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Coughing on a Cop Could Get you a "Assault on a Government Official" Charge

wral.com — Kent Kauffman said he coughed towards a police officers waist during a routine traffic stop. He we was then put in handcuffs, thrown into the side of the patrol car and charged with a misdemeanor.

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  • dnaspydir, on 10/10/2007, -11/+41The cop is a dick, and the guy is an ID-10-T. Put your seat belt on stupid! It takes half a second, could save your life, and gives dicks like this cop one less reason to stop you.
    • mydigga, on 10/10/2007, -1/+13In Ohio, cops can't stop you for no seat belt. It's a secondary offense! Just some useless info for you.
      • diggmeyoubitch, on 10/10/2007, -2/+3That law was changed many years ago. The first time I ever got pulled over in Ohio was for a not wearing my seat belt, and that was 7 years ago.
        • mydigga, on 10/10/2007, -0/+2You may have gotten screwed. Unless they pulled you over for a primary offense, like speeding, you did not have to pay the fine. In Ohio, you cannot be pulled over for no seat belt, it is only a secondary offense.
        • keyboardduder, on 10/10/2007, -0/+1Speaking of being screwed, i coughed on a cop once. He got fired and I think I caught something....
    • TypeEE, on 10/10/2007, -1/+2I guess he was handcuffed, how could he have put on his seatbelt?
    • barakatx2, on 10/10/2007, -9/+4or what about when someone gets thrown through their window into a house or something else causing damange and/or injuring/killing other people? its not only for protecting yourself
      • maexus, on 10/10/2007, -1/+7This is still one of the stupidest arguements that I have heard. I imagine if I were in a wreck and I were close enough in my vehicle where I could fly, no, sail through a window, then I can imagine my car has done quiet a bit of damage as well.
  • chillmandan, on 10/10/2007, -1/+37Might have been more appropriate to charge him for causing a biological attack. Either way this is ridiculous.
    • objectcode, on 10/10/2007, -2/+5wont be long before its considered bioterrorism
      • arial, on 10/10/2007, -0/+3I think thats what chillmandan was getting at.
  • StatiK69, on 10/10/2007, -7/+26I also remember if you caught someone spitting in your food at a restaurant the same thing could happen. Really though, if you have to cough, don't be a dick and cough on someone, it's called "good manners" and being polite. The whole assault on a government official is a bit much though... I'd say both people are to blame here.
    • sexybobo, on 10/10/2007, -1/+4Spitting on some one is an assault doesn't matter if it was a police officer or not. People usually only get in trouble when they do it to a cop though.
      The person said he just coughed but if any of his fluids hit the cop the law permits what the cop did. Now if the law is right is another matter.
    • faithfreedom, on 10/10/2007, -0/+3He coughs when he had to cough. It's a sickness, got that ?
  • theNazz, on 10/10/2007, -9/+47Riding a motorcycle is more dangerous than riding in a car without a seat belt. Let's outlaw those too! The 'click it or ticket' program is about generating more revenue for law enforcement more than it ever was about saving lives.

    Personal freedom has given way to fascism and that is the future that every child has to look forward to in the USA... that is unless those children come from the privilege class.
    • BelXul, on 10/10/2007, -2/+11The point is that making laws forcing people to wear seatbelts is over reaching. Don't get me wrong, seatbelts are a good idea, but why actually FORCE it on people? It's penalizing people for not protecting themselves from themselves. Do you or do you not own your own body? And if you do own your own body (as opposed to someone else owning your body) then why penalize you for not protecting that body?
      One example of this would be in laws penalizing attempted suicide. If you own your own body, and your life is truly your own, could you not decide to throw it away without getting charged and jailed for it? The answer is no. The reason is because the people who make these laws that protect people from themselves view the people as property of the state, and they are only protecting their property. Do I have to tell you who that is?
      • mydigga, on 10/10/2007, -2/+8We do not own our bodies, we own a license (I.D. & SSN) that allows us to use them.
    • Liam76, on 10/10/2007, -7/+2If the fire department and ambulance didn't have to clean up your mess at tax payer expense then yes you would have a point, but it is much more costly to give first aid, and medical attention to people without seatbelts than with. So if you are taking actions that are very likely to cost taxpayers more the govt has a right to intervene.
      • cavedog0, on 10/10/2007, -0/+4That's what car insurance is for dumbass...
    • exomni, on 10/10/2007, -11/+0Seatbelts save lives. Not wearing a seat-belt can kill you.

