to line cutter complaint. Even in Fairfax County, unlikely.
3) Assuming points 1 and 2 are correct, you stupid assface decided to excercise your right of free speech right then and there? Very unlikely, and stupid if you did it.
4) And the cops hauled your ass away because someone claimed you cut in line and were exercising your right of free speech.

I dont think you need a lawyer on this one. Just go to court and tell the judge what you told us. You will be fine. Please follow up with us and let us know how it turns out.

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Re: Black Friday Arrest
Posted by: WashingToneLocian ()
Date: November 23, 2007 06:59PM

dwi Wrote:
-------------------------------------------------------
> I was arrested on Friday morning while waiting in
> line at a Best Buy. Apparently, some dumb-ass
> chick called the cops because she thought I cut in
> front of her. Anyway, when the "Po Po" arrived,
> they said I was drunk. They put me in cuffs and
> took me to jail. The cop also charged me with
> "curse and abuse".
> I guess my question is......is there such a charge
> as curse and abuse? I thought cops just had to
> take what people said to them. What about freedom
> of speech? I'm going to challenge this, I thought
> I would just get some input.
> Any thoughts?

In Virginia, there is a charge called "curse and abuse." It is a misdemeanor. I believe it is either a $250 or $500 fine.

You should look up the law. It is pretty specific in terms of what "curse and abuse" means. If she cursed back at you, you may be able to get it dismissed.

In any case, I'm not sure why they arrested you. It should have been a citation, unless you were arrested for public drunkenness. If that is the case, it would be worse than the "curse and abuse" charge.

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Re: Black Friday Arrest
Posted by: Ken ()
Date: November 23, 2007 08:55PM

dwi Wrote:
-------------------------------------------------------
> I thought cops just had to
> take what people said to them.

My, my, my. Yet another charming user of this web site runs afoul of the law. With statements such as your quote above I could never understand why or how you'd find trouble.

One thing sounds certain, at least two people, both an independent witness (the woman) and the police officer, thought your behavior was out of line. And don't bet that the police officer won't subpoena the witness to court to testify against you either.

"Curse and abuse" is indeed against the law. The police officer didn't just concoct the law on the spot. It's been against the law in Virginia since at least 1950. "Free speech" can only get you so far some times.

§ 18.2-416. Punishment for using abusive language to another.

If any person shall, in the presence or hearing of another, curse or abuse such other person, or use any violent abusive language to such person concerning himself or any of his relations, or otherwise use such language, under circumstances reasonably calculated to provoke a breach of the peace, he shall be guilty of a Class 3 misdemeanor.

(Code 1950, § 18.1-255; 1960, c. 358; 1975, cc. 14, 15.)


Perhaps if you hadn't been drinking you'd be a little more civil to people.

Both charges are misdemeanors and don't carry any jail time, only fines, so be wary of liars, I mean, lawyers, who try to tell you anything different.

Hopefully you learned a lesson.

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Re: Black Friday Arrest
Posted by: Read the Statute ()
Date: November 23, 2007 09:14PM

Ken Wrote:
-------------------------------------------------------
> dwi Wrote:
> --------------------------------------------------
> -----
> > I thought cops just had to
> > take what people said to them.
>
> My, my, my. Yet another charming user of this web
> site runs afoul of the law. With statements such
> as your quote above I could never understand why
> or how you'd find trouble.
>
> One thing sounds certain, at least two people,
> both an independent witness (the woman) and the
> police officer, thought your behavior was out of
> line. And don't bet that the police officer won't
> subpoena the witness to court to testify against
> you either.
>
> "Curse and abuse" is indeed against the law. The
> police officer didn't just concoct the law on the
> spot. It's been against the law in Virginia since
> at least 1950. "Free speech" can only get you so
> far some times.
>
> § 18.2-416. Punishment for using abusive language
> to another.
>
> If any person shall, in the presence or hearing of
> another, curse or abuse such other person, or use
> any violent abusive language to such person
> concerning himself or any of his relations, or
> otherwise use such language, under circumstances
> reasonably calculated to provoke a breach of the
> peace, he shall be guilty of a Class 3
> misdemeanor.
>
> (Code 1950, § 18.1-255; 1960, c. 358; 1975, cc.
> 14, 15.)
>
>
> Perhaps if you hadn't been drinking you'd be a
> little more civil to people.
>
> Both charges are misdemeanors and don't carry any
> jail time, only fines, so be wary of liars, I
> mean, lawyers, who try to tell you anything
> different.
>
> Hopefully you learned a lesson.

