The Magic Café
Username:
Password:
[ Lost Password ]
  [ Forgot Username ]
The Magic Cafe Forum Index » » Not very magical, still... » » Free Speech may not always be wise...but (0 Likes) Printer Friendly Version

mastermindreader
View Profile
V.I.P.
Seattle, WA
12589 Posts

Profile of mastermindreader
Quote:
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."


Full story at:
http://www.huffingtonpost.com/2013/01/03......563.html
General_Magician
View Profile
Special user
United States
707 Posts

Profile of General_Magician
Quote:
On 2013-01-03 13:58, mastermindreader wrote:
Quote:
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."


Full story at:
http://www.huffingtonpost.com/2013/01/03......563.html


Cop should have pulled him over and wrote him a ticket for "Failure To Maintain Lane." If the guy got mad and upset and started arguing, bring charges for "hindering and interfering." Both are great "catch all" and if the guy fights the officer in court the officer just states that he didn't pull him over because he got the finger from the guy, but that he was "weaving around the road" and was failing to maintain his lane while driving.
"Never fear shadows. They simply mean there is a light shining somewhere nearby." -unknown

Company Website
Facebook Business Page
Twitter Business Page
Michael Baker
View Profile
Eternal Order
Near a river in the Midwest
11159 Posts

Profile of Michael Baker
Problem is, is that there are certainly many places where the local cops are not aware of this. Just because you have a right to do something, doesn't mean you'll enjoy the likely snaggle that might arise from asserting that right. I'd imagine there is no law against slapping a bull on the ass, either.
~michael baker
The Magic Company
mastermindreader
View Profile
V.I.P.
Seattle, WA
12589 Posts

Profile of mastermindreader
You're right, Michael. That's why I suggested in the title of this thread that free speech may not always be wise.

But here's an interesting angle- Next time you get a ticket for failing to maintain your lane, go to court and testify that you flipped off the officer when you drove past him and that's why he pulled you over.

That would be a fun scene in court!
S2000magician
View Profile
Inner circle
Yorba Linda, CA
3465 Posts

Profile of S2000magician
Quote:
On 2013-01-03 13:58, mastermindreader wrote:
Quote:
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."

So . . . how many people are going to go right out and test this ruling for efficacy?
General_Magician
View Profile
Special user
United States
707 Posts

Profile of General_Magician
Quote:
On 2013-01-03 14:11, Michael Baker wrote:
Problem is, is that there are certainly many places where the local cops are not aware of this. Just because you have a right to do something, doesn't mean you'll enjoy the likely snaggle that might arise from asserting that right. I'd imagine there is no law against slapping a bull on the ass, either.


Cop probably should have been smarter with writing his tickets and provoking a response that would give him the probable cause to make an arrest.
"Never fear shadows. They simply mean there is a light shining somewhere nearby." -unknown

Company Website
Facebook Business Page
Twitter Business Page
Michael Baker
View Profile
Eternal Order
Near a river in the Midwest
11159 Posts

Profile of Michael Baker
Bob,

Yes, I did catch that in the title. Considering that my sister, who is an attorney here in town often has her hands full from the antics of my rebel son, she might not appreciate me testing the system. LOL

General,

I know a lot of cops who are pretty cool, but I'm not sure "smart" is a guaranteed quality for all those I don't know. But, "smart" is a two-way street. Sometimes "smart" is NOT doing something even though you can.
~michael baker
The Magic Company
General_Magician
View Profile
Special user
United States
707 Posts

Profile of General_Magician
Quote:
Michael Baker wrote:

But, "smart" is a two-way street. Sometimes "smart" is NOT doing something even though you can.


A good example of what you are talking about here, is giving somebody the middle finger. Legally, you can, but it's smart to not do so. In most cases it's just disrespectful and uncalled for. Not to mention it could bring an unwanted response if you do that to the wrong person.
"Never fear shadows. They simply mean there is a light shining somewhere nearby." -unknown

Company Website
Facebook Business Page
Twitter Business Page
Pecan_Creek
View Profile
Veteran user
The Nation of TEXAS!
323 Posts

Profile of Pecan_Creek
Image
GlenD
View Profile
Inner circle
LosAngeles, Ca
1298 Posts

Profile of GlenD
And don't forget to wave back if an officer waves as you pass by. I got pulled over and ticketed for three bogus violations by an officer who was mainly ticked off because I did'nt see him or acknowledge his friendly wave! No joke!

