Giving a cop the finger and ensuing unconstitutional stop

Incredulous Fox shared this post via CopBlock.org’s submit page.

Date of Interaction: May 2, 2014
Police Employee Involved: Officer Eli
Police Employee Contact Information: Auburn Police Department (ME); (207)333-6650

The following is the exact statement submitted to the Auburn Police Department for investigatory review.

On May 2, 2014, I was signaled to pull over by an unmarked law enforcement vehicle. I am to claim here in this statement that the alleged officer, identified later as Officer Eli of the Auburn Police department, stopped me in retaliation of my expression of speech protected by the U.S. Constitution and by Article I, Section IV of the Constitution of the State of Maine (2003 Arrangement).

The validity of his stop is outlined in the following excerpt of the State of Maine motor vehicle statute heading.

Under the revised Title 29-A Chapter 1 Subsection 105 Enforcement the statute reads that

“1. Authority to stop a motor vehicle. If a law enforcement officer has reasonable and articulable suspicion to believe that a violation of law has taken or is taking place, that officer, if the officer is in uniform, may stop a motor vehicle for the purpose of:

A. Arresting the operator for a criminal violation;
B. Issuing the appropriate written process for a criminal or civil violation or a traffic infraction; or
C. Questioning the operator or occupants

2. Scope of Inspection. A law enforcement officer who has stopped a motor vehicle pursuant to subsection 1 may demand and inspect the driver’s license, certificate of registration, permits and the identification numbers of the motor vehicle…“

The sequence of events were as follows as I remember clearly and in sound mind. The officer detained me for questioning. That question was, “Is there a reason that you keep flipping me off every time I see you?” I declined to answer as is my right. The officer in question then walked to the front driver’s side of the vehicle to read the inspection sticker off the windscreen of my car. It was after this validation of my state issued sticker that I was forced to produce my operator’s license, vehicle registration and proof of insurance. This is a direct infringement on state law as I, and my counsel understand it. If Officer Eli wanted to make his fabricated rationale sound more lawful and warranted, he should have requested my identification before stepping to the front of my vehicle to find that I was acting within the law and the scope of the stop had ENDED.

My complaint is as follows. Officer Eli of the APD unlawfully stopped my vehicle under the pretense that I expressed my 1st amendment rights to his displeasure. My gesture could be perceived as rude but it is permitted under all local, state and federal ordinances to express myself in this way. This is an abuse of authority endowed by the municipality and by state governance. Once Officer Eli saw that my sticker was law abiding, he was no longer pursuant of the conditions A, B and/or C aforementioned and had no authority or jurisdiction to ask for my credentials or investigate me further. In addition, the officer only offered a reason for this contact with me subsequent to reviewing my driving record information, further ebbing the plausibility of his “given” reason for stopping my vehicle.

I may decide to refrain from seeking further legal action provided that the proper remediation to this formal complaint is sought out and I am made aware of its conclusion. I know my rights, I am familiar with the law and I am your payroll. Please do not abuse your status as a law enforcement figure to invade the affairs of private citizens.

Incredulous Fox

Giving a cop the finger and ensuing unconstitutional stop is a post from Cop Block – Badges Don’t Grant Extra Rights