The bottom line: The middle finger in and of itself is not probable cause to pull over a vehicle that hasn’t committed any actual infractions.
“It reaffirms that just because you insult a police officer doesn’t give that police officer the right to detain you or arrest you and take away your liberty,” Swartz’s attorney, Elmer Robert Keach III, told the AP after the ruling which he characterized as “an important victory for human rights.”
It’s unclear if the ruling extends to other types of rude hand gestures.
http://blogs.lawyers.com/2013/01/ok-flip-off-cops/?cid=con:105
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