Flipping Off Police Officers Constitutional, Federal Court Affirms

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.

Flipping Off Police Officers Constitutional, Federal Court Affirms [continued]


 

LC-logo-weekly-newsletter

A free, once–weekly e-mail round-up of liberty news, articles and activism.