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+--- Thread: FLIPPING OFF LEO's IS CONSTITUTIONAL (/thread-9508.html)
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FLIPPING OFF LEO's IS CONSTITUTIONAL - Duchess - 01-04-2013
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."
RE: FLIPPING OFF LEO's IS CONSTITUTIONAL - Sphincter Cop - 01-05-2013
Ha! No doubt a cop will find a way around that one....
RE: FLIPPING OFF LEO's IS CONSTITUTIONAL - Duchess - 01-05-2013
One already tried.
RE: FLIPPING OFF LEO's IS CONSTITUTIONAL - Sphincter Cop - 01-05-2013
(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...
RE: FLIPPING OFF LEO's IS CONSTITUTIONAL - OnBendedKnee - 01-05-2013
I always thought it was silly for anyone to get riled up over another arbitrarily pointing a finger up toward the sky.
RE: FLIPPING OFF LEO's IS CONSTITUTIONAL - Duchess - 01-05-2013
Whenever I've received one I know they are telling me I'm #1.
RE: FLIPPING OFF LEO's IS CONSTITUTIONAL - username - 01-05-2013
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.
RE: FLIPPING OFF LEO's IS CONSTITUTIONAL - Duchess - 01-05-2013
Me either. Only a nitwit would WANT to attract their attention.
RE: FLIPPING OFF LEO's IS CONSTITUTIONAL - Duchess - 01-05-2013
...although I guess that's what my loud music does.
RE: FLIPPING OFF LEO's IS CONSTITUTIONAL - sally - 01-05-2013
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?
RE: FLIPPING OFF LEO's IS CONSTITUTIONAL - Duchess - 01-05-2013
You can flip him off & it's all good.
RE: FLIPPING OFF LEO's IS CONSTITUTIONAL - username - 01-05-2013
(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.
RE: FLIPPING OFF LEO's IS CONSTITUTIONAL - Duchess - 01-05-2013
She's one of THEM!
RE: FLIPPING OFF LEO's IS CONSTITUTIONAL - sally - 01-05-2013
(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.
RE: FLIPPING OFF LEO's IS CONSTITUTIONAL - OnBendedKnee - 01-05-2013
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.)
RE: FLIPPING OFF LEO's IS CONSTITUTIONAL - username - 01-05-2013
(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.
RE: FLIPPING OFF LEO's IS CONSTITUTIONAL - sally - 01-05-2013
(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".
RE: FLIPPING OFF LEO's IS CONSTITUTIONAL - OnBendedKnee - 01-05-2013
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.)
RE: FLIPPING OFF LEO's IS CONSTITUTIONAL - sally - 01-05-2013
(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?
RE: FLIPPING OFF LEO's IS CONSTITUTIONAL - username - 01-05-2013
(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!