# Ticketed in MS



## USAF286 (May 20, 2011)

When I was stationed in Biloxi, MS we were out at a local bar and inevitable altercation occured outside (typical locals vs. stupid young military idiots). Like expected, the police arrived and "public drunk" tickets were handed out to quite a few people as they tried to make their way out of there. Unfortuneatly I was one because I had been drinking, and the LEO sympathized with 3 of us because we were coherent, respectul and not involved in the altercation. He said he could drive us down to the station and let us sit for 3 hours to count as time served so we didn't have to pay the fine. I had to plead no-contest in court because my next court date was set a month after I was ordered to PCS. This is what MS charged me with: 
Any person that profanely swears or curses, uses vulgar or indecent language, or is drunk in a public place, in the presence of two or more people, shall be fined not more than $100.00, or imprisoned in the county jail for not more than 30 days, or both. Miss. Code Ann. § 97-29-47.

What is this equivalent to in MA? I know this is a black mark, and I probably should of left before the incident escalated, but I didn't. Would this be a DQ for anywhere or just something I'm going to have to explain?


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## BRION24 (Sep 19, 2008)

Come clean about it early in the hiring process and do not lie about it. If it happened the way you explained it then I don't think it would stop you from finding a police job.


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## kwflatbed (Dec 29, 2004)

Oh the memories of Keesler AFB and Biloxi MS.


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## Tuna (Jun 1, 2006)

USAF286 said:


> Any person that profanely swears or curses, uses vulgar or indecent language, or is drunk in a public place, in the presence of two or more people,


Like said before, if your honest and up front with this it should be no problem. The funny thing is the elements are no diferent than our union meetings or choir practice at the Brass Parrot Pub

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## USAF286 (May 20, 2011)

Haha yeah KW, Keesler AFB..the only thing you could do was go to the smoke filled casinos or the post Katrina and BP's oily beachs. Thanks Brion and Tuna for the posts.


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## USM C-2 (Oct 27, 2010)

USAF286 said:


> This is what MS charged me with:
> Any person that profanely swears or curses, uses vulgar or indecent language, or is drunk in a public place, in the presence of two or more people, shall be fined not more than $100.00, or imprisoned in the county jail for not more than 30 days, or both. Miss. Code Ann. § 97-29-47.
> 
> What is this equivalent to in MA? I know this is a black mark, and I probably should of left before the incident escalated, but I didn't. Would this be a DQ for anywhere or just something I'm going to have to explain?


Having worked both states, the equivalent in MA would be a protective custody non-arrest. In MS it's a criminal offense, but a minor one. Sounds like you were given a Post Arrest Release Citation ('posted') and released. I can't see the offense being disqualifying, but lying about it definitely would be.

Best to be honest about it up front, as others have said.


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## 7costanza (Aug 29, 2006)

Biloxi Blues.


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## USAF286 (May 20, 2011)

USM C-4 said:


> Having worked both states, the equivalent in MA would be a protective custody non-arrest. In MS it's a criminal offense, but a minor one. Sounds like you were given a Post Arrest Release Citation ('posted') and released. I can't see the offense being disqualifying, but lying about it definitely would be.
> 
> Best to be honest about it up front, as others have said.


I appreciate the facts, thanks USM C-4


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## Guest (Dec 12, 2011)

USM C-4 said:


> Having worked both states, the equivalent in MA would be a protective custody non-arrest.


You can't compare protective custody to any law that includes a fine or jail time. In MA, when you place someone into protective custody, it's just that; custody. You don't/can't issue a citation for protective custody, and when you PC someone, you're "assisting" them; it's not a punitive statute.

It sounds like the OP was cited for the MA equivalent of Disorderly Person or Disturbing the Peace, and I agree that it shouldn't be an issue if one is honest and upfront about it.

Also, to any military people who are aspiring LEO's.....it's a lot cheaper and safer to stay on-post and get drunk.


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## kwflatbed (Dec 29, 2004)

USAF286 said:


> Haha yeah KW, Keesler AFB..the only thing you could do was go to the smoke filled casinos or the post Katrina and BP's oily beachs. Thanks Brion and Tuna for the posts.


When I was stationed there in 1959 the only thing in Biloxi (which was a dry town)were bar rooms,each squad had there
own favorite bar,the pd could not lock the cells and when you woke up you just walked out and went back to the base.


