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Flippin The Bird = Disorderly Conduct

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John7714

Junior Member
Texas is where this happened.
This is a city court misdeamenor and the law I am charged with is that I did "Intentionally or knowingly make an offensive gesture or display in a public place, to wit: by thrusting his middle finger into the air in a private driveway in Raxxxxxx Trailor Park, xxxx xxxxxx, Texas, in violation of Section 42.01 (a) (2) of the Texas Penal Code.
First it says the law states 'in a Public place' and the complaint says I was 'in a private driveway' -- Is that grounds for dismissal.
Second the Supreme Court has ruled that flipping the bird to a police officer is a protected freedom of speech and the officer can be sued in federal court for arresting the person for disorderly conduct for the act and the officer cannot use "Qualified Immunity." To wit: Nichols v. Chacon, 110F.Supp.2d 1099 (W.D.Ark. 2000)Websye:~~~~~ http://home.xnet.com/~lelp/lelr/janfeb01.htm#article7~~~~~Would this be grounds for dismissal?
ThirdlyAlso the 3rd Court of Appeals at Austin has ruled that the Section 42.01 (a)(2)of the Texas Penal Code is unconstitutional as applied to prosecuting someone for disorderly conduct for only 'Flipping the Finger' at someone because the gesture is a protected freedom of speech. IS this grounds for dismissal?
I do not remember the incident but I do remember that I once went there and turned into a driveway to turn around. I do not remember 'Flipping the bird' to this lady. I may have waved as I left and she thought I used that gesture. But I do not know why I would have 'Flipped her off.' I also never was notified that I had been charged with this offense. If I had known about it I would have taken care of it then. As it is I got stopped for making a rolling stop at a stop sign at 2:30 in the morning and was arrested for an outstanding warrant in this matter. So I have already spent a night in jail. I had to pay $100 to get my truck back from being towed. I am on a bail 0f $200 and I Paid $50 for a warrant fee that I do not think I can recover. So I want to get off can someone help me? Thanks for any help you can offer about what to do in this matter.
This happened in July 23, 2003 and the charge was signed Aug. 23, 2003. So that lady may not even show up in court. Also can anyone tell me what papers from the police and court i can see before the court date. Can I sue this lady if I am found not guilty in Federal court or small claims for this wrong against me? I never got out of my truck and comnfronted anyone -- I was just turning around.
Thanks for any help. The court is set for April 6, 2005. Thanks Again. :eek: :confused:
 


BelizeBreeze

Senior Member
Get over yourself will you? You have nothing but a fine and you want to make a federal case out of it?

You would be laughed out of court.

Oh, and by the way, in several European countries, flipping the bird is classified as Assault which carries a hell of a lot more penalty.

Grow up and keep the fingers where they belong, grabbing some bootie.
 

John7714

Junior Member
BelizeBreeze said:
Get over yourself will you? You have nothing but a fine and you want to make a federal case out of it?

You would be laughed out of court.

Oh, and by the way, in several European countries, flipping the bird is classified as Assault which carries a hell of a lot more penalty.

Grow up and keep the fingers where they belong, grabbing some bootie.
Flipping the bird is classified as an assault. That is Bull ****. I would like to see proof but I know that you have none.

Turns out that the stupid police decided to grab me for this charge and were too busy eating donuts to find out that the person that should have been charged had a similar name but had a whole different middle name that they should have asked about more than 20 months ago. :rolleyes:

Protect and served my smelly ass. So this police department has let some guy walk around free and I was treated with that police holier than pope attitude for no good reason.

BelizeBreeze Don't bother to reply. It must make you feel so lonely when you have to pull your lips away from law enforcement's little round krinkly hole.
 

stephenk

Senior Member
2nd American Jailed for Obscene Gesture in Brazil
Reuters | Feb. 7, 2004]


The second American in a month was arrested while entering Brazil for making an obscene gesture while being photographed by an immigration official, police said on Saturday.

Federal police in Foz do Iguacu on Brazil's border with Argentina and Paraguay said retired U.S. banker Douglas Allan Skolnick, 56, was jailed overnight for flipping his middle finger in a photo now required to be taken of all U.S. tourists entering Brazil.

Brazil began fingerprinting and photographing Americans entering the country in January after the U.S. government imposed a similar process on foreigners, except for those from 27 mostly European countries.


"Mr. Skolnick went before the judge this morning and opted to take the public prosecutor's offer that he pay a 15,000 real fine ($5,000) to avoid prosecution," said officer Marcos Koren of the Foz do Iguacu federal police.


Skolnick, who came into Brazil on a charter flight with 91 other tourists -- mostly American -- from Chile on Friday, is being held in his hotel room under police guard until he pays the fine, said Koren. He will then be free to leave Brazil. Skolnick declined to comment.

