RALEIGH, N.C. — A state trooper’s decision to stop a driver who flashed an obscene hand gesture wasn’t justified, the North Carolina Supreme Court ruled Friday, overturning lower court decisions.
Ellis’ back-and-forth waving motion with his hand outside the window turned into a pumping up-and-down motion with his middle finger, court documents say. A divided panel of the Court of Appeals upheld the judge’s denial to leave out the trooper’s statement, saying there was reasonable suspicion for the stop., said Stevens’ testimony leads to inferred facts that the trooper didn’t know whether Ellis’ gesture was directed at him or another driver. Stevens also didn’t observe traffic violations or other suspicious behavior during the pursuit, she wrote.
Source: Law Daily Report (lawdailyreport.net)
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