      Excuse me if I don't see the point of contention here.

      My best friend's dad died in his late 30's because he was too stupid to put on a seatbelt.
      • NnyCW, on 10/10/2007, -0/+4Yes, they do save lives. Yes, people should be informed how badly things can get if they do not wear them. However, this has no effect on the fact that one should not be forced to do so.
      • akula696969, on 10/10/2007, -0/+4Maybe they should outlaw hiking because of dangerous cougar attacks.......
    • Ravatar, on 10/10/2007, -0/+3Not quite.. if you're involved in a high-speed accident with a motorcycle there is a good chance you die. If you do the same in a car, the insurance companies can look forward to MASSIVE costs associated with you. IMO it's all about the insurance companies.
    • PopcornDave, on 10/10/2007, -0/+2While we're at it, why not ban all cars made prior to 1968 because they didn't have to have lap belts? If I remember correctly, Tucker was the first to introduce lap belts but it wasn't until 1968 that it was mandatory for the shoulder type like today.

      Partial article: http://www.enotes.com/science-fact-finder/cars-boa ...
    • davewalden, on 10/10/2007, -0/+0Oh please.... not the fascism card being played again. Please grow up and get a clue.
    • davewalden, on 10/10/2007, -0/+0Oh please.... not the fascism card being played again. Please grow up and get a clue.
    • davewalden, on 10/10/2007, -0/+0Oh please.... not the fascism card being played again. Please grow up and get a clue.
  • blorc, on 10/10/2007, -2/+58Am I the only one that noticed/thinks it's funny that someone with the last name Kauffman got arrested for coughing?
    • onisamsha, on 10/10/2007, -0/+11Ah reality, why are you always so much funnier than anything us intelligent beings can come up with?
    • tjkisst, on 10/10/2007, -4/+2No.
    • MagicCake, on 10/10/2007, -0/+2I clicked on this story just to see if anyone would say that :)
  • whymanwhy, on 10/10/2007, -0/+20Coughing on a cop could get that poor whistle-blower kid from St. Louis shot in the face.
  • ChromaVita, on 10/10/2007, -0/+8Imagine what he would have been charged with if he sneezed on him...
  • drakenlot, on 10/10/2007, -0/+5Well no duh, shooting cops? big deal. Happens every day.

    Coughing on them? now that's just evil...
  • syroncoda, on 10/10/2007, -8/+15this is what a police state looks like
    • john2kx, on 10/10/2007, -3/+3stfu and cover your mouth when you cough.
    • picsectionpleez, on 10/10/2007, -2/+1yes
    • minox, on 10/10/2007, -3/+4A police state looks like douchebags using the "my dog died" defense as an excuse for coughing in the face of someone who protects the public every day?
    • PopcornDave, on 10/10/2007, -0/+1No, it's what a state filled with morons looks like. IF it were a police state, you wouldn't even hear about it much less have a chance to comment on it.
  • ronaldinho, on 10/10/2007, -2/+5Abuse of power from the cop. The dude was dumb though for coughing at him too (probably didn't covered his mouth either). I would feel repulsed myself if I was the cop, though he definitely overdid it on the arrest and charge......
    • sexybobo, on 10/10/2007, -6/+2Part of a cops job is to catch people that are breaking the law and arrest them. The guy got body fluid on the cop which is assault and the cop arrested the guy. If you don't like the rule change it don't get angry at the person who has to enforce it.
    • saabpilot, on 10/10/2007, -2/+0It sounds to me like Mr Kaufman isn't telling the entire story. He got sick after his dog died? What does that have to do with anything? It sounds to me like he's trying to get some pity for him without revealing the whole story. Wouldn't surprise me if he was being rude and standoffish to the officer that arrested him. In that case, he probably had his coming to him. Just be polite and get it over with, go to court if you think you were wronged. You can't forget these are the guys who could potentially be saving your life the next day.
  • rnwen2750, on 10/10/2007, -2/+10Although I don't think he should have been charged for it, I am glad someone gave him ***** for coughing all over the place. I work in a university and it is disgusting how many kids just cough right in your face without covering their mouths. I have even been at a restaurant and had the cook cough directly onto what they were making. And then he got all offended when I asked him to remake my dish.
    • BoneheadFarker, on 10/10/2007, -2/+2Never send back a dish...you won't want to eat what you get afterwards...
      • maexus, on 10/10/2007, -0/+3It happens far less often than most people think. People don't get paid enough to even care.
    • 2oonhed, on 10/10/2007, -1/+3I have worked with full grown adults that were just never taught that covering the mouth when coughing is not only a civilized gesture but also helps prevent the spread of germs. Sometimes just gently informing these types changes their behavior.
      Then there's the people who KNOW that open mouth coughing is offensive & they KNOW that it spreads disease & germs.....but do it anyway.
      I don't know if Kent Kauffman fits into the "KNOWS" category or not. But anybody that does, deserves to get arrested & learn the hard way to cover the mouth.
  • geekchic, on 10/10/2007, -0/+5There was a prosecution in the UK a couple of years ago against a chap who coughed repeatedly during a TV quiz show.

