Public Drunkenness at McDonald’s in Wilkes-Barre, Pa

Published On January 10, 2013 | By CopBlock | Articles

So, here’s the full story……..

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I walk into McDonalds, after a night out, and there’s a harmless drunk (possibly homeless) man sleeping at a booth completely minding his own business. I told the management I would help the guy outside but they decided to call the cops instead. When said police finally arrived I was the closest person to the door so naturally I engaged the cop in conversation as he walked by. I simply said “sir this guy isn’t hurting anyone he’s just passed out”, I didn’t want the guy getting arrested for taking a nap, you know? So the cop starts talking the the poor fellow and I sit down and wait for my cousin to bring me our food. For whatever reason this cop says I’m “impeding his investigation” by sitting down and waiting for my food, so he tells me to move. I comply with the officer and sit down to enjoy my meal as he tells me “that’s what I thought, now mind your own business.” As he walked away from me to keep questioning the sleeping guy, as a citizen with the rights to freedoms, like freedom of speech and to be a patron of a establishment unmolested by our so called “PROTECTORS”, I simply requested he “please mind your own business too, sir.” So he turned around and arrested me for requesting he mind his own business.

 

After handcuffing me and shoving me in a corner and accusing me of “resisting arrest” (my cousin and surveillance videos will prove i wasnt) he took me to his patrol car and charged me with public drunkenness. Video surveillance will also show I was not causing disorder towards anyone in McDonald’s. I asked the cop to give me a breathalizer test because the legal limit for drunk driving is .08% in Pennsylvania. He refused to administer the test and replied that “there is no limit when it comes to public drunkenness.” So i requested a breathalizer anyway so there was record of what my BAL was for when I fight this in court. Again the officer replied “I don’t have to do that.” So when I fight this, and subpoena the videos from McDonald’s, and explain to the judge that I was within my rights and compliant with the officer, I dont think I should have a problem beating this. I didn’t get the officers name, but I do have his badge number and station number. IF ANYONE HAS ANY INFO TO HELP ME, PLEASE SPEAK UP! I’m glad we can count on our nations finest to serve and protect.

This post was written and submitted by Lucas Babb. Everyone is encouraged and welcomed to share their thoughts, beliefs and interactions with police via CopBlock.org’s submission tab. Simply click here to get started. 

 

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  • d0nj3nko

    Well good luck mate… It seems that being a nice guy is a crime now, I have no doubt through that in turn you did the poor sleeping drunk a big favor although I doubt he will remember. Police seem to think that it is one rule for them and one for everyone else. If nothing else at least you can sleep soundly knowing you helped some one. God bless us all!

    Note: ‘Common Sense’- (they are multiple users setup by the police) will downplay everything and justify police actions with plenty of sarcasm I predict! Maybe a name change coming after exposure… We shall see!

  • Joe

    Mr. Babb, after you beat him in court (and you will), you should go ahead and sue him AND the Wilks Barr police dept with the same footage and evidence you have….you’ll win that as well

  • Richard

    Lucas,

    Please email me and let me know time, date, address of restaurant, department name and officer badge number and I will start hitting them with freedom of information act requests to get all the info about this arrest they have and info on the officer.

    Richard
    [email protected]

  • InalienableWrights

    Cops like this need to be criminally charged. We the people need a legal tool to do this. In some states we may…. the grand jury.

    I have a feeling if cops keep this up the American people will be forced to dispense justice themselves because the system is not doing it.

  • http://thorax232.blogspot.com thorax232

    From what I can tell usually idiot cops are no shows to these things, they have no problem wasting your time and money just so they can feel a little more powerful.
    -Thorax232
    ——————————————–
    Family Survival Course Book

  • Common Sense

    Nothing good happens after 2am.

    Sorry, maybe you should have gone to Taco Bell.

    I know you favor drunk sleeping wherever they please, but I doubt McDonalds staff would enjoy cleaning his puke, piss and/or shit. Most people would rather not go to a restraunt with ‘drunks’ sleeping it off.

