Let Your Fingers Fly—At Least in North Carolina

Woods Rogers Vandeventer Black
Contact

As we discussed last summer, the North Carolina Court of Appeals issued a surprising decision that there was probable cause to pull over a driver in North Carolina after he makes “an up-and-down pumping motion with his middle finger extended.”  We thought the decision was wrong, and we praised the dissent by Judge Arrowood.

Justice has prevailed. The North Carolina Supreme Court overturned the decision on May 1, 2020.  The Court explained that there were not “facts known to Trooper Stevens which would lead a reasonable officer to suspect that defendant was engaged in disorderly conduct.”  And further explained that “the mere fact that defendant’s gesture changed from waving to ‘flipping the bird’ is insufficient to conclude defendant’s conduct was likely to cause a breach of the peace.”  A short, sweet, unanimous 7-page opinion that avoids any First Amendment issues in a footnote.

We still don’t advise flipping off a police officer—but at least in North Carolina, it appears it is not grounds for a traffic stop.  For now…

 

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Woods Rogers Vandeventer Black | Attorney Advertising

Written by:

Woods Rogers Vandeventer Black
Contact
more
less

Woods Rogers Vandeventer Black on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide