Arguing with Police Officers Does Not Equal Disorderly Conduct
A Frequently Asked Question About Disorderly Conduct
In a recent Tennessee Court of Criminal Appeals decision in State v. Teddy Ray Mitchell, the court found that the Defendant’s actions by arguing with police officers did not violate the law against disorderly conduct. In this case, the Defendant attended a rally at the County Courthouse. Officers initially confronted him for parking in an area designated as a “no parking zone” due to the rally. Then, he was later confronted for attempting to bring an American flag on a standard flagpole to the rally, as flagpoles had been prohibited due to concerns that they could be used as weapons. The police officers testified at the trial that when they confronted the Defendant, he became irate and belligerent and used the flagpole against one of the officers when the officers arrested him.
Case Result & Appeal
After a jury trial, Mr. Mitchell was acquitted of the resisting arrest charges but was found guilty of disorderly conduct and sentenced to thirty days in jail. The Tennessee Court of Criminal Appeals reversed the decision, holding that the proof did not demonstrate that the Defendant acted threateningly.
If you are charged with disorderly conduct or any criminal offense, please contact Vince Wyatt or David Raybin at 615.256.6666.