speeding ticket

Flipping Off Police Doesn’t Warrant Traffic Stop

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Considered a seizure for the purpose of the Fourth Amendment, making a traffic stop requires reasonable suspicion of criminal activity. But is flipping the bird enough to constitute criminal activity?

The officers gave a lame argument that the gesture may have been a sign that Swartz needed help or was about to beat his wife. Surprisingly, the court did not fall for that and just recognized the middle finger for what it is — an insult.

And whether the traffic stop was considered legal, the court did not accept disorderly conduct as a reason for an arrest. While New York’s disorderly conduct statute is very broad, and covers the use of obscene language in public, but it also allows one to express his own opinion, especially when that opinion is self-deprecatory.

If you have received a traffic ticket, please contact an experienced speeding ticket lawyers. Protect your right to drive legally.

Source: Find Law Com
(http://blogs.findlaw.com/decided/2013/01/flipping-off-police-doesnt-warrant-traffic-stop-2nd-circuit.html)

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