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-Short Attention Span Theater-
Flipping Off Police Officers Constitutional, Federal Court Affirms
2013-01-06
Nonetheless, seriously unwise. Not to mention rude.
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."
Posted by:Beavis

#6  $400 to get rid of that screeching harpy? Probably worth it. The Judge also probably didn't want to deal with her as she seems the type to pursue this until you were "punished".
Posted by: Charles   2013-01-06 14:44  

#5  Well the Judge believed her, (even though I showed him the fake Splinted finger) and fiined me %400, But I don't think I was wrong.

Don't get into a confrontation with black women, armed (you) or otherwise. They are DANGEROUS!
Posted by: Secret Asian Man   2013-01-06 14:36  

#4  PS, I WAS armed, but it didn't seem to be a good time.
Posted by: Redneck Jim   2013-01-06 11:28  

#3  I had a Black Woman (No lady) give me the middle finger as she screamed past me and cut in front, when I pulled in front of her and demanded an appollogy she went Berserk, Falsely claimed to call the cops and wouldn't, then tried to make me not call either, and gave me the finger again, I grabbed get hand and bent her finger back, (Trying to dislocate it) All the while she's creaming "I've assaulted her". and trying to get away.

This went on until three Cops Pulled in behind us (Shift change at the local Sub station)and she jumped ut and screamed "I called you "(Liar)then she Lied her ass off and tried to have me arrested_(Didn't work) then sued me and showed up in court with the WRONG finger Splinted.

Well the Judge believed her, (even though I showed him the fake Splinted finger) and fiined me %400, But I don't think I was wrong.

Do you?
I was released and left, haven't seen her since.

And good riddance.
Posted by: Redneck Jim   2013-01-06 11:24  

#2  Not a good habit to get into where I live, unless of course you have a death wish. Kinetic road rage is generally preceded by incidents such as this.
Posted by: Besoeker   2013-01-06 05:22  

#1  FWIW, I had 'showing the middle finger to the other driver' written up on my next to last speeding / failure to signal ticket on the Mass. pike about ten years ago. How am I supposed to signal when I'm flipping off another driver?
Posted by: Raj   2013-01-06 01:42  

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