Practice is alleged to have originated at the Battle of Agincourt… after the English archers were threatened by the French with having their middle fingers removed… when the battle was won and the French beaten, the archers raised their middle fingers proving who “plucks yew” last, plucks best…
CSP Drops Case Against Man Who Flipped Off Trooper
Man Who Flipped Off State Trooper Questions Manpower Used
Alan Gathright, 7NEWS Content Producer
POSTED: 3:51 pm MDT May 26, 2011
UPDATED: 9:33 am MDT May 28, 2011
JEFFERSON COUNTY, Colo. — The Colorado State Patrol says it is dropping the case against a 35-year-old man who was ticketed after flipping off a state trooper with a finger gesture.
The surprise announcement was made in a news release issued late Friday afternoon.
“After reviewing the facts of the case, this incident does not support probable cause to sustain the charge of harassment as such actions under these circumstances are protected free speech,” a release stated. “The Colorado State Patrol has requested the dismissal of the charge with the First Judicial District. The District Attorney’s Office has filed a motion to have the case dismissed.”
The dramatic move came just hours after the driver questioned the use of manpower to locate and ticket him.
Earlier, the American Civil Liberties Union said it was going to defend him because giving “the bird” is protected speech and not a crime.
In an exclusive interview with 7NEWS on Friday, Shane Boor also questioned the resources used to track him down.
Boor was cited on April 19 for misdemeanor harassment involving an obscene gesture after another trooper tracked him down at his workplace.
“It’s rude to flip off a cop, but it’s not a crime,” Mark Silverstein, ACLU legal director, said in a Thursday statement.
“The protection of the Constitution is not limited to speech that is acceptable in polite society. The First Amendment also protects expression that may be disrespectful, coarse or even vulgar,” he said. The ACLU is providing Boor free criminal defense services.
Boor was driving to work near West Bowles Avenue and C-470 in Jefferson County at about 10:05 a.m., when he saw a state trooper on the roadside, writing a ticket for another driver, the ACLU said.
“As he passed by, Mr. Boor extended his middle finger in the trooper’s direction, a gesture that quietly expressed Mr. Boor’s disapproval of what he regarded as unjustified harassment by members of the trooper’s profession,” the ACLU statement said.
Soon after Boor arrived at his work, another trooper showed up and questioned Boor about the hand gesture. Boor was issued a criminal summons charging him with harassment, which carries a possible penalty of six months in jail.
The summons stated: “Mr. Boor with intent to harass, annoy, alarm Trooper White did unlawfully, in a public place, make an obscene gesture to or at said victim.”
The ACLU had urged the District Attorney’s Office to dismiss the case.
“The police obviously need better training concerning our country’s time-honored constitutional right to free expression,” said Dan Recht, a private attorney working with the ACLU. “Their training must teach them to shrug off insults and disrespectful comments from the public. In essence, they need to develop a thicker skin so that our constitutional rights prevail.”
Colorado State Patrol spokeswoman Trooper Heather Cobler said that patrol officers were already in the area working on speed enforcement with a patrol plane so the officer who tracked down and cited Boor was not dispatched from outside the area.
Driver Questions Uses Of 2 Patrol Cars, CSP Plane To Track Him Down
Boor said the first thing the trooper who found him said was, “Did you see the plane? That’s how we found you.”
On Friday, Boor told 7NEWS he was surprised by the manpower used to track him down.
“When he wrote me the ticket … I asked him if he thought that using two squad cars and an airplane to track down somebody that had insulted him was a good use of taxpayer dollars.”
Asked what Boor thought the CSP should do in cases like this, he offered this suggestion:
“Train their officers a little bit better to respect the First Amendment and to treat the citizens and taxpayers with a little bit more respect.”
The head of the Colorado State Patrol said he supports his troopers.
“Although we find the gesture towards our trooper offensive and demeaning towards the heroic nature of law enforcement officers throughout the country, this act alone does not constitute a crime,” said Col. James M. Wolfinbarger, Chief of the Colorado State Patrol.
It is not immoral to curse an enemy of God… but to do so without a cocked and locked .45 at the ready, might be ill advised… —Editor
Ephesians 6:13 (NLT)
… Therefore, put on every piece of God’s armor so you will be able to resist the enemy in the time of evil. Then after the battle you will still be standing firm… (as opposed to lying on the ground in a bloody mess)
Proverbs 8:35-36 (NIV) The context is wisdom… That is if you do something stupid, you might just get killed…
… For whoever finds me finds life and receives favor from the Lord. But whoever fails to find me harms himself; all who hate me love death.”