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Back in the saddle again
Join Date: Oct 2001
Location: Central TX west of Houston
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I'm pro-LEO most of the time, but this is different
Some guy was flashing his high beams to warn other drivers about a speed trap. A cop saw it and decided to pull the guy over. He then tried to arrest the guy, but it seems he may have been told "don't do that" by someone and he let the guy go. The tickets were thrown out on appeal, and now the guy is suing for civil rights violations. The cops asked for immunity, and the federal court said "nope". This seems to be a case where body cam is pretty damning for the cops.
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Steve '08 Boxster RS60 Spyder #0099/1960 - never named a car before, but this is Charlotte. '88 targa ![]() |
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Good! Nothing wrong with letting people know they need to slow down. If cops wanted people to slow down, they'd park a cruiser with the lights on and be standing out there with an orange vest on, holding a "SLOW" sign. They don't want you slow down. They want your money, they then want you to take the traffic school for the same cost as the ticket, in exchange for no points and then to do it all over again.
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I had something similar happen to me with a cop that had another vehicle pulled over. It was on the x-way and the officer was standing on the shoulder talking to the driver.
Traffic was heavy and I was not given a spot to merge into the left lane, so I pulled as far to the left as I could, giving the cop at least 6 feet of room. About a mile down the road, I see the cop's lights on and closing in on me. I pulled off onto the shoulder and the cop almost ran to my window and started screaming at me for not giving him enough room. He was red with anger. I tried to explain why I couldn't get over more and he just kept yelling. Finally he said.."Do you own this car? I answered "yes" and he said "get the hell out of here" I waited for him to leave and then drove the rest of the way home. He obviously had been thru a bad day.
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Join Date: Oct 2003
Location: Mount Pleasant, South Carolina
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I was thinking about flashing the lights to warn oncoming traffic about cops today, as I passed a state trooper, in the median.
I’m not sure people know what it means anymore. Do you guys still do it? |
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undervalued member
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When I used to race around up on Hwy 9, Skyline (Hwy84), and other twisties in the Santa Cruz Mountains the go to fuzz ahead signal up there was you tap on the top of your helmet or the roof top of your car. Not as obvious as the flashing lights, but the CHP that frequented up there knew and would get ya for that if they saw ya doing it.
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Back in the saddle again
Join Date: Oct 2001
Location: Central TX west of Houston
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Quote:
Quote:
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Steve '08 Boxster RS60 Spyder #0099/1960 - never named a car before, but this is Charlotte. '88 targa ![]() |
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Location: Leave the gun. Take the cannoli.
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Per AI:
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I don't see a purpose now, the map programs identify police.
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Politics is in the eye of the beholder - Rodney Dangerfield |
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So, is it against the law to flash your lights, warning of police ahead? Or tapping your helmet?
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I guess that means to know for sure, you need to know if your state has a specific law about warning folks.
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Steve '08 Boxster RS60 Spyder #0099/1960 - never named a car before, but this is Charlotte. '88 targa ![]() |
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Location: Los Angeles
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Sad. Just another azzhold cop. That's why they are hated so much by some. I always support my local police. I got a ticket by a motorcycle cop few months ago for failure to stop for making a right turn on red. I stopped completely because I saw him sitting there but my bumper did go over the limit line on the red light. He wrote me for that and said he could have written me for fail to stop at light on right turn because once I passed the limit line, its considered a right turn (I learn something new daily). What an ass. I just paid it today and be down with it. All a money generating machine. He was there right near the jammed street in front of the school where parents making illegal u turns across the 6 lanes after kids are dropped off or double parking holding traffic. Way it goes, and I wish him a slow painful death on that hospital bed. I do.
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Old school, pre headlights that flash, you hold two fingers, like a peace sign, to indicate radar ahead
I do
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Quote:
The bike guys, or me on a bike were not tapping lids to mini-vans or Prius... Game recognized game so in my 911 I gave and received taps..
