A Federal appeals court in New York has ruled that police cannot stop someone for giving them the middle finger.
John Swartz a New York state resident was pulled over in 2006 after giving a traffic cop the middle finger. Swartz was a passenger in the car and when he passed a police officer conducting a speed trap. After being stopped Swartz claims he was called names by the officer and was charged with disorderly conduct. Swartz later filed a civil rights lawsuit.
The officer claimed he had a right to stop the car because he felt that Swartz was signaling that he needed help. The officer stated that when Swartz gave him the finger he was a passenger in a car driven by his wife. The officer claimed that there could have been a domestic dispute. The appeals court did not believe the officer’s explanation.
Massachusetts Criminal Attorney Patrick Donovan is a former prosecutor and a who has represented people charged with felony and misdemeanor crimes in Boston and Massachusetts. Attorney Donovan has appeared in over fifty courts and has handled thousands of criminal cases. If you need to speak with a criminal defense attorney contact attorney Donovan today.