Cycling and bicycle discussion forums. 
   Click here to join our community Log in to access your Control Panel  


Go Back   > >

Advocacy & Safety Cyclists should expect and demand safe accommodation on every public road, just as do all other users. Discuss your bicycle advocacy and safety concerns here.

User Tag List

Reply
 
Thread Tools Search this Thread
Old 08-16-05, 10:31 AM   #1
Crazy Cyclist
Senior Member
Thread Starter
 
Join Date: Jan 2002
Location: Winnipeg, Canada
Bikes:
Posts: 841
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
If you catch someone trying to steal your bike- what are your rights?

If I caught someone stealing my bike, I would introduce his face to the pavement.
Crazy Cyclist is offline   Reply With Quote
Old 08-16-05, 11:19 AM   #2
InfamousG
My Alphabit's say "Oooo"
 
InfamousG's Avatar
 
Join Date: Aug 2005
Location: Biddeford, ME
Bikes: Trek 4100 MTB
Posts: 743
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
If you're going to commit an act of violence, be very prepared to prove that the bike is yours. If you're beating the hell out of someone, the thief could easily say to the cop who rolls up that you are beating him up to steal HIS bike.

Know the serial number of your bike, put some kind of identifying mark(s) somewhere hidden (such as a floppy disk label attached to the bottom of your saddle with your name on it).

You have the right to protect your property, and most cops will agree with your means, but a judge may not
InfamousG is offline   Reply With Quote
Old 08-16-05, 11:26 AM   #3
Da Tinker
Can't ride enough!
 
Da Tinker's Avatar
 
Join Date: Aug 2002
Location: south Louisiana
Bikes: IFab Crown Jewel, Giant Defy, Hardtail MTB, Fuji finest, Bianchi FG conversion
Posts: 1,235
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
A business card inside the handlebars is one of my favorite tricks. Easy to get at.

My ancestors hung horse thieves when they caught 'em. Morally, a bike thief is on the same level, so how about the same punishment?

'GET A ROPE!
Da Tinker is offline   Reply With Quote
Old 08-16-05, 11:33 AM   #4
konageezer
Gravel for Breakfast
 
Join Date: Apr 2005
Location: Inside my scabs
Bikes: Jake
Posts: 1,486
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
Okay, here's exactly what you need—an uninformed opinion from someone with no legal training or experience. I think you ceertainly have the right to stop the theft, but you'd be taking a big risk if you perpetrated an act of violence beyond what may be required to retrieve your bike. If you give this (alleged) slimeball a buttkicking to "teach him a lesson," I can see all manner of legal consequences.

I seem to remember a case—in America, where they're even more tolerant of this kind of thing—of some people who caught a burglar in their home. They did him up a treat, including a few fairly consequential whacks on the hip and leg with a baseball bat after he had been subdued, and oddly enough, they videotaped the encounter. You guessed it—they were up on much more serious charges than the burglar.
konageezer is offline   Reply With Quote
Old 08-16-05, 12:42 PM   #5
Trevor98
Senior Member
 
Trevor98's Avatar
 
Join Date: Apr 2004
Location: Virginia Beach
Bikes:
Posts: 1,038
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
Um, I think that if there was evidence that he was indeed trying to steal your bike (tools, witnesses, etc) and you detained him by pinning him rapidly to the ground until police could be summoned then I don't think any DA would prosecute you. Even if what you did was not legal would a jury really convict you or applaud you?

I like the horse thief analogy.
Trevor98 is offline   Reply With Quote
Old 08-16-05, 12:57 PM   #6
Kyle90
Senior Member
 
Join Date: Jul 2005
Bikes:
Posts: 251
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
Grab'em.. and beat'em into submission. I don't believe I should be nice to a crook, they should be tied to a stump in the swamp and let the creatures take care of'em.

