Bob is in his home watching TV when he hears a knock on the door. It is the Police and they would like to speak to Bob. They claim that Bob is suspected of a crime and would like him to open the door (They don't have a warrant, someone just thought it may have been Bob as they saw someone who looks like Bob. Bob has been home all night.) Bob refuses and tells them to get off his property. They refuse to leave. So Bob closes his window blinds, and goes back to watching TV. The Police continue to knock on the door loudly, yelling for Bob to open the door. This enrages Bob because his favorite TV show is on and they are disturbing him from watching it in peace. So Bob opens the window blinds, and starts yelling expletives at them, telling them several times to leave his property. Bob yells so loud that his neighbors come out to look at the commotion. Police inform Bob that he is being arrested for disorderly conduct (not the crime Police originally came to the house for).
- Can Bob be charged with disorderly conduct in this situation?
- Does disorderly conduct have any time, place or manner restrictions?
- Does the 1st Amendment have a higher level of protection in one's home in regards to what is "orderly" conduct?
- How likely is it that Bob will actually be prosecuted for this criminal charge?
I'm looking for an answer that will describe the qualification of having broken disorderly conduct laws inside of a person's own home. Since this might be state specific regarding the letter of the law. Choose which ever state you wish that has the strictest wording of the law.