Top 5 Excuses Cops Use to Approach You on the Street

If you read my full story on http://bipolarlivesmatter.org, or on Medium, you will see that the police approached me and denied me entrance to the 24 hour county hospital. They said I was drunk, and should just go back to my hotel. When I said no, five cops beat me on the street while I hollered to stop, and they arrested me for trespass and disorderly conduct. Instead, I was simply having my first manic episode in 2003, and I NEEDED to go to the hospital.

In this article we look at those two laws and others that police use to approach people on the street just because they don’t like the way you look.

Trespass: While you might think of trespassing as entering a property that has signs (which it is), Minnesota Statutes, Section 607.609, Subdivision 1, Section (b)(11) provides: “A person is guilty of a misdemeanor if the person intentionally:”…”(11) crosses into or enters any public or private area lawfully cordoned off by or at the direction of a peace officer engaged in the performance of official duties. As used in this clause: (i) an area may be “cordoned off” through the use of tape, barriers, or other means conspicuously placed and identifying the area as being restricted by a peace officer and identifying the responsible authority;.” So, when I tried to enter the ER and the cops told me it was closed, which it wasn’t so I disobeyed their order to leave the hospital and was therefore guilty of Trespassing on a 24 hour public facility.

Disorderly Conduct: Here too, I was charged under subsection (3). That section is a catchall and apparently they arrested me for allegedly yelling outside the hospital. Here’s the whole first part of the statute:

Minnesota Statute Section 609.72, Subdivion 1 starts: “Whoever does any of the following in a public or private place, including on a school bus, knowing, or having reasonable grounds to know that it will, or will tend to, alarm, anger or disturb others or provoke an assault or breach of the peace, is guilty of disorderly conduct, which is a misdemeanor:

(1) engages in brawling or fighting; or

(2) disturbs an assembly or meeting, not unlawful in its character; or

(3) engages in offensive, obscene, abusive, boisterous, or noisy conduct or in offensive, obscene, or abusive language tending reasonably to arouse alarm, anger, or resentment in others.”

Well, when the police beat me, I admit that I yelled “Get the fuck off of me and stop beating me in the street when I am doing nothing, you assholes.” I think that allegedly violated (3).

Public Intoxication: Drunk driving is a real crime. Public intoxication is an excuse for any cop to approach someone anywhere as long as they have beer breath. Here’s the law in Texas:

Under Texas Code Section 49.02, “A person commits an offense if the person appears in a public place while intoxicated to the degree that the person may endanger the person or another.”

In order for the prosecution to prove an individual was guilty of public intoxication, they must show that the defendant was:

1. in a public place,
2. intoxicated, and
3. to the degree that the person may endanger the person or another.

A danger to the person or another can be subjective. Generally, an intoxicated person sitting on a bench would not be considered dangerous. However, a person walking down the sidewalk and stumbling into the street could be considered to be in danger if they walked into traffic. Additionally, someone who is bumping into people or trying to start a fight could be considered a danger to others. While “generally” an intoxiacted person walking into a hospital would not be considered dangerous, but the police make excuses to beat people.

Again, this is another crime that allows police to approach a lot of people on the street.

Disturbing the Peace: Disturbing the peace, also known as breach of the peace, is a criminal offense that occurs when a person engages in some form of unruly public behavior, such as fighting or causing excessively loud noise. When a person’s words or conduct jeopardizes another person’s right to peace and tranquility, he or she may be charged with disturbing the peace.

Laws exist that make it a crime to create a public disruption or commotion. These laws vary from state to state, but they typically prohibit:

• Fighting or challenging someone to fight in a public place;
• Using offensive words in a public place likely to incite violence;
• Shouting in a public place intending to incite violence or unlawful activity;
• Bullying a student on or near school grounds;
• Knocking loudly on hotel doors of sleeping guests with the purpose of annoying them;
• Holding an unlawful public assembly;
• Shouting profanities out of a car window in front of a person’s home over an extended period of time;
• Allowing excessive dog barking in a residential area; and
• Intentionally playing loud music during the night that continues, even after a fair warning.

In most states, the person’s conduct must have been on purpose (willful) or with bad intent (malicious).

Common actions that do not constitute disturbing the peace can include: Accidentally bumping into someone; and giving someone a gesture such as the middle finger.

Disturbing the Peace or Breach of the Peace can be used where the state does not have a disorderly conduct statute, as the two statutes can be used in the same way to harass people with mental illness or who look funny.

Loitering: Arkansas Code Title 5. Criminal Offenses § 5–71–213, provides in relevant part:

(a) A person commits the offense of loitering if he or she:

(1) Lingers, remains, or prowls in a public place or the premises of another person without apparent reason and under circumstances that warrant alarm or concern for the safety of persons or property in the vicinity and, upon inquiry by a law enforcement officer, refuses to identify himself or herself and give a reasonably credible account of his or her presence and purpose;

Photo by AJ Colores on Unsplash

…(3) Lingers or remains on a sidewalk, roadway, or public right-of-way, in a public parking lot or public transportation vehicle or facility, or on private property, for the purpose of asking for anything as charity or a gift:

(A) In a harassing or threatening manner;

(B) In a way likely to cause alarm to another person; or

…(6) Lingers or remains in a public place for the purpose of unlawfully buying, distributing, or using a controlled substance;

(7) Lingers or remains in a public place for the purpose of unlawfully buying, distributing, or consuming an alcoholic beverage;

…(b) Among the circumstances that may be considered in determining whether a person is loitering are that the person:

(1) Takes flight upon the appearance of a law enforcement officer;

(2) Refuses to identify himself or herself;

(3) Manifestly endeavors to conceal himself or herself or any object; or

(4) Has acted in a harassing or threatening manner or in a way likely to cause alarm to another person after sunset or before sunrise.

…(e) Loitering is a Class C misdemeanor.”

Again the cops can use a statute like this to harass mentally ill and homeless people.

If you want to join our efforts to reduce police violence against the mentally ill, please come to our website.