Oregon gun owner flips bird to cop, gets pulled over, claims 2A rights were violated

[Redcap]

You can be cited for "Road Rage" for flipping off anyone from a motor vehicle.

Ridiculous.

 

[Spitpatch]

This entire scenario is simply two juveniles meeting at the playground and the kid with the best toys (cop equipment) and biggest Dad (the legal system) on his side wins the fight.

Don't call out the kid with the best toys and biggest Dad.

 

[CoastRange57]

You can be cited for "Road Rage" for flipping off anyone from a motor vehicle.

Yeah..it comes under Disorderly Conduct or Harassment.

166.025 Disorderly conduct in the second degree. (1) A person commits the crime of disorderly conduct in the second degree if, with intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof, the person:

(a) Engages in fighting or in violent, tumultuous or threatening behavior;

166.065 Harassment. (1) A person commits the crime of harassment if the person intentionally:

(a) Harasses or annoys another person by:

(A) Subjecting such other person to offensive physical contact; or

(B) Publicly insulting such other person by abusive words or gestures in a manner intended and likely to provoke a violent response;

Pretty sure they could hang one of these on you pretty easy, based upon who instigates a response to the flipper. Burt Gummer posts says it pretty well. Do your best to have as little interaction with LEO and government in general as possible. This will be just one more entry in your online file. Flipping one the bird is just asking for it. You deserve what you get.

I know, I flipped a bus driver the bird after he cut me off about 40 years ago. Got cited for Disorderly Conduct. Cost me $ 170 back then. Smart a** 17 year old I was back in those days. I deserved it.

 

[RVTECH]

Two words describe this:
Stupid and immature

 

[nick1980]

The guy sounds like a idiot and got what he deserved

 

[Ligito]

Whiners not allowed.

 

[RVTECH]

Whiners not allowed.

Nobody's whining - just expressing pragmatic opinions about an incredibly stupid display.

 

[44mag2ndamend]

Two words describe this:
Stupid and immature

Yep its Performance Award Day out in the Country.

Nothing worse than a pissing ego contest. Blah!

 

[chemist]

Look, he was stupid, but he was not speeding. That's obvious. The cop LIED to get him on a "contempt of cop" citation. You can say the cop was justified if you want, but the cop still PERJURED himself because of a perceived personal offense.

That cop should be thanking his lucky stars that the dumb jerk wasn't packing audio/video and telemetry to prove that he wasn't violating any law.

I don't poke the bear either, but we have to get over this undeserved cop-mystique. They're public servants with arrest powers, NOTHING MORE.

 

[billstaf]

Sounds like two buttheads running into each other. The trouble is that one of them carries a badge. The cop needs to grow a little bit thicker skin. That badge isn't just a free license to screw people over, it also carries some responsibility to do things right. Both of these guys are in the wrong, but the cop much more so.

 

[Darknight]

Yeah..it comes under Disorderly Conduct or Harassment.

166.025 Disorderly conduct in the second degree. (1) A person commits the crime of disorderly conduct in the second degree if, with intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof, the person:

(a) Engages in fighting or in violent, tumultuous or threatening behavior;

166.065 Harassment. (1) A person commits the crime of harassment if the person intentionally:

(a) Harasses or annoys another person by:

(A) Subjecting such other person to offensive physical contact; or

(B) Publicly insulting such other person by abusive words or gestures in a manner intended and likely to provoke a violent response;

Pretty sure they could hang one of these on you pretty easy, based upon who instigates a response to the flipper. Burt Gummer posts says it pretty well. Do your best to have as little interaction with LEO and government in general as possible. This will be just one more entry in your online file. Flipping one the bird is just asking for it. You deserve what you get.

I know, I flipped a bus driver the bird after he cut me off about 40 years ago. Got cited for Disorderly Conduct. Cost me $ 170 back then. Smart a** 17 year old I was back in those days. I deserved it.

I don't agree with what the idoit did, but it doesn't fit disorderly conduct.

 

[Nightcrawler]

Well, I don't know how much of the story I really believe. He claimed he was doing 44 in a 50, but he simply paid his speeding ticket? Why wouldn't you fight it, or at least mitigate it, if you weren't doing the thing that got you pulled over? As for the rest of it, who's really to say what the truth is . . .

