Flipping Off Police Officers Constitutional, Federal Court Affirms

[LongHairBri]

WASHINGTON -- A police officer can't pull you over and arrest you just because you gave him the finger, a federal appeals court declared Thursday.

 

In a 14-page opinion, the U.S. Court of Appeals for the 2nd Circuit ruled that the "ancient gesture of insult is not the basis for a reasonable suspicion of a traffic violation or impending criminal activity."

 

John Swartz and his wife Judy Mayton-Swartz had sued two police officers who arrested Swartz in May 2006 after he flipped off an officer who was using a radar device at an intersection in St. Johnsville, N.Y. Swartz was later charged with a violation of New York's disorderly conduct statute, but the charges were dismissed on speedy trial grounds.

 

A federal judge in the Northern District of New York granted summary judgement to the officers in July 2011, but the Court of Appeals on Thursday erased that decision and ordered the lower court to take up the case again.

 

Richard Insogna, the officer who stopped Swartz and his wife when they arrived at their destination, claimed he pulled the couple over because he believed Swartz was "trying to get my attention for some reason." The appeals court didn't buy that explanation, ruling that the "nearly universal recognition that this gesture is an insult deprives such an interpretation of reasonableness."

 

Source

[+Malamute]

This is priceless on many levels.

 

I have seen many cases won on the basis of flipping off a police officer.

 

:-)

 

Speech. Freedom!

[Dr. Bob]

Guess it goes back the the old argument that there are things you can do, and things you should do, and they are not always the same. Can you do it, clearly yes. Should you? No. At the very least you are going to get hassled, in this case he spent years in court and huge quantities of money to prove what? That he can be an asshat in public.

 

Pick your battles.

 

Dr. Bob

[GanjaWarrior]

Guess it goes back the the old argument that there are things you can do, and things you should do, and they are not always the same. Can you do it, clearly yes. Should you? No. At the very least you are going to get hassled, in this case he spent years in court and huge quantities of money to prove what? That he can be an asshat in public.

 

Pick your battles.

 

Dr. Bob

 

only one asshat in this story.... the cop who lied in court and should be fired.

[Timmahh]

Guess it goes back the the old argument that there are things you can do, and things you should do, and they are not always the same. Can you do it, clearly yes. Should you? No. At the very least you are going to get hassled, in this case he spent years in court and huge quantities of money to prove what? That he can be an asshat in public.

 

Pick your battles.

 

Dr. Bob

 

Your Ignorance is XXXXX Amazingly High. How in the hell did you get a License to practice medicine?

what a silly billy. Your cowardly donkey would not Understand something so Fundamental as Principle.

Edited January 5, 2013 by mibrains
removed swearing missed by the filter

[Dr. Bob]

Gosh Tim, tell us how you really feel....

 

Always nice to hear from you.

 

Dr. Bob

[Dr. Bob]

Let's discuss principles Tim.

 

Enforcing federal law in a state court can be done legally, some would view it as a good way to get around the MMMA because they can, is that a principle?

Including the DEA on raids can be done legally, some would view it as a good way to get around the MMMA because they can, is that a principle?

 

There are things you can do, and things you should do. Principles, ethics, and manners guide the latter.

 

Dr. Bob

[t-pain]

why did a lower court side with the cop??

flipping people off is protected speech, end of story.

 

why is the cop is wasting taxpayer time on people flipping him off.

why isnt he catching that guy tailgating you on the highway?

or the guy driving with no brake lights?

or patroling high-crime gas stations?

 

this is what you want our police force doing? _arresting_ people for free speech?

isnt disorderly conduct a ticket? why arrested?

 

could go on and on.

[Highlander]

A good lesson from this is to remember that it is a bad a idea to flip off a stranger for no good reason. Even worse if he has a badge and a gun. Worse yet if he has a gun and no badge.

 

I "should" be able to flip off a cop and know that he'll take it with a smile. I should be able to walk the streets of Detroit at night wearing all kinds of gold chains. But these are both bad ideas.

 

People should make smart decisions.

[phaquetoo]

Yea Id say the one with tape on his mouth should just go crawl back in his corn holieo!

 

Did I say that!

 

Peace

Jim

[cujo]

Guess it goes back the the old argument that there are things you can do, and things you should do, and they are not always the same. Can you do it, clearly yes. Should you? No. At the very least you are going to get hassled, in this case he spent years in court and huge quantities of money to prove what? That he can be an asshat in public.

