Federal Court Affirms Constitutional Right To Give Cops The Middle Finger

Via the Huffington Post, the most cherished of liberties has been defended. Use it freely and often:

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 “gesture…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.

, , , ,

  • InfvoCuernos

    still not advised.

    • Matt Staggs

      “Just because you can, doesn’t mean you should.”

      • Kevin Leonard

        I am itching to test it, though.

        • Ted Heistman

          Step One: Try it out

          Step two: Go to Jail

          Step Three: Get assigned a Lawyer

          Step four: tell him to google disinformation and find this article so as to use it as a precedence in your legal defense

          Good Plan!

          • Kevin Leonard

            Step Five: ****

            Step Six: Profit!

            Sometimes I really like the way you think, Ted.

          • Ted Heistman

            twisted minds think alike!

  • BuzzCoastin

    I know my rights man.
    You don’t know shit, Lebowski.
    I want a fucking lawyer, man. I want Bill Kunstler man…or umm, or Ronald Kuby.
    You don’t draw shit Lebowski. Now we got a nice quiet little beach community here, and I aim to keep it nice and quiet. So let me make something plain. I don’t like you sucking around bothering our citizens, Lebowski. I don’t like your jerk-off name, I don’t like your jerk-off face, I don’t like your jerk-off behavior, and I don’t like you, jerk-off. Do I make myself clear?
    I’m sorry, I wasn’t listening.
    –Ow! Fucking fascist!
    Awwwwwuh!

  • jrt600

    Funny how these kinds of freedom of speech cases tend to arise in liberal leaning New York rather than the conservative South. Really makes you question the value such states put on free speech, especially when they pursue such cases through the legal system rather than just dismiss the ticket in the first place.

  • Gary Anderson

    Wrong place, wrong time. Every time

    Well yet again victimized by the New Hanover Sheriff’s department; what I think was worse was the members of society that I thought would see justice through; just find me to be as much of a joke as the civil rights fought for us by fallen and injured soldiers including my father. Just wanted to extend my gratitude to your team who have made sure to not show one second of passion for justice but rather more interest in your conviction rates, getting that lead council, and getting those “notable” verdicts at the expense of the citizens of thus state; that ensure your earnings. No wonder Iva Ravindran my previous representation took off to Florida, there is just no justice here. Just as my statement to star news this time last year, “I’m going to get killed” I have been be little to the fullest extent possible. I get an alarm installed to protect my tenants and my assets what does Deputy Roseblock do after ADT redialed to New Hanover dispatch to clear the alarm? He uses the information provided during brief interrogation and turns in his favor to violate my civil rights, what the sad part is he never even gave me a Miranda warning, should of he done that it surely would of went like this “you have the right to remain silent anything you do say will be misquoted and then used against you” problem was I said next to nothing and as I kept repeating I don’t answer questions from agencies such as yours without legal counsel present that’s when he decided to take the law in his own hands and live above the law; as I’m thrown in his partners vehicle and advised to watch him search my house. Months later after him and his partner in crime commits perjury tell two different stories oh and can’t recall blah blah, jury member was heard being advised that Deputy Lynn’s needed to be more confirming then Roseblock for a chance of guilty so she gets up and states all her responses with I am 100% sure. Wow really good to cover each other. Then Nicely all smiling about his first jury trial ADA and my counsel was called to the stand because Alex was trying to use someone else’s record to taint me, my council objected, dishonorable Judge Hooks allows ADA to speak with volume more excessive then my Italian family about some other persons record and my attorney secretary stands up and ask for ADA to lower volume or have the jury removed, At the time of being stripped from my right to a impartial jury I intervene and say this is grounds for mistrial, the Judge has the audacity to state, “Mr. Anderson you are already in enough trouble, and I advise you to keep your mouth closed. In trouble means that I have consequences or repercussions that are due right? Sounds like tainting jury with already guilty with the judge’s statement not to mention the questioning of where is Bryan brink? oh well in conference with Judge lets yell irrelevant information not concerning me or that fact brought to the court at that moment in time which is if I did or not resist delay or obstructed. The only one resisting was the officer relieving of his on duty he didn’t make this charge till he went into my personal bedroom took door off hinges and set off the other alarm panel he came to ask for code while i was in back of deputy car and my reply was you dont meet the credentials for that information. Using a tenant that was living before this even happen is irrelevant. One week later my puppy it was killed by deputy on patrol while my friendly neighbor was feeding him treats while the deputy shot the dog with a tazer in his eye next to her 9 year old daughter that loved playing with him. So sad. All because profiled that he was a pit never barked or bite at a soul only 1 year and three months at time of death.

    Trying to stay on track

    In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.

    The Sixth Amendment to the U.S. Constitution affords criminal defendants seven discrete personal liberties: (1) the right to a Speedy Trial; (2) the right to a public trial; (3) the right to an impartial jury; (4) the right to be informed of pending charges; (5) the right to confront and to cross-examine adverse witnesses; (6) the right to compel favorable witnesses to testify at trial through the subpoena power of the judiciary; and (7) the right to legal counsel. Ratified in 1791, the Sixth Amendment originally applied only to criminal actions brought by the federal government.

