From: jobst.brandt@stanfordalumni.org
Subject: Re: Cop attacks Cyclist in San Diego
Newsgroups: rec.bicycles.misc
Date: Sun, 09 Dec 2001 03:13:38 GMT

Bob Becker writes:

> Anybody and everybody you can so you have as many witnesses as
> possible.  If it's only your word against his, guess who wins?

I had such an experience once while descending HWY84 to Woodside.  I
caught up with four or five cars, widely spread, the last of which was
a sheriff's cruiser.  As I tried to pass legally, the officer closed
the gap to the next car so that I had to take that one too, to get out
of the opposing lane.  This required taking a sweeping turn with
double center line to finish overtaking.

On a flat straight section, with loudspeaker and red lights, I was
pulled over.  The officer swaggered toward me with a comment like
"Where the hell do you think you're going?" just as the rest of the
bicycle riders who had witnessed the whole event showed up.  At this
point the officer checked to see if I had two brakes, warned me to be
careful, returned to his car and drove off.

I suppose I could have filed charges but with Sheriff McDonald in
charge it was a mayor Juliani atmosphere.  Not worth the hassle.

Jobst Brandt    <jobst.brandt@stanfordalumni.org>

From: jobst.brandt@stanfordalumni.org
Subject: Re: Cop attacks Cyclist in San Diego
Newsgroups: rec.bicycles.misc
Date: Mon, 10 Dec 2001 21:37:00 GMT

Paul Kim writes:

>> On a flat straight section, with loudspeaker and red lights, I was
>> pulled over.  The officer swaggered toward me with a comment like
>> "Where the hell do you think you're going?" just as the rest of the
>> bicycle riders who had witnessed the whole event showed up.  At
>> this point the officer checked to see if I had two brakes, warned
>> me to be careful, returned to his car and drove off.

>> I suppose I could have filed charges but with Sheriff McDonald in
>> charge it was a mayor Juliani atmosphere.  Not worth the hassle.

> For what?!  He didn't do anything to you.  It's perfectly okay for
> him to pull you over, just like it's perfectly legal for him to pull
> you over for a routine stop and check if you were in a car.  He did,
> after all, check to see if you had 2 brakes... not worth the hassle,
> because there is no possible way you would have won.

Oh?  "He didn't do anything to you."

It is grossly illegal to hinder a passing vehicle by speeding up to
prevent a return to the right side of a two lane road.  This is
especially true if the vehicles are mismatched in ability to cause
injury.  Laterally bumping a motorcycle will most likely cause a crash
without the car ever being at hazard.  For a bicycle, this is even
more the case.

I suppose you realize that the brake check had nothing to do with
pulling me over and that it was a sham to cover his embarrassing
position having threatened my safety with his car.  Besides, police
officers do not pull over bicycles for brake checks.

Jobst Brandt    <jobst.brandt@stanfordalumni.org>

From: jobst.brandt@stanfordalumni.org
Subject: Re: Cop attacks Cyclist in San Diego
Newsgroups: rec.bicycles.misc
Date: Tue, 11 Dec 2001 03:21:50 GMT

Bob Becker writes:

> You don't know the situation with cyclists and the people and
> Sheriffs Department in Woodside.  There has been an ongoing feud for
> many years.  Woodside is a great place to cycle, and on the weekends
> there are many cyclists riding all over the place.  The inhabitants
> of Woodside are not poor.

> They don't want the cyclists there, and the poor, downtrodden
> cyclists are a pain in the butt to the Sheriffs Department who
> harass them constantly trying to keep the wealthy residents happy.
> They cops have been real assholes about it.  They will cite you for
> sneezing if they can get away with it.

This was under Sheriff McDonald as I mentioned.  Today, Don Horsley
has fairly civilized his patrolmen so the old routine is seldom seen.

http://www.smcsheriff.com/

A classic citation was on Canada Rd at a T-intersection with a three
way stop.  Equestrians and runners did not have to stop on the
straight through side of the road but bicyclists were cited if they
did not put a foot down at a complete stop where there is rarely
traffic from the side road.  I always wanted to go by there when a
patrolman was doing his thing, and ride right by on the outer
equestrian trail that passes the far side of the stop sign.  I never
got that opportunity before McDonald was out of there.

Jobst Brandt    <jobst.brandt@stanfordalumni.org>

From: jobst.brandt@stanfordalumni.org
Subject: Re: Cop attacks Cyclist in San Diego
Newsgroups: rec.bicycles.misc
Date: Tue, 11 Dec 2001 18:44:45 GMT

Paul Kim writes:

>> no it's not.  he has to have probable cause to believe that you are
>> violating a specific law in order to legally stop you.

> And how will you prove that he didn't have probable cause? There are
> a million things he can say, and you would have a prtty hard time
> trying to say he had no cause.

Let's not lose sight of the events as they happened.  I had probable
cause to sue the Sheriff for vehicular endangerment, the patrolman,
when confronted with witnesses to what he did, backed away and left
the scene.  His probable cause was that he didn't want to get passed
by a bicycle.  What he did first was illegal and dangerous and what he
intended to do as a followup was intimidation and misuse of authority.
His game was interrupted by eyewitnesses.  I don't understand what is
so hard to grasp in that.

Jobst Brandt    <jobst.brandt@stanfordalumni.org>