Traffic stops can get frustrating for drivers in a hurry, and sometimes lead people to do or say things they may regret later.
But is lashing out, maybe just by flipping off the officer who pulled you over, a punishable offense in Oklahoma?
In recent years, the Oklahoma City Police Department has taken a firm stance against members of their agency using the gesture after a metro officer flipped a driver off in 2023. But what are citizens able to do without facing a fine or consequence?
Here's what to know about the legality of the action, how the Constitution may come into play, and what to know next time you're interacting with police in Oklahoma.
Can you flip off a police officer during a traffic stop?
In short, yes. Though it's impolite, it's not against the law according to a few legal precedents.
This decision came in 2019, after Debra Cruise-Gulyas was pulled over in 2017 during a routine traffic stop in Michigan. The officer, Matthew Minard, pulled her over for speeding and gave her a ticket for a non-moving violation, a lesser charge.
Cruise-Gulyas, in turn, gave him a two-word statement with her middle finger while driving away. Minard pulled her over again and raised the violation to a speeding ticket.
Cruise-Gulyas then sued Minard on the grounds there was no probable cause for seizure during the second stop, thus violating her Fourth Amendment right; upgrading her ticket to a higher offense due to the gesture, thus violating her First Amendment right of freedom of speech; and that it overall violated her right to due process as set by the 14th Amendment.
First Amendment protected speech
The district court presiding over the case sided with Minard, who stated that the second stop was a continuation of the first. But, when Cruise-Gulyas took the case to the Appellate Court, the Sixth Circuit US Court of Appeals ruled in Cruise-Gulyas' favor in 2019.
Circuit Judge Jeffrey Sutton stated that “Fits of rudeness or lack of gratitude may violate the Golden Rule. But that doesn’t make them illegal or, for that matter, punishable or, for that matter, grounds for a seizure.”
Sutton later noted "Any reasonable officer would know that a citizen who raises her middle finger engages in speech protected by the First Amendment."
What to do during a traffic stop
While different states have different rules for drivers' duties during a traffic stop, experts generally agree on a few steps drivers should take to ensure the traffic stop remains calm.
The American Civil Liberties Union of Oklahoma recommends that if you're pulled over by police, you should take the following steps:
Stop the car in a safe place as quickly as possible.
Turn off the car's engine.
Turn on the internal light.
Open the window partway.
Place your hands on the wheel.
The ACLU also encourages people to stay calm during the traffic stop and not to run, resist or obstruct officers.
More: Do you have to roll your window down during a traffic stop? ACLU, police weigh in
The Oklahoma City Police Department recommends many of the same actions, including lowering your window to speak with the officer. If you're afraid during the stop, the police department's website also suggests you can lower your window a few inches, ask to speak with a supervisor or call 911.
This article originally appeared on Oklahoman: Is it illegal to flip off a cop? Here's what Oklahoma law says
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