My client was driving in Martinsburg, West Virginia. He saw a police car belonging to the Martinsburg Police Department. Desiring to express some protected First Amendment speech, he flipped them the bird – the middle finger. They immediately pulled him over. A federal civil rights lawsuit is currently pending.
DJ was driving to the store to get feed for his numerous farm animals. He was driving his crappy little “farm car” that did not have a valid inspection sticker. He was pulled over for that reason by the Martinsburg (WV) Police Department. Instead of being issued a warning or citation for the inspection issue, within seconds he ended up being arrested. Despite having committed no crime, other than the inspection sticker violation, he ended up being taken to jail in handcuffs and charged for being a drug dealer. All charges were subsequently dropped. A lawsuit was filed.
Here’s my first video on this incident, from about a year ago.
On the evening of February 12, 2023, Edmond Exline was walking alongside Interstate 81 outside of Martinsburg, West Virginia. A West Virginia State Trooper approached Edmond and immediately pulled his firearm and pointed it at Edmond. He then switched to a taser and pushed Edmond into the highway and chased him against a concrete barrier. The trooper then repeatedly tased Edmond and called for backup. Two additional West Virginia State Troopers arrived on the scene and immediately began to physically attack Edmond. On of the troopers struck Edmond in the head with his flashlight before repeatedly striking Edmond in the face and tasing him. Another trooper slammed Edmond’s face into the concrete repeatedly and struck Edmond in the face multiple times. Edmond was also kneed multiple times.
Throughout the attacks by these West Virginia State Troopers, Edmond stated, “I didn’t do nothing.” … “You’re hurting me.” … “I need to breathe.” … “Let me up. I need to breathe.” … “I didn’t do nothing.” … “You’re trying to kill me.” After physically attacking Edmond the troopers attempted to stand Edmond up while he was handcuffed and realized he was unresponsive. Edmond Exline was taken to the Berkeley Medical Center and pronounced dead at approximately 10:31 p.m. During the time the troopers physically attacked Edmond Exline, he was unarmed, was not committing any crimes, and was not under the influence of any alcohol or narcotics.
The July 2024 statement from the West Virginia State Police:
Full raw footage from all officers here.
Media report here.
This is a West Virginia case – bodycam of a traffic stop for lack of an inspection sticker and warrantless arrest. This involves the Martinsburg Police Department and Patrolman Daniel Smith. The guy in the video, D.J. Beard, wants to file a lawsuit. You tell me, what do you think? Does he have a case, in your opinion? Mr. Beard was almost immediately arrested for allegedly refusing to get out of his car. Is that what the footage shows?
This is the same police department that pulled over, and arrested, Corey Lambert, as featured in another video (different officer though).
Here are the criminal case filings, including the charging documents, police report narrative, as well as the dismissal orders:
On February 10, 2023, Corey Lambert was driving down the road and he gave the middle finger to a police officer who was driving by. That police officer then, in response to the middle finger, initiated a traffic stop. This occurred in Martinsburg, West Virginia. The officer was Coby Engle from the Martinsburg Police Department.
Here’s what he wrote in his report:
I witnessed a white male driver later identified as Corey Lambert, driving a Chevy pickup truck traveling east bound on Mall Drive. When I passed Corey I witnessed him giving an improper hand signal prior to turning left onto Mall Access Road. I then turned around and initiated my emergency lights and sirens and conducted a traffic stop in the parking lot of Grand Home Furnishings on Mall Loop.
When I approached Corey I advised to him the reason for the stop. Corey later stated that he was not indicating his direction [of] travel in his vehicle with his hand signaling and that he was simply giving me the middle finger.
Due to this being a municipal violation of hand and arm signals 339.10 I then asked Corey multiple times for his driver license registration and proof of insurance. He told me multiple times that the didn’t have to provide me with these documents.
At this time Pfc. Boursiquot told Corey again that if he didn’t provide us with these documents that he would be placed under arrest. Corey continued to not comply with our demands. Corey was then placed under arrest at this time and transported back to the Martinsburg City Police Station for processing.
Believe it or not, Corey was then held on a cash only bond for four days and three nights, following his arrest. He was charged with municipal violations of improper hand signal and two counts of obstruction. Then, because the charges were municipal, instead of a real court and real judge, it went to the municipal court, which so they told us on the phone, claims not to be a “court of record,” and as such apparently keep no paperwork. But they told us that the result was that the improper signaling charge was dismissed. One count of obstruction was dismissed. And he was convicted of one count of obstruction.
The protections of the First Amendment are not limited to spoken words, but rather include gestures and other expressive conduct, even if vulgar or offensive to some. For example, in Cohen v. California (1971), the Supreme Court held that an individual wearing a jacket bearing the words “F**k the Draft” in a courthouse corridor could not be prosecuted for disturbing the peace.
Consistent with this precedent, although “the gesture generally known as ‘giving the finger’ … is widely regarded as an offensive insult,” Bad Frog Brewery, Inc. v. N.Y. State Liquor Auth. , (2d Cir. 1998), it is a gesture that is generally protected by the First Amendment. See, e.g. , Cruise-Gulyas v. Minard (6th Cir. 2019) (“Any reasonable [police] officer would know that a citizen who raises her middle finger engages in speech protected by the First Amendment.”); Garcia v. City of New Hope (8th Cir. 2021) (“[Plaintiff’s] raising his middle finger at [a police officer] is a rude and offensive gesture but nonetheless, under current precedent, is a constitutionally protected speech activity.”); Batyukova v. Doege (5th Cir. 2021) (same); accord Swartz v. Insogna (2d Cir. 2013) (holding that giving the middle finger could not support arrest for disorderly conduct); see generally Ira P. Robbins, Digitus Impudicus: The Middle Finger and the Law , 41 U.C. DAVIS L. REV. 1403, 1407–08, 1434 (2008) (observing that the middle finger can express a variety of emotions—such as anger, frustration, defiance, protest, excitement—or even “possess[ ] political or artistic value”).