Know Your Rights!
How I Almost Got Arrested Last Night
By Joe Prebich, 9-16-05
We have all had our run-ins with them. From speeding tickets, to youthful indiscretions, the police have some how always managed to be there to crash the party, often times very literally. But what happened to me last night was beyond the scope of even what I thought the police were capable of sinking down to. They took away my right to free speech.What did I do to deserve this kind if treatment? I said the "F" word in public and I almost got thrown in jail for it. It all started at 2a.m.. My fiancé and I were unlocking our bikes from in front of Worden's. The policeman was driving down Higgins towards us and turned down the road that leads to the Old Post. Nadine was on the corner waiting for me to bring the bikes, and as the cop turned the corner he was staring at her and waving at her in a sly kind of fashion. This was strange enough in and of itself, but as he stared he proceeded to drive down the wrong side of the road. That was weird, but what happened next was even stranger. About a block down the cop hit the brakes, whipped a U-turn and proceeded to drive back towards us. Again he pulled up next to Nadine, and stared at her and waved. Nadine awkwardly waved back, looking very disturbed.
This was just unacceptable to me. This guy was very strange and was so obviously staring at Nadine that it sickened me. So, as he proceeded past Nadine for the second time, smiling in that disturbing fashion, I told him to "Keep fucking driving". I didn’t yell it, nor did I say it aggressively.
Well, when he heard that the cop slammed the car into reverse, and jumped out and got right in my face, yelling at me, telling me that I ruined his night, and that I was going to jail for violating the public ordinance against the "F" word.
He was in my face and very intimidating. I froze, what to do? I thought that I knew my rights and free speech is something that I highly doubted the city would regulate against. But, he was angry, so much so that he called in another squad car and within minutes I was surrounded by three officers; one in my face, one behind me and the other on my left side. All three of them were telling me that I was going to jail.
Now, Nadine was scared, actually shaking. She was telling me that she just wanted to go home. Through the night I had had two drinks and was not intoxicated, we just wanted to go home and sleep. But the cops wouldn't let me leave, they ran my driver's license and continued to make me apologize for saying a word.
What do I do? Stand up for myself, three cops threatening to take me downtown, and me without enough money to pay for any citation if I would have received one, so I caved, and apologized. I was humiliated, as a man, in front of my fiancé and in my own psyche. The cops had done their job, made me grovel, and now I regret it.
So, today I went to action, trying to find the ordinance that the cop said gave him the right to put me in jail. And after a quick check with the city clerk, I found that as far as I could see there were only three ordinances that dealt with profanity and after reviewing one of them, I found that it didn't apply to my situation. And the others, I was not able to view, so, I am uncertain if there actually is such an ordinance. But, I found this article that reaffirms the city of Missoula position on our individual civil liberties.
Here is an excerpt from this document:
-Now therefore be it resolved that the City Council of Missoula, Montana, reaffirms allegiance to civil liberties guaranteed in the Bill of Rights, the U.S. Constitution, and the Montana Constitution, as core values of our society and nation, and allegiance to the procedures that protect them; and opposes in Missoula the possible curtailments of people's civil liberties or any diminished accountability for law enforcement agencies, be they local, state or federal; and reaffirms that the Missoula Police Department works to preserve the people's freedom of speech, religion, assembly, and privacy; rights to counsel and due process in judicial proceedings; and protection from unreasonable searches and seizures...-
Now according to this document what went down last night should never have occurred. I was not breaking any laws, wasn't drunk, I wasn't even loud. I was just disgusted at the way a person, cop or not, was visually degrading someone I care for deeply. I would not be happy if any person treated her as an object and I was furious at this policeman’s cavalier attitude. The audacity!
Today I am angry, but last night I was tormented. I had been broken down under a veil of lies and threats. All of this incited by a man that was supposed to "protect and serve."
I feel that no person, rich or poor, student or professional, should be degraded by another person simply to prove a point.
So, Officer Randy Widdicombe, I get it, you had the power. But, from now on, I will do what I can to make it known that I do not agree with the way this situation was handled and I do not agree with your principles for "protecting and serving" our community. And I will advise people to steer clear of you and your policing tactics.
[End of article]
Joe, I completely appreciate your article. I too think it's unfair to be strong-armed into voicing insincere apologies, just because someone in a position of power is involved in the situation.
Comment By Mark Hebert, 9-18-05What comes around goes around...
Dateline 1993, the summer
Two friends DJ (black) and KH (white,) both 19 at the time, where minding their own business when they were stopped on the side of a busy San Diego road by three of SDPD’s finest, called derogatory names, fingered and photographed for the gang file, literally pushed and pulled in various directions and had threats of being set-up to take a fall for a burglary or some other nonsense’s.
Flash to 1993 the fall
KMH, gainfully employed as a worker of a fast-food dive, recognized the voice of someone familiar over the drive through intercom, looked out the window to see who it was and almost pissed his pants when he saw a SDPD black and white. An order came from the copper requesting three taco’s…what the fine law enforcement official received was one of three tacos smothered in hacked-up flem and little bits of smoker-lung. Mess with the bull etc…
Your copper will get his
Hey thanks for your comments, I will be updating this story as it proceeds along the legal avenues. I will keep everyone posted.
