Man Who Gave Police The Finger Gets Federal Case Reinstated
from the digitus-impudicus dept
The middle finger, or flipping the bird, or digitus impudicus, is a wonderfully universal way to let someone know what you think of them. We recently told you the story of a delightful woman who fashioned her Christmas lights into the gesture as a way to help her neighbors get into the holiday spirit. What I didn't realize is how many stories there are of people giving the bird to the police while driving around on streets. Quite frankly, it never occurred to me to be driving past someone who has the ability to make me miserable in so many different ways and give them the finger.But that's exactly what Vietnam veteran John Swartz of New York did, flipping off an officer and his speed gun as he drove past in 2006. He was subsequently pulled over and arrested for disorderly conduct. He's apparently been fighting back ever since and now his court case has been reinstated by a federal appeals court, who didn't believe the arresting officer's explanation that he pulled the car over because he thought the middle finger was meant as an alert that the female driver, Swartz's wife, needed assistance.
From the three judge panel:
Perhaps there is a police officer somewhere who would interpret an automobile passenger's giving him the finger as a signal of distress, creating a suspicion that something occurring in the automobile warranted investigation. And perhaps that interpretation is what prompted Insogna to act, as he claims. But the nearly universal recognition that this gesture is an insult deprives such an interpretation of reasonableness. This ancient gesture of insult is not the basis for a reasonable suspicion of a traffic violation or impending criminal activity. Surely no passenger planning some wrongful conduct toward another occupant of an automobile would call attention to himself by giving the finger to a police officer.On the one hand, it's good that a court recognized that there is no law against flipping off the police and that free speech should be protected from hysterically reaching justifications for revenge arrests like this. On the other hand, it's a little sad that a federal appeals court has to delve into such territory at all. Of course, none of this should be read as some embrace for flipping off police in general, but speech is speech and it should be protected. In any case, this isn't over yet and no date for trial has yet been set, so we'll have to wait for a verdict.
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Filed Under: driving, expression, middle finger, speech
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But note that while he was arrested, he was never prosecuted. So he's suing for unlawful arrest.
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It is interesting to note the many times officer(s) claim their function is to enforce the law, not serve and protect and then attempt to use "protect" as an excuse for their questionable actions.
It's no wonder the police are not trusted.
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With one finger. One particular finger... this is obviously an officer who really doesn't do well under pressure, as well as being someone who doesn't take insults well and is willing to use his job position to retaliate.
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piggies 'testilie' every damn day without repercussions, why should he expect he'll get called out on his lies now ? ? ?
part of the corrupted system, is all...
art guerrilla
aka ann archy
eof
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This IS a repeat from 1970
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Maybe we need a 3 strikes law
After three such false arrests an officer should no longer be allowed to field work in law enforcement. A back room desk job in Point Barrow Alaska is perhaps more suitable to this officer's temperament for working with the public.
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Re: Maybe we need a 3 strikes law
Me, I think they should at the very least be fired and blacklisted.
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This probably isn't what happened, but...
You pass a traffic cop. How can you signal to the cop that you're in distress without alerting your kidnappers?
Giving the finger might not be a bad solution. The cop will probably be pissed off, and pull the car over.
Obviously the cop in this case isn't very bright - if he'd said he thought the _passenger_ was signaling for help he might have a case. (And if he'd just wasted 20 minutes of the motorist's time and then let him go, there would be no case.)
But, given the nature of cops, normal self-interested people don't give them the finger. Investigating the exceptions doesn't strike me as obviously wrong.
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Re: This probably isn't what happened, but...
But as you say, flipping of a cop may very well be a good way of getting attention.
Now, I know the cop supposedly claimed he thought the driver was having problems, but it was in fact the passenger that flipped him off.
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Stereotypically, US cops are arses
Until on two occasions in US, one was simple, I left my belt at a security check for the Ferry to Staten Island in New York. The screwed up cop lady wouldn't let me go to get my belt, a total ass of a cop. Besides buying a new belt, my pants kept slipping and I was totally annoyed while on a vacation.
Second was when driving in US, not sure where I was pulled by an unmarked police car and given a ticket that read, "Passed a police cruiser" or something. I wasn't even speeding. I mean WTF is that ticket supposed to mean. The cop was completely rude an unreasonable. How am I supposed to know that its a police cruiser if its unmarked, further why is it an offence to overtake one when he doesn't even have is emergency lights on. The ticket fine was messily and not worth fighting, however those US cops are assholes, or that is the stereotype of them IMO.
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Cute. I suppose that officer gives people the finger every time he needs assistance.
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New headline
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Cops Need to be the Grown-Ups
Maybe put your big-boy pants on and be the adult in this situation, rather than resorting to adolescent, vindictive behavior yourself.
There is absolutely NO excuse or justification for such an abuse of power, and anyone who would behave like this officer has simply is not the right person to be a cop.
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