Motorist who mouthed off to police has a civil rights case
Police officers must face claims that they arrested a man in retaliation because he talked back to them, even though they may have had a reason to stop him, the 9th Circuit ruled Friday.
Eddie Ford had been driving to work in Yakima, Wash., shortly after midnight on July 17, 2007, when he noticed a police cruiser following close behind him without trying to pull him over.
After stopping at a red light, Ford exited his car and asked the officers why they were following him.
Allegedly afraid for his safety, Officer Ryan Urlacher told Ford to return to his car and go.
When Ford complied, Urlacher followed him through the intersection, turned on his flashing lights behind Ford.
Ford pulled into a parking area, emerged from his car yelling, and then retrieved his license and registration from the car as instructed by Urlacher.
Ford asked whether he was being stopped because of his race, which is not otherwise described in the 9th Circuit decision.
Urlacher warned Ford to stay in the car or risk an arrest.
As Ford waited in the car for Urlacher to check his record, Urlacher told another officer that he planned to arrest Ford for violating a city noise ordinance, but that Ford might get away with just a ticket if he cooperates.
After putting Ford in handcuffs with help from his backup, Urlacher warned Ford: "If you run your mouth, I will book you in jail for it. Yes, I will, and I will tow your car. ... If you cooperate and shut your mouth, I'll give you a ticket and you can go."
Ford eventually heeded the officer's warnings and stewed in Urlacher's patrol car.
At this point, Lt. Nolan Wentz arrived on the scene and Urlacher apprised him of the arrest.
"Wentz stated that Ford had a 'hot head' and was 'getting worse over time,'" according to the 9th Circuit decision. "Wentz advised, 'I would not just write [Ford] a ticket and let him go ... I'd sign his ass up.'
Urlacher agreed and took Ford to jail."
"When driving to the booking facility, Ford asked why he was being taken to jail. Urlacher told him that it was because he was playing his music too loud and because he 'acted a fool.'"
http://www.courthousenews.com/2013/02/08/54714.htm
Ford v. Yakima, WA. Opinion:
http://cdn.ca9.uscourts.gov/datastore/opinions/2013/02/08/11-35319.pdf
Tips for talking to the police:
https://www.eff.org/files/EFF_Police_Tips_2011.pdf