 

[quiet one]

I have been watching this thread with interest as I have actually dealt with the cop many years ago on a business level and found him to be a really nice and reasonable guy. It has been interesting to see the reactions to the situation. I for one probably wouldnt flip off a cop it is not what I do. I do have a little contact with them from time to time with the occasional speeding ticket and usually with good cause and yes I have gotten a ticket for 5 miles over because that is what motorcycle cops do does it make me happy no but it is the society and sytem that we as a people has elected unfortunetly mostly by the low information voters. Because he is a cop, a public servant he is subject to more verbal abuse than probably you or I would accept. Flip me off to my face and we have an issue, disrespect me we have an issue yet those that protect us as imperfect as it as should have to tolerate this crap and not do anything? They are human just like us.

 

[Jerry]

Dumbazz......

 

[RB87]

An op-ed in a local paper or publication would be a much more prudent way to voice his grievances.

Sure, prudent. And get read by nobody except perhaps some government officials who would probably put his name into a database of "troublemakers". Yeah, he was dumb to flip a cop off but if a cop can't handle a finger gesture while he's on traffic duty of all things... guy needs to find a new job or take a vacation day. Anyone who can't figure out that most traffic enforcement is a revenue generation scam... well, they're not too smart.

Loyd Fery was on 1430am/Bill Post's radio show yesterday if you want to hear the story in his own words (I think it was at the start of hour 2):

The Bill Post Radio Show - Podcasts

 

[JackD]

Is it illegal to flip off an officer?

Does it matter what the law says? It is disrespectful and moronic. Doing what he did just invited an angry response by another human being. Announcing that he has a gun invites another predictable response as it sounds like a threat, especially having made his feelings about police officers known ahead of time.

When I took the class for my CHL, it was taught by two OSP officers and we were told that some officers perceive it as a threat to announce that you are carrying or have a gun. We were taught to never announce the presence of a gun, but to hand the Drivers license and CHL both to the officer at the same time and to only tell the officer of the presence of a gun if he asks. Then to follow his instructions.

Treat people with respect and it will likely be returned in kind.

 

[JVK]

More than six years after John Swartz was handcuffed and arrested for flipping-off a police officer in St. Johnsville, New York, the US Court of Appeals for the Second Circuit says he committed <broken link removed>

Flipping-off the cops is totally constitutional

 

[WhyteCheddar]

Look, he was stupid, but he was not speeding. That's obvious. The cop LIED to get him on a "contempt of cop" citation. You can say the cop was justified if you want, but the cop still PERJURED himself because of a perceived personal offense.

That cop should be thanking his lucky stars that the dumb jerk wasn't packing audio/video and telemetry to prove that he wasn't violating any law.

I don't poke the bear either, but we have to get over this undeserved cop-mystique. They're public servants with arrest powers, NOTHING MORE.

How was it "obvious" that he wasn't speeding? Not arguing, just asking.
Anyone capable of the level of stupidity he demonstrated here is capable of not only not telling the truth about his speed, but actually dumb enough to speed and flip off the cop.
Not condoning bad actions on the cops side either. I just wouldn't go so far as to call it "obvious"

 

[Panther]

All I will say is I hope none of you have the pleasure of meeting Postlewait on duty. This complaint is not the first one logged. In my experience his opinions interfere with his job. Not saying flipping the p Rick off is a smart move.

 

[USAF Medic]

Look, he was stupid, but he was not speeding. That's obvious. The cop LIED to get him on a "contempt of cop" citation. You can say the cop was justified if you want, but the cop still PERJURED himself because of a perceived personal offense.

That cop should be thanking his lucky stars that the dumb jerk wasn't packing audio/video and telemetry to prove that he wasn't violating any law.

I don't poke the bear either, but we have to get over this undeserved cop-mystique. They're public servants with arrest powers, NOTHING MORE.

How do you know if the guy was speeding or not? Why come down on the deputy, when you have no idea if the guy was or was not speeding?
Question, is it legal to have a loaded gun in a car? I'm not sure if it is or not.