Posts: 86,931
Threads: 2,950
Joined: Jun 2008
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."
![[Image: Zy3rKpW.png]](https://i.imgur.com/Zy3rKpW.png)
Posts: 1,273
Threads: 131
Joined: Oct 2011
Ha! No doubt a cop will find a way around that one....
Posts: 86,931
Threads: 2,950
Joined: Jun 2008
Posts: 1,273
Threads: 131
Joined: Oct 2011
(01-05-2013, 08:01 AM)Duchess Wrote:
One already tried.
I am just wondering (because of certain types I work with) if they would not acknowledge a "finger gesture" but turn it into something else paperwork wise. There are some dirty ones out there...
Posts: 4,303
Threads: 99
Joined: Dec 2008
I always thought it was silly for anyone to get riled up over another arbitrarily pointing a finger up toward the sky.
Posts: 86,931
Threads: 2,950
Joined: Jun 2008
Whenever I've received one I know they are telling me I'm #1. 
Posts: 16,868
Threads: 188
Joined: Dec 2009
I don't think I'm going to go out and test that law anytime soon. It may be legal but I also think it's pretty damn stupid.
Posts: 86,931
Threads: 2,950
Joined: Jun 2008
Me either. Only a nitwit would WANT to attract their attention.
Posts: 86,931
Threads: 2,950
Joined: Jun 2008
...although I guess that's what my loud music does. 
Posts: 26,246
Threads: 228
Joined: Dec 2008
What if you're coming up to a lane closure and just to be a dick the cop speeds up so you're not able to merge over?
Posts: 86,931
Threads: 2,950
Joined: Jun 2008
You can flip him off & it's all good.
Posts: 16,868
Threads: 188
Joined: Dec 2009
(01-05-2013, 02:03 PM)sally Wrote: What if you're coming up to a lane closure and just to be a dick the cop speeds up so you're not able to merge over?
If you hadn't waited till the last fucking second to merge, it wouldn't have been an issue.
Posts: 86,931
Threads: 2,950
Joined: Jun 2008
Posts: 26,246
Threads: 228
Joined: Dec 2008
(01-05-2013, 02:09 PM)Duchess Wrote:
She's one of THEM!
You mean one of those people that gets road rage when someone tries to cut in because the road is blocked ahead? Yep, thats User.
Posts: 4,303
Threads: 99
Joined: Dec 2008
Slowing down and merging IN would kill you?!
(I do understand your point, though and as every profession hires from the human race, each then has a percentage of rude people working within that organization.)
Posts: 16,868
Threads: 188
Joined: Dec 2009
(01-05-2013, 04:43 PM)OnBendedKnee Wrote: Slowing down and merging would kill you?!
You know people who pretend they're taking an off-ramp only to cut back in at the last second? Sally.
Posts: 26,246
Threads: 228
Joined: Dec 2008
(01-05-2013, 04:43 PM)OnBendedKnee Wrote: Slowing down and merging IN would kill you?!
That's what I meant. Every once in a while you try to do that and you get that crazy fuck (User) that says "oh no, you ain't getting in front me bitch, I'ma speed up so your ass can't get in".
Posts: 4,303
Threads: 99
Joined: Dec 2008
Had this happen twice today:
Light turns green. Vehicle in front continues to pause... one mississippi. . . two mississippi. . .then they meander forward.
I know this really has nothing to do with this thread, but thought I'd share.
(Please. Carry on.)
Posts: 26,246
Threads: 228
Joined: Dec 2008
(01-05-2013, 05:17 PM)OnBendedKnee Wrote: Had this happen twice today:
Light turns green. Vehicle in front continues to pause... one mississippi. . . two mississippi. . .then they meander forward.
I know this really has nothing to do with this thread, but thought I'd share.
(Please. Carry on.)
Were you on duty? Because if you beeped your horn they'd have the right to flick you off since they were using the 5 second rule at the light.
Do you ever get annoyed when you get behind someone and they do the exact speed limit, especially when it's 25?
Posts: 16,868
Threads: 188
Joined: Dec 2009
(01-05-2013, 05:10 PM)sally Wrote: (01-05-2013, 04:43 PM)OnBendedKnee Wrote: Slowing down and merging IN would kill you?!
That's what I meant. Every once in a while you try to do that and you get that crazy fuck (User) that says "oh no, you ain't getting in front me bitch, I'ma speed up so your ass can't get in".
Guilty!
|
