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01-2447 Abrams v. Walker

By: dmc-admin//October 14, 2002//

01-2447 Abrams v. Walker

By: dmc-admin//October 14, 2002//

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“Abrams failed to demonstrate that his conduct was constitutionally protected. While he may have been entitled to his initial questioning of the officer, he had no constitutional right to engage in conduct that he admits was both disobedient and dilatory. Abrams admits that he repeatedly disobeyed the lawful order of a uniformed state trooper engaged in the performance of an inherently risky duty-i.e., a traffic stop on the side of a busy interstate highway. Abrams furthermore admits that he attempted to flee the scene once the officer informed Abrams that he was being issued tickets. Abrams also admits he retrieved the knife Walker had taken from Abrams’ car once Walker had returned to his squad car to call for backup. Abrams even admits that his actions had the effect of interrupting and delaying Walker’s traffic stop of Forte.

“[T]here was no ‘genuine issue’ over whether Abrams (1) failed to comply with the repeated lawful order of Trooper Walker to return to his car (in the midst of a traffic stop on a busy interstate highway); (2) that Abrams attempted to flee once Walker told him he would be ticketed; (3) that Abrams contravened Walker’s implicit order not to retrieve the weapon; and (4) that Abrams’ actions delayed Walker’s traffic stop of Forte. A person who believes that he has a defense to a charge must make that defense in court; he cannot flee the scene in an effort to avert the issuance of a citation. The potential recipient of a traffic citation just can’t have the privilege of saying: ‘Since in my own eyes I have not committed any infraction, I can leave the scene immediately despite the officer’s contrary instructions.’ Appellant cites City of Houston v. Hill, 482 U.S. 451 (1987), for the proposition that verbal criticism of police officers is an important characteristic of a free nation and cannot be punished. This is true. But Mr. Abrams could have been reciting the Magna Carta and still been properly apprehended by Trooper Walker. His interference with a traffic stop on the side of a busy interstate was not the proper time, place, or manner for an officer of the court to register his disagreement with the traffic stop.

Moreover, Abrams’ attempt to leave the scene after Walker informed him he was going to be issued tickets was criminal.”

Affirmed.

Appeal from the United States District Court for the Northern District of Illinois, Conlon, J., Coffey, J.

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