No, it is not illegal to flip off a police officer in New Mexico. The gesture qualifies as protected speech under the First Amendment, as affirmed in multiple U.S. court rulings nationwide.
First Amendment Protection
Flipping someone off, even a cop, counts as expressive conduct rather than a crime on its own. Federal courts have consistently ruled that rude or offensive gestures toward officers do not justify stops, arrests, or charges absent other violations.
New Mexico follows this precedent, with no state statute banning the act specifically.
When It Could Lead to Trouble
Legal issues arise only if the gesture accompanies other crimes:
- Disorderly conduct (N.M. Stat. § 30-20-1) if it provokes a public fight or disturbance.
- Resisting or obstructing an officer (N.M. Stat. § 30-22-1) if paired with interference, threats, or evasion.
- Traffic stops or reckless driving if done while operating a vehicle unsafely.
New Mexico Specifics
No local ordinances or 2026 updates target this gesture. Cases elsewhere (e.g., federal agents sued for retaliation) set the tone: isolated middle fingers get dismissed as free speech.
Officers may scrutinize you more closely, potentially escalating routine encounters, but they cannot act solely on the gesture
Key Statutes Table
| Statute | Applies If… | Gesture Alone Legal? |
|---|---|---|
| § 30-20-1 (Disorderly Conduct) | Causes breach of peace | Yes |
| § 30-22-1 (Resisting Officer) | Interferes with lawful duties | Yes |
Practical Advice
While legal, it’s unwise—officers might perceive it as provocation, leading to tickets for unrelated issues that courts later toss.
Express dissent verbally or through protests to minimize hassle. Always prioritize compliance during stops.
SOURCES:
- https://www.wirthlawoffice.com/tulsa-attorney-blog/2021/04/can-i-legally-flip-off-the-police
- https://www.reddit.com/r/police/comments/1h0rdrt/can_cops_legally_arrest_you_for_flipping_them_off/
