Legal Question in Constitutional Law in California

Can someone be arrested for giving a police officer "the finger" absent any other probable cause or reason to be arrested? I seem to recall that it is protected free speech. (But then, again, they are arresting people just for dancing at the Jefferson Memorial so maybe things have changed.)


Asked on 6/06/11, 3:08 pm

4 Answers from Attorneys

Isi Mataele 'Isi Mataele Attorney at Law

I don't think for flipping them off is sufficient but believe me if you upset them, they'll find a reason to arrest you.

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Answered on 6/06/11, 4:30 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Former LAPD detective Mike Rothmiller called it "contempt of cop."

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Answered on 6/06/11, 11:36 pm

Now that the flippant answers are out of the way, if that is the only reason they arrest you, they have committed a serious civil rights violation and should face internal discipline as well as a lawsuit.

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Answered on 6/07/11, 10:10 am
Mark Saltzman, MBA, JD Law Offices of Mark E. Saltzman

I see nothing flippant about the first two responses. Mr. Mataele is correct that the law gives police officers a great deal of latitude in dealing with the public, and sometimes, that leads to abuses. I heard of an officer who cited a driver for "illegal hand signals," when the driver flipped him off. The officer indicated that the hand signal could be a dangerous distraction, in traffic. Other officers claim that such a hand gesture could interfere with their duties. I don't think I would buy that story, but, unfortunately, many judges take the position, "Why would a police officer lie?"

Mr. Stone is also very correct. The term, "contempt of cop" is widely used. It is not a flippant response. Perhaps, Mr. McCormick is ignorant of the term. The term refers to an incident where a police officer's primary motivation for citing, arresting, or detaining someone is the police officer's personal indignation. I have seen examples of it, and it is dead wrong.

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Answered on 8/19/11, 2:09 pm


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