Originally Posted by
myrridin
The article doesn't provide enough information, but if I had to guess, the cyclists didn't have or wouldn't provide ID. In that situation police can impound the bike (or car) to insure the person shows up for their court date, they can even arrest the person to insure that they attend court. The same would apply to a driver; however, since they are required by law to have an ID, failure to provide is usually met with arrest and potentially impounding the vehicle as well.
While the police do not arrest for all criminal violations, they can. And if they have a reason to believe that an individual will not deal with the violation through normal channels (such as when the individual refuses to identify themselves) they do have other recourse as exemplified by the article.
Is that the way it is in cali? My undetstanding my my local laws and procedures was that they could detain you until you can be identified, and if they can't prove who you are, can arrest you until they do. An ID would suffice, but you should be able to give them your name and address and such and prove who you are. Everyone in this country should be traceable, wether its a social security number, driver license, non driver id, or even immigration paperwork.
While I don't doubt police can arrest anyone for criminal violations, can a police office arrest for a non-criminal traffic violations? The way I hear this play out is that a person gets pulled over, maybe ticketed, ordered not to do the illegal thing, and if they do it again, get arrested for not obeying a police order.
Finally, how is it legal to conficate a bike, seems like they're skirting a fine line butting against the fifth amendment porhibition against taking someone's property without due process.