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City of Devils Lake v. Lawrence2/20/2002
is guilty of a class B misdemeanor if, with intent to harass, annoy, or alarm another person or in reckless disregard of the fact that another person is harassed, annoyed, or alarmed by the individual's behavior, the individual:
. Engages in fighting, or in violent, tumultuous, or threatening behavior;
. Makes unreasonable noise;
. In a public place, uses abusive or obscene language, . . . or makes an obscene gesture;
. Obstructs vehicular or pedestrian traffic or the use of a public facility;
. Creates a hazardous, physically offensive, or seriously alarming condition by any act that serves no legitimate purpose; or
. Engages in harassing conduct by means of intrusive or unwanted acts, words, or gestures that are intended to adversely affect the safety, security, or privacy of another person.
In City of Bismarck v. Nassif, 449 N.W.2d 789, 794-95 (N.D. 1989), this Court upheld a disorderly conduct conviction based on the defendant's use of "fighting words" likely to provoke violent reaction where the jury could have reasonably found bystanders in a public place heard the defendant make threatening statements from his private property. In City of Fargo v. Brennan, 543 N.W.2d 240, 242-43 (N.D. 1996), this Court further upheld a disorderly conduct conviction based on the defendant's "primarily [ ] verbal confrontation" with the victim while encroaching and invading her personal zone of privacy and waving his hands. Actions constituting disorderly conduct need be offensive to only one person. City of Bismarck v. Travis, 154 N.W.2d 918, 923 (N.D. 1967).
[ ] Courts have found lawful temporary detentions of suspects based on law enforcement officers' reasonable and articulable suspicion that the suspects had committed the offense of misdemeanor disorderly conduct. See, e.g., Kelly v. Bender, 23 F.3d 1328, 1330 (8th Cir. 1994), abrogated on other grounds, Johnson v. Jones, 515 U.S. 304 (1995) (holding where officers heard a man yelling obscenities 100 yards away, asked him to talk to them, and another man appeared and repeated the obscenities, officers had reasonable suspicion of disorderly conduct to justify lawful temporary detention); People v. Snyder, 13 Cal. Rptr. 2d 837, 839 (Cal. App. 1992) (holding limited investigative detention of defendant was justified where officer investigated a report that a panhandler at a drugstore had been creating a disturbance, potentially implicating a violation of the disorderly conduct statute, and defendant matched the description of the suspect); City of Dodge City v. Hadley, 936 P.2d 1347, 1354 (Kan. 1997) (holding officer had reasonable suspicion of criminal activity necessary to support traffic stop where officer received dispatch that defendant committed disorderly conduct and record check showed parked truck was registered to defendant); State v. Hayes, 640 A.2d 288, 289-90 (N.H. 1994) (holding traffic stop was legal where eyewitness told officer defendant kicked over parking sign and officer observed defendant yelling and gesturing in parking lot; officer had at least reasonable grounds to suspect defendant of having committed disorderly conduct); Ste-Marie v. State, 32 S.W.3d 446, 448-49 (Tex. App. 2000) (holding where first officer was informed by second officer that defendant cursed at her young daughter while driving by in vehicle, first officer could have formed reasonable belief that defendant engaged in disorderly conduct to justify stop of defendant's vehicle). But see Van Patten v. State, 697 S.W.2d 919, 920-21 (Ark. App. 1985) (holding officer who received a radio dispatch about a loud party disturbance at an apartment created by a person who left in brown Jeep di
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