Tag Archive for illegal searches

Morning Links: Court rules police can’t search your belongings on traffic stops, ‘tis the season, and sex before racing

Welcome to Day 7 of the 2nd Annual BikinginLA Holiday Fund Drive! Donate today, and help keep SoCal’s best source for bike news and advocacy coming your way every day.

Keep SoCal’s best bike news coming your way every day. Give to the 2nd Annual BikinginLA Holiday Fund Drive today!

The California Supreme Court has just affirmed your right not to be searched by police in a simple traffic stop.

In a case involving a man on a bicycle, Torrance police stopped the man after he rolled through a stop sign, and found evidence of child pornography after searching his phone.

But the court ruled that police can’t conduct a search following a traffic stop unless there’s probable cause that an actual crime had been committed.

In other words, unless there’s reason to believe you just robbed a liquor store or whacked a road raging driver with your water bottle, police don’t have the right to search you, your bike or your belongings without your permission. And especially not to rifle through all the personal data stored on your phone.

Even if it means letting a bike-riding scumbag off the hook.

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‘Tis the season.

The San Diego Chargers pick up the tab for 150 new bicycles for elementary school kids.

And a Florida TV station collects 863 bicycles for children as part of its annual Bikes or Bust event.

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Eighty cyclists competed in Peru’s most extreme bike race, the three day, poetically named Challenge of the Condor through the country’s desert.

Thirteen men’s and four women’s teams competed in a ten day stage race to celebrate Ethiopia’s Nations, Nationalities and Peoples Day.

Then there’s the breathtaking world of artistic cycling, described as a cross between gymnastics and fixies.

And new studies conclude that there’s no evidence having sex the night before a race will negatively impact performance, and may actually help by relieving pain, especially for women cyclists. No, they aren’t looking for volunteers.

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Local

Metro appears to have abandoned the Westside and South LA when it comes to new bikeshare locations.

Twenty bicyclists took part in the first Elysian Valley Slow Roll on the LA River bike path over the weekend to call for better safety and consideration for pedestrians on the shared use path.

Richard Risemberg calls on everyone fighting for better safety on North Figueroa to attend Thursday’s meeting with the LACBC’s Tamika Butler to discuss bicycling issues in Northeast LA. Although he seems to have forgotten that quite a few people have been working to keep North Fig from being forgotten.

A bike rider was uninjured when a suspected DUI driver struck the back wheel of his bicycle while fleeing from police in Van Nuys Tuesday night.

Bike SGV is hosting a free City Cycling Class this Saturday to help you learn the rules of the road and get more comfortable riding on city streets.

Hawthorne police will step up bicycle and pedestrian safety enforcement on Thursday. You know the drill; for one day at least, ride to the letter of the law within the city limits to ensure you’re not the one ticketed.

A 41-year old transient pled guilty to riding his bicycle up to a AAA mechanic as he changed a car battery in Pico Rivera, stabbing him for no apparent reason, then calmly riding away.

Kylie Jenner may or may not actually be one of us, but that lowrider bike is seriously cool.

 

State

The San Diego Union-Tribune looks at the start of construction on a new segment of what will eventually be the city’s 24-mile Bayshore Bikeway.

Residents of San Diego’s City Heights complain that a planned bikeway is just a conduit to funnel riders through their neighborhood, and that parking spaces must be kept because no one would actually ride a bike to the market. Unlike the experience in, say, virtually every other city.

San Diego’s 2nd annual Recovery Ride will roll next month to benefit drug and alcohol recovery and HIV/AIDS prevention and treatment programs.

A San Francisco writer asks if he was in the wrong to walk facing traffic on a Berkeley bike path. Short answer, yes; both cyclists and pedestrians should stay to the right in the direction they’re going, except to pass.

 

National

Your new winter bike gloves could have built-in turn signals.

Now that’s more like it. An Oregon man faces charges including felony assault, DUI and reckless endangerment for severely injuring a passing bike rider when he crashed into a power pole, knocking the lines down onto the woman.

A Portland university receives a five-year, $15 million grant to find ways cities can redesign their streets to make bicycle transportation more accessible and integrate bicycle transportation into a smart city framework.

After doubling in size last year, the Des Moines, Iowa bikeshare system is looking to double again.

The Chicago Reader says it’s time to stop blaming pedestrians and cyclists, and hold drivers accountable when they kill someone.

The New Orleans paper talks with the founder of the city’s bike co-op, whose goal is to make it possible for anyone who needs a bike to have one.

 

International

Bike Radar offers tips on winter riding. All of which actually apply here in LA, for a change.

A writer in the UK describes what it’s like to not remember who he is after suffering a traumatic brain injury when someone backed a van into his bicycle without looking.

British police stop 50 bicyclists riding without lights on one road in a single night.

Brit TV presenter Guy Martin will attempt to ride 4,802 miles around the British coast in just 20 days, an average of 240 miles a day.

