Skip to comments.Michigan woman had constitutional right to give middle finger to officer, court says
Posted on 03/14/2019 8:44:20 PM PDT by be-baw
TAYLOR, MI Flipping the bird can have consequences, but not when its directed at law enforcement.
Thats the opinion of a federal appeals court that ruled Wednesday that a Michigan woman's constitutional rights were violated when she was handed a speeding ticket after giving the finger to a suburban Detroit officer in 2017.
According to the Associated Press, the court ruled in a 3-0 decision that Taylor police officer Matthew Minard should have known better even if the driver, Debra Cruise-Gulyas, was rude.
Minard stopped Cruise-Gulyas and wrote her a ticket for a lesser violation. But when that stop was over, Cruise-Gulyas raised her middle finger, according to the Associated Press.
Minard pulled her over again in response and changed the ticket to a more serious speeding offense.
Cruise-Gulyas sued, saying her free-speech rights and her rights against unreasonable seizure were violated. The court ruling means her lawsuit will proceed.
>>Would that rule hold if a defendant did that to judges ?<<
Contempt of court is a real charge. Contempt of cop dis not. I may not like people that do it but I agree with the ruling.
There are NO Laws, Regulations or Rules (LR&R) for “Contempt of Cop”.
There are, however, multiple LR&R for “Contempt of Court”.
Flip away FReeQs.
Context, context, context.
Her “finger” came after the encounter ending in her first ticket.
He was leaving, she was leaving, and she expressed her personal disgust. (** Did she have a right to?? I think yes.)
THEN, reacting to the woman’s gesture, the cop stops her and gives her a second ticket for an offense he apparently did not think was appropriate the first time.
No matter how rude the woman was, the cop has probably lost his side of the case due to the second ticket he issued. He might of tried to charge her with some other offense relative to her behavior alone.
Can you imagine some “protest” and cops arresting folks just for rude gestures protesters make at them? I can’t.
Yes, the law says you must “obey” “lawful” orders from police during their official business with you. Upon conclusion of that encounter, your speech is not restricted from expressing your feelings about the police persons involved.
The civil society is being destroyed by government, of which police and judges are agents.
Yes it would, but not in the courtroom.
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