We post news and comment on federal criminal justice issues, focused primarily on trial and post-conviction matters, legislative initiatives, and sentencing issues.

THE BIRD IS THE WORD

“Fits of rudeness or lack of gratitude may violate the Golden Rule,” the 6th Circuit observed last week. “But that doesn’t make them illegal or for that matter… grounds for a seizure.”

A Taylor, Michigan, cop pulled over Debra Cruise-Gulyas for speeding, but ended up just giving her a ticket for a non-moving violation, saving her both money and points in her license. Deb was unhappy over even the lesser ticket, so she flipped him off as she drove away.

The cop was offended by the one-finger salute, so he chased her down. He changed the ticket to one for a speeding offense.

Deb sued the cop for violating her 4th Amendment rights, and last week the 6th Circuit agreed. Because Debbie Digit “did not break any law that would justify the second stop and at most was exercising her free speech rights,” the Court said,  the cop violated her 4th Amendment right to be free from an unreasonable seizure by stopping her a second time. “Any authority to seize [Debbie] in connection with that infraction ended when the first stop concluded. When someone extends “her middle fingers at officers and walks away, her gesture was crude, not criminal,” and gave the officer no legal basis to order her to stop. “This ancient gesture of insult is not the basis for a reasonable suspicion of a traffic violation or impending criminal activity.”

Cruise-Gulyas v Minard, 2019 U.S. App. LEXIS 7369 (6th Cir. Mar. 13, 2019)

– Thomas L. Root