Police can't pull you over and arrest you just because you gave them the finger, the US Court of Appeals for the Second Circuit in New York ruled Jan. 3. In a 14-page opinion, the court found that the "ancient gesture of insult is not the basis for a reasonable suspicion of a traffic violation or impending criminal activity." John Swartz and his wife Judy Mayton-Swartz had sued two police officers who arrested Swartz in May 2006 after he flipped off an officer who was using a radar device at an intersection in St. Johnsville, NY. Swartz was charged with a violation of New York's disorderly conduct statute, although the charges were dropped on speedy trial grounds.
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