Politics & Government
Flipping Off a Police Officer is Constitutional
A federal appeals court recently ruled on the constitutionality of giving a cop the finger.
While it's probably not a wise thing to do, "flipping off" a cop with your middle finger is not reason enough to get you pulled over and arrested.
The Huffington Post reports that a 14-page opinion released by the U.S. Court of Appeals for the 2nd Circuit ruled Jan. 3, that the "ancient gesture of insult is not the basis for a reasonable suspicion of a traffic violation or impending criminal activity."
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The "ancient gesture", however, is what got John Swartz in trouble in May 2006. The Huffington Post reports that Swartz and his wife "Judy Mayton-Swartz 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."
In July 2011, a federal judge in the Northern District of New York granted summary judgement to the police officers but the Jan. 3 decision erased that and ordered the lower court to take up the case again.
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So, tell us - would you give a cop the middle finger?
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