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Woman Harassed for Bumper Sticker Fights Back "
The Indiana Law Blog ^ | 6-30-2014 | ACLU

Posted on 07/01/2014 7:29:53 AM PDT by circlecity

From a news release:

Indianapolis - The American Civil Liberties Union of Indiana filed a lawsuit Friday on behalf of a woman who was pulled over and interrogated after her bumper sticker caught the attention of Indianapolis police officers, violating her First Amendment and Fourth Amendment rights.

On June 17, Pamela Konchinsky of Indianapolis was turning into the Merchants Garage on South Meridian Street in her silver Toyota minivan when two Indianapolis Metropolitan Police officers entered the garage immediately behind her. One of the officers told Konchinsky that she was being detained because of a bumper sticker taped to the rear window of her minivan, which read: "Unmarked Police Car." The officer told Konchinsky that people would think she was impersonating a police officer and that someone might shoot her. After reviewing her license and registration, Konchinsky was ordered to get out of her car and remove the bumper sticker.

IMPD officers' subjecting Konchinsky to detention, questioning, intimidation and harassment over the message on her bumper sticker violates two constitutional amendments: the First Amendment protecting free expression and the Fourth Amendment prohibiting unreasonable and suspicionless seizures.

"We contend that the police officers who detained and interrogated our client without legal grounds to do so violated her constitutional rights, said ACLU of Indiana Staff Attorney Kelly Eskew. "The promise of our Constitution is that these lines cannot be crossed."

The lawsuit, Pamela Konchinsky v. Indianapolis Metropolitan Police Department Officers John Doe I and John Doe II, Cause No. 1:14-cv-1078,was filed in the U.S. District Court for the Southern District of Indiana, Indianapolis Division, on June 27, 2014.


TOPICS: Crime/Corruption; Government; Miscellaneous
KEYWORDS: aclu
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To: GOYAKLA

I’m liking it!

You could also write a book called “How to Turn Into a Liberal Left Wing Nut Case.” You could sell it to middle schoolers.


81 posted on 07/01/2014 8:59:37 AM PDT by miss marmelstein (Richard Lives Yet!)
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To: trisham


82 posted on 07/01/2014 9:00:48 AM PDT by deoetdoctrinae (Gun-free zones are playgrounds for felons.)
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To: deoetdoctrinae

It’s nice to see you. :)


83 posted on 07/01/2014 9:05:42 AM PDT by trisham (Zen is not easy. It takes effort to attain nothingness. And then what do you have? Bupkis.)
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To: miss marmelstein

You are a Hoot!
You made my day.

The middle schools are already doing that. I believe without books.


84 posted on 07/01/2014 9:07:22 AM PDT by GOYAKLA (Waiting for the Golden Screw to be removed from Obama's navel and his a$$ falls off!)
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To: circlecity

It should have been settled by reasonable-thinking cops who realized it didn’t fit the law.


85 posted on 07/01/2014 9:10:15 AM PDT by 9YearLurker
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To: trisham

You too dear lady. Kinda hanging around waiting for Jim’s first ‘thon thread.


86 posted on 07/01/2014 9:13:39 AM PDT by deoetdoctrinae (Gun-free zones are playgrounds for felons.)
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To: deoetdoctrinae

Me too.


87 posted on 07/01/2014 9:19:14 AM PDT by trisham (Zen is not easy. It takes effort to attain nothingness. And then what do you have? Bupkis.)
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To: Nervous Tick
Get it now?

Just a few days ago we saw the sign that said "Drugs this way" scrawled on the side of a house.

88 posted on 07/01/2014 9:21:12 AM PDT by pfflier
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To: circlecity

It’s indicative of the low intelligence of the officers if they cannot comprehend a very simple paradoxical bumper sticker.

Not only are they stupid, but they also display humorlessness and below average language skills since they took the sign literally. If English is their first language, they are very dumb indeed, to misunderstand such simple irony.


