**** the Police Legally
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Flipping Off Police Officers
Constitutional, Federal Court Affirms
arm In %
WASHINGTON - A police officer can' t pull mu ever and arrest mu just because mu
gave him the finger. a Federal appeals ceart declared Thursday.
In a Mypage opinian. the us. {hurt cot' Appeals fer the gnd Circuit ruled that the "ancient
gesture cot' insult is net the basis fer a reasonable suspicion efa traffic violation er
impending criminal activity."
Jahn Ewart: and his wife Judy had sued twe police officers whe arrested
Ewart: in May sees after he flipped eff an officer whe was using a radar device at an
intersection in St. Janesville, N. Y. Ewart: was later charged with a violation cot' New Yaks
disorderly conduct statute, but the charges were dismissed en speedy trial grounds.
A Federal judge in the Northern District cot' New Yark granted summary judgement the
officers in July Bill L, but the {hurt cot' Appeals en Thursday erased that decision and
ordered the lawer ceart take up the case again.
Richard Ansogna. the officer whe stepped Ewart: and his wife when they arrived at their
claimed he pulled the couple ever because he believed Ewart: was "trying
get my attention fer reasen." The appeals ceart didn' t buy that explanation, ruling
that the "nearly universal recognition that this gesture is an insult deprives such an
interpretation cot' ream nab ness."
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