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State v. Mr. C (DMC No.7238)

DISMISSED – Disorderly Conduct, State v. Mr. C. (DMC No.7238) (Surprise Municipal Court No. CR07-00026): Mr. C. had come home from a fishing trip and had said hello to his neighbor. He had had previous police contacts at his house before. The neighbor would not acknowledge him, and Mr. C. became upset and began yelling, “Are you too good to say hi to me?” The yelling continued and his neighbor then called the police. Although Mr. C. was charged with Disorderly Conduct, we were able to show the prosecutor that this was not truly disorderly behavior and that his speech was protected by the First Amendment. The prosecutor agreed and all charges were dismissed.

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