The man arrested by Jonesboro police after he'd taken a video of them during a traffic stop and called them Nazis won't be prosecuted for disorderly conduct. Matt Harden announced on his Facebook page that charges were dropped for his "agreeing not to sue." His YouTube video of the event — with officers barging onto his property and demanding ID after he'd called out to them — got wide play and was mentioned on cable news programs.
This case got worse before it got better and Harden's lawyer, Donn Mixon, filled me in on the details.
After cops entered Harden's garage without a warrant; after they demanded ID for a non-crime (criticizing a police officer); after they arguably committed a battery of Harden by grabbing his camera; after they arrested him — then they searched his garage and found a handgun. Harden was charged with being a felon in possession of a weapon. Two problems: 1) He has no felony record (despite Jonesboro police efforts to smear him by saying he'd once been mentioned as a potential suspect in a burglary) 2) he has a permit to carry a weapon.
Harden was held 24 hours before police discovered they'd filed an erroneous charge. But the disorderly conduct charge still pended. Finally, the city attorney's office said they'd drop the charge, in return for a waiver that Harden not sue over his handling. Harden's no choirboy. But the law couldn't be clearer. Shouting at a police officer isn't a trumped-up crime like disorderly conduct or obstructing government operations, not even if you call a cop a Nazi.
Here's Harden's waiver. (Link corrected.)
The Jonesboro police said:
Agreement Reached in Cameraman Arrest Case
After negotiations between a Jonesboro man who was arrested after videotaping police officers conducting a traffic stop near his residence while shouting “Nazi, Nazi, SS” and accusing the officers of violating the rights of the subject of the traffic stop, the Jonesboro City Attorney’s office and the man have both agreed to discontinue any course of action which may have led to either prosecution or civil litigation.Early yesterday, Assistant City Attorney Carol Duncan met with Donn Mixon, a local attorney representing Matthew T. Harden in the case. Citing the need to put the matter to rest in an effort to resolve the issue in the best possible way for all parties involved, the agreement was reached.
Police officers are routinely forced to make split second decisions which encompass sometimes very complex areas of law. Since the incident and subsequent arrest of Mr. Harden, the Jonesboro Police Department and Prosecutor’s Office have fielded many calls on where the line may be drawn between a person’s right to free speech and the duty a police officer has to keep the peace.
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“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” Bill of Rights to the United States Constitution, First Amendment
Zatharus - If you can make NO law limiting speech in any way, does that mean it's okay to yell "fire!" in a crowded theater? Should that be legal to do?
Don’t bother to quote the US constitution in these parts, they don’t cotton to it on them there liberal blogs.
“A liberal is a man too broadminded to take his own side in a quarrel.” Robert Frost
D-bag cops take offense to being called Nazis, then proceed to act just like the Gestapo. Typical. Never met a cop that wasn't the typical drunk in a bar likes to fight guy. Same types that bust people for having a pot seed on their floor, or a roach in their ashtray.
Big libs need to propose some massive reforms in this area, reign in these Gestapo type cops, this is long over due. Massive and severe penalties should be initiated on these types of rednecks.
“Harden's no choirboy.”
With that nobody can disagree. Wonder what his next publicity stunt will be, and if the cops will fall for it again? Charles Eddie pretty much told this story yesterday, but here’s a bit more for those interested in this pathetic excuse for a human being.
http://www.pet-abuse.com/cases/1539/AR/US/
Thanks for looking that up Durango, I looked yesterday but didn't find it so what I posted was strictly from memory and it ain't what it used to be. Too bad none of the charges will stick because he deserves to be drawn and quartered on the square considering he only got ONE day in jail for the senseless killing of a beloved pet.
But that is still no excuse for D-Bag cops behaivor in this situation. Cops should be held to a much much higher standard of behaivor and conduct, and that does not include arresting peeps for calling names, coming onto property without warrants and without probably cause, and generally acting like Nazis, just like the loser said.
Shucks!! I wanted to see a lawsuit for illegal search and seizure. In fact, I would like to see a lot of those lawsuits.
Harden may be an idiot and when younger, a cruel animal torturer. But, rights are rights and when you dismiss the "others" rights you dismiss your own whether you have ever treated animals cruelly or not.
Because the young fellow committed one crime doesn't entitle the police to commit illegal acts against him.