89 posted on 07/01/2014 9:25:11 AM PDT by Valpal1 (If the police can t solve a problem with violence, they ll find a way to fix it with brute force)
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To: Nervous Tick
"It’s probably over your head, but the whole point of her humor (and it IS humor) is that no unmarked police car could possibly be labeled as such. Or it would be a marked police car and then the label would be false. Get it now?"

I was thinking and going to comment exactly along those lines, only you summed up my own thought in a much more pithy manner than I would have, great job.

90 posted on 07/01/2014 9:26:49 AM PDT by PoloSec ( Believe the Gospel: how that Christ died for our sins, was buried and rose again)
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To: circlecity

You’re missing the larger picture here. A cop will get backup to ORDER you to do something because they don’t like what you’re doing regardless that it is fully legal. These cops claim someone might shoot at her in the minivan? How about the Obamatons that were vandalizing vehicles with Republican bumper stickers. Are cops to order those removed because something ‘might’ happen to her?


91 posted on 07/01/2014 9:28:33 AM PDT by Organic Panic
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To: Valpal1
The bumper sticker did not have the mandatory Spanish translation, and could cause a loss of self esteem among illegal aliens, particularly those LGBT illegals, single moms, and members of federally protected minority species.

If English is their first language
This shows an alarming racis tendency on your part. While true that many Affrimative Action Appointees have a shaky grasp of English, pointing it out could also cause these armed LEOs who hold your life and that of your dog in their hands, a loss of self esteem. Pre-PTS could result, with the unwanted consequence of inappropriate behavior.

I hope you understand why I am taking your keyboard away.

92 posted on 07/01/2014 9:33:38 AM PDT by Kenny Bunk (The GOP is dying. What do we do now?)
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To: Organic Panic

cops have the excuse of “let the judge prove me wrong”.

There is no penalty for cops who use power with no legal support.


93 posted on 07/01/2014 9:36:40 AM PDT by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
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To: deoetdoctrinae

http://www.freerepublic.com/focus/f-news/3174616/posts


94 posted on 07/01/2014 9:36:42 AM PDT by trisham (Zen is not easy. It takes effort to attain nothingness. And then what do you have? Bupkis.)
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To: circlecity
If they were being real dicks about the whole thing, then that's a different story altogether.

Well, at least you understand why this is a different story altogether.

95 posted on 07/01/2014 9:41:26 AM PDT by Balding_Eagle (Want to keep your doctor? Remove your Democrat Senator.)
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To: trisham
The woman is an idiot.

As opposed by the cops who were fooled by a "marked" unmarked police car.

96 posted on 07/01/2014 9:46:19 AM PDT by Labyrinthos
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To: OrangeHoof
Does anyone know WHY she likes driving around with a bumper sticker that says “Unmarked police car”? I’d like to hear her explanation.

For the same reason that I drive a gas-sucking SUV and carry a .357 magnum -- because I want to and its my right.

97 posted on 07/01/2014 9:48:31 AM PDT by Labyrinthos
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To: Labyrinthos

Your confusing freedom of speech with the practical rights of citizens in a crisis to clearly know who is and isn’t a law enforcement officer.

Your freedom of speech does not include yelling “Fire” in a crowded theatre. Common sense has to have a place here.


98 posted on 07/01/2014 9:56:15 AM PDT by OrangeHoof (Every time you say no to a liberal, you make the Baby Barack cry.)
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To: skinndogNN; Nervous Tick

How ‘bout all these T-shirts and baseball caps that have FBI emblazoned across them ... worn by people who have nothing to do with the FBI?


99 posted on 07/01/2014 9:59:16 AM PDT by RobinOfKingston (Democrats--the party of Evil. Republicans--the party of Stupid.)
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To: OrangeHoof

Do you not understand irony, that you would take such a bumper sticker literally?


100 posted on 07/01/2014 10:01:21 AM PDT by Valpal1 (If the police can t solve a problem with violence, they ll find a way to fix it with brute force)
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