Is It Agains the Law to Mouth Off at a Cop
It's Stupid to Oral cavity off and Be Disrespectful
Video Transcribed: Hi, this is Tulsa Criminal Defense Attorney, Brian Jackson. I desire to talk nearly this kind of a funny story, but there'due south a point to it. There is actually a case out of upstate New York that is a federal case.
It was a federal First Subpoena example involving a gentleman who gave a cop the finger and got arrested for assail for flipping a cop off. Now, this is kind of a dumb ass thing to exercise, and I surely do not endorse this behavior for a variety of reasons just, ultimately, the instance went up to the Federal Supreme Court and the Supreme Court came back and said, "No, that's protected oral communication. You cannot arrest a person for giving a cop the finger."
You do, in fact, accept a legal correct nether the constitution and Kickoff Amendment free speech, yous accept a right to requite the cops the finger. I don't recommend doing it. I think it's a impaired idea, merely you can do it.
And I want to tell this story less to talk about First Amendment problems, but it's kind of a atomic number 82-up to a point I want to make. Don't brand shit personal with the cops. If yous are getting a ticket or you're getting arrested, or y'all have an unfavorable encounter with police enforcement of any kind, don't make it personal, specially on trivial piffling crap. If you're getting ticketed, don't make it personal considering here's the thing, the cops…
First of all, nigh of those tickets stop up being referred to the municipal courtroom in Oklahoma. And the cops, specially in modest towns, talk to the prosecutors, and it may also go dorsum to the judge, and it can make mean the difference between getting a deferral or getting hammered for full fines and costs and getting points on your license or getting your license yanked if they got you for something serious.
It's stupid to mouth off and be disrespectful. Yes, you have a correct to do it and if all you're doing is running your rima oris and beingness disrespectful, that'south non a law-breaking. Assuming, of course, y'all don't end up albeit to anything else, they shouldn't abort you for that.
But you lot're going to make it personal with the cop. If they know you're breaking some kind of law and it's some picayune petty crap, and information technology's discretionary on them if they want to write it or not or they want to arrest you or not, if you lot're a disrespectful fool, they're going to bust you for whatever they tin get you for. And I'one thousand here to tell you lot if a cop really wants to arrest y'all or they really want to write you a ticket, they tin probably come with some excuse to practice it.
You may very well beat that in court later and, certainly, y'all become a good lawyer, I'm sure you will beat information technology because the lawyer is going to testify the court what it is, that you went and made it personal with a cop, then of class, they disrepair you.
Only y'all know what happens when you do that, is you become to pay someone $chiliad or more dollars to go do that for y'all. That centre finger, that snarky remark, that cuss word merely cost you lot a boatload of coin. And that's a cop who, if they do accept yous expressionless to rights on something, he's going to show up to court and make sure you go hammered.
The long and brusk of information technology is, don't be disrespectful to cops. It's stupid. Information technology is. Information technology'south actually stupid. It's a good fashion to brand an unpleasant experience a hell of a lot worse. A lot of people that go popped for criminal charges on things like public into, it's considering they were beingness an asshole. It's because they were disrespectful. Don't act that way.
Most cops got ameliorate things to practice than mess with you if you've had a few besides many at the bar and you're walking home. When you get in trouble for that is because you lot were being a jerk. I can't say it plenty. Don't be disrespectful to cops. Information technology's stupid. And, I mean, if you are dealing with a situation where you lot got ticketed or you lot got arrested and you need assist, become to makelaweasy.com where we'll help make the law piece of work for you. If you need a Tulsa Oklahoma criminal defense attorney, visit makelaweasy.com.
Source: https://www.wirthlawoffice.com/tulsa-attorney-blog/2021/04/can-i-legally-flip-off-the-police
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