Excessive force in arrest for running stop sign on bicycle?

What is the name of your state? CA

I was arrested today for running a stop sign on my bike.

No joking. I was riding my bicycle to work today and I coasted thru a stop sign, I will admit that. I did slow down and look, what we call a California stop out here. There was no traffic at all. Well a motorcycle cop saw me and yelled in his bullhorn to "come here". I ignored him and kept pedaling casually along. Next thing I hear his siren and he pulls alongside me, he orders me to get off my bicycle. He is riding right alongside me going 5mph. I look at him with an expression as if to say "are you serious?" Next thing I know he reaches over while we are both moving and grabs my arm and pushes me off my bike. I fall over on the ground. He stops and orders me to put my hands on my head, spread mey legs and frisks me. He then asks for my drivers license. I lie and tell him I don't have one. He reaches into my pocket pulls out my wallet and gets my driver's license out. He then tells me I am under arrest and tells me to sit on the curb. After he writes me a ticket for running a stop sign he tells me I am no longer under arrest and am free to go.

I realize that I did go thru the stop sign and can't really fight that. My question is, do I have a legitimate suit against the cop for using excessive force in throwing me off the bike or in illegal search and seizure for frisking me and grabbing my wallet?

I would seriously like to press charges against this *******.

[I AM ALWAYS LIABLE]

Originally posted by joehollywood
What is the name of your state? CA

I was arrested today for running a stop sign on my bike.

No joking. I was riding my bicycle to work today and I coasted thru a stop sign, I will admit that. I did slow down and look, what we call a California stop out here. There was no traffic at all. Well a motorcycle cop saw me and yelled in his bullhorn to "come here". I ignored him and kept pedaling casually along. Next thing I hear his siren and he pulls alongside me, he orders me to get off my bicycle. He is riding right alongside me going 5mph. I look at him with an expression as if to say "are you serious?" Next thing I know he reaches over while we are both moving and grabs my arm and pushes me off my bike. I fall over on the ground. He stops and orders me to put my hands on my head, spread mey legs and frisks me. He then asks for my drivers license. I lie and tell him I don't have one. He reaches into my pocket pulls out my wallet and gets my driver's license out. He then tells me I am under arrest and tells me to sit on the curb. After he writes me a ticket for running a stop sign he tells me I am no longer under arrest and am free to go.

I realize that I did go thru the stop sign and can't really fight that. My question is, do I have a legitimate suit against the cop for using excessive force in throwing me off the bike or in illegal search and seizure for frisking me and grabbing my wallet?

I would seriously like to press charges against this *******.

My response:

You can't possibly be serious. Do I really have to review and explain all the items you mentioned that were worthy of arrest, and then inform you of the laws that you violated vis-a-vis the Officer?

IAAL

[racer72]

That sounds like a scene from the movie "Dumb and Dumber."

This is not legal advice but yes, by all means I think you should go before a judge and represent yourself, tell the judge how mean this police officer was to you, don't tell the part about you running the stop, not stopping when the officer told you to, and then giving false information to the officer. Then let us know how it goes and if you make any new friends. CCP

[I AM ALWAYS LIABLE]

This writer's post is definitely a runner-up in my End of the Year "Most Stupid Posts" Contest. The contest and posts will be posted on December 15, 2003.

Remember to vote for your favorite, for a chance to win a brand new 2004 "Yugo"!

IAAL

I can hardly wait for the winner if this bike incident is runner up.

[I AM ALWAYS LIABLE]

Originally posted by scottmasher
I can hardly wait for the winner if this bike incident is runner up.

My response:

Well, I've got some real doozies from this past year. It will be a difficult decision - - just like the California Governor's race.

IAAL

[JETX]

Do you know what they call the rear window defroster on a Yugo??
Hand warmers!

Originally posted by I AM ALWAYS LIABLE
My response:

Well, I've got some real doozies from this past year. It will be a difficult decision - - just like the California Governor's race.

IAAL

As many as you must have, it will takes weeks to read through them all!

[DrewfromCA]

Just always remember to look around for cops, even on a bike.

And go to traffic school, if possible.

Just always remember to look around for cops, even on a bike.

And, um, obey the traffic controls??

[I AM ALWAYS LIABLE]

My response:

. . . and, how about obeying a lawful order to "stop" when an Officer tells you to "stop" - - so that it doesn't turn into a "slow speed" chase, requiring the Officer to use the P.I.T. maneuver to knock your ass down from the bike!

IAAL

Any chance of this being on video