On Jan. 14, an American Airlines pilot was arrested upon entry into Brazil via Sao Paulo, after flipping his finger in a photo. American Airlines paid a fine nearly $13,000 to free the pilot.
 

John7714

Junior Member
stephenk said:
2nd American Jailed for Obscene Gesture in Brazil
Reuters | Feb. 7, 2004]


The second American in a month was arrested while entering Brazil for making an obscene gesture while being photographed by an immigration official, police said on Saturday.

Federal police in Foz do Iguacu on Brazil's border with Argentina and Paraguay said retired U.S. banker Douglas Allan Skolnick, 56, was jailed overnight for flipping his middle finger in a photo now required to be taken of all U.S. tourists entering Brazil.

Brazil began fingerprinting and photographing Americans entering the country in January after the U.S. government imposed a similar process on foreigners, except for those from 27 mostly European countries.


"Mr. Skolnick went before the judge this morning and opted to take the public prosecutor's offer that he pay a 15,000 real fine ($5,000) to avoid prosecution," said officer Marcos Koren of the Foz do Iguacu federal police.


Skolnick, who came into Brazil on a charter flight with 91 other tourists -- mostly American -- from Chile on Friday, is being held in his hotel room under police guard until he pays the fine, said Koren. He will then be free to leave Brazil. Skolnick declined to comment.

On Jan. 14, an American Airlines pilot was arrested upon entry into Brazil via Sao Paulo, after flipping his finger in a photo. American Airlines paid a fine nearly $13,000 to free the pilot.
If you have a reason for posting this tripe please let us know what it is.
TIA.
 

stephenk

Senior Member
John7714 said:
If you have a reason for posting this tripe please let us know what it is.
TIA.
"Flipping the bird is classified as an assault. That is Bull ****. I would like to see proof but I know that you have none."

Just to answer your request.
 

John7714

Junior Member
stephenk said:
"Flipping the bird is classified as an assault. That is Bull ****. I would like to see proof but I know that you have none."

Just to answer your request.
You failed. All you have shown is that Brazil, angy at the actions of the US governmant, can play tit for tat and do so with a vengence.
When I was released from county lockup, the twenty dollars and 79 cents that I went in with changed to 17 dollars and 79 cents. When I complained about the missing 3 dollars, I was told it was for my Identification bracelet.
I told them I did not get nor did I see anyone else get a bracelet, so I wanted my money. I was told that the 3 dollars was deducted automatically and that was that.
I told the jailer that that was the best scam that I had ever seen the county promulgate. It seemed to anger her.
Maybe Brazil has an automatic 'Flip the Bird at The Customs Agent' Fee. I wonder if they present you with an 8 by 10 copy of the photo for that fee? :p
 

John7714

Junior Member
racer72 said:
Don't you just love it when folks get busted for going around flashing their IQ test number.
Tis better to remain silent and be thought a fool than to speak up and remove all doubt.
'Flippin the bird' is a constitutional protected right of free speech in the US. Google Nichols v. Chacon.
 

racer72

Senior Member
John7714 said:
Tis better to remain silent and be thought a fool than to speak up and remove all doubt.
Your post is an excellent example. Tell me anywhere in my post that I disagree with the OP.
 

signat

Member
stephenk said:
2nd American Jailed for Obscene Gesture in Brazil
Reuters | Feb. 7, 2004]


The second American in a month was arrested while entering Brazil for making an obscene gesture while being photographed by an immigration official, police said on Saturday.

Federal police in Foz do Iguacu on Brazil's border with Argentina and Paraguay said retired U.S. banker Douglas Allan Skolnick, 56, was jailed overnight for flipping his middle finger in a photo now required to be taken of all U.S. tourists entering Brazil.

Brazil began fingerprinting and photographing Americans entering the country in January after the U.S. government imposed a similar process on foreigners, except for those from 27 mostly European countries.


"Mr. Skolnick went before the judge this morning and opted to take the public prosecutor's offer that he pay a 15,000 real fine ($5,000) to avoid prosecution," said officer Marcos Koren of the Foz do Iguacu federal police.


Skolnick, who came into Brazil on a charter flight with 91 other tourists -- mostly American -- from Chile on Friday, is being held in his hotel room under police guard until he pays the fine, said Koren. He will then be free to leave Brazil. Skolnick declined to comment.

On Jan. 14, an American Airlines pilot was arrested upon entry into Brazil via Sao Paulo, after flipping his finger in a photo. American Airlines paid a fine nearly $13,000 to free the pilot.
This is why I have no desire to visit South America. $5,000 or rot in a 3rd world jail...what a deal. Although, I can't imagine why the hell you would flip off a South American official. They kill people when their soccer teams lose. I guess I would pay the $5,000 and get the hell outta there.
 

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