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Detroit Police Department stop #12 for me

cmdr_iceman71

Regular Member
Joined
Mar 16, 2010
Messages
409
Location
Detroit, Michigan, USA
OCed 10.2 miles through Detroit and Highland Park this afternoon. I was stopped by DPD on Pontchatrain and 7 mile and ticketed for riding a bicycle without a license.

listen here: http://www.youtube.com/watch?v=Fubq7KDD0-c

The LEO in question stated he didn’t want to ticket me for the bicycle license violation: “I could care less about you riding a bicycle.” But he did so in retaliation because I refused to answer his initial question about “Why do I feel the need to open carry two guns?” followed by a refusal disclose whether I had a valid CPL. He became frustrated because I kept answering his questions with a question of my own, it quickly became a circular conversation. He had to cite me for the bicycle violation in order to force my hand in identifying myself.

Yes, I have audio of the entire stop although there is a very long period of silence because I stopped talking. After handing over my I.D. I heard him mumble some kind of response in answering his question to me. He got it wrong, at which point I politely asking the LEO to stop putting words in my mouth. He sarcastically stated he wouldn’t ask me anymore questions. I then remained silent for the remainder of the stop.

They fumbled around making various calls as well as combing through a well used pamphlet of code violations so as to find the exact code violation for my offense. I also have to bleep out my name so the audio isn’t ready just yet. Surprisingly enough, they said absolutely nothing about the body armor.

Admittedly the LEOs approached in a friendly manner so as to engage me in casual conversation. But given that this was my 12th stop, I’m too seasoned now to fall for that trick. However, the LEO’s demeanor soured when I politely explained to him that “My right to keep and bear arms is my God given right and is beyond your scope.” I asked him was I being detained and he said “No” but when I asked him whether I was free to go he said “No” and kept insisting that I answer his questions.

I refused to disclose whether I had a CPL and explained to him that I didn’t need one to OC. He became very agitated and vocally regretted his “soft shoe” approach saying that perhaps if he had approached me being an A-hole he would’ve gotten better results. He said “I’m going to ask you one more time, then we‘re going to have to do this the hard way.”

They took my guns for officer safety at first then later on in the stop the primary LEO took them inside the squad car and ran the serial numbers. You will hear me on tape saying I do not consent to any search or seizure of my property as they were disarming me.

Bottom line the LEOs in question thought they had a right to my most inner and private thoughts on the 2nd Amendment as to the reasons “why I carry two guns openly” They thought my privacy of mind could be purchased for a mere $55 ( I think that’s the price for the fine) so as to avoid a ticket. I held my ground until they nicked me on the bicycle license violation. Again, this is why I consider some of them nothing more that thugs with a badge.

Also I think this may go to buttress the argument that a bicycle is considered a vehicle…. The LEO writing the ticket asked his partner “This goes under moving violations right?” And his partner replied “Yes.” And the primary LEO kept pushing the people at dispatch to find out whether I had a CPL, I think he was going to try and charge me with a CCW violation if I didn’t have a CPL.

I then rode right down the street to go inside the 12th Precinct to actually acquire the bicycle license but I was met at the door my two LEOs with their hands on their hips and a metal detector and a sign saying no weapons. One LEO said “What do you think you’re doing?” I replied “A police station is not a pistol free zone.” He said something but I had already turned away and was walking back to my bicycle. I had already had enough trouble for the day. Besides with it being Sunday they probably weren’t issuing bicycle licenses anyway.
 
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Glock9mmOldStyle

Campaign Veteran
Joined
Apr 21, 2010
Messages
2,038
Location
Taylor, Wayne County, Michigan, USA
Petty, very petty.

OCed 10.2 miles through Detroit and Highland Park this afternoon. I was stopped by DPD on Pontchatrain and 7 mile and ticketed for riding a bicycle without a license.

The LEO in question stated he didn’t want to ticket me for the bicycle license violation: “I could care less about you riding a bicycle.” But he did so in retaliation because I refused to answer his initial question about “Why do I feel the need to open carry two guns?” followed by a refusal disclose whether I had a valid CPL. He became frustrated because I kept answering his questions with a question of my own, it quickly became a circular conversation. He had to cite me for the bicycle violation in order to force my hand in identifying myself.

