Las Cruces, NM asked in Constitutional Law for New Mexico

Q: Can a person be arrested for disorderly conduct if he/she left a very profane message for a police officer?

A police officer and a us marshal went to a woman's house and asked if she had seen a person under warrant for an arrest. She said no and the officer left his card with her and left. The following day her son called and left a message using very foul and abusive language for the deputy threatening to sue him if he questioned her again. The man was obviously mislead by his mother and was under the impression that she was held and gunpoint during questioning. The man was arrested the next day for disorderly conduct. Was this a violation of his constitutional right to freedom of speech? And, was the arrest justified?

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1 Lawyer Answer
Robert Jason De Groot
Robert Jason De Groot
  • Criminal Law Lawyer
  • Deltona, FL

A: Perhaps to the first two questions. We do not know for the third. He needs a private criminal defense attorney to investigate all the facts and circumstances.

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