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.

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