And, given the language of the statute, I would assume that the police officer took a report of some person in the presence of you and your accuser that you either cursed OR abused that person (curse AND abuse makes no sense, particularly in view of the statutory language, assuming that has been posted accurately)

It should be noted that the presence of "another" is required, in addtion to the alleged "cursor" and the alleged "cursee". I would hope that FxCo's finest would not arrest under this statute based solely upon a "he said, she said" basis.

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Re: Black Friday Arrest
Posted by: Lurker. ()
Date: November 23, 2007 09:19PM

dwi Wrote:
-------------------------------------------------------
Anyway, when the "Po Po" arrived,
> they said I was drunk. They put me in cuffs and
> took me to jail. The cop also charged me with
> "curse and abuse".

I'd be more concerned about DIP, than curse and abuse.

So were you drunk?

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Re: Black Friday Arrest
Posted by: Numbers ()
Date: November 23, 2007 09:24PM

Why were you drinking so early in the morning anyway? As it turns out, a hidden camera captured you on your way to Best Buy this morning.
http://www.vidmax.com/index.php/videos/view/4558

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Re: Black Friday Arrest
Posted by: WashingToneLocian ()
Date: November 24, 2007 06:45AM

Read the Statute Wrote:
-------------------------------------------------------
I would hope that
> FxCo's finest would not arrest under this statute
> based solely upon a "he said, she said" basis.


It sounds like the guy may have cussed at the cops, which was just stupid on his part.

I think it is a bullshit law and it may be a violation of the First Amendment. However, I doubt this dude has the millions of dollars necessary to take it to the U.S. Supreme Court.

I would suggest, however, that he talk to a lawyer. While it is a misdemeanor and a fine, it's not the kind of thing he wants on his record if a future employer does a police background check. Not sure how long that kind of stuff stays on your record (forever?). Seems like a pretty bogus charge to fuck up your life over.

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Re: Black Friday Arrest
Posted by: Gravis ()
Date: November 25, 2007 09:30AM

WashingToneLocian Wrote:
-------------------------------------------------------
> I think it is a bullshit law and it may be a
> violation of the First Amendment.


i agree, otherwise everyone on the interwebnet is in serious trouble.


"the wisdom of the wise will perish, the intelligence of the intelligent will vanish."095042938540

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Re: Black Friday Arrest
Posted by: XXX ()
Date: November 25, 2007 09:54AM

Yes, and I hope the next time you get pulled over the officer uses his first Amendment right and explains to you just what an asshole you are.

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Re: Black Friday Arrest
Posted by: Gravis ()
Date: November 25, 2007 10:01AM

XXX Wrote:
-------------------------------------------------------
> Yes, and I hope the next time you get pulled over
> the officer uses his first Amendment right and
> explains to you just what an asshole you are.


whiner.

it's obviously different if you are on the job than off the job. if he wants to tell me while off the job... well... apparently it's not his right.

i repeat: whiner.


"the wisdom of the wise will perish, the intelligence of the intelligent will vanish."095042938540

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Re: Black Friday Arrest
Posted by: XXX ()
Date: November 25, 2007 10:08AM

Why is it different if one is on the job? Cops are citzens to. They have first amendment rights as well. If the jackasses that feel like cops are just suppose to take their mouth and think there should be no consuquense for it, then why not let the cops invoke their right to tell you how they really feel about you.

Its not your right to run your mouth, curse and abuse anyone cop or not.

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Re: Black Friday Arrest
Posted by: Radiophile ()
Date: November 25, 2007 10:11AM

I would highly suggest you exercise your right of free speech when standing before the judge. I hear they like that.

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Re: Black Friday Arrest
Posted by: Gravis ()
Date: November 25, 2007 11:16AM

XXX Wrote:
-------------------------------------------------------
> Its not your right to run your mouth, curse and
> abuse anyone cop or not.


ORLY?

SHUT THE FUCK UP, JACKASS.

did i forget to mention, go fuck yourself?

i can say whatever the fuck i want if im not on the job. the reason you cant do such on the job is because of a contract you sign when you are hired. fuck you.

i think i've gotten my point across.


