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Bizarre, disturbing detaining after riding on bicycle

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skyway35

Junior Member
What is the name of your state (only U.S. law)? CA
Hello, happy to be new to this forum! I had a bizarre and disturbing incident last night riding my bicycle. I was riding on the sidewalk-not the road- going northbound. The sidewalk was alongside the southbound lane, so I was, I supppose, on the wrong side but that's unclear since I was not in the road in the first place. Anyway, seemingly out of nowhere, a sherrif's car roars up from behind and pulls right up to the sidewalk and orders me to stop and get off my bike. This means the officer had to also travel northbound in the southbound lane, obviously on the actual road, thus breaking the law. He also parked illegally given he was faced north on the southbound side. He asks me my name and DOB in a hostile tone. I tell him my name is Chris LastName with DOB. He searches and does not find me. He gets out of the vehicle and orders my hands behind my back. He tells me I gave him a fake name. He also says that I did not properly position my hands as he handcuffs me. He throws my wallet and keys in the street and forces me into the police car. I ask why I've been handcuffed and forced into the police car and he says it was because I gave him a fake name. I did not give a fake name. But, my name was listed as 'Christopher' and he entered Chris. He grabbed my wallet and searched for me using my Driver License and of course found me. I was angry at this point, telling him I never gave him a fake name. I then ask again why I'm being handcuffed and held in a police car. He tells me I did not have a light on my bike (true), and I gave a fake name. This is after he realized I was listed as Christopher when he typed Chris! He then starts asking me if I had been drinking and asks if I would submit to a field sobriety test. I told him no on both counts. He continues probing, trying to get me to admit I had at least a few drinks. I said I had not. He continues to be very hostile. We basically sit in the car for a good hour (me having to urinate badly the entire time) and go around in circles until we just stop. He calls for backup as he apparently could not make any final calls or submit any field sobriety tests. Two officers finally arrive, they conference with the officer who detained me, and they clearly see this is all ridiculous. They simply ask me if I'm too intoxicated to drive a bike to which I replied 'No'. They conference again briefly, order me out of the car, uncuff me and hand me a citation for no light on bike, driving on wrong side of the road, and one other bike related infraction I'm not sure about. They send me on my way. More than an hour after I had been cuffed and detained.

The actual charges I face are minor and likely can be reduced down to very little when I show up in court. But, the entire incident was quite disturbing. What, if any, action should I consider taking? My best guess at this point is to attack the fact that the sherrif had to break the law blatantly to pull me over in the first place. But, really, there was so much that felt wrong about the ordeal. Any advice would be appreciated. Thanks!
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? CA
Hello, happy to be new to this forum! I had a bizarre and disturbing incident last night riding my bicycle. I was riding on the sidewalk-not the road- going northbound. The sidewalk was alongside the southbound lane, so I was, I supppose, on the wrong side but that's unclear since I was not in the road in the first place. Anyway, seemingly out of nowhere, a sherrif's car roars up from behind and pulls right up to the sidewalk and orders me to stop and get off my bike. This means the officer had to also travel northbound in the southbound lane, obviously on the actual road, thus breaking the law. He also parked illegally given he was faced north on the southbound side. He asks me my name and DOB in a hostile tone. I tell him my name is Chris LastName with DOB. He searches and does not find me. He gets out of the vehicle and orders my hands behind my back. He tells me I gave him a fake name. He also says that I did not properly position my hands as he handcuffs me. He throws my wallet and keys in the street and forces me into the police car. I ask why I've been handcuffed and forced into the police car and he says it was because I gave him a fake name. I did not give a fake name. But, my name was listed as 'Christopher' and he entered Chris. He grabbed my wallet and searched for me using my Driver License and of course found me. I was angry at this point, telling him I never gave him a fake name. I then ask again why I'm being handcuffed and held in a police car. He tells me I did not have a light on my bike (true), and I gave a fake name. This is after he realized I was listed as Christopher when he typed Chris! He then starts asking me if I had been drinking and asks if I would submit to a field sobriety test. I told him no on both counts. He continues probing, trying to get me to admit I had at least a few drinks. I said I had not. He continues to be very hostile. We basically sit in the car for a good hour (me having to urinate badly the entire time) and go around in circles until we just stop. He calls for backup as he apparently could not make any final calls or submit any field sobriety tests. Two officers finally arrive, they conference with the officer who detained me, and they clearly see this is all ridiculous. They simply ask me if I'm too intoxicated to drive a bike to which I replied 'No'. They conference again briefly, order me out of the car, uncuff me and hand me a citation for no light on bike, driving on wrong side of the road, and one other bike related infraction I'm not sure about. They send me on my way. More than an hour after I had been cuffed and detained.

