"...Nearly universal recognition that this gesture
is an insult deprives such an interpretation
of reasonableness."
is an insult deprives such an interpretation
of reasonableness."
That was a judge's response to officer Richard Insogna's claim that he pulled over John Swartz and his wife because he thought Swartz was "trying to get my attention for some reason."
Swartz flipped off the officer, who was using radar in St. Johnsville, NY, and subsequently was subsequently charged with disorderly conduct.
In a 14-page ruling, the U.S. Court of Appeals for the 2nd Circuit opined that the "ancient gesture of insult is not the basis for a reasonable suspicion of a traffic violation or impending criminal activity."
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