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Bizarre, disturbing detaining after riding on bicycle

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Silverplum

Senior Member
We sat in the car as it was parked (illegally).
You keep harping on the cop's "illegal" actions regarding pulling you over and parking and whatever -- he can park wherever and however he needs to park. Or wants to park. He can cross 3 lanes to come and pull you over. He has the right, given him by the state, to get his job done. You have the privilege of riding your bike, and have some rules to follow while riding.

Your childishness is showing, and it's both unattractive and illogical.
 


skyway35

Junior Member
Absent other facts, this was an arrest. Carl, accept it.

But, that is a good thing for the officer. If a detention, the reason disappeared when the license was found. What reasonable investigation otherwise?
Like I mentioned earlier, the officer approached in his vehicle in a bit of a hostile rage. Absent any reasonable suspicion of crime other than me having no bike light and riding on the sidewalk, he was pissed from the get-go. He rambled about how others had spit on him, kicked him , threatened to kill him, you name it. He clearly was pissed off at civilians in general. And after being hostile and handcuffing me and throwing me into the cop car because of a "fake name", I did become agitated and borderline argumentative. I knew what not to say and when to stop, but I wasn't afraid to call the prick out for the idiocracy of the fake name ordeal and ensuing handcuffing. That is likely what led him to start the alcohol questions as further reason to detain. The mere fact that he had to call in backup-after I was cuffed and in the car- indicates to me he was some sort of rookie or trainee that lacked full authority to go any further with the matter. Thank goodness the backup arrived, as I was gone within 2 minutes...
 

skyway35

Junior Member
Not if it was safe to do so and the only way to catch the violator. Or, are you suggesting that as long as the offender keeps violating the law, the police should be unable to apprehend them? ... Please ...

(We also speed, blow lights, chase people through yards without warrants, and even take people down with force as it becomes necessary ... or, should we be limited to politely asking people to give themselves up and asking that they please not harm us in the process?)


If I am alone, I have a subject detained and he gives me what could be a false name, you BET he's going into handcuffs! If I don't know who I have and I am alone, I will take all necessary steps to insure my safety. When you make it your business to contact people in the dead of night, you can gamble with your life. I will not gamble with mine.

The only issue I see here that leaps out as being improper is the length of the detention. Once his identity was established (assuming it was a valid state ID that was presented), there was sufficient time to investigate any other possible crimes (such as the bicycle DUI), and there was time to run the requisite records checks and write the citations, he should have been released. If truly an hour, that sounds unreasonable. But, then, we don't know all the details.
Why, in God's name, would the only way to catch a "violator", whose crime is riding on a sidewalk without a light at night, would be to roar up the wrong side of a major highway in Los Angeles? Give me a break! It's not like he communicated in any way to me to stop or anything and I ran/biked away from him! It's not like he felt I was a suspect in some other crime (what I thought initially given the nature of the way he approached). He never said anything about searching for any suspects of other crimes when asked by me why I was detained. Look, I get it. You side with law enforcement on all of these matters. But, let's try to be reasonable here...
 

skyway35

Junior Member
You keep harping on the cop's "illegal" actions regarding pulling you over and parking and whatever -- he can park wherever and however he needs to park. Or wants to park. He can cross 3 lanes to come and pull you over. He has the right, given him by the state, to get his job done. You have the privilege of riding your bike, and have some rules to follow while riding.

Your childishness is showing, and it's both unattractive and illogical.
I did not attempt to renew the discussion on the legality of his illegal actions. Just pointing out the fact of where we were...
 

tranquility

Senior Member
Like I mentioned earlier, the officer approached in his vehicle in a bit of a hostile rage. Absent any reasonable suspicion of crime other than me having no bike light and riding on the sidewalk, he was pissed from the get-go. He rambled about how others had spit on him, kicked him , threatened to kill him, you name it. He clearly was pissed off at civilians in general. And after being hostile and handcuffing me and throwing me into the cop car because of a "fake name", I did become agitated and borderline argumentative. I knew what not to say and when to stop, but I wasn't afraid to call the prick out for the idiocracy of the fake name ordeal and ensuing handcuffing. That is likely what led him to start the alcohol questions as further reason to detain. The mere fact that he had to call in backup-after I was cuffed and in the car- indicates to me he was some sort of rookie or trainee that lacked full authority to go any further with the matter. Thank goodness the backup arrived, as I was gone within 2 minutes...
The officer's intent is irrelevant to the 4th amendment question. He did not have a reasonable suspicion, but probable cause of you committing a public offense. He could have arrested you and taken you to jail. If you had ID (which you did), or provided a fingerprint (because this was an infraction I believe), STATE statutes would prevent him from taking you to jail.
 

