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by account42 353 days ago
Flashing headlights gets people to drive more carefully and within the speed limit, thus you are not helping someone commit a crime. However if you help someone avoid being lawfully detained this might make you complicit in their actions and the courts could very well decide differently. Intent very much matters here.
3 comments

Using this line of reasoning, let’s imagine for a moment that a car speeding 20mph over the limit sees someone on the other side of the road flashing their lights and slows down in time to avoid a ticket.

Hasn’t the light flasher helped someone who was breaking the law avoid detection?

And isn’t the intent of the flasher to ensure that people who were breaking the law have enough time to stop doing that long enough to avoid detection?

> However if you help someone avoid being lawfully detained

Obligatory “I am not a lawyer” disclaimer, but the people who make posts on this app have no contact with the people the app ostensibly benefits. If the app helped targets of ice find willing drivers in the area to help them escape to somewhere else, that’d be one thing since there is now a direct relationship with a person and the accused and direct action on the part of the app user. But I don’t see how this app is materially different from posting speed traps or DUI checkpoints on Waze, an action that has absolutely helped people avoid lawful intervention by police.

The light flasher has merely persuaded someone to stop breaking the law. Whether or not the lights flashed, the police would not have been able to detect prior speeding, but merely detected speeding near them.

An analogy might be to have a sign in a shop warning thieves of CCTV - the purpose is to prevent theft and is not considered to be helping someone avoid detection, although it does also do that.

Speech that indirectly results in someone committing more crime is not the same as speech that directly incites someone to commit more crime.
We’re saying that “intent very much matters here” but when we are talking about people flashing headlights to warn others of a police-manned speed trap, we focus on the effects of the action. Isn’t the intention of the person flashing their headlights (in many cases) to help people break the law? That is, people see the signal and slow down while passing the speed trap only to increase speed once past, evading detection.

This looks much the same to me as people warning those around them of ICE activity.

Nobody flashes their headlights with the intent that someone will speed up. Driving at night, you're not even able to determine whether oncoming traffic is speeding.

It is literally telling someone to obey the law, because the law is watching.

Maybe they’s why people post on the app too, to remind folks to have their documentation in order.
If you have the app, you likely don't need the reminder. You're either evading ICE or helping other people steer clear of ICE.

Police notifications on GPS don't really give you much notification to turn off onto a different road or to avoid them, at least on freeways, which is the only time I've seen them.

Fondly remember 20 years ago when I was doing over 100 on a highway in northern Alaska and all the _cop_ did was flash his lights at me to tell me to slow down.

Times sure are changing