 

Pick your battles.

 

Dr. Bob

exactly! try it . you'll be harrased who needs to push it. Don't look to start something with cops. I found out the hard way, when I was younger with attitude. they don't all follow the rules when no one is watching.

[cujo]

Your Ignorance is fu cking Amazingly High. How in the hell did you get a License to practice medicine?

what a silly billy. Your cowardly donkey would not Understand something so Fundamental as Principle.

principle..... really you could use that excuse to shoot feds too don't be stupid. lets try to do things the right way!

[cristinew]

there is that wild armed baby ,, hey welcome back cujo

[Dr. Bob]

principle..... really you could use that excuse to shoot feds too don't be stupid. lets try to do things the right way!

 

This guy is simply an agitator who rarely adds anything to conversations. I try and keep him on ignore, but when he posts sometimes I can't help myself and take a peak. He is one of those 'all caps, no facts' types we see on the boards occasionally. I don't worry much about him and I really don't think others should either. He'll go run off to another board soon enough.

 

Dr. Bob

[GregS]

(smiles)

[Celliach]

Back in the 70s or early 80s a high school kid won a case after the police dragged him off a school bus for giving the cop the finger. The kid's lawyer had to prove in court that flipping the finger conveyed a message and therefore was protected free speech. I laughed pretty hard at that time thinking about what the lawyer could have said to prove that.

[Herb Cannabis]

(smiles)

 

I owe you a big thank you for your good deeds. THANK YOU!

[GregS]

I owe you a big thank you for your good deeds. THANK YOU!

 

You betcha.

 

Our law enforcement professionals have always been number one with me.

[cujo]

This guy is simply an agitator who rarely adds anything to conversations. I try and keep him on ignore, but when he posts sometimes I can't help myself and take a peak. He is one of those 'all caps, no facts' types we see on the boards occasionally. I don't worry much about him and I really don't think others should either. He'll go run off to another board soon enough.

 

Dr. Bob

that's o k I sometimes run off at the mouth too. just watch my post when I get going .

[cujo]

there is that wild armed baby ,, hey welcome back cujo

thank you finally some love.

[Dr. Bob]

Bullies are cowards. Notice we had one try here, and folks stood up to him. See any more posts from him? Nope. A slap across the face shuts most of them up.

 

I think when it comes to cannabis, there are two principles we need to stand by. First, don't antagonize the cops, they are still trying to readjust their world view and that takes time. Don't flip them off, light up in front of them, or otherwise bring yourself to their attention. Second, if they do try and bully you, stand up for yourself, but in this world that doesn't mean fight them, it means get a good lawyer and slap them in court. File suit for malicious prosecution if your case is really good and you have the right court to take it to (most side with the cops to encourage them to investigate and charge when criminal activity is suspect as a matter of public policy).

 

Dr. Bob

[GregS]

Bullies are cowards. Notice we had one try here, and folks stood up to him. See any more posts from him? Nope. A slap across the face shuts most of them up.

 

I think when it comes to cannabis, there are two principles we need to stand by. First, don't antagonize the cops, they are still trying to readjust their world view and that takes time. Don't flip them off, light up in front of them, or otherwise bring yourself to their attention. Second, if they do try and bully you, stand up for yourself, but in this world that doesn't mean fight them, it means get a good lawyer and slap them in court. File suit for malicious prosecution if your case is really good and you have the right court to take it to (most side with the cops to encourage them to investigate and charge when criminal activity is suspect as a matter of public policy).

 

Dr. Bob

 

Almost, and some will argue certainly, by definition, the state is the institution that has a monopoly on the use of coercion and violence. For that reason it reserves to itself and to its agents the immunities that render citizens helpless in cases of extremes. This is not to say that it is hopeless to call the bad actors out, but return on investment of time and money are not in our favor.

[purple pimpernel]

I don't flip off cops or swat bees nests--- I am allergic to both

 

I usually stick my finger up my nose and pretend I'm 'picking--

if im dirty and I see one looking at me....

 

works every time

 

[cujo]

I don't flip off cops or swat bees nests--- I am allergic to both

 

I usually stick my finger up my nose and pretend I'm 'picking--

if im dirty and I see one looking at me....

 

works every time

maybe I should try that it was easier when I smoked cigaretes. but that is sure death it almost took me out.

[cristinew]

stick your finger up yor nose then flip them the bird,,