Oh, and if a crook breaks in your home.. You have every right to shoot on sight. Why wait 30 minutes for the cops to show up and you could be the one in a boyd bag? Yeah.. I'd rather shoot on sight.
Kyle90 is offline   Reply With Quote
Old 08-16-05, 01:19 PM   #7
Roody
Sophomoric Member
 
Roody's Avatar
 
Join Date: Jan 2005
Location: Dancing in Lansing
Bikes:
Posts: 23,530
Mentioned: 2 Post(s)
Tagged: 0 Thread(s)
Quoted: 125 Post(s)
kyle90 might want to check state laws before he catches someone in his house. In most states his actions would get him charged with manslaughter unless he reasonably believed his life to be in danger. Texas and a couple other states might be more lenient.

If I caught someone stealing my bike, I would approach them in my butchest manner and demand they unhand it. I bet they would too. If they didn't, I'd grab the bike from them. If they fought back, I would defend myself the best I could with no worries if I damaged them. In my mind that would be the moral thing to do, and I believe the law would back me up.

Always keep your bike locked. Before you fight for it, make sure it is your bike. I heard about somebody who shot a guy stealing his car, only to find out it wasn't his car--just the same model and color. OOPS!
Roody is offline   Reply With Quote
Old 08-16-05, 01:35 PM   #8
oboeguy
34x25 FTW!
 
oboeguy's Avatar
 
Join Date: Sep 2004
Location: NYC
Bikes: Kona Jake, Scott CR1, Dahon SpeedPro
Posts: 6,013
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
You guys need to watch "Beijing Bicycle". Don't want to spoil it, so let's just say it's relevant (and a good movie).

Don't know what I'd do if I saw someone lifting my bike. Seeing as I haven't left a bike outside since I moved back to NYC it hasn't been relevant for a loooong time. I'd be careful about administering a beatdown, at least in the sUeSA.
oboeguy is offline   Reply With Quote
Old 08-16-05, 02:31 PM   #9
recursive
Geosynchronous Falconeer
 
recursive's Avatar
 
Join Date: Sep 2004
Location: Sacramento, CA
Bikes: 2006 Raleigh Rush Hour, Campy Habanero Team Ti, Soma Double Cross
Posts: 6,312
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
Quote:
Originally Posted by oboeguy
Seeing as I haven't left a bike outside since I moved back to NYC it hasn't been relevant for a loooong time.
You might want to double check that. I've had a bike stolen from inside my house.
__________________
Bring the pain.
recursive is offline   Reply With Quote
Old 08-16-05, 02:37 PM   #10
KristenGilbert
Senior Member
 
KristenGilbert's Avatar
 
Join Date: Oct 2004
Location: Berkeley, CA
Bikes: Avanlanche 2.0 GT 2005-My second
Posts: 113
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
Quote:
Originally Posted by oboeguy
You guys need to watch "Beijing Bicycle". Don't want to spoil it, so let's just say it's relevant (and a good movie).
Thanks for the movie recommendation.
KristenGilbert is offline   Reply With Quote
Old 08-16-05, 02:38 PM   #11
oboeguy
34x25 FTW!
 
oboeguy's Avatar
 
Join Date: Sep 2004
Location: NYC
Bikes: Kona Jake, Scott CR1, Dahon SpeedPro
Posts: 6,013
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
Quote:
Originally Posted by recursive
You might want to double check that. I've had a bike stolen from inside my house.


That's low, dude. Your house is robbed and they take your bike. Did they shoot your dog too?
oboeguy is offline   Reply With Quote
Old 08-16-05, 02:39 PM   #12
dynaryder
PatronSaintOfDiscBrakes
 
dynaryder's Avatar
 
Join Date: Apr 2005
Location: BicycleSPACE warehouse in SW Washington DC
Bikes:
Posts: 6,983
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 2 Post(s)
IANAL,but you should be ok for wrestling him to the ground and holding him until the cops arrive. It depends on your state's idea of a citizen's arrest.

http://www.constitution.org/grossack/arrest.htm
__________________

C'dale BBU('05 and '09)/Super Six/Hooligan8and 3,Kona Dew Deluxe,Novara Buzz/Safari,Surly Big Dummy,Marin Pt Reyes,Giant Defy 1,Schwinn DBX SuperSport,Dahon Speed Pro TT,Brompton S6L/S2E-X
dynaryder is offline   Reply With Quote
Old 08-16-05, 02:45 PM   #13
fatdogvinn
Senior Member
 
Join Date: Jul 2005
Bikes:
Posts: 96
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
I think that shouting out LOUD something like "leave my bike alone you (add some nice adjective here)" should be enough to see the thief break the 100m record.
Of course I´m big, fat, ugly and mean looking (allthough I´m not mean at all )...