    ...athough in this case, the coughs were "secret codes" for the guy answering the questions.
    • saabpilot, on 10/10/2007, -0/+1For some reason...I digg this comment...
    • PopcornDave, on 10/10/2007, -0/+2So you think perhaps this fellow's coughing was a way of signaling he wanted gay sex from the officer?
  • FreakyD, on 10/10/2007, -0/+2I agree it was dumb, but what is the relevance of his dog dying?
    • john2kx, on 10/10/2007, -0/+4Depression often lowers the strength of the immune system, leading to sickness.
      • minox, on 10/10/2007, -2/+4Yes, but it is not disputed that he coughed. The argument is weather he coughed at the officer's crotch or his face. Either way, it wouldn't be the first time an *****'s dog died.
    • eOgas, on 10/10/2007, -1/+1It's so people will feel bad for him, and take his side of the story.
  • lazerus9, on 10/10/2007, -3/+0Go and view Y'Tube: In Lies We Trust and see what's coming next!
  • Elliuotatar, on 10/10/2007, -0/+4If a court finds coughing on a cop is assault, then coughing on anyone is assault. And if coughing on anyone is assault, then that means anyone who goes in sick to work or out in public when sick could find themselves at the end of a lawsuit. I hope the judge that takes this case realizes how absurd this is.
    • cawpin, on 10/10/2007, -0/+3Yes, coughing on somebody is assault. That's already law in most states. Since it is a misdemeanor it probably has to be witnessed by a cop to be charged. It could be a misdemeanor exception, though, and he doesn't have to witness those to make an arrest.
      • jaxcs, on 10/10/2007, -0/+1bet you can't find it in the books. the guy is being charged with assault, not for coughing. In other words, if you believe coughing is an attack, then this makes sense.
    • saabpilot, on 10/10/2007, -1/+0Besides, how would you feel to be coughed in the face by someone who's infected with tuberculosis that's on your plane. Yeah, that'd suck, and I would consider that assault. Considering that could put you out of work and normal life a lot longer than a broken nose would. Plus those masks look stupid.
  • Bdog2g2, on 10/10/2007, -0/+7Kent Kauffman coughed on a cop
  • 2oonhed, on 10/10/2007, -3/+6Let this be a lesson to everyone : COVER YOUR MOUTH WHEN YOU COUGH !
  • MrNexus, on 10/10/2007, -4/+10***** pigs.
  • john2kx, on 10/10/2007, -1/+4Can it even be defined as assault if the guy didn't touch the cop? I mean, sure, I guess you could throw something at a cop, and that would be assault, but a cough? Hm..
    • Ghstfce, on 10/10/2007, -0/+3Assault is creating a threat to another by actions or words. Actually touching them is battery. You can yell at someone and never touch them it's considered assault.
    • cawpin, on 10/10/2007, -0/+4Touching would have been assault and BATTERY. You don't have to touch somebody to assault them.
    • jpmulli, on 10/10/2007, -0/+0In Texas, offensive physical contact is required for the lowest degree of assault. I would assume having phlegm and sputum intentionally directed into ones face would certainly apply as of course would spit.
  • chrismgtis, on 10/10/2007, -5/+3It's stupid not to wear a seat belt. There is no excuse. It is also stupid to cough towards a police officer, but regardless, he has no right to put someone in jail for 60 days for it.

