Paul B, Cuffed and Searched for "No Front Light"

By Alex Thompson

Paul B is cuffed for 35 minutes for 'no front light'

July 2nd, 2008 – Above, Paul B is about to be released from handcuffs by LAPD Officer Corona. After spending over a half an hour in cuffs, and having his belongings thoroughly searched, Paul was let off with a “no front light”, $10 fix-it ticket.

Or so it would seem. In fact the ticket and near arrest were retaliation for Paul stopping to observe the police detain another cyclist. Once we stopped to observe the arrest of cyclist who we did not know, Officer Corona nearly instantly informed Paul that he was taking Paul to jail for interference. It was only after Stephen Box got on the phone with the watch commander, I took 400 photos (Flickr set), and a supervisor arrived on the scene that they decided to “let Paul off” with a ticket.

Here’s what happened (you can read Stephen Box’s account here): after visiting the Silver Lake Neighborhood Council to support their endorsement of the Cyclists’ Bill of Rights (right #3, “Cyclists have the right to the full support of educated law enforcement”), I headed over to Ridge Way for Den Dinner. When the night wore down Paul, myself, and Andrea decided to ride back to the Westside together.

When we made the turn from Sunset Blvd to Santa Monica we passed a cyclist, perhaps 6’2″, dark skinned, riding a dark mountain bike steadily West. He held his line and he seemed to be riding just fine – a harmless commuter. Shortly afterward we passed blogger Will Campbell heading East and so we stopped to chat. While stopped the same anonymous cyclist passed us back, and again was most notable for his lack of notability. After a short chat with Will we started West again.

It came as a surprise when, as we approached the location where Santa Monica Blvd crosses the 101 Fwy, the anonymous cyclist was handcuffed, two LAPD officers standing next to him. How does a cyclist, who just 5 minutes again was harmless and nearly invisible, get thrown in handcuffs so quickly? It didn’t add up, and as we continued riding West we discussed whether we should return to observe. Ultimately, we did return, because we each thought we’d be upset if we were in his situation and three cyclists rolled by without stopping.

20080703-DSC_0692

(Paul and the anonymous cyclist are both in cuffs as Corona searches Paul’s bag after Paul denied consent to a search)

So we flipped a U-turn and returned to the scene, Paul and Andrea arriving before me as I got hung up across the street at a red light. Paul rolled up onto the sidewalk, dismounted, and asked what was going on. The cyclist indicated everything was ok, and by the time I arrived Paul was asking the police why they had stopped the cyclist. Officer Corona told Paul with hostility that it was none of his business. Paul explained is his calm, unwavering style that we were here to observe, and that the situation seemed strange considering we had just seen this cyclist riding safely and legally without incident.

Corona blew a fuse and he told Paul not to move, and said we would be going to jail for interfering. He gave Paul no prior instruction to step back. It was only when Corona began searching Paul that I realized this was really happening. So I pulled out my Nikon and held down the shutter as I dialed Enci Box when he didn’t pick up. Around the same time Officer Stine and Corona instructed me to back up or I would also be jailed. Stephen Box got on the phone with the Watch Commander and urged him to send a supervisor to the scene, as I also requested one from Officer Stine.

The officers both changed their demeanor under the scrutiny of the camera. Still, when I told Corona that this was a retaliatory arrest for our observing them he confirmed it – in fact he seemed proud of it. Corona berated Paul, asking him repeatedly “can I look in you bag? What’s in the bag? I’m going to look in your bag” and so on, while Paul reiterated that he did not consent to a search. Eventually Corona opened up the bag anyway, finding . . . a whole lot of nothing.

Eventually a supervising officer, Sergeant Harrington arrived on the scene. He questioned his officers about the stop, then Paul, and finally myself and Andrea. I suggested that this was unwarranted and that we had a right to observe the stop, and Harrington insisted that we did not have a right to observe police action. The law says I’m right, but Harrington insisted repeatedly that I was not.

20080703-DSC_0738

(Sgt Harrington (left) ruminates as Officer Stine lethargically uncuffs the anonymous cyclist)

It was during this argument that Stine and Corona apparently decided to ticket Paul, not arrest him. And yet, as they released the anonymous cyclist, whose information we were never able to get, they left Paul standing on the sidewalk still in cuffs. That’s right – they left him there standing in cuffs in order to write him a ticket for not having a front light. But I’m glad they gave Paul a ticket, because it would be just too obvious if they put him in cuffs, searched him illegally, and didn’t cite him. Clearly that is police abuse, where here we have the more ambiguous “I gave you a ticket to cover for the fact that I should have never cuffed you in the first place” situation.

