Legal Question in Criminal Law in California

I was wearing a shirt that had the title of a popular rap song 'fuck tha police' to a concert in Orange County. I got pulled over that night and a cop told me to take the shirt off and drive home without it on. I refused and he said he would arrest me if I didn't. I asked him what law I broke and he said "the law of being an idiot". He arrested me for disorderly conduct and I was released 12 hours later and no charges were ever filed. On the police report he wrote down I was being belligerent and yelling, but he didn't mention the shirt at all. I want the police to pay for the towing charges. I sumbitted a complaint, but I got no response. This was a month ago. Is there any recourse I have or have we completely turned into a police state?


Asked on 7/23/09, 8:39 pm

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Wearing the shirt you describe was perfectly legal. There is a U.S. Supreme Court decision -- Cohen v. California, 403 U.S. 15 (1971) -- directly on point. The officer had no right to make you remove the shirt or to punish you for refusing. I encourage you to report this incident to the department and to the local ACLU chapter.

You can sue for false arrest, but the damages might not be enough to make the expense and aggravation worthwhile. The ACLU, however, might take your case for free. If it doesn't want to do so, it may be able to help you find another lawyer who will do so.

Good luck. Please let me know how this turns out.

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Answered on 7/23/09, 8:51 pm


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