On the other hand, I had a roommate in this situation, and when he yelled, the thief tried to pull out a knife, so a fast kick in the chest of the scumbag and a few others kicks while he was on the floor did the trick.

This might sound violent, but even though around here is not very likely to have anyone pull a gun out, and the knife was just probably not going to be used for anything more than scare my friend to have an easy getaway, I wouldn´t want to wait and find out.
fatdogvinn is offline   Reply With Quote
Old 08-16-05, 02:46 PM   #14
recursive
Geosynchronous Falconeer
 
recursive's Avatar
 
Join Date: Sep 2004
Location: Sacramento, CA
Bikes: 2006 Raleigh Rush Hour, Campy Habanero Team Ti, Soma Double Cross
Posts: 6,312
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
Quote:
Originally Posted by oboeguy


That's low, dude. Your house is robbed and they take your bike. Did they shoot your dog too?
No, but they did get a pair of shoes and an answering machine.

Pretty much random I think.
__________________
Bring the pain.
recursive is offline   Reply With Quote
Old 08-16-05, 02:50 PM   #15
phinney
Senior Member
 
phinney's Avatar
 
Join Date: Aug 2004
Location: West Michigan
Bikes: Schwinn Rocket 88, Schwinn Fastback, Cannondale Road Tandem, GT Timberline rigid steel mtb
Posts: 748
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
Better to beat them good and let them run off to suffer than to hold them for the police. The law isn't going to do anything significant about an attempted bicycle theft. Slamming their face into the concrete won't be fatal but they will remember it for a long time.
phinney is offline   Reply With Quote
Old 08-16-05, 02:52 PM   #16
webist
Huachuca Rider
 
webist's Avatar
 
Join Date: Jun 2002
Location: Charlotte, NC
Bikes: Fuji CCR1, Specialized Roubaix
Posts: 4,275
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
Aim your cell phone at him like you are taking his picture and yell BUSTED.
__________________
Just Peddlin' Around
webist is offline   Reply With Quote
Old 08-16-05, 03:24 PM   #17
FLBandit
Senior Member
 
FLBandit's Avatar
 
Join Date: Aug 2004
Bikes:
Posts: 998
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
Quote:
Originally Posted by oboeguy


That's low, dude. Your house is robbed and they take your bike. Did they shoot your dog too?

I had someone steal a kitten once. That was pretty low.
FLBandit is offline   Reply With Quote
Old 08-16-05, 03:36 PM   #18
alanbikehouston
Senior Member
 
Join Date: Oct 2004
Bikes:
Posts: 5,250
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
In Texas, the law says that if you catch someone in the act of stealing your property, kill them. Every month or so, the Houston paper will have a story about some 12 year old kid who is stealing a hubcap. The owner of the car comes out of the house, and puts a bullet into the kid's head. Perfectly legal.

The rules in "civilized" portions of Planet Earth may differ substantially from the rules in Texas.
alanbikehouston is offline   Reply With Quote
Old 08-16-05, 03:49 PM   #19
richardmasoner
Fritz M
 
richardmasoner's Avatar
 
Join Date: Mar 2005
Location: California
Bikes: Trek, Spesh, GT, Centurion
Posts: 960
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
Quote:
Originally Posted by webist
Aim your cell phone at him like you are taking his picture and yell BUSTED.
Oh yeah, that'll stop him.
richardmasoner is offline   Reply With Quote
Old 08-16-05, 03:51 PM   #20
Patriot
Faith-Vigilance-Service
 
Patriot's Avatar
 
Join Date: Jul 2004
Location: Port Orchard, WA
Bikes: Trinity, Paradisus, Centurion, Mongoose, Trek
Posts: 8,330
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
Use of deadly force is AUTHORIZED.

