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Old 01-03-2013, 03:05 PM   #1
techs
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Default Giving the police the finger ruled Constitutional right.

http://www.huffingtonpost.com/2013/0...n_2403563.html

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."



I can't find the middle finger smiley.
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Old 01-03-2013, 03:26 PM   #2
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Good.

Here's another good (even if a bit dated) piece of related news: http://www.nydailynews.com/news/nati...icle-1.1083606
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Old 01-03-2013, 06:43 PM   #3
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good. It's well past time to stop letting cops get away with violating our rights.
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Old 01-03-2013, 07:49 PM   #4
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Sure you have seen this http://m.youtube.com/#/watch?v=6FnY6...%3D6FnY6OKN3RI
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Old 01-03-2013, 07:50 PM   #5
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Fuck the useless pigs.
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Old 01-03-2013, 09:21 PM   #6
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I thought there was alreay a ruling on that.
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Old 01-03-2013, 09:54 PM   #7
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Seems like a very reasonable ruling. The cop probably just got ticked off that someone flipped him the bird. A normal citizen wouldn't have much recourse but to flip the bird back or something like that, the cop decided to use his power as a LEO to get even. Somewhat disconcerting that the lower court actually ruled for the cop. How could anyone buy the bullshit excuse that they were trying to get the cops attention??
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Old 01-03-2013, 09:57 PM   #8
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That it even needed to go through the court system makes me a little ill.
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Old 01-03-2013, 10:10 PM   #9
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Free speech? Sure! A bad idea? Certainly! Giving someone the finger, like many other things in life, falls into the category of "just because you can doesn't mean you should".
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Old 01-04-2013, 07:11 AM   #10
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Free speech? Sure! A bad idea? Certainly! Giving someone the finger, like many other things in life, falls into the category of "just because you can doesn't mean you should".
Agree completely, just because you can do something doesn't mean you should. The problem is that the cop said that you can't do it (or get arrested), whereas the court said you can do it (legally). How and when you do it is up to your discretion.
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Old 01-04-2013, 07:38 AM   #11
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Why would someone want to flip off a cop anyway? Don't give them a reason to bother you (speeding, not wearing a seatbelt).

Guaranteed, they will be the FIRST people you call if someone committed a crime against you or someone you know.

Some of you need to start thinking before posting idiotic posts...
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Old 01-04-2013, 07:53 AM   #12
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Quote:
Originally Posted by techs View Post
http://www.huffingtonpost.com/2013/0...n_2403563.html

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."



I can't find the middle finger smiley.
Aren't you liberal? You should be completely against constitutional rights

In all seriousness, flip off the cops. Go ahead. They will find another reason to arrest/fine/ticket you. So to be honest, this means nothing to me.
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Old 01-04-2013, 08:10 AM   #13
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i wish braillians could have this freedom

oh...and vegetable pizzas
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Old 01-04-2013, 08:26 AM   #14
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Quote:
Originally Posted by MovingTarget View Post
Free speech? Sure! A bad idea? Certainly! Giving someone the finger, like many other things in life, falls into the category of "just because you can doesn't mean you should".
And that's of little relevance in a thread about constitutional rights.
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Old 01-04-2013, 08:32 AM   #15
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And that's of little relevance in a thread about constitutional rights.
I just can't understand why people do stupid stuff, and hide behind the constitution.

Case in point, I'm from Detroit and lived there quite some time, and "flipping off" the wrong person (despite it being your "right") could end with a bullet in your head.

That'll be wrong and the offender will end up in prison, but you'll end up dead. I know we're talking about cops here, but generally, screw that constitution when it comes do exercising your rights properly.
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Old 01-04-2013, 08:57 AM   #16
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I just can't understand why people do stupid stuff, and hide behind the constitution.

Case in point, I'm from Detroit and lived there quite some time, and "flipping off" the wrong person (despite it being your "right") could end with a bullet in your head.

That'll be wrong and the offender will end up in prison, but you'll end up dead. I know we're talking about cops here, but generally, screw that constitution when it comes do exercising your rights properly.
There will always be people will do stupid stuff; it's the nature of a free society. There's no law or regulation that will prevent that from happening.
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Old 01-04-2013, 09:02 AM   #17
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Quote:
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I just can't understand why people do stupid stuff, and hide behind the constitution.
Uh, asserting your constitutional rights is "hiding behind the constitution"? Look, whether something is dumb/uncool/bad timing/rude/dangerous or whatever has nothing to do with the legality. If it's legal, you can do it, but it's up to you to decide if you should do it.
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Old 01-04-2013, 09:04 AM   #18
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Uh, asserting your constitutional rights is "hiding behind the constitution"? Look, whether something is dumb/uncool/bad timing/rude/dangerous or whatever has nothing to do with the legality. If it's legal, you can do it, but it's up to you to decide if you should do it.
That prospect wrongly scares many people, religious ones in particular.
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Old 01-04-2013, 09:20 AM   #19
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Quote:
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Uh, asserting your constitutional rights is "hiding behind the constitution"? Look, whether something is dumb/uncool/bad timing/rude/dangerous or whatever has nothing to do with the legality. If it's legal, you can do it, but it's up to you to decide if you should do it.

Right.

All I am saying is that don't come crying to the police if you get your butt whipped because you flipped someone off or cursed them out. Legally, you're protected, but when you're out on the streets, take care how you excercise your rights because you can't control how the other person will react.
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Old 01-04-2013, 09:34 AM   #20
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Quote:
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All I am saying is that don't come crying to the police if you get your butt whipped because you flipped someone off or cursed them out.
But according to you: That'll be wrong and the offender will end up in prison. So which is it? Should police arrest and should the victim press charges against those who dole out a $5000 punishment for a $5 offense, or shouldn't they?
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Old 01-04-2013, 09:40 AM   #21
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But according to you: That'll be wrong and the offender will end up in prison. So which is it? Should police arrest and should the victim press charges against those who dole out a $5000 punishment for a $5 offense, or shouldn't they?
Bottom line: Enjoy your rights, but use discretion.

Flipping off a cop is probably a stupid thing to do since they're paid to serve YOU.
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Old 01-04-2013, 09:50 AM   #22
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but use discretion.
Thank you, Captain Obvious.

Quote:
Flipping off a cop is probably a stupid thing to do since they're paid to serve YOU.
Yes, but they're not paid to be assholes... which this cop was. Ditto for any cop that gives you a ticket for warning other drivers of a speed trap by briefly flashing your headlights.
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Old 01-04-2013, 10:26 AM   #23
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Yeeeeeeeaaaaahhh!!!!!!!
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Old 01-04-2013, 12:38 PM   #24
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Interesting trade. You can flip off the police and the government can void your fourth amendment rights. Good to see we have our priorities straight.
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Old 01-04-2013, 02:49 PM   #25
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interesting aspect of this is how it applies to LEO's but not judges. Enter a courtroom and give the judge the finger, and see how long it takes before you are found in contempt of court. Can't disrespect a judge, but maybe they are different from everyone else and have special rights.
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