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Flashing headlights at speed trap is protected by First Amendment
News Channel 5 ^ | 11/04/03 | unknown

Posted on 11/5/2003, 12:23:54 AM by Legerdemain

Judge Dismisses Headlight Flashing Citation Posted: 11/04/2003 9:59:37 AM

A Williamson County judge has dismissed a Franklin police citation against a man who warned other drivers of a speed trap.

He flashed his lights at them.

Harley “Bill” Walker says it cost him about a thousand dollars to appeal a City Court judge’s ruling against him.

County Judge Russ Heldman yesterday ruled Walker was right about the citation violating his free speech guarantees.

Officer Chris Marlowe wrote him a ticket for interfering with a police officer’s duties on August 14th.

The Franklin city police chief has now written a memo to officers, telling them not to cite drivers for flashing their lights in warning.

Heldman invited appeal of his ruling, saying it’s an issue scholars may want to investigate.

For his part, Walker is pleased to win his case, but says he’ll flash only his brights next time. He says the only way Marlowe knew he was flashing his lights was because his tail lights were going on and off.

(Copyright 2003, AP)


TOPICS: Crime/Corruption; Extended News; Government; News/Current Events
KEYWORDS: firstamendment; police
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1 posted on 11/5/2003, 12:23:54 AM by Legerdemain
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To: Legerdemain
I hope the cop that pulled me over when I was 18 reads this thread. Let him know how right I was......
2 posted on 11/5/2003, 12:25:19 AM by b4its2late (You know why women over 50 don't have babies: They would put them down somewhere and forget.)
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Show us your headlights bump
3 posted on 11/5/2003, 12:26:18 AM by Diddle E. Squat (www.firemackbrown.com)
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To: Legerdemain
Great News! I flashed my lights to warn oncoming traffic of a speed trap just yesterday morning on my way to work.
4 posted on 11/5/2003, 12:26:56 AM by appalachian_dweller (If we accept responsibility for our own actions, we are indeed worthy of our freedom. – Bill Whittle)
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To: Legerdemain
Gosh, you'd think cops would be happy about someone encouraging others to obey the law...
5 posted on 11/5/2003, 12:29:19 AM by supercat (Why is it that the more "gun safety" laws are passed, the less safe my guns seem?)
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To: Legerdemain
This helps to prove that speed traps are revenue generators, not safety patrols.
6 posted on 11/5/2003, 12:29:46 AM by xrp
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Comment #7 Removed by Moderator

To: b4its2late
I have been saved from a few tickets in my time by this courtesy and have done it myself many times. Always wondered how legal it was.
8 posted on 11/5/2003, 12:30:54 AM by Graybeard58
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To: Legerdemain
Lazy, dumbass, doughnut disposal unit. He should be out there, mobile, and visible -- working with an unmarked unit...
9 posted on 11/5/2003, 12:30:56 AM by tracer
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Comment #10 Removed by Moderator

To: Legerdemain
Flashing headlights at speed trap is protected by First Amendment

Well, this marks a new low high point for law enforcement civil liberties!

11 posted on 11/5/2003, 12:31:34 AM by _Jim ( <--- Resources on Solar effects, effects on satellites, power systems)
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To: xrp
precisely
12 posted on 11/5/2003, 12:31:57 AM by znix
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To: tracer
He should be WALKING a beat.
13 posted on 11/5/2003, 12:32:10 AM by StatesEnemy
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To: seamole
I was pulled over for "flashing" at oncoming traffic.

I told the officer that I was just saying "Hi" to someone I knew driving the other way.

His word against mine.
14 posted on 11/5/2003, 12:32:48 AM by Erik Latranyi
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To: JackRyanCIA
Good for Harley "Bill" Walker....stickin' it to the man. Money well spent.
15 posted on 11/5/2003, 12:33:24 AM by znix
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To: Legerdemain
I usually end up "flashing" my brake lights, I wonder if that is covered.
16 posted on 11/5/2003, 12:33:41 AM by palmer (They've reinserted my posting tube)
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To: Legerdemain
Good news bump. There's a "crime" that truly harms no one.


(Except the city auditor.)
17 posted on 11/5/2003, 12:33:53 AM by GulliverSwift (Howard Dean is the doppelganger of the Joker.)
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Comment #18 Removed by Moderator

To: Legerdemain
Officer Chris Marlowe wrote him a ticket for interfering with a police officer’s duties on August 14th.

This is very telling. The defendant's actions were designed to get people to comply with the law, but this is viewed as interfering with the police. Obviously, in the minds of the police, the purpose of the speed trap was not to get people to comply with the law, but to collect fines.

It seems to me that this municipality is not very clear on what the police are for.

19 posted on 11/5/2003, 12:35:10 AM by Physicist
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To: Legerdemain
Gee whiz, we gotta bring the First Amendment and the Constitution into every little pisspot legal mishap? How about saying it's protected by common sense?! The country's gone nuts!
20 posted on 11/5/2003, 12:35:16 AM by Revolting cat! (Far out, man!)
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