Yes, I have audio of the entire stop although there is a very long period of silence because I stopped talking. After handing over my I.D. I heard him mumble some kind of response in answering his question to me. He got it wrong, at which point I politely asking the LEO to stop putting words in my mouth. He sarcastically stated he wouldn’t ask me anymore questions. I then remained silent for the remainder of the stop.

They fumbled around making various calls as well as combing through a well used pamphlet of code violations so as to find the exact code violation for my offense. I also have to bleep out my name so the audio isn’t ready just yet. Surprisingly enough, they said absolutely nothing about the body armor.

Admittedly the LEOs approached in a friendly manner so as to engage me in casual conversation. But given that this was my 12th stop, I’m too seasoned now to fall for that trick. However, the LEO’s demeanor soured when I politely explained to him that “My right to keep and bear arms is my God given right and is beyond your scope.” I asked him was I being detained and he said “No” but when I asked him whether I was free to go he said “No” and kept insisting that I answer his questions.

I refused to disclose whether I had a CPL and explained to him that I didn’t need one to OC. He became very agitated and vocally regretted his “soft shoe” approach saying that perhaps if he had approached me being an A-hole he would’ve gotten better results. He said “I’m going to ask you one more time, then we‘re going to have to do this the hard way.”

They took my guns for officer safety at first then later on in the stop the primary LEO took them inside the squad car and ran the serial numbers. You will hear me on tape saying I do not consent to any search or seizure of my property as they were disarming me.

Bottom line the LEOs in question thought they had a right to my most inner and private thoughts on the 2nd Amendment as to the reasons “why I carry two guns openly” They thought my privacy of mind could be purchased for a mere $60 ( I think that’s the price for the fine) so as to avoid a ticket. I held my ground until they nicked me on the bicycle license violation. Again, this is why I consider some of them nothing more that thugs with a badge.

Also I think this may go to buttress the argument that a bicycle is considered a vehicle…. The LEO writing the ticket asked his partner “This goes under moving violations right?” And his partner replied “Yes.” And the primary LEO kept pushing the people at dispatch to find out whether I had a CPL, I think he was going to try and charge me with a CCW violation if I didn’t have a CPL.

I then rode right down the street to go inside the 12th Precinct to actually acquire the bicycle license but I was met at the door my two LEOs with their hands on their hips and a metal detector and a sign saying no weapons. One LEO said “What do you think you’re doing?” I replied “A police station is not a pistol free zone.” He said something but I had already turned away and was walking back to my bicycle. I had already had enough trouble for the day. Besides with it being Sunday they probably weren’t issuing bicycle licenses anyway.

Good on you ICEMAN! +1

Talk about petty tactics, this one takes the cake! :mad:
 

Yance

Regular Member
Joined
Sep 15, 2011
Messages
568
Location
Battle Creek, MI
Good job on handling it...but a license to ride a bicycle, what next a license required to walk down the street?

What is detroit doing?
 

DrTodd

Michigan Moderator
Joined
Jun 20, 2008
Messages
3,272
Location
Hudsonville , Michigan, USA
Did they cite the law you supposedly violated; I have been unable to find that in their municipal code. I have seen a requirement for licenses for motor driven bicycles, but not for one under human power. Please send me the "law" they say you violated and I'll keep looking.
 
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lapeer20m

Regular Member
Joined
Jul 22, 2009
Messages
928
Location
Near Lapeer (Hadley), Michigan, USA
Hmmm, this is interesting regarding bicycle licenses...

http://www.m-bike.org/blog/2008/07/03/detroit-police-announce-bicycle-license-enforcement/

But the real story is the law is unenforceable under state law.

To begin with MCL 257.606 sub-section (1)(i) states that local authorities can “[Regulate] the operation of bicycles and requiring the registration and licensing of bicycles, including the requirement of a registration fee.” The CIty of Detroit can require bicycle licenses.

However, MCL 257.606 sub-section (3) says that such a requirement “shall not be enforceable until signs giving notice of the local traffic regulations are posted upon or at the entrance to the highway or street or part of the highway or street affected, as may be most appropriate, and are sufficiently legible as to be seen by an ordinarily observant person.”

Detroit does not have any such signage
 

DrTodd

Michigan Moderator
Joined
Jun 20, 2008
Messages
3,272
Location
Hudsonville , Michigan, USA
Last edited:

cmdr_iceman71

Regular Member
Joined
Mar 16, 2010
Messages
409
Location
Detroit, Michigan, USA

Fallschirjmäger

Active member
Joined
Aug 4, 2007
Messages
3,823
Location
Cumming, Georgia, USA
Is one required to carry identification when OC'ing?

