Flip Off a Cop in Virginia: Is It Illegal? 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 different types of speech, even speech that offends some people to make rude gestures or slander the police. In 2013, a federal court said the Constitution protects actions like slapping a police officer.
For example, Cruzan v. Special School District- The driver is arrested who gives the middle finger to a police officer. The court said that gesture itself was free speech and police could not hold that person for offensive gesture.
Other similar cases throughout the country have vindicated this notion, where most of the times, yelling at a police officer doesn’t prove to be enough of a reason for arrest.
When “Flipping Off” Leads to Legal Trouble
While yelling at the police may not be unlawful in itself, other things that people say/do when they yell at the police may land them in hot water. What you need to know is this:
Disorderly Conduct: If you make the gesture and proceed to do other annoying things, such as yelling, making a scene, or trying to get the police officer angry, you can be charged with disorderly conduct.
Disorderly conduct is defined by Virginia law as anything that tends to disturb the public peace, including an action that causes or tends to cause public disturbance. A simple hand gesture, such as giving the middle finger alone, probably won’t be considered.
Obstruction of Justice: Sometimes what you did may have been interpreted as getting in the way of an officer’s job. Under Virginia law, obstruction of justice is classed as knowingly getting in the way of a police officer from doing his or her job.
Usually, in order for the charge to be true, there has to be more than a rude gesture. During an investigation, there must be some sort of physical interference or refusal to follow instructions.
Concerns about safety and traffic stops: Things are a bit different in the case of a traffic stop. The driver may offend someone if the gesture is seen as worsening things or posing a threat to people’s safety.
Police officers are educated to be cautious, as well when they pull somebody over. This means that something they deem threatening could get them to ask more questions or begin an investigation, although it might 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 no other annoying behavior and the action does not worsen to the point where public safety is at risk, then you are probably within your rights.
However, it must be noted that at the discretion of the police officers, they can detain you for a little while and investigate the case if they see something they suspect as offensive.
Practical Considerations
It could be seen as protected under free speech, but dangerous all the same. If an officer sees what he or she believes to be disrespect, that could make things worse for them and others involved.
This can sometimes result in further questioning or a more extended encounter. Additionally, some police officers may want to be on the lookout for other infractions to address, so politeness even if you do not agree to what is occurring can be the best for you in the long run.
