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Thu Jan 3, 2013, 08:11 PM

Appeals Court: Motorist Cannot be Stopped for Giving Police the Middle Finger

Source: Raw Story

Appeals court: Motorist cannot be stopped for giving police the middle finger

By Eric W. Dolan

Thursday, January 3, 2013 19:31 EST

A motorist cannot be stopped for “giving the finger” to a police officer, the U.S. Court of Appeals ruled Thursday.

- snip -

The couple saw a police officer using a radar gun to catch speeding motorists at an intersection. John, who was a passenger in the car, stuck his arm outside the side window and “flipped the bird” over the car’s roof. The police officer then followed the couple to their son’s home and stopped them. John was arrested for disorderly conduct after other officers arrived as backup.

The officer who initially followed and stopped the couple said he did so because John appeared to be trying to get his attention by waving his middle finger. However, the court didn’t buy that argument.

“(T)he nearly universal recognition that this gesture is an insult deprives such an interpretation of reasonableness,” Circuit Judge Jon O. Newman wrote in the ruling (PDF). “This ancient gesture of insult is not the basis for a reasonable suspicion of a traffic violation or impending criminal activity. Surely no passenger planning some wrongful conduct toward another occupant of an automobile would call attention to himself by giving the finger to a police officer.”

Read more: http://www.rawstory.com/rs/2013/01/03/appeals-court-motorist-cannot-be-stopped-for-giving-police-the-middle-finger

18 replies, 3258 views

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Arrow 18 replies Author Time Post
Reply Appeals Court: Motorist Cannot be Stopped for Giving Police the Middle Finger (Original post)
Hissyspit Jan 2013 OP
SunSeeker Jan 2013 #1
jberryhill Jan 2013 #2
DollarBillHines Jan 2013 #5
liberal N proud Jan 2013 #3
Kolesar Jan 2013 #4
ReRe Jan 2013 #14
gvstn Jan 2013 #6
annabanana Jan 2013 #11
AnotherMcIntosh Jan 2013 #7
SkyDaddy7 Jan 2013 #18
A Simple Game Jan 2013 #8
caseymoz Jan 2013 #9
WHEN CRABS ROAR Jan 2013 #10
supercats Jan 2013 #12
Tempest Jan 2013 #13
Nye Bevan Jan 2013 #15
Occulus Jan 2013 #17
struggle4progress Jan 2013 #16

Response to Hissyspit (Original post)

Thu Jan 3, 2013, 08:15 PM

1. "...ancient gesture of insult ..."

I coulda used this ruling when was growing up!

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Response to Hissyspit (Original post)

Thu Jan 3, 2013, 08:18 PM

2. If you were being kidnapped....

How might you attract the attention of a police officer?

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Response to jberryhill (Reply #2)

Thu Jan 3, 2013, 08:33 PM

5. I would draw my SuperDuper 9MM and fire a few shots into the air.

or something

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Response to Hissyspit (Original post)

Thu Jan 3, 2013, 08:19 PM

3. Be safe, give them the thumbs up

It offers the same insult in some middle east cultures.

Thumbs up" traditionally translates as the foulest of gesticular insults in some Middle Eastern countries — the most straightforward interpretation is "Up yours, pal!" The sign has a similarly pejorative meaning in parts of West Africa, South America, Iran, and Sardinia, according to Roger E. Axtell's book Gestures: The Do's and Taboos of Body Language Around the World."


http://en.wikipedia.org/wiki/Thumbs_signal

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Response to liberal N proud (Reply #3)

Thu Jan 3, 2013, 08:30 PM

4. Rotate!

In our rude, 1970s, vernacular

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Response to liberal N proud (Reply #3)

Thu Jan 3, 2013, 10:25 PM

14. Very interesting...

1+

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Response to gvstn (Reply #6)

Thu Jan 3, 2013, 09:49 PM

11. Yep!. . always ahead of the story. .n/t

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Response to Hissyspit (Original post)

Thu Jan 3, 2013, 09:02 PM

7. Misleading headline -- It should read "Motorist Cannot be LEGALLY Stopped for ..."

 

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Response to AnotherMcIntosh (Reply #7)

Fri Jan 4, 2013, 06:05 AM

18. EXACTLY!!!

If you flip a cop off now they will still come after you they will simply do what cops do MAKE UP A DIFFERENT REASON! Cops can literally do almost anything they want especially if they are smart about how they report what they did. However, even when caught doing something unethical or even flat out illegal they rarely get punished & when they do most of the time they are allowed to resign & another law enforcement agency will hire them...You will rarely ever hear of a cop getting fired. That is unless the cop is a whistle blower then they will feel the full force of the "Law"!!

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Response to Hissyspit (Original post)

Thu Jan 3, 2013, 09:07 PM

8. When did trying to get someone's attention become disorderly conduct?

Stupid cop couldn't come up with a better excuse?

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Response to Hissyspit (Original post)

Thu Jan 3, 2013, 09:44 PM

9. Except if flipping off is declared to be aiding terrorism . . .


. . . under the NDAA, in which case, the motorist and his passengers can disappear forever.

Hurray for freedom!

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Response to Hissyspit (Original post)

Thu Jan 3, 2013, 09:47 PM

10. Next time he will be stopped for an equipment violation,

like a taillight out, that magically repairs itself, or for looking like a murder suspect.
Cops have many ways to play this game.

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Response to Hissyspit (Original post)

Thu Jan 3, 2013, 10:03 PM

12. Yea!!!

There is a little bit of our freedoms still in tact. Cops serve a valuable purpose but more times than not I believe they abuse their rights and privileges. Glad to see this ruling!

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Response to Hissyspit (Original post)

Thu Jan 3, 2013, 10:14 PM

13. This goes along with the SC decision that says you can say "fuck you" to a cop

And it's protected speech.

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Response to Hissyspit (Original post)

Thu Jan 3, 2013, 10:35 PM

15. OK. That doesn't mean that it's the greatest idea in the world, however (nt)

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Response to Nye Bevan (Reply #15)

Fri Jan 4, 2013, 12:34 AM

17. Why?

Why, exactly, is it not the greatest idea?

Please tell us.

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Response to Hissyspit (Original post)

Fri Jan 4, 2013, 12:15 AM

16. Meh. It's not as impressive as the right to moon in Maryland


Mooning Deemed 'Disgusting' but No Crime in Md.

By Ernesto Londońo
Washington Post Staff Writer
Wednesday, January 4, 2006

Acquitting a Germantown man who exposed his buttocks during an argument with a neighbor, a Montgomery County Circuit Court judge ruled yesterday that mooning, while distasteful, is not illegal in Maryland ...

http://www.washingtonpost.com/wp-dyn/content/article/2006/01/03/AR2006010301509.html

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