After the police left Paul with his ticket, Stephen convinced us to meet him and Enci at the Hollywood station to talk with the the watch commander, Lieutenant Donatoni, about the incident. We rode to the station, and as we rode up to it, a police car nearly leveled us as it pulled out of the station. Inside the station we found Lt Donatoni, and the supervisor, Sgt Harrington. Harrington and Donatoni had essentially nothing to offer, except a flawed understanding of the law in Harrington’s case, who believes that cyclists must have a rear light. Nope, you only need a reflector.

Lessons:

1) Make sure you have a front light, or you could end up in jail.

2) Never scrutinize the police when they seem like they’re up to something – you might be right!

3) Always carry a camera

4) Get on the phones right away, and ask for a supervisor

5) Always carry a Stephen & Enci Box

20080703-DSC_0837

Twitter Digg Delicious Stumbleupon Technorati Facebook Email

14 Responses to “Paul B, Cuffed and Searched for "No Front Light"”

  1. Man, you guys are askin for a beat down from the cops one of these days. Itsa gonna happen, and I’ll be ready to rally in your support when it does. Wear a helmet when you ride because, you know, nightsticks leave scars.

  2. I have been driving a car for years and never have been handcuffed. Now that I’m on a bike I have had the honor to wear the LAPDs cold cuffs around my wrist. In broad daylight. Why? Because I called them to let them know that my husbands bike is under the wheel of a bus and when they came out, they cuffed my husband instead of the bus driver. When I pointed it out to them that they are cuffing the wrong guy, they cuffed me also.

    http://illuminatela.com/la-metro-bus-driver-hits-cyclist-cyclist-gets-handcuffed

    It pisses me off that even cyclists say, “oh, you had it coming.” Had what coming? Being falsely arrested because I ride a bike? Does a women who wears a short skirt has it coming? Does an African-American has it coming for being black?

    It’s against the law to treat people the way the LAPD treats people! They are here to protect and serve, not to intimidate and bully!

  3. I guess the lesson is, get video rolling before approaching the pigs.

  4. tooooooo. long………….

    The need for an editor seems to run exceptionally high on bike blogs. Why is that?

  5. @Enci, Ubray

    It does seem that cyclists get treated as second class citizens. What is the justification for cuffing cyclists so frequently? I don’t know.

    @Max

    Man, normally I have a point and shoot ready, but I left it at home that night to recharge the battery. Whoops.

    @JB

    Thanks for the link to Curbed.

    @Matthew

    Buzz off. I’m trying to give a complete account – I’m not going to strip down the account just to benefit the people who are not interested.

    If you’re not interested then the most important details are in the first two paragraphs.

  6. Being that flash memory is is one of the few things still getting cheaper these days, I think I’ll be putting bigger cards in my digicam and phone for just this sort of situation.

    If there were a way to upload the video live to the intertubes, saving the evidence if they smash/confiscate and lose the device that would really be the ticket. Gotta be possible on some of these newfangled phones.

  7. I think you just hand off your camera if it looks like you’re going to get hassled to . . . which is why you always need other people with you in these situations.

  8. Hi! I was surfing and found your blog post… nice! I love your blog. :) Cheers! Sandra. R.

  9. The way that some cyclists and some policemen conduct themselves is unfortunate, but even more so when it leads to massive stereotyping. Anyway your pictures came out well, with what lens are you shooting?

Trackbacks/Pingbacks

  1. Streetsblog » Another Community Endorses Cyclists Rights. LAPD Still Confused About Them. - July 7th, 2008

    [...] having a front light on his bike, even though he approached the police on foot not on his bicycle.Alex Thompson was on the scene.  He reports: So we flipped a U-turn and returned to the scene, Paul and [...]

  2. More fun with the ‘Cyclists’ Bill of Rights’ | Los Angeles Metblogs - July 11th, 2008

    [...] like this is even needed, if it’s just pointing out rights that people already have, well when things like this keep happening it’s important to have something to point to and remind city government [...]

  3. Cyclists’ Bill of Rights to City Council - November 20th, 2008

    [...] need to look at New York but can see right here on our streets that my rights and my friends rights have been violated without any repercussion and without our leadership stepping in and defending our [...]

  4. Hollywood LAPD Assault / Harass Cyclists on LA Critical Mass | Bikeside LA - May 29th, 2010

    [...] Friday May 28, 2010 Los Angeles Critical Mass took to the crowded streets with hundreds of riders demonstrating their right and freedom to ride. After a full calendar of Bike Week events, endorsements, and excitement the close to Bike Month ended with the harsh reality that cyclists must persist with the fight for equal protection on the streets. You would think after a public service announcement by Chief Beck, progress with operations notices supporting cyclists and a new cyclist’s rights education module the LAPD would take a moment before going back to their old ways of harassing cyclists. [...]

Leave a Reply

Bear