In Minnesota, flipping off a police officer is generally not illegal in itself, as it is considered a form of free speech protected by the First Amendment. However, it can lead to legal issues if it escalates into a situation that could be classified as disorderly conduct.
Disorderly Conduct
- Definition: Disorderly conduct in Minnesota can involve behavior that is likely to incite a disturbance or provoke a violent response. While giving the finger to a police officer might not directly qualify as disorderly conduct, it could lead to such charges if it provokes a reaction or causes a disturbance.
- Fighting Words: If the gesture is accompanied by threats of violence or other “fighting words,” it could result in a legitimate disorderly conduct charge. This is because threats of violence are not protected by free speech.
- Legal Protection: Generally, swearing or making gestures at police officers is protected under free speech, but it’s crucial to avoid escalating the situation into one that could be considered disorderly conduct.
Legal Considerations
- Arrests: While an officer might arrest someone for disorderly conduct in such a situation, the charges often do not stick if there was no actual disturbance or threat of violence.
- Legal Advice: If arrested for disorderly conduct after such an incident, it’s advisable to consult a lawyer to ensure the charges are properly defended against.
While flipping off a cop in Minnesota is not inherently illegal, it can lead to legal trouble if it results in a disturbance or is accompanied by threats. Always be mindful of the context and potential consequences.
SOURCES
[1] https://www.findlaw.com/state/minnesota-law/minnesota-police-misconduct-laws-and-claims.html
[2] https://www.mapletonmn.gov/media/1146
[3] https://www.speaslaw.com/blog/2018/06/when-arguing-with-police-becomes-a-disorderly-conduct-arrest/
[4]https://mn.gov/mdhr/assets/Investigation%20into%20the%20City%20of%20Minneapolis%20and%20the%20Minneapolis%20Police%20Department_tcm1061-526417.pdf
