Is There a Right to Flash Lights to Warn Motorists of a Speed Trap? – Can They Stop You? – Everything Law and Order Blog

Is there a constitutionally protected right to flash your lights at oncoming traffic, in order to warn them of an approaching speed trap? There’s remarkably few rulings out there on this issue, and a quick search reveals very little guidance from the judiciary and the legal community. But that doesn’t mean it isn’t a common occurrence.

I hear about it from time-to-time and there’s a few instances out there if it being captured on video. Perhaps my favorite is an old video from the guy they called the Godfather of First Amendment auditors, Jeff Grey. This occurred in Florida, near Jacksonville, on I-10, and involves a classic Florida speed trap, full of unnecessary government employees who have nothing else better to do than to harass people and flex their egos and authority. Jeff sets the trap with the bait. And the cops can’t resist it.

Read more: https://thecivilrightslawyer.com/2022/08/14/is-there-a-right-to-flash-lights-to-warn-motorists-of-a-speed-trap-can-they-stop-you/

Jeff’s video: https://youtu.be/u7mlYT0pDuA

Video to submit? https://forms.gle/HmwnDQKvwvYPxe967

FAIR USE NOTICE This video may contain copyrighted material; the use of which has not been specifically authorized by the copyright owner. We are making such material available for the purposes of criticism, comment, review and news reporting which constitute the fair use of any such copyrighted material as provided for in section 107 of the US Copyright Law. Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work for purposes such as criticism, comment, review and news reporting is not an infringement of copyright.

NOTE: We don’t condone threats or violence of any kind. If you are upset or outraged by acts of government misconduct featured in this video, we encourage you to utilize lawful means of expression, including becoming involved in the political process, as well as seeking accountability through the judicial system.

source

37 thoughts on “Is There a Right to Flash Lights to Warn Motorists of a Speed Trap? – Can They Stop You?”
  1. John, there's no need for "rulings" on flashing lights on a vehicle. The Hazard Light feature on every vehicle alerts others that there's some distress with said vehicle. Hence the title "Hazard Warning Lights" (or Signal Flashers). Flashing Headlights at oncoming traffic is a form of communication similar to Morse Code. Communication to others, whether spoken, signaling or other means is still protected by Free Speech.

  2. IF speed traps were for slowing people down, then why do most speed traps hide the officer clocking the traffic? Seems reasonable that if you saw a cop sitting in the open from a mile away you would slow down. Yet, most times, you never see the clocking officer until you pass them.

  3. Flashing lights is a way of making some attentive drivers safer. It is a form of crime prevention. Why should that be illegal? Oh, obviously cops are pissed off because they missed an opportunity to get money for their community. It’s all about money, not safety.

  4. But what a motorist can do if he drives from Michigan to Texas and a police officer gives you a ticket for flashing your lights to warn income motorists of a speed trap in Kentucky, what can we do then, because I live in another state ?

  5. Didn't the cop unlawfully extend the duration of the stop with his bullshit tactic of suddenly wanting to "check" something else AFTER returning to the vehicle and acting like a petulant toddler by telling the driver he's free to go but refusing to give him back his ID and stop leaning on the vehicle?
    Corruption is why we don't trust them anymore.

  6. The eleventh problem with some police and sheriff's departments is: With moving violation fines exceeding two hundred dollars, speed traps and trick signs can quickly fill the local coffers like no taxing can. This great theft causes a police record for innocent travelers and a desire in many to avoid the area, city, and the state. America needs a constitutional amendment causing ALL law enforcement (and judge ordered) collected funds to be directed into paying down the national debt and all confiscated equipment needs to be sold at auction (not used) with ALL of the proceeds to be directed into paying down the national debt. Ron W4BIN

  7. The reason I stopped warning other drivers (unless it’s super obvious it’s a speed trap) is because it could be possible they are looking for a certain vehicle! Maybe someone on the run or maybe a child got kidnapped and they are looking for that certain vehicle you just warned there is cops up ahead!

  8. Jeff WASN'T flashing his lights to warn others. If that was the case, he would have done it in a location where the "others" could have slowed down in time. He was doing it AS HE PASSED THE COPS WITH THE INTENTION OF GETTING PULLED OVER. We need good police. We also need less dicks like Jeff.

  9. Kindly asking for suggestion on my case: “There are no Supreme Court cases on this. There are no federal appellate cases, to my knowledge. There are only a couple of U.S. District Court opinions, and a couple of state circuit court opinions. ‘There was a 2019 memorandum opinion from the U.S. District Court for the Western District of Wisconsin holding that a policy and practice of stopping, detaining, and citing drivers who flash their headlights to warn oncoming drivers of a speed trap violates his right to free speech under the First Amendment.’ This was Obriecht v. Splinter.”

    Here is my question and based on the following written comment. “However, as we saw from Jeff’s video, if police are going to pull people over for flashing their lights at other motorists, they need to be honest about what they’re doing, “and identify a state or local statute they allege is violated by the relevant conduct”. Then, the victim of that stop can mount a First Amendment challenge. This is how the law will become clearly established”.

    On my case, the officer told me I was flashing lights to let motorists know of a police trap and I told him that he was correct. He gave me A NOTHING TO DO STATE STATUTE VIOLATION 316.238 (HEADLIGHTS- FAIL TO DIM. ID FL DL FLASHING TRAFFIC TRAVELING SOUTH DURING INCLEMENT WEATHER: was beautiful weather and I was going North).
    – Can I honestly fight this on my own without a need of an attorney?
    – What “verbiage” should I use to mount a First Amendment challenge?
    – Prior to a trial is something that I can do? Concerning letting know the judge the existing ruling in Florida.
    – “Is any First Amendment organization that is willing to help in this?”
    – If I loose my trial can I appeal?
    – Will this be costly?.

  10. I've watched the videos, and read a lot comments here… and it seems there is a bit of tunnel vision going on here. Many have become the Hammers thinking everything is a nail… that they accuse the cops of being.

    In this instance, weather genuine, or disingenuous, the reason for the pull over was valid.
    He flashed his lights multiple times as he approached and passed the gaggle of officers.
    He could have been warning of the speed trap (albeit to soon, lol), saying hello to the officers, OR an actual call for help/assistance.
    I am against the rampant tyranny and support many of these videos, but I would want the officer to investigate… just as the ovp (orig video poster) also wanted and knew would happen.
    They did stop and investigate.

    The issue here is that, once the question was asked, and the answer given…. the investigation was complete. I'd even accommodate a little extra annoyed chatter from the officer… because let's face it, no one wants to feel their time was wasted, no matter the job/ task/ relationship.

    However, the retaliation and detention of the driver as long as they did is what is at issue here…. and justifiably so.

    We don't like bad cops, judges, system, laws, etc…. but we do understand the need for concern (feigned or real), and the acting on that concern… that is part of the protect and serve ideal… weather it's in the officers heart, or begrudgingly done because it's mandated by their precinct.

Leave a Reply