Page 45 - Critical Tasks in Law Enforcement 2020-2021 Sessioin
P. 45

Task: Disorderly Conduct Arrests/Speech






          Houston v. Hill, 482 U.S. 451 (1987).

               Police officers are not justified in making arrests for disorderly


               conduct-type charges, where an individual questions or otherwise
               criticizes an officer’s actions.






          • The Court suggested that even fighting words, when directed at an

               officer should be treated differently since trained officers are unlikely

               to respond to such words.

          • “The freedom of individuals verbally to oppose or challenge police

               action without thereby risking arrest is one of the principal

               characteristics by which we distinguish a free nation from a police

               state.”








                                     ©2021 Jack Ryan  Legal & Liability Risk Management Institute                                    44
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