Glen
"A miracle is something that seems impossible but happens anyway" - Griffin

"Any future where you succeed, is one where you tell the truth." - Griffin (Griffin rocks!)
S2000magician
View Profile
Inner circle
Yorba Linda, CA
3465 Posts

Profile of S2000magician
Quote:
On 2013-01-04 10:12, GlenD wrote:
And don't forget to wave back if an officer waves as you pass by. I got pulled over and ticketed for three bogus violations by an officer who was mainly ticked off because I did'nt see him or acknowledge his friendly wave! No joke!

Grouch.
LobowolfXXX
View Profile
Inner circle
La Famiglia
1192 Posts

Profile of LobowolfXXX
Those who have power tend to abuse that power.
"Torture doesn't work" lol
Guess they forgot to tell Bill Buckley.

"...as we reason and love, we are able to hope. And hope enables us to resist those things that would enslave us."
rockwall
View Profile
Special user
763 Posts

Profile of rockwall
Woody Aragon has a very funny opening routine on his Woodyland DVD set where he attempts to predict which finger everyone in the audience will leave up while blindfolded and giving them free choice to drop one finger at a time. It ends with him taking off his blindfold and looking a bit shocked to find everyone giving him the middle finger. He exclaims, "Well, if you don't want to see the trick, just say so!" (Or something to that effect.) Very funny.
General_Magician
View Profile
Special user
United States
707 Posts

Profile of General_Magician
Quote:
On 2013-01-04 11:34, LobowolfXXX wrote:
Those who have power tend to abuse that power.


Probable cause and reasonable articuable suspicion are the only two forms of legal authority an officer of the law has. If somebody feels he did not violate the law when he received a traffic citation, he could file a complaint on the officer (but make sure everything you say in the complaint is factually true or you could put yourself in a position to be sued for defamation depending on if money damages can be proven) and the person receiving the citation can get a lawyer well versed in traffic law to defend him court against the citation as well as exercising his constitutional right to confront his accuser (in this hypothetical situation the accuser would be the police officer).

There is no guarantee you will win in court but a traffic lawyer might be able to help out and you will have an opportunity to confront the officer in court as part of exercising your constitutional rights. That's if he even appears in court. Maybe a good attorney can make a case where somebody's first amendment rights were potentially infringed upon. Who knows? Anything can happen in court.
"Never fear shadows. They simply mean there is a light shining somewhere nearby." -unknown

Company Website
Facebook Business Page
Twitter Business Page
LobowolfXXX
View Profile
Inner circle
La Famiglia
1192 Posts

Profile of LobowolfXXX
In the immortal words of one judge, "I find the officer's testimony credible.". But good luck!
"Torture doesn't work" lol
Guess they forgot to tell Bill Buckley.

"...as we reason and love, we are able to hope. And hope enables us to resist those things that would enslave us."
General_Magician
View Profile
Special user
United States
707 Posts

Profile of General_Magician
Quote:
On 2013-01-04 13:12, LobowolfXXX wrote:
In the immortal words of one judge, "I find the officer's testimony credible.". But good luck!


Yeah, you are right. The officer's word has more credibility with the court than the word of the average citizen.
"Never fear shadows. They simply mean there is a light shining somewhere nearby." -unknown

Company Website
Facebook Business Page
Twitter Business Page
The Magic Cafe Forum Index » » Not very magical, still... » » Free Speech may not always be wise...but (0 Likes)
[ Top of Page ]
All content & postings Copyright © 2001-2021 Steve Brooks. All Rights Reserved.
This page was created in 0.2 seconds requiring 5 database queries.
The views and comments expressed on The Magic Café
are not necessarily those of The Magic Café, Steve Brooks, or Steve Brooks Magic.
> Privacy Statement <

ROTFL Billions and billions served! ROTFL