Disorderly Conduct in Illinois: Legitimate Crime or Tool to Harass?
As a Chicago criminal lawyer, one of the most common accusations clients seek my help in defending against is the Illinois charge of disorderly conduct. While there are many types of Illinois disorderly conduct, ranging from felonies to misdemeanors, this article discusses the vaguely defined police favorite found in 720 ILCS 5/26-1(a)(1) which prohibits committing "any act in such unreasonable manner as to alarm or disturb another and to provoke a breach of the peace."
Consider the following scenario: A middle-aged black man and Harvard professor has misplaced the keys to his home. He is on his porch and after a few minutes, is able to get inside. After he steps into his home, a passing police officer approaches and accuses the professor of breaking into the house. The man then allegedly yells at, curses, and insults the officer at which time he is arrested and charged with disorderly conduct. The disorderly conduct charges are eventually dropped. But suppose you are just a regular man or woman and not the renowned Professor Henry Louis Gates of Harvard. Can you beat the accusation of disorderly conduct?
The question is important for several reasons. Unlike most other countries, Americans are protected from abusers of power by restrictions on police to arrest people only under specifically defined instances found in the Constitution and the criminal laws. Therefore, when police arrest someone merely because they find what that person is saying to be personally disagreeable or secretly dislike the color of their skin, and then attempt to legitamize the arrest with a disorderly conduct charge, they strike at the very freedoms that make our civilization the greatest in the history of the world. More practically speaking, whether or not you can beat your Illinois disorderly conduct case without pleading guilty is important because employers are using background checks with greater frequency. It is therefore of utmost importance to keep your record free and clear of anything that would make you less attractive to current or potential employers.
The skilled Chicago disorderly conduct lawyer will find many opportunities to beat disorderly conduct charges. In our earlier scenario, for example, Illinois courts that have examined the issue have held that yelling at a cop in a profane manner isn't disorderly conduct. Police in Illinois are presumed to be professionals who cannot be easily provoked into a "breach of the peace." If the cop in your case is claiming that he is the victim of your alleged disorderly conduct, the case of Illinois v. Trester and others like it, provide your first line of defense. Even if the policeman is not claiming to be the victim, if your alleged disorderly conduct is composed merely of speech, your First Amendment freedom of speech rights will be enough, in most cases, to trump the disorderly conduct accusation.
While some police abuse their power and the disorderly conduct law, my personal experience is that most officers are simply trying to do a difficult job the best way they know how. So, while it may not be disorderly conduct to yell profanities at an officer, it is probably better to treat them with respect and courtesy.
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