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Posted on 02/04/2005 4:12:55 PM PST by neverdem
By THE ASSOCIATED PRESS
Filed at 6:42 p.m. ET
PITTSBURGH (AP) -- A man says a traffic ticket a state trooper gave him is for the birds -- or at least for flipping the bird. Stephen Corey, 42, filed a federal lawsuit because he says he had a First Amendment right to flip his middle finger at the trooper in July.
Trooper Samuel Nassan III gave Corey, a flight attendant from Pittsburgh, a ticket for following another vehicle too closely, then wrote him up for giving ``an improper hand signal while passing my patrol car, namely middle finger up,'' according to Corey's lawsuit.
Corey's attorney, Joel Dresbold, denies Corey made the gesture. But he said it also doesn't matter because Nassan filed the ticket as though Corey committed a motor vehicle violation -- that Corey made an illegal turn signal using his hand.
``It really doesn't matter if he did it or not,'' Dresbold said. ``Either way it's an abuse of his constitutional rights. It's lawful under the Constitution to (give the middle finger), and you can't give a ticket for doing that.''
State police spokesman Jack Lewis declined to comment on the suit, which also names the state police for allegedly failing to train its troopers properly.
Nassan chuckled when told of the lawsuit -- but said the ticket was proper because he said Corey gave him the finger as part of a gesture that indicated he was changing lanes, making it an improper turn signal. Nassan also acknowledged that Corey has a right to give him the finger under some circumstances.
``Absolutely, he has a right to shoot his middle finger at me unless it's in plain view of the motoring public,'' Nassan said.
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Hats off to Officer Nassan!! Keep going..
Perhaps the "male flight attendant" should travel through the deep south flipping off rural police officers and see if he learns any manners.
I remember this happened to a guy in San Francisco during the Clinton dictorial regime when he fingered a Secret Service agent who happened to cut him off during a presidential escort. (I think that is the way the story went)
I don't know about your area but in just about every place I've ever lived that sort of thing falls under "disorderly conduct."
His getting a ticket should tickle him pink. Get hit with the disorderly conduct charge and they'll typically arrest you, tow your vehicle (just for giggles), take you to the station for booking, charge you, and have you appear before a judge to enter your plea and you'll either be released or have to post bond. That's considerably more inconvenient than handling a ticket.
And, disorderly conduct can constitute an awful lot of things - use profanity directed at the officer, make hand gestures, fling and flail your arms/legs (without making contact - you don't want to do that) - bunch of stuff. Seriously.
You want to behave yourself. This guy will find that out, I suspect.
The trooper should be fired for abusing his authority.
All of what you mention may be true, but it is also a convenient 'catchall' for screwing with people. The Trooper isn't exempt from a one finger salute.
How is society served by issuing a ticket? How is it safer?
This cop would be better off patrolling for real criminals instead of trolling for finger flippers. But I guess that ticketing finger flippers and court appearances is a hell of a way to earn a living and not have to bother with real and potentially dangerous criminals.
I don't think he was making stuff up. I think cops are taught to cite "the bird" as an improper traffic signal.
I don't know about your "area" either, but I'm assuming it's the U.S. and not Canada or Mexico..
And every place I've ever lived that sort of thing falls under the Supreme Court's decision that it's "FREE SPEECH"..
( That's in the Bill of Rights, 1st amendment.. )
Check your state's drivers manual.. the one you study for the driving test..
Left turn, arm fully extended, level to the ground.... Right turn, arm bent at 90 degrees, pointing up. Caution or Stop, arm extended and pointing down, at a 45 degree angle..
I believe it's the standard in every state..
Please note: It says nothing about how you use your fingers.. just the positions of the arm..
Any police dept. that "teaches" their officers to cite drivers for "improper use of fingers" while making a hand signal is in error.. and in violation of state law...
A good lawyer will make mincemeat out of this officer, and his department.. he may be able to make the case that the driver's "civil rights" were violated..
The officer's actions may cost the department and the state several thousand dollars at the least, and several million in a worst case scenario..
It is stupid and unprofessional of an LEO to let personal feelings get in the way of doing a proper job..
Officers that let something minor like getting flipped off bother them, will inevitably be the same officer that decides he is judge jury and executioner in a child rape case or something highly emotional..
And if he makes that decision and mistakenly "punishes" an innocent person for that crime, where is your defense then?
Officers must remain in control, and civil at all times.. even when being screamed at, and insulted...
It comes with the job description and is part of their training..
At least it was when I was doing it..
Please see #12 and #13..
Anarchy is minimized.
Am I missing a sarcasm tag? Are you kidding?
A cop's feelings get hurt and he ties up himself, and the judicial system for hours when there are more important threats out on the street, and you think that he minimized anarchy? Now in your fantasy world, this man does have the right to a hearing, doesn't he? Or would that present another threat to your ordered society?
Sorry, while I respect and side with the police most of the time, this cop is wrong. BTW, the PA State Police have a pretty impressive (NOT!) record in the courtroom themselves. I don't know how they train these guys or if they actually have standards of conduct that they are held too.
They aren't all bad. I know a few good ones personally, but there are many rotten apples who believe they are above the law. From the news articles regarding arrest AND conviction, they might even have a higher rate of crime and abuse of power than the public at large and any other police agency in the state.
I may be particularly harsh with them because as a matter of policy, they have ignored the expressed written intent of the legislature and maintained a gunowner database. A blind and stupid State Supreme Court chose to overlook what was written into law and ruled that there was an overwhelming and compelling state interest in keeping the list.
Anarchy is less a concern with me than official suppression and judiciary tyrany.
You presumably believe in law and order. Then why are you so dismissive of those selected by society to enforce that law and order?
Including your own protection in circumstances.
They are entitled to the same standards of dignity and respect as any of us - and even more so because, yes, they put their lives on the line day after day.
You cannot expect youth to respect parents and teachers when an o.k. is given to casually and deliberately show disrespect to law enforcement persons through obscene gestures.
One reason for statutory restrictions on freedom of speech - and symbols thereof such as gestures - is that some words and associated symbols constitute, under law, "fighting words."
Like some punk giving the finger to your wife right in front of you.
If you look at this as only free speech, then that's your problem.
I've never met a cop without a chip on his shoulder, but it can't be knocked of with the flip of a finger.
...or a cop that wasn't trying to get his hand into my wallet!
I was thinking of pinging you earlier, but the admin mod switched the thread to chat within minutes after I posted it as a news story. Despite that, it developed some interesting comments about free speech and abuse of authority versus the statists and the law can do no wrong.
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