Legal Question in Traffic Law in California

Using Curse Language While Being Ticketed

After being issued a ticket, the officer says, 'Have a good day!' I replied, 'You too Asshole" and drive off.

The officer stops me again (as the officer approached my vehicle for the second stop, I place my camcorder on the dash board near the front passenger side, and turn it on).

The cop approaches my window, sees the camcorder, and demands that I turn it off. He reaching in the car, and removes the videotape. The officer then asked of me, what did I call him.

I told him, I said, 'You too, Asshole.' The officer replies, unless you apoligize, I'm arresting you for assault (using profanity in the presence of an officer, I guess). He said I could apoloigze or be arrested. I apologized (not wanting to be a another Rodney King.) He returns to his car, never returning my video tape!

1. Do I have a right to use (non-threatening) profanity in the presence of a peace officer?

2. Do I have a right to videotape a police officer during a traffic stop, or in public?

If you can provide me with case laws and/ or references, I'd like to research this before I consult an attorney.

Thanks in advance.


Asked on 4/20/00, 10:49 pm

1 Answer from Attorneys
Ken Koury Kenneth P. Koury, Esq.

Re: Using Curse Language While Being Ticketed

the answer to both questions is yes but you are better off to conceal the video if you can because a dirty cop (like the one you ran accross) will just steal the tape.

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Answered on 5/19/00, 1:31 am


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