trle Mar City Police Department what's the middle finger is that a certain hand signal that you got to give away just that is that why you pull yes driver's license registration Pro insurance and proper hand display registration display if I have to say it one more time to provide me with the documents I'm going to place you under arrest under arrest for what get [Music] out welcome back to the channel this is actually my client his name is Corey Lambert a couple of years ago at about this time of year he was driving in Martinsburg West Virginia he saw a police car exercising his first amendment rights to communicate his disapproval and criticism of those police officers Cory flipped them off also known as giving them the bird the police officer driving that police car officer Engel from the Martinsburg Police Department observed that bird and he immediately turned his car around and initiated a traffic stop of Corey who is driving his old truck as directed by the emergency light he pulls over to an appropriate location in the parking lot of a furniture [Music] store be 1037 here in front of the Grand Home Furnishing Western 28 24 Mar 75 rather than be honest about the real reason that the officer had pulled Cory over because he gave him the middle finger he decided to pretend that Corey was attempting to use a hand traffic signal and had used the wrong one trle Mar City Police Department what's the middle finger is that a certain hand signal that you got to give away just that just just to do it cuz I want to all where's your driver's license registration Pro of insurance driver's license registration proof of insurance is that why you pull yes driver's license registration proof of insurance can't can I I can you're in the middle of a traffic stop listen driver's license registration proof of insurance improper hand display after hearing the officer acknowledged that he was actually pulled over in response to this expression of speech that we call the middle finger Corey believing this to be illegal attempted to remonstrate with the officer questioning his authority to pull him over and detain him in violation of his first amendment rights but at about that time the other officer that was in the car officer Bor squat walked around the front of Cory's truck quickly approached the window and he interrupted the conversation between officer Eng Les and Corey stating if I have to say it one more time to provide the documents I'm going to place you under arrest mind you that was the first time that this officer had said anything by the time Cory could say under arrest for what boom they opened the car door they grabbed him and arrested him they had never asked him to step out of the car he had never refused to step out of the car they didn't give him a chance to step out of the car I don't think they wanted him to step out of the car they wanted to pull him out that was the entire point of what was happening here driver's license registration display if I have to say it one more time to provide me with the documents I'm going to place you under arrest under arrest for what get out get out the car you're violating my rights you know that right get your [ __ ] off at him down slide back here kick your feet apart that's my what's your name s for a recer let's go you know this ain't going to ain't going to stick right is your body cam one in in ow man all the way 57 al46 for a record let's go will be 95 with one n it's parked here in the parking lot be fine he said no just cuz I felt like it I'm staying on after Cory was forcefully shoved into the rear of the police car officer Engle then performed a search of the interior of Cory's vehicle he located nothing illegal then the officers decided to leave their body cams on but mute the audio [Applause] almost hey you got your cigarette and they proceeded to stand around smoke cigarettes and talk but we can't hear was said at one point another police car a police truck rather pulls up and there's discussion presumably about Corey but because the body cams were still muted we can't hear what is said and in fact these officers kept their body cams muted as additional searches were performed of Cory's vehicle and as he was transported and taken to the police department for processing that audio should have been on that entire time Cory was charged with improper hand and arms signals two count of obstructing police and no proof of insurance he was held at Eastern Regional Jail for 3 days and four nights on a $1,211 cash only Bond as a result of the time that he was incarcerated he ended up losing his job as a truck driver then when he had court on these charges the improper hand and arm signal charge was dismissed the count of obstructing police and no proof of insurance were dismissed the way I understand it after 90 days the remain obstructing police charge was dismissed Cory received no criminal convictions that I can tell as a result of this but because this is one of these Municipal sort of kangaroo courts where they don't even really keep records from what I can tell I don't even really know for sure but the basis for this entire ordeal was this allegation from officer Engel that he had allegedly violated this hand in arm signals ordinance and this is what it says all signals herein required given by hand hand and arm shall be given from the left side of the vehicle in the following Manner and such signals shall indicate as follows left turn hand and arm extended horizontally right turn hand and arm extended upward sto or decrease speed hand and arm extended downward that's it that had nothing to do with this stop what the stop was really about was Cory gave them the middle finger that hurt their feelings because their feelings were hurt they abused their Authority as police officers to retaliate against Corey there is is federal case law that supports there being a First Amendment right to give the police the middle finger while there hasn't been a a case specifically on that yet Perhaps this one in the fourth circuit there was one in the sixth circuit that ruled that giving the police the middle finger is a form of free speech protected by the First Amendment and that ruling aligns with broader interpretations by the federal courts that gestures such as that fall under Free Speech protections unless they constitute fighting words or incite immediate violence which was not the case here basically there is consistent judicial recognition that giving the middle finger to police officers without additional provocative actions is generally protected under the First Amendment and that's why here we filed a federal civil rights lawsuit to enforce Corey's constitutional rights against this police department and against these two individual police officers so that lawsuit has been filed it's pending and if you want to follow along you can subscribe here and also at the blog at the civils lawyer.com where I will do my best to keep you updated remember our rights don't end where your fear begins freedom is scary deal with it [Music]