THE IMPACT OF POLICE EGO ON ARRESTS: A Detailed Review

Despite the poor audio and video quality, the first video linked below is from December 2023.

The linked video below is a classic example of someone charged with “contempt of cop.”

More about the incident: “A Vermont man was arrested on trumped-up charges after a state trooper took offence to his use of profanity and a middle finger during an unlawful traffic stop. The First Amendment squarely protects the right to criticize law enforcement, even in ways that individual officers find profane or insulting.”

For my Canadian audience, the same protections generally exist for people wishing to flip someone off. Telling a police officer that he is an “asshole” or to “fuck off” say, after he pulls you over for committing no offence, is considered “protected speech” in both Canada and the United States.

Contempt of Cop

For those who have never heard of “Contempt of Cop,” it is doing or saying something perceived as discourteous to a police officer. Such actions or inactions can consist of failing to act quickly enough or in a way that is soothing to the officer’s fragile ego.

Examples of what might happen when a police officer believes you to be guilty of “contempt of cop” – you are likely to be harassed (unlawfully detained, searched), insulted (be the unwilling recipient of a patronizing and unnecessary lecture [or directives] also known as “copsplaining”), in the U.S. you are very likely to be assaulted, and, as is the case linked above, possibly charged (with some generic, catch-all offence).

A deeper dive into the term and its origins: “Contempt of cop” is law enforcement jargon in the United States and Canada for behaviour by people toward law enforcement officers that the officers perceive as disrespectful or insufficiently deferential to their authority. It is a play on the phrase ‘contempt of court’ and is not an actual offence.

The phrase is associated with unlawful, arbitrary arrest and detention of individuals, often for expressing or exercising rights guaranteed by the United States Constitution (or the Canadian Charter of Rights and Freedoms). Contempt of cop is often discussed in connection to police misconduct, such as the use of excessive force or even police brutality as a reaction to perceived disrespectful behaviour rather than for any legitimate law enforcement purpose.

Arrests for “contempt of cop” may stem from an “occupational arrogance” when a police officer thinks his or her authority cannot or should not be challenged or questioned. From such officers’ perspective, “contempt of cop” may involve perceived or actual challenges to their authority, including a lack of deference (disobeying instructions or expressing interest in filing a complaint against the officer).

It is essential to note that “contempt of cop” situations may be exacerbated if other officers witness the allegedly contemptuous behaviour.

The System Almost Always Wins

While these bogus “contempt of cop” charges often get dismissed, the police officer (service or agency) still wins.

My cynicism or pessimism is grounded in that, after being charged, the accused must spend thousands of dollars on their defence, regardless of whether they are guilty. While most of these charges are ultimately withdrawn, or there is a stay of proceedings, the money the accused needed to spend to retain their defence agent is gone and the police suffer no professional or financial repercussions. It doesn’t matter whether their sworn information was righteous or vindictive. You’re out thousands and their back on the streets roughing up some other unlucky soul.

Beyond just losing hundreds or thousands on their defence, the accused had to undergo the embarrassing booking process, possibly spent time in custodial detention, the accused likely missed work (required to take unpaid leave from work or possibly even been fired), and may be discredited by those in their community because of this detention, arrest, or court proceedings. This is not to mention all the stress they experienced during the months or years it took to resolve their matter before the court.

The system won.

A Soul’s Right to Breathe

Some might say that – “perhaps you just should not tell a cop to ‘go fuck yourself,’” but that is completely missing the point. Setting aside the liberties we have here in Canada and the United States, many individuals have had negative experiences with law enforcement, primarily because of the delicate egos and disgusting and dangerous chauvinistic bravado that is rampant in this line of work.

The trauma many people have from being unnecessarily victimized, coupled with our soul’s right to breathe, grants us the legal and cathartic right to tell someone (or a uniformed representative of that trauma) to ‘go fuck [themselves].’

Notes on Qualified Immunity

Qualified immunity protects a government official from lawsuits alleging that the official violated a plaintiff’s rights, only allowing suits where officials violated a “clearly established” statutory or constitutional right. “Qualified immunity balances two vital interests—the need to hold public officials accountable when they exercise power irresponsibly and to shield officials from harassment, distraction, and liability when they perform their duties reasonably.”

While most police officers in most states are shielded by qualified immunity, it can be taken away, and in some jurisdictions in the U.S., this type of blanket protection does not protect the police from some forms of bad behaviour and misconduct.

In Canada, police officers do not have qualified immunity per se. Unfortunately, in Ontario, a different form of immunity exists for police officers out of a complete lack of oversight and several systemic and institutional barriers. While police officers can be named in complaints and civil action, complaints to organizations like the OIPRD overwhelmingly result in no meaningful or substantive action, and civil action is protracted and costly and almost always inadequate or unfulfilling.

• I DIDN’T PLAN TO BECOME A TEACHER: The Students Who Made Me Stay
• JUSTICE ENDS WHERE POLICING BEGINS: The Shameful History of Policing The Gay and Trans Community in Canada
• RAISED BY PLACES UNSEEN: The Quiet Way Borneo Found Me
• ALONE AGAINST THE SYSTEM: Fighting Police Misconduct in Ontario Means Surviving It
• PART 3 – NO PERMISSION NEEDED: What Was Once Shame Has Become Pride