The 14-page opinion issued by the 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.”
The ruling comes in response to a case where John Swartz and his wife Judy Mayton-Swartz were forced to bring suit against two police officers who arrested Swartz back in May of 2006. The arrest was made simply as a result of John Swartz flipping off the officer who was using a radar device at an intersection in St. Johnsville, New York.
Swartz was charged with “disorderly conduct,” the common way that officers charge people when they have not committed any crime.
Even though a federal judge in the Northern District of New York had granted summary judgement in favor of the officers back in July of 2011, the Court of Appeals erased that decision.
More
Salute.
ReplyDeleteThen it should be 100% legal for them to snap it off and shove it down your throat.
ReplyDelete9:24, that's assault.
ReplyDelete9:24 Anger management for Kops is at Peninsula Mental Health Services on Market St.
ReplyDeleteThey make a living off mad sociapath kops.
You should make an appointment.
What you clowns fail to realize is, the cops know that it is not illegal to do half the stuff you do but they are still told by "upper" to harass you...
ReplyDeletethat is what you need to be worried about, that 1)they are doing what they are told with no moral guidance and 2)the uppers are telling them to do it...
Flipping off a cop is immature and petty. Who cares. Have fun being childish...
ReplyDeleteI did that a long time ago when i was a teenager. I was going east and he was going west. you know that sucker turned around and pulled me over? guess it wasnt legal back then?
ReplyDeleteHere's a funny story.
ReplyDeleteYears ago I was headed east on 50. A state trooper pulled out in front of me. I then had to slam brakes and the car behind me almost hit me as well. I believe the trooper just flat out didn't see me.
So I then proceed to honk, flip the bird and cuss and let him know what an A hole he was at the next light, forgetting that I had a small hole in my exhaust lol.
That sucker pulled me over and gave me a work order for my exhaust after I was finished telling him what. No ticket, no apology either .
Although I totally unerstand how easy it is to get frustrated with the police and their seeminlgy ever increasing "step on our freedoms policies", legal does not make it right and I doubt it helps much.
ReplyDeleteThe finger and rude people are part of the job, not that it's right but it's a fact. I deal with it daily and somedays are better than others but it happens and you go on.
ReplyDeleteEasier said than done I know
If you shout at a cop and give him the finger that's called disorderly conduct. .)giving the finger isn't but shouting is so good luck with testing this theory.
ReplyDeleteI am a cop and I am a short timer. I just flip the bird right back. I treat people the way they treat me. No it is not a crime to flip the bird or call me names. I just say it right back with a smile usually the person doing it starts to smile back. They want the cop to go off. When they get hit with a smile and bird back they laugh. Never had one person report me lol
ReplyDeletePeople just want to be heard. I get it. All people are not bad. All cops are not bad.
If you're a cop then you know if someone is in your face screening you and I know it's disorderly conduct and I am on the job too.
DeleteIs it a law that citizens MUST like cops? A person flipping their middle finger at a cop is one’s expression letting the cop know he/she is not liked. When the cops go back to “protect and serve” then maybe they won’t get the middle finger flipped at them.
ReplyDeleteMost cops don’t look at their job as “to protect and serve”. They are told that they must produce more tickets and make more arrests or they are not working for their pay.
Many cops have little or no respect for citizens. Why should citizens have respect for cops? When a cop is acting like a bully and or screaming in your face, the cop should be charged with disorderly conduct.