Free Speech is Protected
It is not against the law to give a police officer the middle finger. It doesn’t justify an arrest, and it doesn’t justify a traffic stop by an officer. It also doesn’t provide justification for a car search. Your First Amendment right to free expression protects you from being arrested for flipping the bird to someone. You have the right to sue a police officer who infringes upon your rights after you give them the finger.
It’s not always the most courteous thing to give someone the finger. That is not illegal, though. As long as it doesn’t hurt someone else, you have the freedom to express yourself, including your dissatisfaction, according to the First Amendment.
Giving a police officer the middle finger is not illegal. Even though it’s commonly regarded as impolite and offensive, it’s not against the law. It might, however, err on the side of chaotic behavior. Giving a police officer the finger can be offensive, and it’s generally not a good idea to argue with them.
Having said that, it is not unlawful to merely make a hand motion. The freedom of speech guaranteed by the First Amendment includes the right to give the finger.
No Arrest for Just the Middle Finger
Despite the fact that you now know it’s not against the law to give someone the finger, you might still be curious about whether a police officer can arrest you for it. If all you do is give an officer the finger, there’s no cause to put you in handcuffs. Police can only make an arrest if they have evidence to suspect you of committing a crime.
You cannot be arrested by a police officer for giving someone the middle finger because it is not against the law to do so. You need the services of a Wirth Law Office – Chickasha criminal defense attorney if an officer decides to arrest you for giving the finger because they believe it to be disorderly behavior.
Reason to be Pulled Over?
There are additional situations where you might become enraged with a police officer’s actions. Assume you are driving and you give a police officer the finger because they annoy you or cause you to have trouble. Does that allow them to stop you and issue a ticket?
According to the Supreme Court, the answer is no. In Houston v. Hill (1987), the Supreme Court ruled that the First Amendment protects an individual’s right to verbally criticize or challenge police officers, even with profane language, as long as the speech does not involve a true threat or fighting words. The case involved a man who was arrested for verbally challenging and insulting police officers while they were performing their duties. The Court held that the city ordinance used to arrest the man violated the First Amendment because it restricted freedom of speech based on its content.
You may file a lawsuit if a police officer pulls you over and decides to issue a ticket for an unrelated cause. Get in touch with a Grady County traffic ticket attorney if that occurs. It is not appropriate for a police officer to pull you over for a traffic check just because you flipped the bird to an officer.
Not Grounds to Search Your Car
Let’s say you are pulled over by a policeman for breaking the law. Does giving the police the finger during the interaction justify having your car searched? It’s critical to understand this to prevent unauthorized searches of your property.
A police officer can only search your car under specific conditions. For instance, if you consent, an officer may search your car. The police may finish a search if there is obvious proof of a crime. Additionally, a police may search your car if they have a warrant or have cause to think that they are in danger. However, what if you become irate over the stop and yell at a police officer? That is insufficient justification for a car search.
You are shielded from unauthorized searches and seizures by your fourth amendment rights. If a police officer claims that your hand signals are offensive, that does not give them the authority to search your car without authorization. This would most likely violate your Fourth Amendment rights against unreasonable search and seizure. You may have the legal right to sue a police officer for this kind of behavior.
Evidence seized duriing unauthorized searches is inadmissible in court – in most cases. But it’s important to know you may not physically interfere with a police officer conducting a search they believe is lawful. You may verbally deny consent to search then challenge any non-consensual searches in court.
Call Today For a Consultation with a Chickasha Criminal Attorney
If you have been given a ticket or even arrested for making an allegedly inappropriate hand gesture to a police officer, call Wirth Law Office – Chickasha now to have an attorney on your side. You need an attorney that is willing to stand up for your rights. Call Wirth Law Office – Chickasha at 405-272-4100 to schedule an appointment. If you would like a Wirth Law Office staff member to call you about your issue, fill out the form at the top of the page and we will contact you shortly.