Flipping Off Police Officers Constitutional, Federal Court Affirms

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."

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

Views: 113

Reply to This

"Destroying the New World Order"

TOP CONTENT THIS WEEK

THANK YOU FOR SUPPORTING THE SITE!

mobile page

12160.info/m

12160 Administrators

 

Latest Activity

tjdavis posted blog posts
2 hours ago
Doc Vega posted a blog post

Is America on the brink of a Dire Emergency

 You might know if you have remained informed that America has been under asymmetric warfare for…See More
Saturday
tjdavis favorited Burbia's video
Thursday
tjdavis posted videos
Thursday
rlionhearted_3 commented on Sandy's photo
Nov 11
cheeki kea posted a photo
Nov 11
cheeki kea favorited tjdavis's blog post Propaganda,Cognitive Warfare Europes Self Destruction
Nov 11
cheeki kea commented on tjdavis's photo
Thumbnail

Sustenance

"Bacon health to the nation for one and all and stealth for operations elsewhere in the war. Yip a…"
Nov 11
Doc Vega posted a blog post

The Consequence of Loneliness: Another Missing Person Case

Chapter I“Unit 7, Unit 7. Do you read? This is dispatch!”“This is Unit 7, over!” Deputy Patterson…See More
Nov 10
Cora is now a member of 12160 Social Network
Nov 10
tjdavis's 3 blog posts were featured
Nov 10
Doc Vega's 6 blog posts were featured
Nov 10
Sandy posted a photo
Nov 9
Doc Vega posted blog posts
Nov 9
tjdavis posted a video

Devo - Fresh

"Fresh" is from Devo's 2010 album, Something For Everybody. Video producer – Brian Carr/David VotteroVideo director – Gerald Casale & Davy Forcehttps://www.C...
Nov 8
Doc Vega commented on tjdavis's blog post Drones Used In Gaza Surveilling US Cities
"Remember that song by Alan Parsons "Eye in the Sky"?"
Nov 8
Snakedaddy favorited tjdavis's video
Nov 8
Doc Vega posted a blog post
Nov 7
tjdavis posted blog posts
Nov 7
Cora favorited Doc Vega's blog post They Won’t Stop
Nov 6

© 2025   Created by truth.   Powered by

Badges  |  Report an Issue  |  Terms of Service

content and site copyright 12160.info 2007-2019 - all rights reserved. unless otherwise noted