We had a similar case here in Texas last decade. An appellate court ruled that such a gesture aimed at police would not be expected to result in a physical confrontation since police are to avoid such situations.
Police are people too with the same emotions as anyone else. However, after a while on the force they seem to forget that they are agents of government, subject to Constitutional constraints, and generally ignorant of common law and judicial precedent. They are not to use their employment to service their emotions or disposition.
"Generosity. That was my first mistake." "Experience must be our only guide; reason may mislead us." "Instagram is Twitter for people who can't read."
