I was out ridding this evening, a little past 3:30am when I was stopped by a police officer and questioned about what I was out doing riding at night. I was initially told I was stopped because I did not have lights on my bike, which I admit I am at fault for. Mine were recently stolen which happens around this town, frequently I might add.
The thing that bothered me the most, and you should be aware of, is that I was questioned about a recent string of robberies in the area, apparently the robbers are using bicycles as transportation. When my information passed, he realized I wasn't a threat, and there were no warrants out for me the officer said he would let me off with a warning, but first I needed to be photographed along with my bicycle in case I came up as a suspect (or more so that's what he alluded to). This made me super uncomfortable as I'm not even sure whether that is legal. I told him I thought it seemed like a violation of my rights and I wouldn't be ok with him photographing me.
His response was, "then we can do it the hard way," which involved a ticket, over an hour of my time, and him inviting two other officers out to I.D. me, in case I turn out to be some type of serial burglar. I feel in some way like there is a violation of rights for being stopped for a robbery based upon my method of commuting. I am generally pretty cordial when dealing with officers of the law and was told I was being difficult, and my guess is because I wasn't ok with being documented in photograph. The gentlemen I encountered was not very pleasant and seemed like he was waiting for me to make a mistake or say the wrong thing
The messed up thing is this happened to one of the nicest and non confrontational people I know in this town, Antimo. If you live / ride in Winter Park be careful and most importantly, know your rights!
IBOT Thread here.
ACLU Know Your Rights: What to Do If You're Stopped by the Police
10 comments:
this is terrible.
once he checked out, whyd they have to take a picture of him?
im beginning to dislike cops more and more.
so in the end, was it a violation of rights to take a picture of him and his bike?
I'm no constitutional scholar but according to what the ACLU says, you are not required to let them take photograph of you if they are not charging you with a crime...
Gus you are correct! I recently attended an ACULA meeting at the library down town and that was stated in one of the discussions. I also have documentation stating my rights as a cyclist and pedestrian. The police are not allowed to photograph you unless you are being charged. I wouldn't of allowed them to take my photograph, but that's me. I would've taken the ticket then made a complaint shortly after. I have dealt with similar situations in the past. Antimo my hats off to you. You have a lot of patience.
Luke had this situation not to long ago, they took his photo.
Perhaps by "make this difficult" the cop was just implying he'd write him up for failure to have lights.
There are decent lights out there that attach without tools and can be easily taken with you if theft is a problem.
Talk about intimidation tactics! Yikes! Perhaps a visit by 200 people on bicycles, asking to speak to the Chief of Winter Park Police might show that bicyclists will NOT be intimidated like this! Local news could be advised, so this is covered. Sounds like the WP community needs awareness of this type of action, & would not likely be very happy about it. And that yes, there ARE thiefs on bicycles & THOSE thiefs are likely the ones that have stolen the bikes from those that soley use them as transportation!
'Nuff said!
Mighk wrote: "Perhaps by "make this difficult" the cop was just implying he'd write him up for failure to have lights."
I doubt that what he meant but for the sake of the discussion lets say he did. Why should Antimo waive his rights just to get out of a ticket for not having lights? To me this almost comes across as extortion and if its illegal for the mafia to do this, it should be illegal for cops to do it as well...
The ironic thing about all of this is that last night Preston and I had to deal with two condescending OPD officers. We were at Howard just riding on the b-ball courts when two OPD officers showed up. When they engaged us, the male officer started the interaction with this question:
Do you go to school here?
Now taking one look at Preston and I, any individual with a basic IQ could tell we are way to old to be going to middle school. So, the question was not an honest one, but rather a provocation to get smart with him. Seriously, my initial thought was something extremely sarcastic in nature but having dealt with good and bad cops in my lifetime, I recognized this for what it was. I simply answered no and at this point the OPD officer (whose name I still happen to have) went on to inform me in the most condescending manner that we were trespassing; which is a punishable misdemeanor charge he can arrest us for. The female police officer then began to talk to us the in the same way a mother nags her child. She also threatened us with arrest if we didn't comply. We had said all of 4 words, never once treating them with the same contempt they where showing us and immediately threats of arrest started to fly. Two grown men who where minding their own business and here we are being talked to like fucking 14 year olds. The situation ended because we refused to play in to their little game and left the area...
Its interactions like these that erode public trust and create the tensions that exist between the public and the police dept. Never mind the philosophical points at play here, the entire interaction was meant to intimidate and elicit a reaction so they could prove a point (respect my authority). I personally found it offensive they would approach me in this manner considering I had done nothing to elicit this behavior on their part. Again, how does this display of insecurity actually serve the public good?
The funny thing is last time I was kicked out of a parking lot by OPD, the two officers who approached Frazer and I acted very professionally. Never once did they resort to intimidation nor condescension to do their job and for that I commend them. The fact it has become a crap shoot when dealing with law enforcement speaks very badly about the accountability these organizations practice...
Know your rights, don't let them blur the lines.
Gus,
That was exactly the issue at play. I avoided getting into the tactics in my post because I didn't want to start the whole ACAB debate again. It's the use of intimidation tactics towards people who haven't shown any signs or spoken words of hostility that creates such a level of distrust in such organizations.
and MighK,
He had every intention of letting me go with a warning until I began to ask him questions about his behavior, let him openly know his questions were making me uncomfortable,and why he was going to photograph me. Things that he admitted I had a write to say and voice, but that to approximate what he said kindly, he didn't like.
Your points are well-taken, guys.
I guess "Riding while fixed" is the new "Driving while black."
I understand what you mean but I'm not even about to equate what I experienced with the decades of contempt/abuse handed out by the cops to the African-American community.
Point taken though... :)
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