put your window down nope what's your ID nope I don't answer questions am I free to leave then I'm just as free to [ __ ] stay calm I would appreciate it if you would educate this pig mustard [ __ ] who [ __ ] pulled me over for flipping him off please would you what did you tell him have a good day and welcome back to the civil rights lawyer Channel this footage was submitted by the guy who took it showing him being pulled over in lower Yoder Township Pennsylvania by a police officer named Jeff Novotny who actually works for upper Yoder Township Pennsylvania this brings up issues of whether or not this guy had to turn over his ID whether or not it was a legal traffic stop and the old issue of whether or not you have a protected First Amendment right to give the middle finger to police officers what'd you stop me for what's your what's your name and badge number what's your name badge number right there what is your name speak your name to me I can't read me what is your name I don't answer questions what did you stop me for what did you stop me for not for disorderly conduct no I don't think so this happened on Monday August 28 2023 the guy who was pulled over here says that he had been harassed by several agencies in that day he decided to exercise his First Amendment right to flip a cop off then he got pulled over when he asks why he was pulled over this cop does not admit the actual reason which apparently was he flipped him off now remember any detainment requires Reasonable Suspicion so he asks here what is the Reasonable Suspicion and he says disorderly conduct well I went ahead and looked up the disorderly conduct Statute in Pennsylvania a person is guilty of disorderly conduct if with the intent to cause public inconvenience annoyance or alarm or recklessly creating a risk thereof he engages in fighting or threatening or in violent her tumultuous Behavior makes unreasonable noises uses obscene language or makes an obscene gesture or creates a hazardous or physically offensive condition by any act which serves no legitimate purpose of the actor so the potential applicable provision here that could be disorderly conduct Under Pennsylvania law is making an obscene gesture is giving a cop the middle finger an obscene gesture Under Pennsylvania law was officer Novotny correct there was a Pennsylvania case called com versus Kelly from back in 2000 a Pennsylvania Supreme Court case that looked at this exact issue and to make a long story short it concluded that giving the middle finger to a government official does not fall under the definition of an obscene gesture under the disorderly conduct statute because the word obscene following Supreme Court case law pertains to things of a sexual nature and while the middle finger technically could translate through the f word which could be used in a sexual way it's generally just used in the context of telling somebody to f off or giving them a middle finger and therefore not in a sexual gesture sort of way and therefore it does not apply so the law was very clearly established way back in the year 2000 that giving a cop the middle finger does not even fall under the disorderly conduct Statute in in Pennsylvania dude no you're Mr Clancy aren't you I don't answer questions that's upper Yoder and we are in lower Yoder Township really you fell for it officer Novotny you fell for it really you fell for it I mean he fell for it he absolutely he absolutely fell for it he absolutely fell for it he's an operator cop and I am in lower Yoder Township you're out of your jurisdiction am I free to leave you're out of your jurisdiction am I free to leave am I free to leave you pulled me over in West when Westwood am I free to leave you [ __ ] pig no I didn't hear exactly what officer Novotny responded with but it sort of sounded like a no in any event you can see that he has his emergency lights on if a reasonable person would feel like they're not free to leave then they're not free to leave and the individual is being detained and therefore the fourth amendment is implicated and therefore there must be a reasonable articulable suspicion that some crime has occurred and that this individual may have done it and as I explained as of the year 2000 it was made very clear in the law which this guy is tasked with understanding at least constructively this man could not have committed that crime I just want to go yo Pig give me a supervisor yo piggy I'm asking for a supervisor well then you better get your [ __ ] Chief here you're out of your jurisdiction okay you want to die on this sword you're gonna oh a police officer who works in that actual jurisdiction arrives that's sergeant Tom dowdell I won't get rude with him he's about one of the only decent human beings on that Force Force I just won't I won't get nasty with him when the Second Officer arrives he doesn't appear to take part in the traffic stop at all he just goes over and talks to the police officer from the upper Yoder Police Department and so the guy who is stopped here who knows this guy and he apparently trusts this guy he asks him hey am I free to leave and so after that he says well if I'm free to leave I'm free to get out of my car and and start questioning officer Novotny in criticizing officer Novotny and that's what he does hey Tom officer dowdell am I free to leave I don't have the ID hey Tom hey Tom I love you buddy but I can do that right protect the First Amendment freezer could you educate him please can I step by wait am I free to leave then I'm just as free to [ __ ] stay Tom I would appreciate it if you would educate this pig [ __ ] who [ __ ] pulled me over for flipping him off please would you what did you tell him have a good day well at least the officer didn't deny it here as far as the reason why he pulled him over I'd love to see and hear the body cam footage and hear the conversation that took place between the actual officer who is in his jurisdiction and this guy who performed the traffic stop out of his jurisdiction but I when I look back at the beginning of the video it appears to me that this uh the officer Novotny for some reason was not wearing his body cam take a look nope you see your ID nope yeah I didn't see anybody came there I mean why would you perform a traffic stop on somebody and take your body cam off or not put it on you feel subjectively like you are doing something wrong something illegal or something that is outside of your department policy no no no no I have the freedom of speech okay I can say what I want and I can do this to you all I want okay that's right feel free to leave have a good day and I'm free to stay too absolutely okay don't think this is the end of this okay you violated my First Amendment right the [ __ ] free speech you piece of [ __ ] I'll be over for the police report too okay I appreciate that brother thank you okay you want to come over the house Tom you can okay I'm going home okay I mean at this point the guy just handled this like a boss I mean he he went from being the victim of an illegal traffic stop to getting out of his car and making this guy just feel like a complete ass and then inviting the other cop over to his house and it looked like they practically fist bumped at the end as I've explained in several videos there is a protected First Amendment right to give the middle finger to police officers or other government employees why because the first amendment covers more than just mere words it covers gestures as well it covers Expressions that are physical in nature and there have been multiple multiple cases dealing with specifically giving the bird to police officers that's very clear but you we don't even really need to go into that because Pennsylvania law their disorderly conduct statute does not consider the middle finger in an offensive gesture anyways there could be there could be some argument that under some circumstances it could be disorderly conduct directed at a third party if it's causing some sort of a fight like a road rage situation I believe there is some case law on that out of Pennsylvania but that's not what happened here really we have a Fourth Amendment violation because you have a detention that occurred because initially he was not free to leave before he was free to leave he was told he was not free to leave and it was clear to a reasonable person that they wouldn't have been free to leave because there was a police car behind him with his with the lights flashing and also he was asked for his ID so he wasn't free to leave there was no justification under the Fourth Amendment for that to occur because the disorderly conduct Reasonable Suspicion could not exist because even if true what the officer was alleging that's not a crime then you have First Amendment retaliation so the police officer seized the middle finger he then go goes and performs this illegal traffic stop and detention and that is designed to crush to chill free speech of that nature so why do many people who would otherwise give the middle finger to a police officer not do it because they know that police officer very likely could retaliate against them like happened here and that's really the actual element that you have to prove to prove First Amendment retaliation is that it would chill the speech of of your regular average person but this obviously is not your regular average person this guy has some serious cajones and he ends up walking away from it like a boss in in this situation appreciate you sending me the video definitely an interesting one and if you like watching these sorts of videos and and educating yourself and others on constitutional rights then please subscribe both here and at the blog at the Civil Rights lawyer.com I also put links to some of the other videos that I've done on the right to give the middle finger to police officers freedom is scary deal with it I'll see you next time foreign