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## USM C-2 (Oct 27, 2010)

Delta784 said:


> You can't compare protective custody to any law that includes a fine or jail time. In MA, when you place someone into protective custody, it's just that; custody. You don't/can't issue a citation for protective custody, and when you PC someone, you're "assisting" them; it's not a punitive statute.
> 
> It sounds like the OP was cited for the MA equivalent of Disorderly Person or Disturbing the Peace, and I agree that it shouldn't be an issue if one is honest and upfront about it.


Getting sorta OT, but here goes...

You are correct that Mass. PC is a non-offense, since the Commonwealth repealed the public drunk law in, IIRC, the late 70's. However, the MS Public Drunk statute, 97-29-47, is the one he was charged with. The closest equivalent to that is Protective Custody, in that it is the charge we use in MS when we don't have anything else to charge and the person is too drunk to let them walk away.

The MS equivalent of the MA 272-53's would be Disorderly Conduct - Failure to Comply, 97-35-7 and Disturbance of the Public Peace, 97-35-15.


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## Guest (Dec 13, 2011)

USM C-4 said:


> You are correct that Mass. PC is a non-offense, since the Commonwealth repealed the public drunk law in, IIRC, the late 70's. However, the MS Public Drunk statute, 97-29-47, is the one he was charged with. The closest equivalent to that is Protective Custody, in that it is the charge we use in MS when we don't have anything else to charge and the person is too drunk to let them walk away.
> 
> The MS equivalent of the MA 272-53's would be Disorderly Conduct - Failure to Comply, 97-35-7 and Disturbance of the Public Peace, 97-35-15.


The OP is concerned with the MS citation hurting his chances with being hired for a police job. Being placed into protective custody in MA does not appear on a BOP or Triple-I, because it's not a criminal offense; it exists only in the internal records of the police department where it happened, so comparing the MA PC law to a MS criminal statute is comparing apples to moonrocks. They're not even in the same galaxy.

Humorous story....several years ago I was working the front desk on OT when a MSP Trooper came in; he was doing background investigations, and was wondering if we had any information on a candidate that lived in Quincy. I brought him back into our report room and ran his name through our internal records. It turned out that we had PC'ed him twice and he had received 3 written warnings for traffic offenses, all of which suprised the trooper doing his background.

I believe that particular candidate had some 'splainin to do.


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## USM C-2 (Oct 27, 2010)

Delta784 said:


> The OP is concerned with the MS citation hurting his chances with being hired for a police job. Being placed into protective custody in MA does not appear on a BOP or Triple-I, because it's not a criminal offense; it exists only in the internal records of the police department where it happened, so comparing the MA PC law to a MS criminal statute is comparing apples to moonrocks. They're not even in the same galaxy.


In Mississippi, misdemeanor offenses are not recorded in any state-wide registry, nor are they available on any law enforcement databases. Only felonies are entered into the III. Some MV offenses with license suspension penalties will be flagged on a license check, but not non-MV ones. In terms of applying for a job, this offense will only be held in the records of the BPD and the Biloxi City Court, which is also run by the city.

Yes, this does mean that checking for misdemeanor warrants means calling any PD, Sheriff Office, City Court, Justice Court, etc. where the suspect *MAY* have lived and asking them to check their records, some of which may not even be computerized. For background investigations the thoroughness of the investigator determines how hard they will look. Some will just run a III and be happy with a clean response. Others may actually call likely agencies. Better to be honest but to be fair, down here it's a very minor offense.


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## Guest (Dec 13, 2011)

USM C-4 said:


> Better to be honest but to be fair, down here it's a very minor offense.


But, it is an offense nonetheless, which protective custody is not.


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## USAF286 (May 20, 2011)

Delta784 said:


> Also, to any military people who are aspiring LEO's.....it's a lot cheaper and safer to stay on-post and get drunk.


I can only take the 95% male population and military talk for so long..as for cheaper and safer I do agree.

---------- Post added at 10:13 ---------- Previous post was at 10:12 ----------

Thanks for all the input gentlemen, I have no intentions of trying to hide this citation and other than that my record is clean. Thanks again and have a safe day.


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## 7costanza (Aug 29, 2006)

Thanks again for your Service, be safe. Rent Biloxi Blues, its pretty good.


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## Guest (Dec 14, 2011)

USAF286 said:


> I can only take the 95% male population and military talk for so long..as for cheaper and safer I do agree.


If you're willing to lower your standards (and you'll likely never see your military buddies again, so who cares?), there is female company to be had on a military base, trust me on that one.


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## USAF286 (May 20, 2011)

Lol agreed, and I've had no problems lowering my standards, its just a worse hangover is all.


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