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-   -   Guy making fun of cyclist gets arrested (https://www.bikeforums.net/commuting/728047-guy-making-fun-cyclist-gets-arrested.html)

1nterceptor 04-15-11 09:56 PM

Guy making fun of cyclist gets arrested
 
Now I'm confused, is the NYPD against us or for us :innocent:


Sundance89 04-15-11 10:38 PM

Don't kid yourself. That had nothing to do with being "for" cyclists and everything to do with abuse of power. That was ridiculous.

531phile 04-15-11 10:44 PM

I feel so dirty after watching this. I have to take a shower now and wash my eyes with rubbing alcohol.

MilitantPotato 04-15-11 10:44 PM

What the hell. This will probably get moved to P&R? Freedom of speech must not mean much anymore.

Also, you're not required to show ID upon request unless you've broken a law (this might be dependent on state law.)

CliftonGK1 04-15-11 11:01 PM

I'm surprised they didn't go up into the building and arrest the guy doing the filming. Didn't NY (and a buncha other states) pass laws against filming the police while they're on duty?

terribad16 04-15-11 11:16 PM

That was one of the funniest videos I've seen in a long time. I feel bad for that guy getting arrested since all he made was a joke, but everything that was said was cracking me up... Great vid

Shimagnolo 04-15-11 11:45 PM


Originally Posted by CliftonGK1 (Post 12514172)
I'm surprised they didn't go up into the building and arrest the guy doing the filming. Didn't NY (and a buncha other states) pass laws against filming the police while they're on duty?

The video guy was a fool for announcing his presence.
Generally, cops misuse anti-wiretapping laws to punish people for filming them.

neotheone 04-15-11 11:46 PM


Originally Posted by CliftonGK1 (Post 12514172)
I'm surprised they didn't go up into the building and arrest the guy doing the filming. Didn't NY (and a buncha other states) pass laws against filming the police while they're on duty?

Yep. It's covered under an old Wiretapping law. Cops are pathetic now adays. The real charge should be "Embarassing an officer"

B. Carfree 04-15-11 11:50 PM


Originally Posted by 531phile (Post 12514138)
I feel so dirty after watching this. I have to take a shower now and wash my eyes with rubbing alcohol.

+ one-half. I actually did take a shower after watching this vid, but I'm passing on the rubbing alcohol.

bengreen79 04-16-11 12:01 AM


Originally Posted by CliftonGK1 (Post 12514172)
I'm surprised they didn't go up into the building and arrest the guy doing the filming. Didn't NY (and a buncha other states) pass laws against filming the police while they're on duty?

They should have arrested him for not turning his phone sideways and making me watch it in elevator-vision.

nashcommguy 04-16-11 12:12 AM

Made me sick to my stomach. Had a similar situation in my youth where a beat cop tried to confiscate my bike. Abuse of power is right on the money.

That being said the pedestrian w/t comments should've just kept on walking w/o saying a word to the cyclist. Cyclist had been stopped by the cops. He and they were in conversation and pedestrian dude kept interrupting to get in the last dig. That distracted the situation and he was interferring w/a legal process as ridiculous as it all looks. The cop was correct in going after the guy to isssue a summons. The mistake the guy made was continuing to talk to the cop as if he had the upper hand. He pricked the guys ego and at that point the cop wasn't going to let him just walk away w/o a ticket.

When dealing w/law enforcement people it's always best to surrender completely and give them total control. Their training is to never allow an 'actor' to assume power in a given situation. That's why they make people sit down or lay on their stomachs, etc. The sad thing is the Ped may have squawked himself into a resisting arrest charge too as he failed to give the cop his ID at first.

That confrontation could've blown up into a full-scale riot very easily and demonstrates the heightened contention that exists between normally lawfull citizens and the PD in Anytown, USA.

stdlrf11 04-16-11 04:46 AM


Originally Posted by MilitantPotato (Post 12514140)

Also, you're not required to show ID upon request unless you've broken a law (this might be dependent on state law.)

