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Old 08-04-2014, 06:12 PM  
Mr. Laz Mr. Laz is offline
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Giving the bird is now legal!!!
Flipping Off Police Officers Constitutional, Federal Court Affirms
Posted: 01/03/2013 1:36 pm EST | Updated: 01/04/2013 3:54 am EST

FOLLOW: Video, Flipping The Bird, Giving Finger To Police Constitutional, John Swartz, Judy Mayton-Swartz, Kevin Collins, Richard Insogna, Giving-The-Finger, Justice, Politics News

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."
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Old 08-04-2014, 06:13 PM   #2
keg in kc keg in kc is offline
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Officer, I was just exercising my constitutional rights.
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Old 08-04-2014, 06:13 PM   #3
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Probably still not a smart move.
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Old 08-04-2014, 06:14 PM   #4
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Not that I care, but I can't think of any situation where I've ever felt the need to flip off a police officer.
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Old 08-04-2014, 06:15 PM   #5
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Originally Posted by Rain Man View Post
Probably still not a smart move.
This.

They'll just find probable cause to pull you over.
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Old 08-04-2014, 06:22 PM   #6
In58men In58men is offline
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You think the cops give a **** what's right or wrong? They have the power and you don't
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Old 08-04-2014, 06:23 PM   #7
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This.

They'll just find probable cause to pull you over.

"But officer, that tail light's not broken! Oh."
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Old 08-04-2014, 08:41 PM   #8
Pepe Silvia Pepe Silvia is offline
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Originally Posted by Inmem58 View Post
You think the cops give a **** what's right or wrong? They have the power and you don't
this. They can ass rape you and hang you in a tree just cause they feel like it.
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Old 08-04-2014, 08:43 PM   #9
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Quote:
Originally Posted by Rain Man View Post
Probably still not a smart move.
Uhhh, ya.....you're just asking for it.
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Old 08-04-2014, 08:43 PM   #10
In58men In58men is offline
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Originally Posted by PackerinMo View Post
this. They can ass rape you and hang you in a tree just cause they feel like it.

Some people are forever trying to one up the cops. All these videos of cops abusing their power doesn't do any good. They'll walk every single time, unless they pull their gun thinking it's a tazer.
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Old 08-04-2014, 08:54 PM   #11
rtmike rtmike is offline
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I've often wondered whether it was legal. I mean, I've never read about someone being charged with it & what the charges were I guess is what I mean, I mean.

Now I know, I mean.
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