HomeLatest ThreadsGreatest ThreadsForums & GroupsMy SubscriptionsMy Posts
DU Home » Latest Threads » Forums & Groups » Main » General Discussion (Forum) » I'm loving this: Federal ...
Introducing Discussionist: A new forum by the creators of DU

Sat Jan 5, 2013, 07:33 PM

I'm loving this: Federal Court Rules Flipping Off Police Is Constitutional (FUCK YEAH!) [View all]




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.

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."

http://www.huffingtonpost.com/2013/01/03/flip-off-police_n_2403563.html?

42 replies, 2797 views

Reply to this thread

Back to top Alert abuse

Always highlight: 10 newest replies | Replies posted after I mark a forum
Replies to this discussion thread
Arrow 42 replies Author Time Post
Reply I'm loving this: Federal Court Rules Flipping Off Police Is Constitutional (FUCK YEAH!) [View all]
MrScorpio Jan 2013 OP
Fumesucker Jan 2013 #1
Jenoch Jan 2013 #2
MrScorpio Jan 2013 #3
Jenoch Jan 2013 #4
MrScorpio Jan 2013 #6
Jenoch Jan 2013 #8
MrScorpio Jan 2013 #10
Jenoch Jan 2013 #13
MrScorpio Jan 2013 #17
Jenoch Jan 2013 #18
MrScorpio Jan 2013 #21
Jenoch Jan 2013 #22
white_wolf Jan 2013 #23
djg21 Jan 2013 #40
MrScorpio Jan 2013 #24
Jenoch Jan 2013 #25
MrScorpio Jan 2013 #27
Jenoch Jan 2013 #29
MrScorpio Jan 2013 #30
Jenoch Jan 2013 #31
kestrel91316 Jan 2013 #12
Jenoch Jan 2013 #15
djg21 Jan 2013 #37
TheMadMonk Jan 2013 #16
MrScorpio Jan 2013 #20
TheMadMonk Jan 2013 #41
Cirque du So-What Jan 2013 #5
MrScorpio Jan 2013 #7
ProudToBeBlueInRhody Jan 2013 #9
MrScorpio Jan 2013 #11
kestrel91316 Jan 2013 #14
ProudToBeBlueInRhody Jan 2013 #36
RedCappedBandit Jan 2013 #19
Renew Deal Jan 2013 #26
MrScorpio Jan 2013 #28
Skittles Jan 2013 #32
MrScorpio Jan 2013 #33
Kalidurga Jan 2013 #34
Amonester Jan 2013 #35
-..__... Jan 2013 #38
MrScorpio Jan 2013 #39
librechik Jan 2013 #42