skyway35

Junior Member
The officer's intent is irrelevant to the 4th amendment question. He did not have a reasonable suspicion, but probable cause of you committing a public offense. He could have arrested you and taken you to jail. If you had ID (which you did), or provided a fingerprint (because this was an infraction I believe), STATE statutes would prevent him from taking you to jail.
That this happened as it did is a sad commentary on the state of law enforcement officers and their relationships with civilians. Maybe it was all technically within what is allowed by the law. But it's still rather sad regardless. No, not sad just for me. I'm not asking for sympathy as some who are associated with LE here have suggested. It's just sad for society in general. Police should protect civilians from crime. In the case of petty crime where there is no victim, perhaps issuing a citation is appropriate. But, doing to me what the officer did-and police doing much worse than that to so many other people who "look like criminals"- is just plain sad. You've got a guy on a bike without a light riding on the sidewalk who gets pulled over in a hostile matter, is asked his name and DOB, correctly provides it, and suddenly, without a word, is approached by an angry officer who orders hands behind his back, physically forces him into a police car and chews him out for giving a fake name. Is that what it's come to? Sad...
 

skyway35

Junior Member
And, with regard to the "fake name" thing, it should be noted the "officer" was in such a pissed off, frantic mood when he approached me and demanded my name, he did not even bother to ask me to spell my name. It's possible he could have had one letter or something wrong and that threw it off. Rather than asking me to clarify the spelling, he immediately hops out and cuffs me :rolleyes:
 

skyway35

Junior Member
Riding a bike is more than privilege. As the right to free movement exists, and there is no licensing requirement to operate a bicycle, calling it a privilege is just wrong.
Why do I get the impression that, if I raised issue with having to urinate the entire time I was in custody, the above poster would say urinating is a privilege? LMAO
 

CdwJava

Senior Member
Like I mentioned earlier, the officer approached in his vehicle in a bit of a hostile rage. Absent any reasonable suspicion of crime other than me having no bike light and riding on the sidewalk, he was pissed from the get-go.
Bad form, but not unlawful.

Oh, and all he needed was ANY reasonable suspicion in order to affect a detention, and he had that. It doesn't matter that the RS was a traffic infraction - it existed and justified the initial detention.

He rambled about how others had spit on him, kicked him , threatened to kill him, you name it. He clearly was pissed off at civilians in general.
Sounds like an attitude issue that should be reported to his supervisors.

And after being hostile and handcuffing me and throwing me into the cop car because of a "fake name", I did become agitated and borderline argumentative.
And that will likely cast doubt on any complaint you might file. But, if his attitude was as bad as you say, a complaint might be in order. If he has had prior complaints, the agency can act on it. If no one says anything, then it never happened.

But, as a note, if I ran your name and got no hit, and I was by myself on a stop in the middle of the night, I'd likely handcuff you as well - and probably place you in my car while I sorted things out. I can't say I WOULD do those things, but it is a common safety practice in places where backup is not readily available or yet on scene.
 

CdwJava

Senior Member
Why, in God's name, would the only way to catch a "violator", whose crime is riding on a sidewalk without a light at night, would be to roar up the wrong side of a major highway in Los Angeles? Give me a break!
Because, by the time he proceeded to the next intersection, signaled, made a lawful U-Turn and approached you from the correct side of the road you would be gone. Unless, of course, you knew you were in the wrong and fully intended to wait for him and were willing to communicate your acquiescence to him. But, since many people riding bikes late at night are up to something less than recreation, that is not a common occurrence and we move to intercept as soon as practical and safe to do so.
 

skyway35

Junior Member
Because, by the time he proceeded to the next intersection, signaled, made a lawful U-Turn and approached you from the correct side of the road you would be gone. Unless, of course, you knew you were in the wrong and fully intended to wait for him and were willing to communicate your acquiescence to him. But, since many people riding bikes late at night are up to something less than recreation, that is not a common occurrence and we move to intercept as soon as practical and safe to do so.
Gotcha....
 

CdwJava

Senior Member
Gotcha....
Yes, he did, didn't he. :cool:

And, yes, I AM an officer ... been one for a long time. Sometimes I've had to do dangerous things to apprehend people. Will I cross heavy traffic to stop an infraction? Nope. But, at night, with little or no traffic and it can be done safely, I will. I have also chased suspects over fences, through yards, and into houses. I've been shot at, bit, spat on, kicked, punched, sprayed, and had someone swing a boat chain at me - most after the suspect had been asked politely to give up, and some after being detained for otherwise innocuous things.

So, yes, sometimes we do nab people and put them in cuffs. The bottom line is this: I'm going home at the end of the night. Provided the actions are legal and within policy, I really don't care a whole lot if someone's feathers are ruffled. If I am out of line, I'll take my lumps. If the officer you dealt with was out of line, complain. If you choose not to complain, that's your bad because if he is an officer ill-suited for the temperament of policework, no one will ever know until it's too late.

Now, have you added the proper light and reflectors to your bike? Maybe by doing this you will be able to convince the judge or commissioner that you have learned the error of your ways and he or she might be convinced to dismiss the matter.
 
I was detained once for an hour for pulling someone out of the ditch and again for 45 minutes for knocking on the wrong door. Ive become accustomed to long detentions.
 

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