We don't have enemies of the state because some bloggers decree it.
.
Oh, and I would change the headline
"Justice comes to Jonesboro "
to 'Avoidance and Deal-making come to Joneboro'
.
Total disappointment. Hardin should have told them to take their charges and waiver an shove it. For a guy screaming about his rights he should have exercised them to the fullest by taking this to court and then filing suit. How else will the cops learn? How else is the next guys rights (the next guy WITHOUT a camera) be safe? Seems like the cops and city walked and Hardin got a day in the clink. Total disappointment.
The fact that he is such a scumbag is all the more reason for the police to show that they are professionals. They allowed him to compromise them; this is something a police officer is never supposed to do. They lost their cool, and thereby suffered a great deal of harm to their reputation. And the bad guy won, because he is laughing.
Sorry to disappoint, but I am glad for Hardin.
While what he did may be distasteful, it is his right to do so - and yours and mine if we so choose to do so.
To find and make reason otherwise would result in repealing rights and giving up protectionism for all of us.
Next time let Harden wait for a black cop to walk by (do they have those in Jonesboro?) and yell, "Get out of my sight you stinkin' nigga" and see what happens."
I think the cops were lured over the line, but they behaved 97% better than I would have guessed. I could be wrong, but I suspect if they had ignored him, we would have heard the verbal harrassment escalate continuously.
Public order vs civil rights. Where are the limits?
Saying the cops are dirtbags is pretty heavy handed, and ignorant. They got their pee-pees whacked, so there is a lesson learned, though I don't think Hardin learned much, except how to be a provocative loon. Had the opportunity to call a cop a Nazi, in front of a school principal. ON front of other fellow officers over an issue where she had over reacted to a tiff between my daughter and two other girls. We presented ourselves with the girls being forced to apologize to my daughter, the school cop had to apologize in front of her brother officers and an apology from the principal. The cop of question apologized then told me she was just doing her job, to which I reminded her that is what was said at Nuremburg. Shocked, she asked me if I was calling her a Nazi. I just told her if the armband and jackboots fit... Nothing came of it, though with a bit more prodding, I was able to get the cop in question removed from any school campus in Glendale. Actually, my then-wife had her removed from any school campus, I just got her booted from the one where my daughter attended.
Thing is, this was one cop in a thousand. I had my day, she had her moment, and it cost her. It cost the Jonesboro cops, too. This kind of reminds me of the gang ways, where one gang hurt another, but not civvies. A zero sum loss. Cops weren't stellar, but neither was Hardin.
Being as hateful of cops is as ignorant as adoring of them. Balance.
Steven - please explain what this cost the Jonesboro police? One less arrest on their record?a little embarrassment? Not sufficient in my book because they weren't reprimanded in the public eye.
And this waS not a zero sum game either. THe 1st Amendment lost a point to some meathead cops using their authority improperly. Once again, what happens when the next citizen speaks his mind outloud in public but he/she doesn't have a camera running? I have a feeling more of these charges stick than are dismissed.
Hardin - if you're reading this, please explain why you laid down to the same authority you were so willing to stand up against?
YOu have to think of the parties involved. As I said, I have have not only called one cop a Nazi with no ill effect, but I openly ridiculed one in front of his partner.
Hardin is hardly a hero fro provoking an issue with cops whose BS threshold was sadly low. Hardin knows he behaved badly, which is why they are both happy to sweep this under the rug.
I doubt Harden thinks he behaved badly. He's too damn stupid. Consider first his reported dining history, then think about one thing, among many, that you hear on the tape. He tells the cops he has a right to say nothing, then with barely enough time to catch his breath, he yaks on.
My guess? The guy still lives with his folks or at least they're picking up the tab for everything including his lawyer. Money, or the lack of it to pay said lawyer, might make a big impression while you're sitting in a jail cell.
So the truly upstanding citizen who next encounters Jonesboro's bad cop attitude will still be out there on his own.
Its amazing if you post anything about his dog incident on his video he will ban you and remove your comments. This Constitutional Defender practices censorship. My Hero
This is some funny sh^t....
Hell, folks, all he did was pose for a picture with them. They are citizens…
Thanks to elwood for important citywire story on the newspapers of NWA. Plainjim has it…
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