If not, then, just Why were you carrying I.D.?
Were you about to purchase an airline ticket? cash a check? purchase alcohol?

(and that's just me being a $%@# while encouraging 'sterile carry' :p )
 

Badger Johnson

Regular Member
Joined
Jan 12, 2011
Messages
1,213
Location
USA
Jeeze, this sounds like my incident. I was stopped in a park by two LEOs who sat in the back of the parking lot for two hours waiting for me to ride through the parking lot on a Sunday morning, and made me stop and put me in a wrist lock and said they didn't think it was legal riding a bicycle in that park. I then pointed out a sign RIGHT BEHIND THE GUY which said 'Bicycles yield to pedestrians'. No apologies or nothing. Then they said 'oh someone said you went around the corner too fast'. I pointed out there were no speed limits or ranges and that the corner they pointed to was a greater than 90 degree turn with slippery gravel and said it would be suicide to go around that corner quickly on a bicycle too quickly, in fact they realized it couldn't be done.

I turned out some older woman reported me (how they knew it was me among all the other bicycle riders is a mystery, because it was three days earlier) for some fake crime because I reminded her that going 30mph in parking lot cutting across the entrance to the bike path on a blind round about almost caused her to run me over. The speed is 5mph posted. She was literally throwing gravel and had disappeared behind some foliage. I just HAPPENED to slow before coming off the bike path and she missed me by inches. She must have had a friend in the PD.

Didn't get charged, but man were they frustrated that they were wrong on several counts. Next they asked me if I had a horn - I had a horn attached to the handlebars in PLAIN VIEW - it was BRIGHT RED. Then they asked me if I had lights. IT WAS DAYTIME. Sheesh. Finally they released me and wandered off.
 

cmdr_iceman71

Regular Member
Joined
Mar 16, 2010
Messages
409
Location
Detroit, Michigan, USA
Is one required to carry identification when OC'ing?

If not, then, just Why were you carrying I.D.?
Were you about to purchase an airline ticket? cash a check? purchase alcohol?

(and that's just me being a $%@# while encouraging 'sterile carry' :p )

Right after I was disarmed, you will hear the LEO on the recording demand I.D. saying that I have to have it on me, saying we dont know who you are, youre a John Doe. I protest and tell him that Michigan isnt a "stop and identify state" and that in order to for me to have to identify myself I they must cite me for some code violation. In the background you will hear his partner reminding him that I said I didnt have a license of the bicycle. So at that point the primary LEO said he was going to cite me for the bicycle violation so as to force me to identify myself.
 

Badger Johnson

Regular Member
Joined
Jan 12, 2011
Messages
1,213
Location
USA
Goes to show you can beat the rap but not the "ride". Good luck and hope they get smacked on the patty cakes.

Lord I'm such a recidivist, I've had one or two tickets in my life, one a bogus cite in Goochland going 56mph in a 55, and one for driving through a parking lot to see the hours of a bank, avoiding (allegedly) a traffic light.

Well, less scary for them than an -actual- criminal, that's true. :)
 

aepfelsauce

Regular Member
Joined
Sep 21, 2011
Messages
21
Location
Meeshagin
So what does that mean? I dont have to pay the ticket or what?

See if you can deny guilt by mail or phone, otherwise, you may have to go before a magistrate for a few minutes and tell them you were cited for a law that doesn't exist.
 
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Fallschirjmäger

Active member
Joined
Aug 4, 2007
Messages
3,823
Location
Cumming, Georgia, USA
Right after I was disarmed, you will hear the LEO on the recording demand I.D. saying that I have to have it on me, saying we don't know who you are, you're a John Doe. I protest and tell him that Michigan isn't a "stop and identify state" and that in order to for me to have to identify myself I they must cite me for some code violation. In the background you will hear his partner reminding him that I said I didn't have a license of the bicycle. So at that point the primary LEO said he was going to cite me for the bicycle violation so as to force me to identify myself.

Ah, but that still doesn't mean that you must carry identification, does it? :)
How nice of him to cite you for an ordinance that doesn't seem to ..... .... ... exist.
 
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