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I thought supreme court ruled light flash warning is protected free speech.
I used to be a regular head light flash warner but now I just click "police" on Waze.
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Location: Dahlonega , Georgia
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I just did a search for Georgia , it is not illegal to flash headlights to warn of police radar . No law on the books . It is illegal to not dim your headlights to oncoming traffic .
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I see you
Join Date: Nov 2002
Location: NJ
Posts: 29,870
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On the MC I tap my helmet.
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Si non potes inimicum tuum vincere, habeas eum amicum and ride a big blue trike. "'Bipartisan' usually means that a larger-than-usual deception is being carried out." |
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Location: Southern California
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It seems as if this officer became emotionally attached to his interaction with the driver and took the "offense" personal. The officer should engage in a discussion with the driver along with a Department supervisor to ensure he understands what his duties are. This is called "conflict resolution" and is a very good tool to use so both parties understand and are heard by the other.
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https://thecivilrightslawyer.com/2022/08/14/is-there-a-right-to-flash-lights-to-warn-motorists-of-a-speed-trap-can-they-stop-you/
There are no Supreme Court cases on this. There are no federal appellate cases, to my knowledge. There are only a couple of U.S. District Court opinions, and a couple of state circuit court opinions. There was a 2019 memorandum opinion from the U.S. District Court for the Western District of Wisconsin holding that a policy and practice of stopping, detaining, and citing drivers who flash their headlights to warn oncoming drivers of a speed trap violates his right to free speech under the First Amendment. This was Obriecht v. Splinter. The First Amendment provides that “Congress shall make no law . . . abridging the freedom of speech.” It protects conduct, symbols, and non-verbal communication that express or convey a particularized message reasonably understood by viewers. Texas v. Johnson, 491 U.S. 397, 404-06 (1989). Flashing headlights could easily be placed into the category of expressive conduct. In the Obriecht v. Splinter case, this point was conceded by the state. However, even expressive conduct may be regulate by the government. For example, speech that incites or produces “imminent lawless action,” Brandenburg v. Ohio, 395 U.S. 444, 447 (1969), or is integral to criminal conduct, such as fighting words, threats, and solicitations, United States v. White, 610 F.3d 956, 960 (7th Cir. 2010), is not protected by the First Amendment. Another similar case from the U.S. District Court for the Eastern District of Missouri held in 2014 that this conduct was entitled to protection under the First Amendment. (Elli v. City of Ellisville, Mo). At least two state circuit courts have found that drivers have a constitutional right to flash their headlights. (State of Oregon v. Hill (2014); State v. Walker (Tenn. 2003)). The problem with the lack of precedent on this issue leads to a big problem for potential plaintiffs: qualified immunity. The standard for qualified immunity requires establishing that the police officer violated clearly established law. Where there is almost no established case law, that’s going to be a tough task. However, as we saw from Jeff’s video, if police are going to pull people over for flashing their lights at other motorists, they need to be honest about what they’re doing, and identify a state or local statute they allege is violated by the relevant conduct. Then, the victim of that stop can mount a First Amendment challenge. This is how the law will become clearly established. At the same time, if they’re not being honest, only video footage is going to protect the motorist from pre-textual lies, which if documented, will establish liability for a Fourth Amendment violation, with no good argument for qualified immunity.
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I live in an area with a lot of tree-lined two lanes roads.
Every one flicks the lights warning for tractors on the, stopped/unloading school buses, construction, etc. It really helps. If your nav app doesn't have a police warning, not my problem ![]()
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It'll be legen-waitforit
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There are signs for traffic cams and radar detectors and some map apps let you know they are coming up, so flashing lights seems to be the same...
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Back in the saddle again
Join Date: Oct 2001
Location: Central TX west of Houston
Posts: 55,743
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Quote:
__________________
Steve '08 Boxster RS60 Spyder #0099/1960 - never named a car before, but this is Charlotte. '88 targa ![]() |
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