That is incorrect.

In any state, you must show ID to any officer that requests it. Failure to do so is a crime.

I've seen several people get arrested for failure to show ID.

The bottom line is if you act like an ass, like this guy did, you are going to get some negative attention. He should have minded his own business and not continually interrupted the officer/cyclist conversation.

unterhausen 04-16-11 05:43 AM

my understanding of the most recent supreme court ruling is that you must identify yourself, but there is no requirement to produce ID. As a practical matter, I'm not sure that's enough to keep you out of jail though.

FunkyStickman 04-16-11 06:19 AM


Originally Posted by unterhausen (Post 12514594)
my understanding of the most recent supreme court ruling is that you must identify yourself, but there is no requirement to produce ID. As a practical matter, I'm not sure that's enough to keep you out of jail though.

If a cop wants you to go to jail, the only thing that will stop him is if you're a cop too.

stdlrf11 04-16-11 06:24 AM


Originally Posted by unterhausen (Post 12514594)
my understanding of the most recent supreme court ruling is that you must identify yourself, but there is no requirement to produce ID. As a practical matter, I'm not sure that's enough to keep you out of jail though.

How do you identify yourself without producing ID? I guess they could run your name, DOB, DL# and/or SSN through the computer to verify, but if not you could say you're anybody.

I've heard of people being taken to the station to be fingerprinted to verify identity before they were let go.


Originally Posted by FunkyStickman (Post 12514668)
If a cop wants you to go to jail, the only thing that will stop him is if you're a cop too.

Trust me. Being a cop won't stop you from going to jail. It usually makes matters worse. I know of a few guys who tried flashing their badge to get out of things, only to find themselves in deeper **** than when they started.

exile 04-16-11 11:23 AM

So the guy makes a joke to the cyclist being stopped and the cops don't like it. The cyclist didn't get all bent out of shape and even joked back, but the cop gets upset?

From there it was both hysterical and sad at the same time. I would love to know how things play out.

JeffS 04-16-11 12:27 PM


Originally Posted by stdlrf11 (Post 12514544)
That is incorrect.

In any state, you must show ID to any officer that requests it. Failure to do so is a crime.


Nice job correcting someone with false information.

neotheone 04-16-11 12:47 PM

As either a class B or C misdemeanor or a lower level offense in most areas, failure to identify to a police officer can occur with two different distinctions. The first includes refusing to provide your name, address or other requested information when you have been lawfully arrested or detained, or when a police officer has reason to believe you may be a witness to any type of criminal offense. The second distinction includes the same circumstances but it is more specific to if you provide the wrong personal information to an officer.

Artkansas 04-16-11 01:09 PM


Originally Posted by stdlrf11 (Post 12514680)
How do you identify yourself without producing ID? I guess they could run your name, DOB, DL# and/or SSN through the computer to verify, but if not you could say you're anybody.

I've heard of people being taken to the station to be fingerprinted to verify identity before they were let go.

Yep, that's what they do if you don't have ID. One day I was walking from the convenience store to my apartment across the street. A cop stopped me in the parking lot. Wanted my ID. Claimed he was looking for someone who looked like me. He offered me a trip to police HQ if I didn't have an ID.

After he ran the ID, he owed that he was looking for someone who was shorter, hairier, stockier and younger than me. :crash:

Artkansas 04-16-11 01:11 PM


Originally Posted by exile (Post 12515413)
So the guy makes a joke to the cyclist being stopped and the cops don't like it. The cyclist didn't get all bent out of shape and even joked back, but the cop gets upset?

Isn't ego a wonderful thing?

MikeyBoyAz 04-16-11 01:41 PM

my wife and I watched this a few times, and we are still amazed by the behavior of everyone. I don't think AZ cops are any different, but I can't fault them. I am entertained that the bicyclist just sat there patiently while he was ignored the whole time. I suppose that goes to show that you should never be in a hurry when cops are involved :P

nashcommguy 04-16-11 04:58 PM


Originally Posted by MikeyBoyAz (Post 12515863)
my wife and I watched this a few times, and we are still amazed by the behavior of everyone...