The actual charges I face are minor and likely can be reduced down to very little when I show up in court. But, the entire incident was quite disturbing. What, if any, action should I consider taking? My best guess at this point is to attack the fact that the sherrif had to break the law blatantly to pull me over in the first place. But, really, there was so much that felt wrong about the ordeal. Any advice would be appreciated. Thanks!
You can make a complaint against the deputy. But, he didn't "break the law" if he was performing a traffic stop - might as well let that idea go.
 

tranquility

Senior Member
While minor items, the police had probable cause you committed a crime(s). They had a right to detain and/or arrest you. While CA would not allow a custodial arrest on these facts, it is not a violation to arrest you under Supreme Court decisions under the 4th amendment. That the officer cuffed and put you in the back of the vehicle MAY be a violation of the state code against custodial arrest in this instance, it's not really going to be compensible in any way. But, you could have been handcuffed and sat on the ground with no problem, so I don't see the technical arrest to be a real issue.

The police have to go fast to catch speeders. They have to trespass to catch runners. They have to drive on the wrong side of the road to stop bicycles illegally riding on the sidewalk.

There is no there here. Fight the ticket if you'd like.
 

dave33

Senior Member
Chris, Use this incident as a learning experience. As you can now clearly see, the police can legally detain and search anyone.

You could file a complaint against the officer, just so if a pattern exists it will be documented (not that it really matters) and
maybe it will make you feel better about the whole thing.
 

Silverplum

Senior Member
Given that I'd read the AP News about people who have actually, ya know, suffered, I was turned off by the overly dramatic language describing Poor Christopher's "ordeal."

:rolleyes::rolleyes:
 

skyway35

Junior Member
He originally cuffed me because he stated I gave him a fake name. Which I did not do.

And my understanding of the cop breaking the law in pursuit was only legal if the person being pursued posed some sort of serious threat or there was an emergency. A person biking on the sidewalk without a light wouldn't seem to qualify there :rolleyes:
 

skyway35

Junior Member
Given that I'd read the AP News about people who have actually, ya know, suffered, I was turned off by the overly dramatic language describing Poor Christopher's "ordeal."

:rolleyes::rolleyes:
The situation just opened my eyes as to how police can embellish stories to abuse their position of authority. I wasn't claiming to actually be harmed in a significant way. But, that he'd go where he went is rather alarming, especially for other potential detainees.
 

dave33

Senior Member
Given that I'd read the AP News about people who have actually, ya know, suffered, I was turned off by the overly dramatic language describing Poor Christopher's "ordeal."

:rolleyes::rolleyes:
I agree, this certainly does not rank very high on disturbing police encounters. What does that say about us? Have we just come to accept this as "o.k."?
I mean as long as you do not get beaten, than what the cop did is reasonable? As a society our expectations for decent police behavior is drastically diminished.

It sounds to me like the o.p. should have been left alone to go about his business.

The police have come to rely upon "what if's" and "could have".
 

Zigner

Senior Member, Non-Attorney
I suspect the deputy's version of the story is going to be much different than the OP's.
 

Zigner

Senior Member, Non-Attorney
And my understanding of the cop breaking the law in pursuit was only legal if the person being pursued posed some sort of serious threat or there was an emergency. A person biking on the sidewalk without a light wouldn't seem to qualify there :rolleyes:
You are mistaken.
 

tranquility

Senior Member
He originally cuffed me because he stated I gave him a fake name. Which I did not do.

And my understanding of the cop breaking the law in pursuit was only legal if the person being pursued posed some sort of serious threat or there was an emergency. A person biking on the sidewalk without a light wouldn't seem to qualify there :rolleyes:
Those darn understandings, they're so often wrong. Technically, a police officer breaking the traffic laws needs to have one red light to the front lit. But, if he didn't, that does not affect you at all. (It's not really going to affect him either, unless he has an odd supervisor. I've heard of some officer's getting reprimanded for breaking traffic laws with just the 'scuse me (yellow rear facing) lights flashing. But, not very often.)
 

LeeHarveyBlotto

Senior Member
He originally cuffed me because he stated I gave him a fake name. Which I did not do.

And my understanding of the cop breaking the law in pursuit was only legal if the person being pursued posed some sort of serious threat or there was an emergency. A person biking on the sidewalk without a light wouldn't seem to qualify there :rolleyes:
Your understanding of the law is incorrect.
 

skyway35

Junior Member
I agree, this certainly does not rank very high on disturbing police encounters. What does that say about us? Have we just come to accept this as "o.k."?
I mean as long as you do not get beaten, than what the cop did is reasonable? As a society our expectations for decent police behavior is drastically diminished.

It sounds to me like the o.p. should have been left alone to go about his business.

The police have come to rely upon "what if's" and "could have".
This was my point.
 

skyway35

Junior Member
I suspect the deputy's version of the story is going to be much different than the OP's.
No doubt. There were many things he said throughout my hour in his car which were either fabrications or grotesque embellishments. I have no doubt he's continue that if/when he was questioned...

But, the deputy will not be giving his side of the story with regards to the court. I'll likely have to accept the charges and hope to get some leniency on the punishments. As ridiculous as it was that they spent that much time detaining me and keeping themselves away from dealing with real crime over bike matters, I get that I can't deny that there was no light on my bike and I was riding on the sidewalk...
 

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