Whew!
Tucsonbikelawyer and his wonderful assistant Lauren have been kept quite busy these past few weeks defending and representing all you bike-riding scofflaws, misdemeanants, civil-infractors, and crash victims. We’ve been staying late every day and working on weekends, too. So would you all please try to ride a little more carefully in the future? Lauren and I are just about to have to start turning some of you away, and we don’t want to do that.
And one other thing, that I offer simply to avoid more work. When a police officer stops you for, say, riding your bike on the twelve-foot portion of sidewalk between the bike rack and the street (yes, this actually happened to a client of mine, and he got a ticket for it), and he then asks if he might look in your messenger bag, THE ANSWER IS NO. It does not matter that your messenger bag is entirely free of stolen loot, body parts, bags of heroin, and automatic weapons. It makes no difference at all that you are, other than your sidewalk-riding, a law-abiding citizen.
The police have no right to search your property simply because you got on your bicycle in a safe place (the sidewalk) instead of a dangerous place (the street). Or because you didn’t have a light on your bike. Or because you rolled through a stop sign.
Indeed, if the police truly have probable cause to search your bag, they will not ask your permission. They will just do it.
By waiving your right to be free of unwarranted searches (which is what you do when you offer the cop your bag or answer “yes” to his question of whether he can look in it) you are opening yourself up to all kinds of problems and almost certainly a lot more hassle as he rummages through it. Is the bag even yours? Are you absolutely sure your boyfriend/girlfriend didn’t toss a pot pipe in there? Are you sure the cop himself won’t toss a pot pipe in there? (It can happen.)
And why should he be looking through your stuff anyway? Do you think he would let you look through his stuff?
You have First, Fourth, Fifth, and Sixth Amendment rights for a reason, so exercise them for chrissakes! Don’t let them get rusty! Take your opportunity to practice using these rights (hopefully some more than others) while the cop is writing you up for your sidewalk violation.
Seriously: people died to give you these rights, starting well before the American Revolution, and certain Clarence Thomases and Samuel Alitos are working very hard to take them away from you. So do us all a favor and give these rights some exercise to keep them healthy.
And don’t ride your bike without a front light that is visible for 500 feet to the front and, at least, a rear reflector visible to the rear for 300 feet when illuminated by a motor vehicle head lamp.
–Erik Ryberg
October 16th, 2008 at 11:39 am
+1 on the whole “don’t surrender your rights” thing. It’s always appalling to read the “Police Beat” section of the Daily Wildcat for this very reason.
And we definitely want to hear about the outcome of that “riding from the bike rack to the street” case. Please let us know how that turns out.
October 16th, 2008 at 12:16 pm
A rare thing happened on that case: when we went to trial, the cop didn’t show. It appears the court forgot to notify him. So the judge let us go.
That doesn’t often happen.
EBR
October 16th, 2008 at 3:41 pm
It’s truly sad how the majority of people think that they are ‘doing the right thing’ by letting law enforcement trample their rights. Sure, the right thing – if you want to live in a police state.
As someone who moved to the States from Europe as a child, and grew up in a fairly activist environment, the ongoing struggle between those who believe in civil liberties and fight to keep them and those who believe in the infallibility of the state has always been quite apparent to me. It’s not something that’s taught in school here. No, really! Civics class and US history go over the Constitution, yet never discuss its practical application.
October 16th, 2008 at 8:53 pm
Thank you Erik! This is perhaps your most important post ever! The issue of not giving permission to search is something I have been preaching for a long time. It goes double for vehicle searches. Basically, the cops are asking you to waive your rights! WTF! Do not spoon feed the cops! And while we’re on the subject, do not tell them more information than necessary. Keep your answers short and to the point. Only answer what they are asking. Do not try to explain anything. These people are NOT your friends. Do not be confrontaional but do not spoon feed them evidence.
October 17th, 2008 at 12:08 pm
i am almost looking forward to the next time i get stopped, so i can say no mr/mrs cop, you cannot look in my bag. almost. not quite.
thanks for the very pertinent reminder erik.
October 17th, 2008 at 2:54 pm
“A rare thing happened on that case: when we went to trial, the cop didn’t show.”
Fortunate for your client, but that doesn’t offer those of us who routinely ride to and from racks on the sidewalk much to learn from. Other than of course that the Cop knew that the Judge would know that the ticket *wasn’t* the real reason for the stop.
