Pursuant to their super powers to detain people and commit acts of violence against them, cops are given official discretion to arrest or not arrest persons who they perceive as violating a “law.” With regard to non-white persons such discretion is often abused or used arbitrarily and capriciously. Such discretion originates from the executive and from his “right to rule” us on our behalf and for our own good, his agents, cops, are empowered to act.
Here, the cops apparently claim the unnamed homeless Black Man allegedly violated NY PEN Law 240.20 Disorderly conduct when he called them obscene names. However, a violation requires an “intent” to cause a breach of the peace to the “public” or inconvenience, annoyance or alarm, or recklessly created risk to the “public.” Does “public” mean persons other than cops? Was the public affected? Did he intend to affect the public? Right or wrong did the cops stop their arrest because the white passerby made good arguments or for another reason? Can white people have disagreements about the best ways to practice racism? Can a subject ever have an arms length conversation with a ruler? Believe in your "rights" at your own risk.
§ 240.20 Disorderly conduct. A person is guilty of disorderly conduct when, with intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof: 1. He engages in fighting or in violent, tumultuous or threatening behavior; or 2. He makes unreasonable noise; or 3. In a public place, he uses abusive or obscene language, or makes an obscene gesture; or 4. Without lawful authority, he disturbs any lawful assembly or meeting of persons; or 5. He obstructs vehicular or pedestrian traffic; or 6. He congregates with other persons in a public place and refuses to comply with a lawful order of the police to disperse; or 7. He creates a hazardous or physically offensive condition by any act which serves no legitimate purpose. Disorderly conduct is a violation.