Disorderly Conduct???

By definition from Criminal Law Source:
Disorderly conduct is one of the most common offenses in the United States, and is often the result of unreasonable police officers giving someone a hard time until they lose their cool.
Disorderly conduct generally includes most kinds of unruly or disturbing behaviors, which acts to provoke a disturbance.

Examples of Disorderly Conduct
Disorderly conduct offenses vary widely by state. Here are some of the most common acts that are considered disorderly conduct offenses:
  • Public drunkenness
  • Inciting a riot
  • disturbance of the peace
  • loitering in certain areas
  • fighting / physical altercations
  • obstructing traffic
  • use of extremely obscene or abusive language
  • loud or unreasonable noise
Given the wide range of behaviors that could constitute disorderly conduct, a person may be arrested for this crime without proper cause. Virtually any socially offensive or disruptive conduct may be prosecuted as disorderly conduct.

______________________

Eb was arrested last night...and for disorderly conduct. You've read the examples of disorderly conduct and Eb did none of the above. Want to know why Eb got arrested... for asking NYPD Officer Henry Rivera a question.


Outside of Sin City in NYC I didn't even want to go but some friends were in town from Dallas with some cats from Universal Records and asked us to come by. When we walk up there are a million cops everywhere. They are announcing that no one else is getting in. We (me and my roommate) text the person that invited us and he says to just wait a couple minutes, they are holding the door but we already have your wristbands and already paid for you so I'll be out in a minute. At this time they make everyone leave from in front of the club. So we walk down the street.

Its just me and my roommate standing there and 3 cops come over to us and ask us to move.
Eb "We can't stand here on the sidewalk?"
Officer Henry Rivera "We need you to move"
Eb "Why can't we stand here on the sidewalk, we're not even near the club?"
Officer Henry Rivera "Do you want to get a summons that explains why you cant stand here"
Eb "What?"
Officer Henry Rivera "Do you want a summons?"
Eb "I'm going to get a summons for asking you a question?
Officer Henry Rivera "Do you want a summons?"

Then my roommate started video taping
 
Here is what was said if you didn't catch it.
Eb "No, I want to know how I am breaking the law. I would like to know that"
Officer Henry Rivera "Can you turn around? Can you turn around? You want a summons right?
Eb "You can't arrest me without telling me what I'm being arrested for.
Officer Henry Rivera "Alright, turn around.

I was not told until I got to the precinct what I had been arrested for... and Officer Henry Rivera had the nerve to say it was "Disorderly Conduct." He was seriously ego-tripping and mad that I wasn't some ignorant chick outside a club that doesn't know her rights. That is what I should have been charged with "knowing my rights."

This is the reason I hate cops. For the most part there is a psychological complex about them. Most of them aren't a cop to make the city better. They have an ego, small dicks, were teased as a kid, have issues with their own image. They are looking for something that gives them an essence of power so why not go into the profession of gun toating. I wish we had gotten video when we were standing in front of the club. One officer was slinging his night stick around like he was a drum major.

I'm still in awe of the night I had. Then when they are checking me in a lady cop asks me, you don't seem like the type that would be in a strip club anyway. What were you doing there? I tell her the situation of the people I was meeting and she goes "oh oh oh, you work in the music industry? I need to get your info because my daughter is a singer."

Are you serious??? You have handcuffs on me and you are talking to me about helping your daughter get on.



10 minutes after arriving at the precinct I was let go. Now was any of this necessary??? I'm sure that while you were harassing me... someone in NYC was raped, shot, killed, abused and yet I was arrested for standing on a public sidewalk and asking a cop a question.

20 comments

Rich Fitzgerald October 30, 2009 at 1:45 PM

So are you pressing charges, since you were clearly "traumatized" by the whole event. Not to mention the loss job opportunity and the pain and suffering you are going through. :)

Mizrepresent October 30, 2009 at 2:31 PM

It is clearly an abuse of power...and so sad. Sue them!

dejanae October 30, 2009 at 2:45 PM

the hell??!
u filed a complaint?

Peyso October 30, 2009 at 2:48 PM

I too hate cops but unfortunately, according to NYS Penal Code you were in fact guilty of Disorderly Conduct:

Section 240.20
"6. He congregates with other persons in a public place and refuses to comply with a lawful order of the police to disperse; or"

I guess every battle isnt worth fighting. It appears that you do not know your rights....

Eb the Celeb October 30, 2009 at 3:22 PM

@Rich - no charges to press... I'm just going to fight it in court.

@Peyso - I did not refuse to disperse. I asked the officer why we couldn't stand there. BIG DIFFERENCE. He had no reason for making us move and thus why he didn't answer the question and immediately started talking about a summons.

You have the right to question authority when you aren't doing anything wrong. As stated in the criminal law source "a person can be arrested for this without proper cause... its often the result of unreasonable police officers giving someone a hard time" and this is exactly what this was.

Peyso October 30, 2009 at 3:28 PM

@ Rich and @Eb - They'll probably throw it out.

@ Eb - Not doing it immediately counts as a refusal.

blackwomenblowthetrumpet.blogspot.com October 30, 2009 at 8:08 PM

Hi there!

