However, as far as I know, being a smart ass is not against the law and cops should not be given the discretion to make it so.
Kind of a funny story...years ago my best friend was arrested for resisting arrest. Long story short, her dad had started mouthing off to someone at the bar ( I was bartending) and someone thought there might be a fight and called the cops. Cops show up and dad wouldn't behave so my best friend kept trying to quiet him down and settle everything. Cops warned her to stop talking. She didn't. They arrested her for resisting arrest. My thought was "how can you be resisting arrest when all they did was tell you to be quiet?". Anyway, I got to call her mom and explain that her daughter and husband were in jail.:eek: