[sinister porpoise]

Originally Posted by JohnJMS

Actually, in many municipalities, DISORDERLY CONDUCT--DISTURBING THE PEACE is the same thing. While technically you are correct, it was listed as disorderly conduct, they are the same thing.

Also, in Massachusetts and other states, such laws give police wide power to arrest someone acting abusively toward them in public.

Full quote..

Henry Louis Gates case: Should yelling at a cop be a crime? - State/Nation/World - Belleville News-Democrat

"You might think that in the United States, you have a right to state an opinion, even an offensive opinion. But prosecutors like to say you don't have a right to mouth off to the police," said Samuel Goldberg, a Boston criminal defense lawyer.

"Gates was saying, 'You are hassling me because I'm black.' I understand how that's offensive to a police officer," Goldberg said. "It's astounding to me to call it criminal."

Matt Cameron, a criminal defense lawyer in East Boston, said the state's law against "disorderly conduct" dates to the 1600s.

"It's a handy tool for the police because it is so broad and confusing," he said.

Police can arrest people, even in their own homes, for accosting them, interfering with an investigation or resisting a lawful arrest.

But Gates was not accused of interfering with an investigation.

"I would say it is not constitutional to arrest someone in his home just for being loud and abusive to a police officer," said Boston University law professor Tracey Maclin.