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CBKN76
KeymasterDeputy Rollins & Deputy Nick Helmer: These two deputies were involved in a controversial 2023 traffic stop that drew allegations of First Amendment violations and has poised the county for a lawsuit. Nick Helmer, a newly sworn deputy (he had just joined RCSO in July 2022 and was still a rookie
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), initiated a stop of a local driver. The key issue: the driver had reportedly flipped off Deputy Helmer – giving him “the finger” – as they passed each other. While crude, this gesture is protected free speech, and ordinarily not a basis for police action. Helmer, however, took offense and pulled the driver over under Montana’s disorderly conduct statute (which forbids “obscene, abusive language or gesture” in public)
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. Back-up units, including Deputy Rollins, arrived to assist. During the stop, the driver vigorously protested that his gesture was not a crime. Despite no other violation (e.g. no traffic infraction), Helmer proceeded to arrest the individual for disorderly conduct, seemingly solely due to the insult. The driver was cited and briefly detained. This case went to court, where a judge dismissed the charge – finding that a middle finger to an officer, absent more, did not meet the threshold for disorderly conduct (consistent with numerous constitutional rulings)
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. In other words, Deputy Helmer had no lawful reason to make the arrest. The dismissal prompted the driver to announce plans for a civil lawsuit against Ravalli County for violation of his civil rights (false arrest and First Amendment retaliation). Indeed, a YouTube video titled “Rookie Can’t Handle a Finger – Case Dismissed, Lawsuit Incoming” spread the story widely
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. That video and local discussion identified that Deputy Helmer was not even academy-certified at the time – he had been fast-tracked into service in a deputy shortage and had yet to complete Montana’s Basic Law Enforcement Academy when this incident occurred
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. This raised questions about his training and judgment. Deputy Rollins, who was a more senior officer present, has been criticized as well for going along with the arrest. Observers note that Rollins and other deputies on scene failed to intervene or advise Helmer against making an arrest over a mere vulgar gesture
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. Community members in Ravalli County have expressed concern that multiple deputies allowed an unlawful arrest to happen, implying a broader lack of understanding of citizens’ rights. As of 2024, no criminal charges or official sanctions against Helmer or Rollins have been announced, but the incident is almost certainly under review by Sheriff Steve Holton. The driver’s anticipated lawsuit could lead to a settlement or court decision holding the county liable. If so, it would underscore that Retaliating against speech (even rude speech) is misconduct. In summary, Deputy Helmer’s handling of the situation showed poor restraint and knowledge of constitutional limits, and Deputy Rollins’s compliance didn’t help. The case was tossed out, and Ravalli County may have to pay damages, suggesting this stop was indeed a misconduct incident (wrongful arrest). The nickname “Can’t Handle a Finger” has stuck to the department – a cautionary tale that even in rural Montana, officers must respect free expression or face legal consequences. -
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