Welcome to New York, New York. Spent alot of time on Manhattan as I've relatives there. This is pretty standard behavior in the neighborhoods. Someone gets a ticket and it turns into a block party.

Bob N. 04-16-11 06:42 PM

Guess he should have kept his mouth shut.

bluefoxicy 04-16-11 06:46 PM


Originally Posted by MilitantPotato (Post 12514140)
Also, you're not required to show ID upon request unless you've broken a law (this might be dependent on state law.)

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Guess what "identification" is.

shouldberiding 04-16-11 08:22 PM

"Riding on the sidewalk? Man, you a grown man. Don't you know that's against the law?

That's comedy gold, right there.

andrewmc 04-16-11 08:42 PM


Originally Posted by stdlrf11 (Post 12514544)
That is incorrect.

In any state, you must show ID to any officer that requests it. Failure to do so is a crime.

I've seen several people get arrested for failure to show ID.

The bottom line is if you act like an ass, like this guy did, you are going to get some negative attention. He should have minded his own business and not continually interrupted the officer/cyclist conversation.

And here I was thinking that all 'yall south of the border enjoyed some civil liberties that we did not. Up here, you don't have to identify yourself unless an officer has reasonable grounds to believe that you've committed an offence or if you're driving.

Also, police officers can't legally take you into custody without telling you why - and yes, they need a reason, and no, not any reason will do.

What I saw in that video sickened me, even if the guy who was getting arrested was a ******nozzle.

jputnam 04-16-11 10:01 PM


Originally Posted by stdlrf11 (Post 12514680)
How do you identify yourself without producing ID? I guess they could run your name, DOB, DL# and/or SSN through the computer to verify, but if not you could say you're anybody.

I've heard of people being taken to the station to be fingerprinted to verify identity before they were let go.

Correct -- there is no legal requirement in any state to carry identification papers. Indeed, there's no legal requirement to own official identification papers of any kind.

But you may, in certain circumstances, be required to identify yourself to the satisfaction of the police.

If you do not have official ID, or if they suspect your ID has been forged or altered, they can detain you to verify your identity. If your local police have good mobile I.T. and you have an ID that you simply aren't carrying, they can run your identifying information and pull your picture. If they aren't quite that well-equipped, they can at least call in your information by radio and see if it matches a known ID. There are a number of databases that could be used, including driver licensing, court records, ICE databases if they suspect you're not in the country legally, etc.

Of course, the police have some discretion on when they're satisfied with your identity, and their discretion may be influenced by your attitude. It's perfectly legal not to have ID on your person, but if they ask you to identify yourself, either give them your ID or give them the information they need. If you think it's an unjustified stop, you're generally better off filing a complaint later than arguing with an officer along side the road.

MikeyBoyAz 04-18-11 10:29 AM

ok, now wait. I was under the impression that a state issued ID was not your property... on the back of my DL it states this is property of the state of Arizona and MUST be surrendered upon request... sow how does that fit into illegal search invasion of privacy etc...

Shimagnolo 04-18-11 10:45 AM


Originally Posted by MikeyBoyAz (Post 12522700)
ok, now wait. I was under the impression that a state issued ID was not your property... on the back of my DL it states this is property of the state of Arizona and MUST be surrendered upon request... sow how does that fit into illegal search invasion of privacy etc...

Did you need to pay a fee when you got it?
Pretty hard to claim it is the property of the state if they charged you for it.

Seattle Forrest 04-18-11 10:48 AM


Originally Posted by nashcommguy (Post 12514323)
When dealing w/law enforcement people it's always best to surrender completely and give them total control. Their training is to never allow an 'actor' to assume power in a given situation. That's why they make people sit down or lay on their stomachs, etc. The sad thing is the Ped may have squawked himself into a resisting arrest charge too as he failed to give the cop his ID at first.

In Soviet Russia ... no, wait ... in modern America ...


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