    And no, only one me…

  • InalienableWrights

    You sound lie a soul-less statist authoritarian PIG. I fee sorry for you being to stupid not to mention evil.

  • http://www.policemisconduct.net Glenn

    It is about time that common sense admitted he uses multiple accounts. Not that we all didn’t know it already.

  • Common Sense, soulless enemy of Liberty

    How’s that name for ya? It will take a bit to clear the mod, but I sorta like it.

    Have you buried your guns yet? Confiscation starts soon. Bury them deep, I hear the ATF will be bringing metal detectors and LAVs.

  • Common Sense

    I added some to my name, just for you.

    Oh look, Glenn’s back. Wow, you heal fast since that last ass kicking you took.

  • Backfire

    Ummmm, I guess you got what you deserved. Mind your business next time and let the people at McDonalds handle the situation however they want. The worst that would have happened, is the guy spends the night in the drunk tank. Was it really worth it for you?

  • BluEyeDevil

    LOL, Lets talk about ASS KICKIN, common cent,
    I make you look stupid every time you try to give some bullshit statistics and try to look intellectually superior to the people in this forum. Your arguments are weak, your facts are skewed to your point of view, your a copy and paste plagiarizing hack, your a key board tough guy with an obvious inferiority complex and you think that somehow that “you” are the keeper of all that is right, pathetic.
    I’ve served with MEN who have honor, integrity, perseverance, self control and an indomitable spirit that you and your type will never understand.
    Fact is, your a half ass, turd burglar, shit talkin, tin badge god. If you really got nothing better to do than to try to change the minds of like minded individuals who know what you are and hate you than you must be one lonely creature.

    Take the badge off and grow a sack. Fuck You PIG!!!!!!!
    ..!.(‘_’).!..

  • t.

    Devil: As classy as ever.

  • d0nj3nko

    Common sense you are so predictable (all of you)… Your rotten to the core to the point of even backing what police (your fellow scum) did to poor Kelly Thomas! You truly make me and the rest of the people who know, sick! The rest are slowly waking up to the facts. God bless us all.

  • BluEyeDevil

    Dude,
    Let the cops do their job, stay the fuck away from them, don’t talk to them, don’t give them information, don’t call them, THEY ARE NOT YOUR FRIEND…………………………..fuck a pig, they have way to much power and soon will be put in check real fast, especially if obama tries to use executive orders to bypass the second amendment.

  • BluEyeDevil

    Thank you T.,
    I try my best to make others smile….

  • Common Sense

    Sorry junior, t called Glenn out and Glenn had nothing. Nothing to comeback with save for maybe a cocksucker joke.

    I fully admit I post articles from news sources, and I figured, about 1/3 of the submissions here are mostly false and the rest full of half truths, it’s always good tiger more of the story so people can make an opinion. Of course of you still want to think 9/11 was an inside job, then that’s your delusion.

    Regardless of what you feel towards the Kelly homicide, you like most CB’ers fail again and again to understand that there are actually elements of a crime that must be proven for a conviction. With capital/1st degree murder, typically pemeditation is one such element. If you cannot prove that, then it’s not murder, it would best be described at manslaughter. I knowing tht with Adam’s wiretapping charge, had he reviewed his statutes, he may very well have avoided this legal trouble all together.

    That’s really the crux of most of this, you think you know the law, whe in fact you really have no idea. Of course, you can quote Jefferson or Burke, great, and if you’re in your junior year of a high school civics class, you’d get extra credit. But this is the real world, and no, all the emotion and bullshit about revolutions, L-shaped ambushes and using home made exploives destroy scary armored trucks is great. If you venting makes you feel better, outstanding. Just remember, it won’t be you deciding what you did was legal or illegal, it will be a judge or a jury.

  • JT

    @ Common Sense …..Jury Nullification

  • underoath

    If McDonald’s employees called the cops, then who in the hell do you think you are to interfere? Seems like the only one who should be minding their own business is you.

