I have inherited a Disorderly Conduct case that involves a citizen calling a police officer an "a**hole" at the conclusion of a traffic stop. Assuming that no other civilians were within earshot and the officer was the only person to hear the comment, is that enough to sustain prosecution under Sec. 42.01(a)(1) of the Penal Code? The issue seems to boil down to a question of fact regarding whether the defendant used language constituting "fighting words," or whether the language was merely derisive or annoying (GOODING V. WILSON, 405 U.S. 518 (1972). More fundementally, though, is the question of whether cussing and name-calling is ever enough to get you to Disorderly Conduct if the only listener is a police officer. Anyone wish to opine?

What John doesn't realize is that this case will never see the inside of a courtroom. While not to be condoned, that kind of language is just a punctuation mark in these parts.

but since it looks to be a busy day here in Amarillo, I'll just talk on here too.

When I was trained in basic TCLEOSE long ago, we were taught a peace officer can't be offended by language. Reason being, if an officer is incited to an immediate breach of the peace by someone calling him a name, then maybe he shouldn't be a cop.

I was cussed out or called names a few times as an officer - although not arrested for DOC, usually these people were, at the same time, doing something else worthy of a trip to the jail on an upholdable charge. And sometimes, they weren't, so they got to go.

What was the name/cite of that Austin COA case a few years ago that overturned a DOC conviction for flipping the bird to an officer? I can't recall it, but it would seem close to being on point ...

So glad you asked, Shannon. This User Site is getting to be a regular encyclopedia for important stuff. For the thread discussing that case, go to this link.

Guess the brief prepared by the Colorado public defender who represented the student who didn't get along well with his principal might come into play too. I do not remember the outcome of that case, but it had to do with a more indecent, profane or vulgar word. Of course, some lesser words can be fighting words under the right circumstances. Ste Marie, 32 S.W.3d at 449.

This one goes in the same category as those first degree threatening a police officer cases (when the law was first degree felony for threats only) where a handcuffed drunk is sitting in the back seat of the patrol car mouthing at the cop who arrested him. Awww, c'mon. Should we call the guy's mother and tell on him, too?

Maybe just give the cops a bar of soap to hang on their belt between the radio and the night stick.

Such potty talk is best recorded on video and used at the punishment stage of the trial. Kind of hard for the defendant to put on a good face with that stuff playing.

Again, I've said it before, but what bubble are these people living in that the word a-hole offends them? Cops and prosecutors in general have about the same sensibilities as sailors. Someone calling the cop a name isn't a crime -- it might not endear him to a jury, though. That's a different story than an outright threat to kill the cop. That, I can get offended by.