Thanks
Noone should have to be degraded just to make a point. It sucks that he has to put up a "veil of lies" in order to get a petty apology out of you, just to fuel his ego. Sorry to hear what happened to you and your fiance, and glad to hear you are doing something about it.
Comment By Tony Lewis, 9-19-05"What do I do? Stand up for myself, three cops threatening to take me downtown, and me without enough money to pay for any citation if I would have received one, so I caved, and apologized. I was humiliated, as a man, in front of my fiancé and in my own psyche. The cops had done their job, made me grovel, and now I regret it."
Understand that you should have done nothing but kept quiet AFTER he confronted you. Never say one word in this situation, only comply with what the Officer asks of you, ie, name and ID.
ALWAYS AND I MEAN ALWAYS, LET THEM TAKE YOU TO JAIL WHEN IN THIS SITUATION. Its costly to the city and embarassing for the cops. One night in jail is nothing comapred to the shame and intimidation you have now. You will know better next time. For moreon dealing with the LEO's among us, check out the Rap at http://www.rainbowfamily.org .
ooops, bad link...sorry!
do a search, you will find it. RFOLL has many tips on dealing with leo's. find it!
Thanks for your tips. I agree in hindsight I would have just held out my hands and hoped for a night in the clink. But now, they have indvertanly armed me with knowledge and the next time I will be ready. Thanks
Comment By Tony Lewis, 9-19-05Gosh, I sounded harsh! But you get the idea. Mr. Beat cop means well but when stuff like this gets back to the station, Mr. Watch Sargeant will go nuts. Its a simple threat on the cops part, he knows most people fear jail. Dont. Unless you have killed someone.
I have stood down many leo's but you have to know when youre breaking the law and when youre not.
Testosterone aside, the more frightening aspect of this story is that a uniformed police officer felt it was okay to "flirt" with a young woman who appeared to be alone at midnight... Women dont dig this kind of attention especially when the individual is wearing a badge.
Nadine should file a formal complaint. Their should be no doubt to the Missoula Police that this officers behavior was unacceptable from start to finish.
I completely agree with Karen. It's scary enough to be downtown at
night when you are a girl. It is completely unaccecptable for a cop to cross the line from a protector to leering like a predator.
Joe, thanks for the interview last night. I came across this while I was researching more for the story. Thought you might find it of interest,or humor.
http://www.ci.missoula.mt.us/police/
The fact that a woman out late needs to put up with the leering, drooling eyes of a man is so pathetic. He should be ashamed of himself!!! This indeed was harassment to both of you and it seriously gets me steamed when I think of the power and control that police can take advantage of when given the chance. This officer should be reprimanded and his name should get to his supervisor. Missoula depends on the University and all its students for a great part of its economic base. Instead of being a drooling obnoxious ---hole, if he thought there was a problem, he could have asked one or both of you if you needed some assistance. Keep calm and let it happen....stay safe....
Comment By Joe Prebich, 9-20-05Thanks everyone for the comments. This is exactly why I wrote this piece, so that more people will continue to talk about the incident and make it known that that kind of behavior is totally unacceptable.
Comment By Greg Cohn, 9-20-05Gonzo blog journalism! Strong, joe.
Comment By Joe Prebich, 9-20-05Hey, thanks again to everyone that commented on this article. I just thought that I would let you all know that my new post on this subject, The Education of an Utterance" is now online.
Check it out here: http://www.newwest.net/index.php/city/article/3432/C11/L8
Thanks!
Heck, I think Joe made up this story. Why would you do that Joe?
Comment By Jamee Greer, 9-25-05Before I continue on, I'd like to say that I know there are several great cops on the Missoula force that are extremely helpful citizens.
But I have been on the receiving end of harrassment from cops TWICE now because some homophobe had a headtrip.
I am starting to think that something is wrong with the MPD. Am I alone here?
Joe, when you say "fuck" to a cop you've crossed a line of civil behavior.
Having done so, you better be ready to back it up or take the consquences. I realize that hindsight is 20/20 and I could have easily said the same thing in the same situation.
If you had said, "Keep fucking driving" to some non-cop jerk who was driving by and he jumped out and intimidated you with three of his buddies would you have posted this?
As Tony Lewis said above, once you've entered into interaction with a stupid officer, your only replies should be, "Yes, officer, No officer." Let them do the stupid shit. And don't be intimidated by number of cops. You're an American and the onus is on them. And you can mess with them by asking that they move the discussion to the area in front of the cop car, which is being recorded.
Saying, "fuck" in public is not a free speech issue. Saying "fuck" to a cop is especially not a free speech issue.
And thank you for posting the name of the cop.
Helena
Helena, first thanks for posting a comment and reading NewWest, second, let me say that not only is this an issue of Freedom of Speech it is more a coduct issue in the way that the officer was gawking at my fiance. That type of degrading behavior, cop or not, is unacceptable. Was my response rash, yes, but I was frustrated at the way he was humiliating himself by so openly chekcing her out. THAT is the main issue, the one of man in power, women in helpless position, and then when that same man in power obviously overreacts towards me, is becomes even more frightening for the woman. I understand some people may not see swearing as freedom of speech, but I do. Cops are not above the law, they are just people.
Would you agree that the most disturbing thing about this article is the cops conduct?
Helena,
While I dont condone Joe's verbal error, it is up to the cop to show restraint. Isnt that part of their training?