    Crooked, pathetic cry baby cops.
  • reed311, on 10/10/2007, -0/+4A cop can charge you with just about anything for any reason, but we have a system of checks and balances and the vast majority of the time BS charges are thrown out of court. The great thing about our justice system is that it is very difficult to convict someone without proper and overwhelming evidence (OJ Simpson/Phil Spector) and I'm sure that the DA will decline prosecuting this case.
  • minox, on 10/10/2007, -0/+3Buckle Up. The life you save may be your own.

    "He says I coughed in his face," Kauffman said. "But that would only work if he had a 4-foot-long face."

    Or if the cop was leaning down towards the window and looking around the car as he spoke to the driver, like most cops do. Yet this guy is arguing that it is more believable that he was talking to the officer's *****.
    • AxeSwinger, on 10/10/2007, -2/+4It doesn't matter. It was a cough, he did not spit, although spittle might have reached the cops face. While rude it certainly does not justify being arrested. Sure the cop could be put in danger by some pathogen but if he's so worried about infectious transmission he should not me a police officer. Ever try wrestling with a unwashed junkie? This cop needs to be either retrained on how to make rational decisions or be let go.
  • MerryMortician, on 10/10/2007, -1/+4WOW a bunch of comments on a cop story and not one "Don't tase me bro"
  • crimson117, on 10/10/2007, -2/+3If this means we can arrest smokers on charges of "chemical warfare" then I'm all for it.
    • PopcornDave, on 10/10/2007, -1/+1Only if we can arrest you after having sex for biological warfare.
  • blackmage439, on 10/10/2007, -0/+2I was told waaaay back in my D.A.R.E. days that spitting on someone is considered assault and battery, but this is ***** ridiculous.
  • codehkr, on 10/10/2007, -1/+3His last name is "Kauffman" :)
  • Skooma714, on 10/10/2007, -0/+3Even though this country was founded by assaulting government officials.
  • helloyamadotcom, on 10/10/2007, -0/+2However evil you guys think this cop may be, what are the chances that the douchebag not wearing the seatbelt is skewing the story to favor him? I would say the chances are pretty high. There is always reasonable doubt, people.
  • dnafrequency, on 10/10/2007, -0/+1Didn't you know, you absolutely cannot cough on GODS!
  • in2deep, on 10/10/2007, -2/+2I say anyone who sneezes or coughs on someone should get time in prison. Germs are nasty little things.
    • sv650touring, on 10/10/2007, -0/+2Jesus. I wonder what you think we should do to people who use payphones (but don't clean them afterward). Burn them at the stake?
  • NonLeftistDiggr, on 10/10/2007, -3/+2There is major "missing the real point" going on here..... You have to be darwin award stupid to be in a position where you CAN cough on a cop, let alone do it.
  • yfguitarist, on 10/10/2007, -0/+2Coughing on cops is NOT justice. Try again, Kauffman
  • eOgas, on 10/10/2007, -0/+1Hahaha, seriously, his name is Kauffman?
  • jpmulli, on 10/10/2007, -0/+0In Texas, offensive physical contact is required for the lowest degree of assault. I would assume having phlegm and sputum intentionally directed into one's face would certainly apply, as of course would spit.
  • darthom, on 10/10/2007, -1/+3Psychological studies have shown that most who enter into the police / prison guard / authoritarian positions do so because they desire control over others and in these roles take liberal opportunities to abuse others any way they can. I hate bullies, especially cops, because police forces seem to be where the bullies congregate, unfortunately. To a cop, you are just a crook who hasn't been caught. As to the 'greatness' of our legal system, anyone shanghaied into it is still subject to abuse by the lowlifes serving the system, never mind the criminals already in it. Then, there is the expense, lost wages, damaged reputation and let's not forget the jail time. Wow! What a great system. Yeah, right. Cases like Simpson, Blake and Specter demonstrate innocence is measured by wealth not truth or facts. I suppose it is better than most, perhaps, but, severely flawed as it depends on these idiot cops as the entry point. Coughing in the general direction of a cop or pulling into a public parking lot are not the basis on which someone need suffer any expense. That's my rant, I could be wrong.
  • Scheissen, on 10/10/2007, -0/+3***** pig should be fired.
  • Economist35, on 10/10/2007, -4/+1you can't cough or spit on a cop, its against the law. he got what was coming to him.
    • sj200, on 10/10/2007, -1/+2blah blah blah. What ISN'T ***** against the law anymore?!
      • Economist35, on 10/10/2007, -0/+1whining in a blog about police treatment
  • ksmith34746, on 10/10/2007, -2/+1Did he blame his cough/cold/whatever on his DOG dying??
  • ksmith34746, on 10/10/2007, -3/+0Did he blame is cough/cold/whatever on his DOG DYING??
  • Blitzenn, on 10/10/2007, -0/+3The department Captain's email address is dng@ci.morrisville.nc.us I wrote them email expressing my opinion of what they should do (fire the officer). I think perhaps if enough of us did, it could change something?
    • perkoff, on 10/10/2007, -0/+1Cool, I'll let them know to fire the guy.
  • Skyeboy, on 10/10/2007, -2/+0Think about this way: If the driver had a disease that could be transmitted through his saliva and the cop gets it in the eye, he's *****. Sound more like assault?
    • perkoff, on 10/10/2007, -0/+2Yup, everyone who coughs or sneezes in public should be locked up.