  • Aaron

    He’s a citizen, just like the cop, with the same rights and liberties. He’s obviously concerned about the drunk guy, who isn’t causing trouble and, for all we know, might end up another Kelly Thomas, if the cop is in a bad mood that night. Besides, since when is it illegal to talk to a cop while he’s doing something? I don’t like your post. Should it be illegal? Should I be allowed to come over to your house and arrest you for it? Same level of absurdity. The cop is not special just because he wears a badge.

  • Observer

    Find a civil rights attorney to file tort claims notice citing abuse of process, numerous civil rights violations under color-of-law, and perjury by the police in cited town in Pennsylvania. You must, however, hurry, since most states have, in effect, limited liability caused by the criminal acts committed by police officials by very selectively writing tort claim notice law(s) to limit their exposure to civil rights lawsuit. Failing all else, send your complaint of perjury, false arrest and civil rights violations under color-of-law allegations committed by the police against you, your person, to civil rights entities including, but not necessarily limited to: ACLU and copblock.org so that we know about the abuse of process and false arrest and perjury committed by the police in your area. If you post the documents you have received as well as your affidavit of the events, that information may be used to contact other unnamed but definitive agencies to bring ever increasing pressure to bear on the criminal thug in blue who has violated not only your civil rights and the civil rights of the person allegedly “illegally” sleeping, but also international treaties on human rights to which the United States government is signatory.

  • Zombiecmh

    If you do a quick google, you’ll see quite a few results where people having diabetic reactions were mistaken for drunks.

    Just another cop on a power trip for you not respecting mah author-ah-tay

  • underoath

    Aaron, comparing arresting someone at their house and arresting someone at McDonald’s is apples and oranges.

    McDonalds requested the police in their establishment. The guy that decided to put his nose where it didn’t belong had no business interfering.

    You don’t have to like my post, that’s fine, but if you look at the facts then the OP was wrong.

  • mobooz

    Since when is a McDonald’s restaurant a public institution? An employee (possibly the owner, him/herself) told the man to leave and then called the police to effect a trespassing citation. Some of the more violent contributors to this website would (if they practice what they preach) forego the 911 call and consider it an invitation to execute the trespasser. A night in jail sounds pretty sweet, by comparison.

    Your submission reads like you’re minimizing your own behavior. I’m guessing you were a bit more vocal than “simply… requesting he mind his own business.”

  • steve H

    This one, if true, would be fun to fight the statute as overbroad and vague. In FL, the legislature had to change the public intoxication law to “disorderly intoxication” because leos were doing just what this gentleman got nicked for. Lawyers got a declaratory judgement and injunction against the PI law, so now there has to be some “disorder involved” in the drunkeness. You can walk down a sidewalk or on the beach three sheets to the wind and as long as you aren’t being “disorderly”, that’s legal.

  • Chris Mallory

    This government employee needs to remember that he works for the citizens and his business is our business. Maybe firing him, blackballing him from all future government employment and a loss of all accrued government pension would help remind him.

  • underoath

    Hahaha Chris, yet again you prove just how laughable you can be.

  • cookie

    They don’t have to give you a breathalyzer for public intoxication. Their word against yours, so keep your mouth shut next time.

  • dougo

    every time common scent opens his mouth the smell of pork shit gets stronger as he reaches for the T-paper to wipe his face.

  • duke

    When cops get shot it makes me smile

  • SMILEY

    I LOVE when I hear a cop is killed also! I like to go here http://www.odmp.org/ to get my “Make Me Happy Fix”. Unfortunately, there have only been 2 deaths this year. Hopefully the Karma Gods will make me smile more.

  • BluEyeDevil

    Fellas I don’t like cops as much as the next guy but to wish another human being dead, not rightly deserved is kind of mean. Having said that if the cops try to take our guns away you can get used to seeing a lot of slaughtered pigs laying in the streets.

  • paramedic218nh

    @common sense i see that your still being a trolling douchebag are you still a badge wearing asswipe.why don’t you give up your fuckin badge and stop being a douche