"the wisdom of the wise will perish, the intelligence of the intelligent will vanish."095042938540

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Re: Black Friday Arrest
Posted by: XXX ()
Date: November 25, 2007 11:22AM

Gravis Wrote:
-------------------------------------------------------
> XXX Wrote:
> --------------------------------------------------
> -----
> > Its not your right to run your mouth, curse and
> > abuse anyone cop or not.
>
> ORLY?
>
> SHUT THE FUCK UP, JACKASS.
>
> did i forget to mention, go fuck yourself?
>
> i can say whatever the fuck i want if im not on
> the job. the reason you cant do such on the job
> is because of a contract you sign when you are
> hired. fuck you.
>
> i think i've gotten my point across.



Please explain exactly what contract a cop signs that would waive his right to free speech. You are correct, you can say whatever you want, but I am sure its only while sitting in comfort behind your comp, tough guy..

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Re: Black Friday Arrest
Posted by: Gravis ()
Date: November 25, 2007 11:43AM

XXX Wrote:
-------------------------------------------------------
> Please explain exactly what contract a cop signs
> that would waive his right to free speech.


it's in every contract for a job. if you dont understand this, it's probably the reason you keep getting fired.


> You are
> correct, you can say whatever you want, but I am
> sure its only while sitting in comfort behind your
> comp, tough guy..


if you wish to meet in person, please register your name and Private Message me. i assure you, i speak my mind.


"the wisdom of the wise will perish, the intelligence of the intelligent will vanish."095042938540



Edited 1 time(s). Last edit at 11/25/2007 11:44AM by Gravis.

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Re: Black Friday Arrest
Posted by: The Preacher ()
Date: November 25, 2007 11:50AM

OUCH, XXX YOU JUST GOT FUCKING BEAT DOWN BY THE PREACHER. I REMEMBER WHEN SOME FAG BITCHED OUT OF MEETING UP WITH GRAVIS BEFORE. IT'S FUNNY HOW EVERYONE TRIES TO SAY THAT GRAVIS IS AN INTERNET TROLL WHO LIVES WITH HIS PARENTS BUT IN REALITY HE WILL ACTUALLY MEET UP WITH YOU TO TRY AND KICK YOUR ASS, NOTE I SAID TRY. GOOD LUCK TO YOU AND MAKE SURE SOMEONE COMES WITH A CAMERA. I'D LOVE TO SEE SOME SISSY GETTING HIS ASS WHOOPED ON YOU TUBE







Gravis Wrote:
-------------------------------------------------------
> XXX Wrote:
> --------------------------------------------------
> -----
> > Please explain exactly what contract a cop
> signs
> > that would waive his right to free speech.
>
> it's in every contract for a job. if you dont
> understand this, it's probably the reason you keep
> getting fired.
>
>
> > You are
> > correct, you can say whatever you want, but I
> am
> > sure its only while sitting in comfort behind
> your
> > comp, tough guy..
>
> if you wish to meet in person, please register
> your name and Private Message me. i assure you, i
> speak my mind.

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Re: Black Friday Arrest
Posted by: XXX ()
Date: November 25, 2007 11:51AM

Gravis Wrote:
-------------------------------------------------------
> XXX Wrote:
> --------------------------------------------------
> -----
> > Please explain exactly what contract a cop
> signs
> > that would waive his right to free speech.
>
> it's in every contract for a job. if you dont
> understand this, it's probably the reason you keep
> getting fired.
>
>
> > You are
> > correct, you can say whatever you want, but I
> am
> > sure its only while sitting in comfort behind
> your
> > comp, tough guy..
>
> if you wish to meet in person, please register
> your name and Private Message me. i assure you, i
> speak my mind.


Right it's the small print at the bottom of the contract that reads, I will not call citizens assholes. I forgot about that part. Funny I dont remember signing a contract when I got my job.

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Re: Black Friday Arrest
Posted by: Gravis ()
Date: November 25, 2007 12:04PM

XXX Wrote:
-------------------------------------------------------
> Right it's the small print at the bottom of the
> contract that reads, I will not call citizens
> assholes. I forgot about that part. Funny I dont
> remember signing a contract when I got my job.


start swearing at everyone when you are at work and see what happens. i believe it would be filed under something like "code of conduct." then again, you could go to HR and get a copy of the contract or ask them about it. hell, ask anyone at your work about it.