I hate theives.
__________________
President, OCP
--"Will you have some tea... at the theatre with me?"--
Patriot is offline   Reply With Quote
Old 08-16-05, 04:27 PM   #21
Big Tommy C
Senior Member
 
Join Date: Jul 2005
Bikes:
Posts: 171
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
Most places in the US do not allow the use of deadly force (which is often interpreted as any physical violence) in order to protect property.

The difference in shooting someone for braking into your house and someone breaking into your car is that you are not expected to retreat from your house.

When there's someone inside my house prowling around with no permission, I'm not going to wait until he rapes my daughter before I know if he's just there to steal.

KY law about deadly force has some fun things, like if you see someone breaking into your shed and stealing a lawmower, there's nothing you can do about it. If you see someone setting fire to your shed, you are within your rights to shoot them (the fire could spread to nearby houses). Also, if anyone is in the process of forcing entry to your home, they fall under the same rule.

Anyway, back to the original point...few places that I know of allow you to defend property with deadly force, with the exception of a shop owner defending his inventory / cash drawer.
Big Tommy C is offline   Reply With Quote
Old 08-16-05, 07:26 PM   #22
Hill Climber
Senior Member
 
Hill Climber's Avatar
 
Join Date: Jul 2005
Bikes:
Posts: 270
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
God Bless Texas, and you're welcome for Davy Crockett.

I always find these topics funny as to the difference of opinion between what states people are from. Even if they don't say, you can pretty much tell what area of the country (or outside the US) guys reside.
In the Tenn., you can shoot someone if they're inside your home. I've even been told by people in the know, if you shoot someone in your yard, make sure you drag them inside and shoot them a second time so there is blood on the walls!
As far as beating the crap out of some guy for attempting to steal your bike/car/whatever, unless you cripple the guy or something, the cops aren't going to do anything to you.
Hill Climber is offline   Reply With Quote
Old 08-16-05, 07:33 PM   #23
skookum
cyclotourist
 
Join Date: Jul 2002
Location: calgary, canada
Bikes:
Posts: 575
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
So in the Excited States you can shoot somebody for stealing your bicycle?
Lord knows, if somebody stole my Atlantis, I would want to shoot them. Its not right though. You don't killl people for theft.

A friend of mine who is an ex-football player and mountain bike racer had his favourite bike stolen. Some weeks later he was walking downtown with his wife, and he saw a courier on his bike. He tackled the guy and sat on him while his wife phoned the cops. The police found that the thief had an outstanding drug warrant, so they took him away and let Chris keep his bike.

I figure you could just tackle any old courier and get his bike that way.
skookum is offline   Reply With Quote
Old 08-16-05, 07:59 PM   #24
DieselDan
Senior Member
 
DieselDan's Avatar
 
Join Date: Mar 2003
Location: Beaufort, South Carolina, USA and surrounding islands.
Bikes: Cannondale R500, Motobecane Messenger
Posts: 8,521
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
Old common law you can use lethal force to stop a criminal while he/she is committing the crime.

I knocked the bejesus out of the one punk I caught, and I'll do it to the next one I catch.
DieselDan is offline   Reply With Quote
Old 08-16-05, 09:54 PM   #25
eubi
No Rocket Surgeon
 
eubi's Avatar
 
Join Date: Jan 2005
Location: Corona and S. El Monte, CA
Bikes: Cannondale D600, Dahon Speed T7
Posts: 1,648
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
If it's a well used bike rack, just be darn sure he's taking your bike.

You'll feel pretty bad if you beat the tar out of someone taking his own bike...that just looked like yours.

But you'll have time to think about it...
eubi is offline   Reply With Quote
Reply


Thread Tools Search this Thread
Search this Thread:

Advanced Search

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off



All times are GMT -6. The time now is 11:03 PM.