Driver Taken into Custody for Laughing at Officer After Activating His Lights | Carscoops

      A case currently progressing through the courts illustrates the lengths some police officers go to prevent drivers from alerting others about speed traps.

      Flashing headlights to notify fellow drivers of potential dangers on the road is a widespread practice.

      In West Virginia, an officer is facing a lawsuit after stopping a driver for flashing his lights. Other similar occurrences indicate he is not alone in taking offense across the country.

      While road rage, obscene gestures, and other aggressive forms of communication are common today, one action stands out as a gesture of goodwill. When a driver flashes their headlights at oncoming vehicles, it serves as a subtle yet clear warning: be cautious of what lies ahead.

      Whether signaling a block on the road, an animal crossing, or a speed trap, the act of flashing lights is a considerate one. However, it seems not every police officer appreciates this gesture, and at least one may result in significant costs for his county.

      Are Headlight Alerts Considered Free Speech?

      Officers frequently object when a driver warns others about an upcoming speed trap. Despite the assumption that police would appreciate drivers slowing down, this is not always the reality.

      As early as 2012, this issue emerged in the judicial system in Missouri, where a judge affirmed that flashing headlights as a warning to other drivers is protected under the First Amendment as free speech.

      Despite that ruling and others like it since, this remains a contentious topic. A case in Smyrna, Delaware, brought to light an incident involving Anthony Jackson, who warned drivers similarly.

      According to USA Today, "A different Smyrna police officer on patrol observed Jackson flashing his headlights and quickly performed a U-turn to stop him."

      The officers cited him for improper use of a turn signal, indicating their shaky legal basis.

      When Jackson contested the ticket in court, the officer was absent, leading to the dismissal of the case. The ACLU subsequently sued the department, which resulted in a settlement involving significant policy revisions, additional training, and more.

      Arrested for Laughing at an Officer

      In a West Virginia incident shared on Youtube by The Civil Rights Lawyer, which was captured on both the police cruiser’s dashcam and the officer’s body camera, the department might face repercussions beyond simple policy changes.

      A man who was pulled over for flashing his headlights to notify other drivers of a speed trap was taken into custody. This occurred after a largely friendly interaction with Deputy J.D. Ellison, who appeared offended by William Iannacone's actions.

      When the officer threatened to arrest him over an unsigned registration card, the driver laughed, “seemingly finding this suggestion ridiculous,” according to the lawsuit. The officer then removed him from his vehicle and handcuffed him but eventually realized the situation and released him with a ticket for improperly flashing lights.

      Current Status of the Case

      This ticket is still outstanding as the driver has filed a lawsuit against the department for infringing on his rights. The judge has denied the department's motion to dismiss the case and to grant the officer qualified immunity.

      While the trial remains in the discovery phase, it is evident that not all officers are supportive of drivers flashing their lights to alert others about potential road conditions.

      Though it might be one of the most compassionate actions a driver can take, it's wise to be cautious about when and where it is done.