"the wisdom of the wise will perish, the intelligence of the intelligent will vanish."095042938540

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Re: Black Friday Arrest
Posted by: XXX ()
Date: November 25, 2007 12:25PM

The Preacher Wrote:
-------------------------------------------------------
> OUCH, XXX YOU JUST GOT FUCKING BEAT DOWN BY THE
> PREACHER. I REMEMBER WHEN SOME FAG BITCHED OUT OF
> MEETING UP WITH GRAVIS BEFORE. IT'S FUNNY HOW
> EVERYONE TRIES TO SAY THAT GRAVIS IS AN INTERNET
> TROLL WHO LIVES WITH HIS PARENTS BUT IN REALITY HE
> WILL ACTUALLY MEET UP WITH YOU TO TRY AND KICK
> YOUR ASS, NOTE I SAID TRY. GOOD LUCK TO YOU AND
> MAKE SURE SOMEONE COMES WITH A CAMERA. I'D LOVE TO
> SEE SOME SISSY GETTING HIS ASS WHOOPED ON YOU
> TUBE
>
>
>
>
>
>
>
> Gravis Wrote:
> --------------------------------------------------
> -----
> > XXX Wrote:
> >
> --------------------------------------------------
>
> > -----
> > > Please explain exactly what contract a cop
> > signs
> > > that would waive his right to free speech.
> >
> > it's in every contract for a job. if you dont
> > understand this, it's probably the reason you
> keep
> > getting fired.
> >
> >
> > > You are
> > > correct, you can say whatever you want, but I
> > am
> > > sure its only while sitting in comfort behind
> > your
> > > comp, tough guy..
> >
> > if you wish to meet in person, please register
> > your name and Private Message me. i assure you,
> i
> > speak my mind.






Ummm Preacher... I dont see the part where Gravis threatened to kick anyone's ass, however, I can assure you should there ever be a meeting, there will be no ass kicking on anyone's part. He can speak his mind all he's wants on the comp. I can however assure you that if he would choose to use his free speech infront of the wrong cop, he could get summones to court for it or possibly go to jail.

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Re: Black Friday Arrest
Posted by: The Preacher ()
Date: November 25, 2007 01:21PM

Im sorry XXX I didnt mean to get involved I am Gravis's alter ego, have you ever heard of the term self suck?

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Re: Black Friday Arrest
Posted by: a ()
Date: November 26, 2007 02:52AM

yet again the convo degrades to "meeting up to fight ppl"....awesome...ur all gay.

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Re: Black Friday Arrest
Posted by: bdimag ()
Date: November 26, 2007 09:35AM

dwi Wrote:
-------------------------------------------------------
> I thought cops just had to
> take what people said to them.


lmao... didn't catch that one at first

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Re: Black Friday Arrest
Posted by: Lurker. ()
Date: November 26, 2007 10:25AM

I'll ask again, so were you drunk in the line early in morning when the cops arrested you?

Simple question

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Re: Black Friday Arrest
Posted by: bdimag ()
Date: November 26, 2007 11:10AM

from what i read he was probably drunk as shit... some lady thinks he cut, so he drunkenly goes off on her, who in return probably made a big scene... and so somebody (maybe not even her) called the cops on him.. they come and he goes off on them "ITS MY AMERICAN RIGHT TO BE DRUNK IN LINE AT BEST BUY ON BLACK FRIDAY!!!"

..and now he is here to complain

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Re: Black Friday Arrest
Posted by: Julio ()
Date: November 26, 2007 11:18AM

Yup, looks like it's a legit charge. From today's Ffx City police report at http://www.fairfaxva.gov/Police/CBReport.asp?1789:

Disorderly /Arrest 07-19805
3600 Block of Chain Bridge Road – On November 23 at 1:52 p.m. a patrol officer was checking on a residence that is under construction when he noticed a subject entering the property. When officers approached the suspect he became disorderly and verbally abusive towards the officers. Matthew Egan, 32 of no fixed address, was arrested and charged with disorderly conduct, trespassing and curse and abuse. He is currently being held without bond at the Fairfax County Adult Detention Center.

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Re: Black Friday Arrest
Posted by: Vienna1 ()
Date: November 26, 2007 12:18PM

In court, request to perform community service work in exchange for dismissing the charges. Between 25-50 hours over the course of 6 months performed on the weekends should be sufficient. The secondary charge appears to be automatically added on to make dismissing the first charge more difficult. However, in this case, both charges should be easily dismissed after following through with what you will be instructed to perform. There should be apporximately $80 in court costs payable after the second hearing to show that you have successfully completed the community service hours.

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Re: Black Friday Arrest
Posted by: § ()
Date: November 29, 2007 02:01PM

I believe the "contract" you are referring to is also known as institutional policy. The department most likely has a code of ethics they must attest to upon employment. -§

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