    Let’s not forget how Roseblock few months after trial while off duty he pulls his hand gun on a superior officer but your right, that action is totally enforcing the law not living above it .

    “”After learning about the incident, the sheriff asked the district attorney to step in to determine if criminal charges needed to be filed.””

    Why is that supposed to be okay?

    http://www.wect.com/story/19518269/nhcso-corporal-threatens-co-worker-pulls-gun-on-superior?clienttype=printable

    I even protested out infront of the court house and tried to get no contact orders on the deputies. The law is set up for it appears the civil clerks of NHC and not us the citizens.

    Let’s not forget even after all the supervisory complaints, internal affair complaints, request to meet with the sheriff and correspondence to our elected officials all that came out of that was attempt to use against me hey at least they have truly what came out of my mouth right? LOL Sure that’s why internal affairs was there to shake Alex hand as soon as verdict was given.

    Then in July of 2012 Deputy Dole is dispatched because one of the tenants had invited a guest to visit the premises well apparently the guest was told by the tenant “we are the corner house, when you get here just come on in as some sort of call of duty match he was glued to on his xbox game. None the less unknowing to me never even met this person in my life arrive home to see deputies at the house across the intersection my thought was the new renters who moved in next door, as I’m taking my groceries up to the house i look behind me and Deputy Dole is following me, my statement was clear and needs to be resisted from altering was this, That will be far enough deputies; is there something I can help you with? Doyle responses with the one of his many lies at this point by saying we are looking for someone responsible for felony break in and entry we have here say information that the suspect is in the home. we need to enter to retrieve him, And of all the people N.H.S.D. should know that was not going to fly. My response, do you have a name? Deputy: no, Me: do you have a description of this person? Deputy: no. Me: Hmmm well sounds like your going to need to get a judge or a magistrate to affirm that here say because with out a warrant you will not be entering my residents. Now this deputy has the nerve because I yell for Jordan(Jordan Wethy same tenant that testify with me during Roseblocks trial) at time of him physically forcing me in handcuffs to come help not me saying run I just said come here there is confusion…… and of course with no rights but of course being misconstrued to now according to Doyle I was yelling for someone to run….LOL Are you sure that even sounds like me someone I never met in my life for there sake me telling them to run from the deputies come on, i like the I’m Bryan brink one from Roseblock better. WHAT A JOKE. So what do I do after you come and shoot and kill my dog the following week. Did what I should of done since day 2 and relocated to WPD patrol area, most enjoyable time of my life no disturbances and down the road from Wilmington Health where my sarcoma cancer was being treated. So what does one do ? DA I know if you have any interest in justice then you would please extend a response. My first court appearance was made on Bryan’s birthday 9/13/2012 i showed and it was continued to 11/08/2012 by Blackmoore, after being told from clerk after signing my waiver and being told YOU ARE FREE TO GO , calls for FTA because I went directly to my doctor after leaving apprx 1120am and so for her to be the judge for yesterday’s appearance it is no wonder why I was pressured into a PJC for the fear of going to jail,

    In February I went to visit the pod storage unit out on Cathay rd. from my Wilmington location and was assaulted called upon deputies gave tag number direction of there where bouts after being on the phone over 9 minutes with 911 still no arrival finally they show up to take report, and say oh okay yeah we will pass it on to our supervisor. are you serious? screw it i want to pursue assault on disabled and two detectives show up at hospital to tell me i don’t qualify and case closed after there smart remarks. Just think if one of your kids was assaulted and no deputies did NOTHING.

    Next day I was pulled over by one of the responding deputies for a illumination light that was tar blue lol. Next day I move to Portland Oregon. Talk about drastic geographical location change but hey I’m safer. What’s sad Ben Davis is that majority of your team has assumed and does not pursue in the interest of justice. Specially Lindsey she thinks that day in district court when roseblock was making faces at me that i was returning them and they were towards him not her.

    All I hope for is that my employment with Bath and Body Works I will be able to resume back into management operations before I die, I’m 31 credits away from a degree I won’t even be able to use because I just wanted deputies to produce the correct documents to come into my home. Please please I just want to go back to work but until this is all resolved, suspended no pay. it’s just not fair roseblock can pull a gun on his superior, i just want the rights my father walk around with bolts and screws because of faulty chopper over seas he launched out from and now his toes going up into his back ,,,, why cant i have those rights he fought for?

    I was so confident when I went in i didn’t think to bring my 7 life dependency medications and getting locked up on her watch is not even worth my time. So now what? is this Justice, or is more so gay=guilty. Or are you thinking more of the lines that failing to corporate or speaking or approaching a deputy with an attitude already planted in his head and returning the ignorance the more not so smarter approach will now govern the charge of resisting delaying and obstruct. There was no charges filed on the guy that walked in the house and walked out after he apologized but you better believe it, Gary surely going down. Asking a deputy to validate entry with a warrant last i checked was not against the law especially to come in with no description or name and over here say.

    I cant relax my mother wont stop crying her self to sleep worried about me and all i want to do is be able to be there for her like she has for me, NHSD wont ever create another CR # for me …

    Thanks for all you do….

21