      Sound like something an insane person would say?
      • oatmeals, on 10/10/2007, -0/+0I don't accept your analogy. A polite person would cover their mouth and look to the side when coughing. Perkoff, put yourself in the policeman's shoes. Would you allow someone to cough on you?

        If you answer yes: Does this mean you allow everyone to cough on you? Where do you draw the line?
        If you answer no: How would you communicate to that person that what he/she is doing something unacceptable?

        I'm intrested in hearing your response.

  • perkoff, on 10/10/2007, -0/+1Another pig cop just lost his job thanks to digg. I love it.

  • treewood, on 10/10/2007, -1/+0What vehicle was he driving, also, how tall is the officer? Also, how far into the officers shift was this arrest made? These facts, as well as others not listed, are crucial in determining who is telling the truth. My reasons follow. Let's say the officer was tall, and Mr. Kauffman's vehicle was low to the ground. The officer would have to bend over significantly to speak to Mr. Kauffman face to face. The shift timing is important, because I know if I were tall, and was constantly having to bend over all day to speak to people in their cars, my back would be killing me later in my shift, and I probably wouldn't make an effort to lean that far down. Also, Kauffman was inside of his car when he coughed. Just how close was the police officer in relation to Kauffman's face for the cough to be considered threatening? In any case, I would have to say the police officer acted inappropriately. Reason being, there was no immediate threat or danger of bodily harm. Everyone tends to forget that there are germs EVERYWHERE. He could probably get worse from the doorknob of the men's bathroom back at the station, seeing as how a majority of people do not wash their hands after doing their business. How about being sick, sneezing, then getting pulled over and giving the officer your license and registration with the hands you just sneezed all over? I wonder how many times that happens in a day? I see this case being tossed out.
    • Economist35, on 10/10/2007, -0/+1or maybe they'll avoid your retarded speculation and watch the video from the camera on the dash
      • treewood, on 10/10/2007, -1/+0Idiocracy FTW! Speculative analysis is now retarded. I hope you never breed.
        • Economist35, on 10/10/2007, -0/+1but your speculation has no weight because every trooper is different and since there is a camera on the police car, no speculation is even necessary. If we follow your logic, he is declared not guilty simply because you say he'd have back problems if he was close enough to get coughed on. I hope you never serve on a jury.
  • treewood, on 10/10/2007, -1/+0I would also like to point out that if this man is found guilty, I am suing everyone on this planet for attempted murder. Seeing as how you leave your germs everywhere.
  • sj200, on 10/10/2007, -1/+2What a hick cop! I can almost hear the banjo music. . . .
  • aduckie, on 10/10/2007, -0/+1His name is Kent Kauffman. Kauffman!
  • Economist35, on 10/10/2007, -0/+1so lets say the situation was vice-versa...the man turns to the cop to present his license and registration and the cop starts coughing into the open window into the driver's face.
  • brandonace, on 10/10/2007, -0/+1*sum PIGSS go a bit to far with power* http://www.graphicwitness.org/coe/nytcop.jpg
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