An officer violated a driver’s First and Fourth Amendment rights by stopping her a second time following the gesture, an appeals court panel ruled.
By Fred Barbash Fred Barbash Law, constitution and courts Email Bio Follow March 13 at 7:15 PM Woman gets stopped for speeding. Cop shows mercy and gives her a ticket for a non-moving violation. As police officer pulls away, however, woman gives him the finger, or as a U.S. District Court puts it, “flips him the bird.”
But Cruise-Gulyas told The Washington Post that she was unhappy because, according to her, the area where she was pulled over in June 2017 about 18 miles southwest of Detroit is a notorious “speed trap” for the Taylor Police Department.And Minard went to the appeals court claiming immunity from the suit, arguing that even if he did violate her rights, which he did not admit to doing, those rights were not clearly established.
He didn’t have it, the judge said. Giving the finger is not a crime. That “all too familiar gesture,” as he put it, is “protected by the First Amendment.”
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