Can you flip off a cop

That means that in the long run, even if your rights were violated, the officer will probably be let off the hook. Even if a police officer has disrespected you or treated you unfairly, the best course of action is to stay calm, and rationally — preferably on video — discuss your feelings with the officer.

Under no circumstances does it help you to threaten the officer, touch him or her, or make a big scene about it. While flipping off a cop is not a criminal offense, it certainly does open the door for the officer to look at you more closely and consider whether you are a threat.

The next step is to be smart and call a criminal defense attorney. Don't piss off the police, but if you can't resist that urge, revel in your constitutional right to behave rudely. Cruise-Gulyas stuck her middle finger out her car window while driving away from the police officer, Matthew Minard, who had just handed her a citation for a non-moving violation.

She was speeding , and Minard had elected to go easy on her, but after seeing that digital appendage aimed in his direction, he pulled her over a second time before she could even make it yards away, according to her original complaint filed in Detroit's U. District Court in April Minard upgraded the ticket to a moving violation and Cruise-Gulyas drove away again, this time without flipping off Minard. She later sued Minard, alleging violations of her First Amendment right to free speech and her Fourth Amendment right against unreasonable search and seizure.

Minard didn't dispute any of the facts and made a motion for the court to dismiss the case shortly after Cruise-Gulyas filed her complaint. The court denied it, he appealed, and the appellate court upheld the denial as of this past Wednesday in the best outline yet of when it's okay to make obscene gestures at a police officer. She called for a backup officer, activating her emergency lights. Garcia pulled over and Officer Baker approached the passenger side. Officer Baker told Garcia there were children present where he passed, and his actions constituted disorderly conduct.

She told him to get out of the car and he refused. Officer Baker opened the door, grabbed Garcia as he stepped out, placed him against his vehicle and handcuffed him, stating that he was being detained for disorderly conduct. Officer Baker placed Garcia in her patrol squad car for around seven minutes. After issuing a citation, another officer took Garcia out of the squad car and removed his handcuffs.

Garcia was cited for disorderly conduct and having an obscured license plate. As part of a deferred prosecution agreement, Garcia apologized in writing and took a defensive driving course. Garcia subsequently filed a complaint against Officer Baker, which was not sustained.

Lawrence Wolf, a Los Angeles criminal defense attorney, said there was no law against flipping off cops. And in most instances when it leads to an arrest or conviction, the charges are dismissed. But the gesture invites police confrontation, he said. Ekas, in both instances, flipped off officers while they were driving a Clackamas County patrol car.