October 17th, 2008 at 3:06 pm
This post brings up a queston. Why can infractions you get on your bike affect your mvd record when it is not a legal requirement to have a drivers licence to ride a bike?
October 17th, 2008 at 3:43 pm
Karlito– they can, but most Tucson City Court judges now (I like to think because of my constant harping on them) will decline to send your infraction on to MVD if you ask them. They have the power to do it and MVD will definitely take points off your license for a bike infraction, but they are not required to send the infraction on to MVD and usually a well-prepared argument for why they should not do so will succeed. Always has with me, anyway.
–EBR
October 17th, 2008 at 4:02 pm
Returning to the topic of search – wouldn’t a messenger bag, worn on your body and under your direct control, be subject to a Terry frisk anyway? Or is it considered the same as luggage? Could that be circumvented by removing the bag and hanging it on your bike out of easy reach during the stop? Is there any advantage to a model that locks, even if it’s mostly symbolic like a luggage padlock through a zipper-pull?
October 17th, 2008 at 7:03 pm
hey Erik, Do you really have to show them ID when I’m stopped By the cops while on my bike? Or can I use my AKA–Sammy Davis Junior –THX—Dean
October 18th, 2008 at 10:22 am
I don’t carry any ID when I’m on a ‘ride’ ride….
never show them the driver’s license for ID when
commuting or on errands. Never, never give them
your SSN. I just try to passively make it more
trouble than it’s worth. I feel bike tickets have
a low prestige value among officers anyway.
October 18th, 2008 at 7:33 pm
Dean– You don’t have to show them ID, but they can hold you for as long as it takes them to figure out who you are. And giving a false name is a criminal violation even if it’s an absurd name like “Mickey Mouse.”
Scott–You are giving me bad flashbacks from law school exam hypos. A Terry frisk should only be to the outside of your clothing, but if an officer suspects you may have a weapon he can go after anything within your “wingspan” if I recall correctly (which I might not). And it all changes inside a vehicle. I suppose the safest thing to do would be to set your bike down with your bag and move away from it while you get your ticket. But truthfully there is no good reason a cop should need to search your messenger bag while you are getting a ticket for riding on the sidewalk — that’s why they ask first. Just say no.
–EBR
October 19th, 2008 at 4:45 pm
Interesting thread Erik. Off topic?? I don’t think so. Seems to me that on a bicycle we are in a “gray area”–the cops don’t really know what the laws are (riding no-hands for example) and how they apply to cyclists. 99.99% of the time I have nothing to hide, but I would like to be informed and up to date about my rights as a citizen and cyclist, and like you said we have to exercise these rights in order to keep them alive.. Everyone in the cycling community needs to know these things. Thanks for posting this. Regards-and cheers-dg
October 19th, 2008 at 7:26 pm
Boy, is this a timely post, Erik. Here’s what just happened to me:
I rode my bike to the Tucson Blues Festival. This particular bike has a couple of rear panniers. When I arrived at the festival’s only entrance (an opening in a chain link fence, someone wearing a tee shirt from Something-or-the-other Mediation asked if he could search my bags.
I said no.
Reasons:
1. This man said he was looking for glass containers, which I did not have with me. I know from past experience that carrying such things on the bike is not a good idea. Ever had your bike tip over with some glass in the panniers? Is that ever a mess to clean up.
2. There were no signs posted saying that bags were subject to search, or that glass containers were prohibited on the Blues Festival grounds. In fact, no signs of any sort were posted.
I invoked the 1st, 4th, and 5th Amendment rights that Erik mentioned in his post and rode on in to the festival. While I was chatting with the folks at the KXCI booth, two cops approached, and they made it clear that it was time for me to leave, as the Blues Festival had exclusive rights to the area. Mind you, the area was part of Reid Park, which, IIRC, belongs to all of us.
Interestingly enough, the cops did NOT ask to search my bags. I guess the guy from Something-or-the-other Mediation, who had called TPD, had mentioned something about my citing the Bill of Rights.
Speaking of the Bill of Rights, here’s a quote from one of the framers of our Constitution:
They who can give up essential liberty to obtain a little temporary safety, deserve neither liberty nor safety.
– Benjamin Franklin