1,000,000 + Attorneys and Legal Staff - Legal employers hire more people on LawCrossing than any other site.
Police Chokehold Case Goes to Grand Jury
Police Chokehold Case Goes to Grand Jury
Violations of Labor Laws in California Leads to Lawsuits Against Lingerie Football League
Violations of Labor Laws in California Leads to Lawsuits Against Linge...
New Law School Building Opens at Quinnipiac University
New Law School Building Opens at Quinnipiac University
CFPB Says “You Are On Your Own” if Using Virtual Currencies
CFPB Says “You Are On Your Own” if Using Virtual Currencies
Your profile matches an open legal position. Apply now!
Job Listings

Court of Appeals Rules Officers Cannot Arrest People Who Give Them the Finger

facebooktwittergoogle_plusredditpinterestlinkedinmail

On Thursday, a federal appeals court ruled that a police officer cannot pull over a driver and arrest that driver for the sole reason that the driver gave the officer the finger.

The United States Court of Appeals for the 2nd Circuit issued the ruling, which is 14 pages long, and said in the ruling that the “ancient gesture of insult is not the basis for a reasonable suspicion of a traffic violation or impending criminal activity.”

Two police officers were sued by John Swartz and his wife Judy Mayton-Swartz for arresting Swartz in May of 2006 after he gave a police officer the middle finger. Swartz flipped off the offer at an intersection in St. Johnsville, New York who was using a radar gun. Swartz was charged with violating the disorderly conduct statute in New York. Those charges were thrown out on the grounds of a speedy trial.

Summary judgment was granted by a federal judge in the Northern District of New York for the police officers back in July of 2011. On Thursday, the Court of Appeals removed that decision and ordered the lower court to hear the case once more.

What

 job title, keywords

Where

 city, state, zip



Get JD Journal in Your Mail
Subscribe to our FREE daily news alerts and get the latest updates on the most happening events in the legal, business, and celebrity world. You also get your daily dose of humor and entertainment!!


The police officer who pulled over Swartz and his wife, Richard Insogna, said that he pulled the vehicle over because he thought Swartz was “trying to get my attention for some reason.” The Court of Appeals did not believe that explanation, noting that the “nearly universal recognition that this gesture is an insult deprives such an interpretation of reasonableness.”

Court of Appeals Rules Officers Cannot Arrest People Who Give Them the Finger by

facebooktwittergoogle_plusredditpinterestlinkedinmail

Tagged: , , ,

Posted by on January 4, 2013. Filed under Legal News. You can follow any responses to this entry through the RSS 2.0. You can skip to the end and leave a response. Pinging is currently not allowed.

 

 

Job of the Day
Contract Employment Law Litigation Attorney
USA-TX-Dallas

Our client is seeking our help finding an employment law litigation attorney with 5 years experience.  This is a long term contract position which has a high probability of converting to a direct...