It might not be polite to slam a police officer, but it is not usually against the law in Virginia or most of the US. In fact, the First Amendment of the U.S. Constitution protects this kind of speech.
But knowing when and where these kinds of gestures are against the law can help you avoid confusion or possible problems with the police.
Free Speech and First Amendment Rights
The First Amendment protects many types of speech, even speech that some people might find offensive, like making rude gestures or talking badly about the police. In 2013, a federal court said that the Constitution protects actions like slapping a police officer.
In the case of Cruzan v. Special School District, a driver was arrested after giving a police officer the middle finger. The court said that the gesture itself was a form of free speech and that the police could not hold someone for making an offensive gesture.
Similar cases across the country have supported this view, showing that most of the time, yelling at a police officer is not a reason to arrest them.
When “Flipping Off” Could Lead to Legal Trouble
Even though yelling at a police officer might not be against the law, other things that people do when they do it could get them in trouble. What you need to know is this:
Disorderly Conduct: If you make the gesture and then do other annoying things, like yelling, making a scene, or trying to get the police officer angry, you could be charged with disorderly conduct.
According to Virginia law, disorderly conduct is any action that disturbs the public peace. This could include actions that cause or encourage public disturbance. A simple gesture, like giving the middle finger by itself, probably will not count, though.
Obstruction of Justice: Sometimes, what you did could be seen as getting in the way of an officer’s job. According to Virginia law, obstruction of justice means knowingly getting in the way of a police officer doing their job.
For this charge to be true, there usually needs to be more than just a rude gesture. During an investigation, there should also be physical interference or refusal to follow instructions.
Concerns about safety and traffic stops: Things are a little different during a traffic stop. A driver could get in trouble if the gesture is seen as making things worse or putting people’s safety at risk.
Police officers are taught to be careful, especially when they are pulling someone over. This means that any behavior that they see as threatening could lead to more questions or investigations, even if it does not mean someone should be arrested.
Can You Be Arrested for Flipping Off a Cop?
Most of the time, just being rude to a police officer is not enough to get you arrested. If there is not any other annoying behavior and the action does not get worse to the point where public safety is at risk, then you are probably within your rights.
But it is important to remember that police officers still have some freedom of choice and can hold you for a short time to check out the situation if they think there is a threat.
Practical Considerations
It is possible that the move is protected as free speech, but it can still be dangerous. When police officers see what they think is disrespect, they may react badly.
This can sometimes lead to more in-depth questioning or a longer encounter. Also, some police officers might want to keep an eye out for other violations to deal with, so being polite even if you do not agree with what is going on may be best for you in the long run.
Also see:-Is It Illegal to Leave Your Pet Chained Outside in New Jersey? Here’s What the Law Says
