Legal Question in Constitutional Law in California
Can someone be arrested for giving a police officer "the finger" absent any other probable cause or reason to be arrested? I seem to recall that it is protected free speech. (But then, again, they are arresting people just for dancing at the Jefferson Memorial so maybe things have changed.)
4 Answers from Attorneys
I don't think for flipping them off is sufficient but believe me if you upset them, they'll find a reason to arrest you.
Former LAPD detective Mike Rothmiller called it "contempt of cop."
Now that the flippant answers are out of the way, if that is the only reason they arrest you, they have committed a serious civil rights violation and should face internal discipline as well as a lawsuit.
I see nothing flippant about the first two responses. Mr. Mataele is correct that the law gives police officers a great deal of latitude in dealing with the public, and sometimes, that leads to abuses. I heard of an officer who cited a driver for "illegal hand signals," when the driver flipped him off. The officer indicated that the hand signal could be a dangerous distraction, in traffic. Other officers claim that such a hand gesture could interfere with their duties. I don't think I would buy that story, but, unfortunately, many judges take the position, "Why would a police officer lie?"
Mr. Stone is also very correct. The term, "contempt of cop" is widely used. It is not a flippant response. Perhaps, Mr. McCormick is ignorant of the term. The term refers to an incident where a police officer's primary motivation for citing, arresting, or detaining someone is the police officer's personal indignation. I have seen examples of it, and it is dead wrong.