This situation was really something else gurl!!!

It's a good thing that your friend was video-taping it!

I think that you absolutely have a case if you want to get a lawyer but the cops know that 99.9% of the folks that they bring to the police station will not do that.

Whenever you are brought to the station and not booked, THAT is just a police "stunt"...and there is no record at all that you were there. You need to request a copy of the actual police report and get the number of the police report.

IntrospectiveGoddess October 31, 2009 at 12:19 PM

Good Advice that Blackwomenblowthe trumpet gave you.

Ugh@Peyso. Seriously though dude, coming over here with that condescending ass comment, you dont even have a page and are going to blogs giving your little simple ass views....I'm not gonna even get into it

Anyway Eb, I am so sorry you had to go through something like that. I have heard about this happening before and I do think you should at least make a report even if you dont press charges.

This reminds me of what happened to Faith Evans, and she was slammed into a window and had glass pieces in her back, the cop pushed her downthe street as her back was bleeding and then she was charged with an offense!!!

Cops make it REALLY hard to respect them. And what you said about the reasons they get into the profession are right on the money!

Big Ups to your roomate, SHE WAS ON IT!!!

IntrospectiveGoddess October 31, 2009 at 12:27 PM

Oh and THA FUCKIN GALL of that woman police officer? Bitch are you serious? Tryna get a hookup and I have been falsely arrested? Your tone def ass daughter is the last fucking thing on my mind...I know that bitch was Black, I wonder what you told her

Peyso October 31, 2009 at 12:39 PM

@ IG & Eb - I apologize if it was condescending.

@ IG - I guess b/c I dont have a page my point is less valid? I hope thats not what you mean, b/c that would reflect poorly on your part. Technically, according to law Eb was wrong. Doesnt mean that officer applied the law correctly but I commented on what the law actually read and how so many people (including myself) claim to know their rights when they in fact do not. It looks like you're the one with the simple views

*Ms.B* October 31, 2009 at 5:21 PM

That was so uncall for ... People get a badge and let it go to there head. Everything will work out for you.

xxxx October 31, 2009 at 7:30 PM

Officers today do nothing but harrass people and abuse their powers. they fail to realize that we are the people signing their paychecks and feeding their families. last year i was arrested when an officer pulled me over for stopping at a stop sign too long, on my ticket he put failing to stop because i questioned him i to was arrested, its ridiculous. cowards behind a bage

@peyso actually you are wrong, i understand what the law reads but my boyfriend who is an officer himself says that it does not apply to what was caught on tape. that was clear harrassment

IntrospectiveGoddess October 31, 2009 at 7:53 PM

Peyso- The fact that you dont have page doesnt make your point less valid in this case your point isnt valid because clearly it just isnt Point Blank Period. My comment about you not having a page was just my way of throwing shade, it seems that people who commonly make what I originally viewed as a condescending comment are usually ones who are anonymous or dont have a blog to wish they have a medium to voice their views on a regular basis...if you feel the need to comment so much why not make your own space to which you can do that instead of coming on other people blogs?

Peyso October 31, 2009 at 7:59 PM

@IG - To answer ├Żour question, I do have a space where I blog. I'm usually the weekly male contributor on singlesisterspeakout. Its a cool blog, check it out sometime.

@xxxx-Legal technicalities are different from the practical application of law, that's where we're getting hung up.

♫Hershey's Kiss♫ November 2, 2009 at 1:11 PM

Go ahead and get you a lawyer and sue. That really was an abuse of power. They just have too big of an ego.

Black Yoda November 3, 2009 at 3:16 PM

Peyso, are you really Officer Rivera? :-) From what I've read and seen, it sounds like a case where he was frustrated from before and this was the last straw. In other words, he didn't want to answer no muh'fuckin questions (reasonable as they may be). He just wanted you to move. It's like having a bad day at work and then coming home and kicking the cat because it meowed too loudly. Unfortunately, you were the cat. Officers are supposed to be trained to act professionally and fairly especially since they are authorized to administer lethal force. Of course, it doesn't always work that way in real life. They also have a wide array of charges (and excuses) to do as they please. I got pulled over in PA once for having my faculty tag hanging from my rearview. The rectangular tag itslef is 3" by 2". You can barely see it behind the rearview. What was the reason given? Apparently, they're considered an obstruction of the windshield. What was the real reason? He saw a nigga in a nice care and wanted to run my shit and hopefully catch me on a bigger charge. There's the letter of the law and the spirit of the law. In my experience, regular black people get the letter of the law. White people or people with money get the spirit of the law. The best you can probably do is write a letter. Did you ask for his badge number? If not, just record the time and date of the situation. Also, detail every single negative rection he gave no matter how small. Try to avoid talking about what you think his motivations were. Give the exchange you wrote here. Talk about what you specifically heard him say to you and others. It may not have any effect, but starting a paper trail on him may have an effect when it comes time for promotions or if he does something else unethical.

Emeritus November 19, 2009 at 6:51 AM

im glad it was taped. too many incidents in the news have me pulling over and recording whenever a DWB or WWB occurs. physical evidence is helpful whatever you decide to do. I'm sorry it happened and hope it never happens again.

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