Great moments in the law

Lowering the Bar - The North Carolina Supreme Court has held, correctly, that the display of a middle finger does not provide an officer with “reasonable suspicion that criminal activity was afoot,” thus justifying a stop. In State v. Ellis, the officer was assisting another driver when he noticed the defendant (a passenger in another car) waving his hand. “As Trooper Stevens turned to look towards the car, defendant’s gesture changed from a waving motion to a pumping-up-and-down motion with his middle finger.” Trooper Stevens pursued, later claiming he believed defendant was “committing the crime of disorderly conduct.” Remarkably, both lower courts bought this argument, but the state supreme court reversed.