Flipping off a police officer in Connecticut enjoys First Amendment protection as free speech, remaining legal unless it physically obstructs, resists, hinders, or endangers the officer under C.G.S. § 53a-167a. Courts nationwide, including federal precedents like Cohen v. California, affirm vulgar gestures toward authorities as non-criminal expression absent threats or interference.
Connecticut’s interfering statute, often misused as a catch-all for perceived disrespect, requires proof of intentional hindrance during official duties, not mere words or gestures.
First Amendment Safeguards
The U.S. Supreme Court consistently shields offensive speech directed at police, viewing middle fingers as symbolic protest rather than unprotected “fighting words.” Connecticut aligns via state constitution Article First, §4-14, emphasizing expression absent incitement to imminent lawless action per Brandenburg v. Ohio. Cases dismiss charges when gestures occur during lawful stops without delaying investigations.
Passive refusal, like ignoring ID demands post-Terry stop, may trigger scrutiny but flipping alone fails the intent test.
Interfering with an Officer Statute
C.G.S. § 53a-167a defines interference as obstructing peace officers or firefighters in duties—Class A misdemeanor with up to 1 year jail and $2,000 fine. Broad drafting invites abuse for “hard time” behavior, but convictions demand active hindrance: physical blocking, fleeing, or lying—not gestures. Speech qualifies only if it physically prevents work, per case law excluding verbal challenges.
Felony upgrades occur with serious injury/death, irrelevant to gestures.
Real-World Enforcement Patterns
Officers frequently charge interfering for attitude during arrests or investigations, pairing it with disorderly conduct under §53a-182. Defense records show dismissals when footage reveals no obstruction, juries relating to human reactions under stress. Body cams bolster suppression motions excluding “fruit” of bad arrests.
Post-2020 Police Accountability Act reforms (§53a-167b duty to intervene) curb excessive responses, though complaints rose amid scrutiny.
Protected Scenarios
During traffic stops, flipping post-ticket handover signals contempt legally if hands stay visible and vehicle departs promptly. Protests allow gestures toward lines absent crossing barricades. Refusing consent searches or recording (legal if not interfering) withstands charges.
Passive non-compliance, like silent gestures, dodges “resists” elements.
Risky Contexts and Escalations
Brandishing flips while blocking traffic or approaching officers risks disorderly conduct escalation if breaching peace. Intoxication or priors amplify arrests under §53a-182 creating public alarm. Repeat interfering invites felony enhancements or license issues.
Qualified immunity shields officers unless egregious, but civil §1983 suits succeed on recordings proving retaliation.
Defending Against Charges
Hire counsel immediately; motions to dismiss cite First Amendment overreach, lack of intent, or vague statutes. Discovery demands body cam/full video; speedy trials expose weak probable cause. Collateral consequences—jobs, guns, immigration—demand aggressive pleas to violations.
ACLU Connecticut aids First Amendment claims; nolle prosequi common sans injury.
Police Reforms Impacting Interactions
2020 laws ban race-based false reports, mandate de-escalation training, and prohibit vehicle searches sans warrants during minor stops. Duty to intervene curbs peer retaliation for gestures. No private right against officers exists, routing claims to internal affairs.
These foster accountability, reducing pretextual interfering arrests.
Best Practices for Encounters
Film from public spaces, hands visible, distance maintained; utter “Am I free to go?” post-questions. Flip post-compliance if inclined, avoiding eye contact or approach. Log details for complaints; know §53a-167a requires hindrance proof.
SOURCES:
- https://www.connecticutcriminallawyerblog.com/interfering-with-an-officer-%C2%A7-53a-167a-connecticuts-most-misused-charge/
- https://themaddoxlawfirm.com/criminal-defense/interfering-with-police/