A Welsh track cycling champ had her $7,600 Cervelo P3 stolen from her car after she left it there overnight.

Amsterdam is trying, so far without success, to ban beer bikes in the city center.

Bicycling Magazine talks with Shannon Galpin, who tells you how to fight the good fight based on her experience working for women’s rights in Afghanistan.

Sydney, Australia bicyclists will get a new ramp leading up to the Harbour Bridge in four years, replacing the 55 steps they currently have to trudge up with their bikes.

 

Finally…

Now you, too, can enjoy all the fun of the hour record on your ride to work. No, they’re not actually cycling across the sea unless the pedals somehow power the boat.

And no, valet parking a bicycle is not the most LA thing ever.

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A special thanks to Mike Wilkinson for his generous contribution to the BikinginLA Holiday Fund Drive. Your contributions will help fund this site for the next year.

 

This is why cyclists need to vote

Let’s go back in time a bit.

Back in the dark ages, when dinosaurs roamed the earth and I was still in high school, I edited the school newspaper.

One day, our staff photographer noticed a police officer approach a car stopped in front of the school and begin to search of the vehicle, without permission or probable cause. So he grabbed his camera, ran outside and started taking photos.

The officer, no doubt aware of the illegality of the search, threatened to arrest him and confiscate his film. So he put the camera way and slunk back to class as the officer continued his fruitless search.

But rabble-rouser that I was, even at such a tender age, I was damned if that would be the end of it.

The next day, I placed a phone call the state headquarters of the ACLU. And soon we were represented, pro bono, by a lawyer who leapt at the chance to protect our 1st Amendment rights.

The result was a written statement from the chief of police apologizing for the officers actions. He went on to add that even student journalists were legitimate members of the press and had every right to take photos of the officer’s actions; and further, that since it had taken place in plain view on a public street, anyone with a camera had a 1st Amendment right to do so.

In other words, we won.

Now fast forward a few decades.

A fellow blogger and friend crosses the street to take photos of a police officer conducting what was probably an illegal search of a cyclist, and finds himself handcuffed and eventually ticketed for a moving violation — even though he was on foot and crossing in the crosswalk, with the light.

It happened during Saturday’s C.R.A.N.K. MOB event, when the citizenry of Hollywood panicked upon being invaded by a horde of bicyclists, and the police responded in force.

Now, I’m not a fan of these rolling raves.

While I’m a whole-hearted supporter of the right to ride, even in large, semi-spontaneous groups, I believe we need to be considerate of other people — whether that means maintaining a reasonable level of sobriety, keeping the noise level down so residents can sleep, or allowing drivers to get where they are going without undue interference.

Because when you ride with no consideration for the rights of other users of the road — in other words, exactly the way too many drivers do — you become the problem, not the solution.

As Los Angeles Cyclist put it:

…Unfortunately, I was in the back half of the group, so by the time we got toward the Ralph’s which was our destination, someone who had arrived earlier had apparently decided not to pay for his items, and caused the police to be dispatched. (Apparently one of the ride organizers helped apprehend the thief. WELL DONE SIR.)

Lots of police were dispatched.

Who, by strategically blocking intersections directed the group out of West Hollywood and up toward actual Hollywood.

Then we headed East on Hollywood Blvd., which was pretty much a total fiasco.

Poorly corked/run intersections, irate motorists, cyclists not used to riding in groups, made for a BIG mess. I tried to time the intersections so I entered them on a green light, but with a group of close to 1,000 cyclists, some of the motorists were getting impatient, especially if they’d waited through the previous few lights and were trying to make a left turn.

So the police may have had good reason to break up the ride. Unfortunately, a few seem to have crossed the line, by breaking the law in order to enforce it.

LA Cyclist goes on to describe a young woman who was intentionally doored by an officer, in a highly questionable use of force. If a civilian hit a cyclist with his door in such a manner, he could be charged with a felony; yet an officer used exactly the same dangerous technique to apprehend a scofflaw for the heinous crime of failing to stop quickly enough after running a red light.

That same officer, evidently feeling a need to protect homeland security from the dangers of two-wheeled citizens, wanted to know if the cyclists patiently waiting to be ticketed were anarchists. No, seriously.

Meanwhile, Alex spent 20 minutes in handcuffs because a police officer claimed he crossed the intersection while the red hand was flashing — not because he was attempting to take photos of the officer while he searched a cyclist after a minor traffic stop, something that would be illegal if done to a motorist. This despite the fact that the courts have held that bloggers have the same 1st Amendment rights as any member of the mainstream press.

And the other cyclist was ticketed for an offense that both the city council and chief of police have agreed should not be enforced.

As Zach Behrens points out on LAist, the use of cuffs is at an officer’s discretion. Yet it can hardly be argued that any officer should feel threatened by a camera, or the person using it.

Or as Damien Newton put it:

Handcuffing someone for not having a bike license?  For crossing the street against a flashing red hand?  What country am I living in?