man sues r/t ticket for giving the finger to Ind trooper

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man sues r/t ticket for giving the finger to Ind trooper

Postby M-Quigley » Tue Feb 06, 2018 9:50 pm

https://www.usatoday.com/story/news/nat ... 304425002/

INDIANAPOLIS — An Indiana man is contending in a federal lawsuit that his right to free speech was violated after he was ticketed for showing a state trooper his middle finger.

The Tribune Star of Terre Haute reports that Mark May is seeking unspecified damages against Indiana State Police Master Trooper Matt Ames.

In the suit, May says Ames cut him off in traffic in pursuit of another driver in August. While Ames was conducting the traffic stop, May admitted to making the vulgar gesture while he drove past the officer.

May says Ames then pursued May and issued him a ticket for provocation, deemed a Class C infraction in Indiana. The charge comes with a fine of up to $500.

May challenged the decision in Terre Haute City Court but was found guilty. He asked for it to be reviewed in Vigo County Superior Court, which deemed the judgment to be void.

The suit was filed by Kenneth Falk, legal director for the ACLU of Indiana, who says May's actions were protected by the U.S. Constitution.

"Mr. May’s gesture, which in no way interfered with the Master Trooper’s lawful activities, was fully protected by the First Amendment," the lawsuit reads. "The stop represents an unconstitutional seizure in violation of the Fourth Amendment to the United States Constitution.”

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Re: man sues r/t ticket for giving the finger to Ind trooper

Postby steves 50de » Thu Feb 08, 2018 5:31 pm

M-Quigley wrote:https://www.usatoday.com/story/news/nation-now/2018/02/03/indiana-man-files-suit-right-give-finger-state-trooper/304425002/

INDIANAPOLIS — An Indiana man is contending in a federal lawsuit that his right to free speech was violated after he was ticketed for showing a state trooper his middle finger.

The Tribune Star of Terre Haute reports that Mark May is seeking unspecified damages against Indiana State Police Master Trooper Matt Ames.

In the suit, May says Ames cut him off in traffic in pursuit of another driver in August. While Ames was conducting the traffic stop, May admitted to making the vulgar gesture while he drove past the officer.



May says Ames then pursued May and issued him a ticket for provocation, deemed a Class C infraction in Indiana. The charge comes with a fine of up to $500.

May challenged the decision in Terre Haute City Court but was found guilty. He asked for it to be reviewed in Vigo County Superior Court, which deemed the judgment to be void.

The suit was filed by Kenneth Falk, legal director for the ACLU of Indiana, who says May's actions were protected by the U.S. Constitution.

"Mr. May’s gesture, which in no way interfered with the Master Trooper’s lawful activities, was fully protected by the First Amendment," the lawsuit reads. "The stop represents an unconstitutional seizure in violation of the Fourth Amendment to the United States Constitution.”



Interesting how this turns out i hope may wins.
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Re: man sues r/t ticket for giving the finger to Ind trooper

Postby JediSkipdogg » Thu Feb 08, 2018 7:06 pm

steves 50de wrote:
Interesting how this turns out i hope may wins.


I'd say he will win based on 1st amendment and win big.
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Re: man sues r/t ticket for giving the finger to Ind trooper

Postby djthomas » Thu Feb 08, 2018 10:55 pm

JediSkipdogg wrote:
steves 50de wrote:
Interesting how this turns out i hope may wins.


I'd say he will win based on 1st amendment and win big.

Yeaaaah. That’s what we call long settled case law. Every cop knows that if someone gives you the finger you follow them until you have PC for a stop and then write them for whatever that may be. County sticker missing, no front plate, window tint, etc. The finger is to be completely ignored.

But in all seriousness the Ohio disorderly conduct statue STILL has an increased penalty for an offense in the presence of a law enforcement officer. I can’t think of any realistic scenarios where that could ever apply in a constitutionally sound manner.
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Re: man sues r/t ticket for giving the finger to Ind trooper

Postby M-Quigley » Fri Feb 09, 2018 10:17 pm

The thing I found the most confusing was this part.

While Ames was conducting the traffic stop, May admitted to making the vulgar gesture while he drove past the officer.
May says Ames then pursued May and issued him a ticket for provocation, deemed a Class C infraction in Indiana.


I read other links which said the same thing, that the officer left his traffic stop before the traffic stop was completed in order to pursue the gesturer. I can't even imagine doing that back in the day just for that reason.
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Re: man sues r/t ticket for giving the finger to Ind trooper

Postby schmieg » Sat Feb 10, 2018 3:35 pm

M-Quigley wrote:The thing I found the most confusing was this part.

While Ames was conducting the traffic stop, May admitted to making the vulgar gesture while he drove past the officer.
May says Ames then pursued May and issued him a ticket for provocation, deemed a Class C infraction in Indiana.


I read other links which said the same thing, that the officer left his traffic stop before the traffic stop was completed in order to pursue the gesturer. I can't even imagine doing that back in the day just for that reason.

Raises serious questions about the officer's judgment.
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Re: man sues r/t ticket for giving the finger to Ind trooper

Postby willbird » Sat Mar 24, 2018 8:16 am

Sounds like a fun Saturday project to find out when that officer is on duty, find him parked somewhere, and have 175 people take turns driving past him and giving him the finger over and over :-).
Have a great day today unless you have made other plans :-).
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