first amendment freedom of speech edwin baker

#FIRST AMENDMENT FREEDOM OF SPEECH EDWIN BAKER DRIVER#
#FIRST AMENDMENT FREEDOM OF SPEECH EDWIN BAKER LICENSE#

“When Baker cited Garcia for the license plate violation, he chose to enter into an agreement to suspend prosecution rather than dispute the citation,” the court wrote. However, Baker and another officer testified that his license plates did have covers or frames on them. Garcia denied that his license plate had a cover or frame over it. Minnesota law provides: “it is unlawful to cover any assigned letters and numbers or the name of the state of origin of a license plate with any material whatever …. However, the judge also determined that Baker had reasonable suspicion to make the vehicle stop because Baker believed that Garcia had committed a license-plate violation. She also found that a jury could find that Baker stopped Garcia’s vehicle because of the offensive gesture. Judge Bresel acknowledged that Garcia’s middle-finger gesture was protected expressive conduct under the First Amendment. The judge reasoned that Garcia’s First Amendment claim must fail because to maintain a First Amendment retaliation claim, the offending government officials must lack probable cause or arguable probable cause to make the arrest. Bresel ruled in favor of the defendants in Garcia v. The defendants countered that Garcia’s First Amendment claim failed because Baker had reasonable suspicion to stop the vehicle. He alleged that Officer Baker retaliated against him because of his protected expressive conduct of flipping her the middle finger. Garcia’s First Amendment claim focused on retaliation. The defendants had the case removed to federal court since the lawsuit involved federal constitutional-law claims. Garcia then filed a lawsuit in state court, contending that Baker and others violated his First Amendment right to freedom of speech and his Fourth Amendment right to be free from unreasonable searches and seizures. On the advice of his attorney, Garcia took a defensive-driving course and wrote a letter of apology to Baker in exchange for the dismissal of the disorderly conduct charge. She claimed that she noticed that Garcia’s rear license plate had a cover and a frame. She stopped his vehicle and arrested him for disorderly conduct. Garcia later came back around the school when children were present and flipped off Baker.īaker then got into her police car and followed Garcia.

Garcia drove past Sonnesyn Elementary School in New Hope a little too fast for Officer Kaitlyn Baker. The court reasoned that the police officer had reasonable suspicion to stop the vehicle for a supposed license-plate violation.

#FIRST AMENDMENT FREEDOM OF SPEECH EDWIN BAKER DRIVER#

Illustration of police cars, CC BY-SA 2.0,Ī New Hope, Minn., driver pulled over for flipping off a police officer in front of a public school did not have his constitutional rights violated, a federal district court has ruled.

First amendment freedom of speech edwin baker