Teh One Who Knocks
06-14-2011, 12:18 AM
By Michael Roberts - Westword
Last year, Robert McIntosh Jr. was so unhappy after being stopped for speeding that he dropped multiple f-bombs on the deputy who wrote him up. The immediate result? McIntosh's arrest. But now, Boulder County has agreed to pay a $20,000 settlement, and McIntosh's attorney, David Lane, thinks that's appropriate. "We have free speech in this country, and you have to have probable cause to be arrested," he says. "And when cops abuse their authority, it makes us all less free."
According to the arrest report on view below, Deputy Sheriff Tim Lynch stopped McIntosh in the Town of Superior after a radar gun caught him driving 41 miles per hour in a twenty-mile-per-hour school zone designated by a flashing light.
McIntosh wins Westword's "Shmuck of the Week"
Although McIntosh was talking on his cell phone as he motored through the zone (and hadn't finished his conversation when Lynch pulled him over), he kept his lips zipped as he handed over insurance and registration. But when Lynch gave him a ticket moments later, he says McIntosh told him a warning would have been sufficient. After Lynch disagreed, McIntosh pointed out that the speed limit for the area is usually 35 miles per hour, then said Lynch was being a "fucking ass... you know it." He added that he'd see the deputy "in fucking court."
Lynch informed McIntosh that if the abusive language continued, he'd arrest him. McIntosh responded by glowering at Lynch -- and when he took back his license and registration, he yelled, "Screw you!" Lynch reacted by taking McIntosh's keys, calling for backup and arresting him.
McIntosh didn't meekly accept punishment for his language. Instead, he hired Lane, who sent a letter to Boulder County alleging civil rights violations of the First and Fourth Amendments. Potential litigation was squelched by the county's decision to pay $20,000 to make the matter go away.
In Lane's opinion, "the significance of this case is that cops just have to learn that you're allowed to criticize them. You're not committing a crime by being critical of cops -- and because this cop has a thin skin, it cost the taxpayers of Boulder County $20,000."
Not that Lane limits his harsh words to the deputy alone. "Boulder County doesn't adequately train their cops," he maintains, "and failure to train and supervise is actionable in and of itself."
This incident is the second of its type in recent weeks. Note that Shane Boor was busted for flipping off a Colorado state trooper. After the ACLU agreed to defend him on First Amendment grounds, the allegation against Boor was dropped.
These incidents may seem minor, but Lane believes they have larger import.
"This may be a little flowery, but when you're standing outside, when does it become nightfall?" he asks. "There's no moment where darkness descends, but you know when it's dark, and you know when it's getting dark. And every infringement of civil rights adds to the darkness. That's why every one of these cases, no matter how small, needs to be fought. And that's why we bring them."
Last year, Robert McIntosh Jr. was so unhappy after being stopped for speeding that he dropped multiple f-bombs on the deputy who wrote him up. The immediate result? McIntosh's arrest. But now, Boulder County has agreed to pay a $20,000 settlement, and McIntosh's attorney, David Lane, thinks that's appropriate. "We have free speech in this country, and you have to have probable cause to be arrested," he says. "And when cops abuse their authority, it makes us all less free."
According to the arrest report on view below, Deputy Sheriff Tim Lynch stopped McIntosh in the Town of Superior after a radar gun caught him driving 41 miles per hour in a twenty-mile-per-hour school zone designated by a flashing light.
McIntosh wins Westword's "Shmuck of the Week"
Although McIntosh was talking on his cell phone as he motored through the zone (and hadn't finished his conversation when Lynch pulled him over), he kept his lips zipped as he handed over insurance and registration. But when Lynch gave him a ticket moments later, he says McIntosh told him a warning would have been sufficient. After Lynch disagreed, McIntosh pointed out that the speed limit for the area is usually 35 miles per hour, then said Lynch was being a "fucking ass... you know it." He added that he'd see the deputy "in fucking court."
Lynch informed McIntosh that if the abusive language continued, he'd arrest him. McIntosh responded by glowering at Lynch -- and when he took back his license and registration, he yelled, "Screw you!" Lynch reacted by taking McIntosh's keys, calling for backup and arresting him.
McIntosh didn't meekly accept punishment for his language. Instead, he hired Lane, who sent a letter to Boulder County alleging civil rights violations of the First and Fourth Amendments. Potential litigation was squelched by the county's decision to pay $20,000 to make the matter go away.
In Lane's opinion, "the significance of this case is that cops just have to learn that you're allowed to criticize them. You're not committing a crime by being critical of cops -- and because this cop has a thin skin, it cost the taxpayers of Boulder County $20,000."
Not that Lane limits his harsh words to the deputy alone. "Boulder County doesn't adequately train their cops," he maintains, "and failure to train and supervise is actionable in and of itself."
This incident is the second of its type in recent weeks. Note that Shane Boor was busted for flipping off a Colorado state trooper. After the ACLU agreed to defend him on First Amendment grounds, the allegation against Boor was dropped.
These incidents may seem minor, but Lane believes they have larger import.
"This may be a little flowery, but when you're standing outside, when does it become nightfall?" he asks. "There's no moment where darkness descends, but you know when it's dark, and you know when it's getting dark. And every infringement of civil rights adds to the darkness. That's why every one of these cases, no matter how small, needs to be fought. And that's why we bring them."