F THE POLICE?: Flipping Off Police Officers Constitutional, Federal Court Affirms Reviewed by Momizat on . 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 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 Rating: 0
You Are Here: Home » News » 1st Amendment » F THE POLICE?: Flipping Off Police Officers Constitutional, Federal Court Affirms

F THE POLICE?: Flipping Off Police Officers Constitutional, Federal Court Affirms

Activists of Ukrainian womens' movement

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.

READ MORE



Comments

comments

© 2012 Secrets of the Fed

Scroll to top