Cops behaving badly ...

Apparently it's illegal to have a medical condition that prevents you from obeying police orders


If this isn't staged the obvious question is "who is filming it"
 
So it's policy even tho it's illegal?

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If you can't put it in your report, you shouldn't do it at all. It should be illegal to intentionally obfuscate a police report, *not* official policy.
 
Nice to know the police don't have anything better to do (it is Florid tho)

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An 11-year-old headed to a fishing pond on an electric dirt bike. Minutes later, he had a citation, was fingerprinted, and his bike was on a tow truck.

Cade Kirchner, a sixth grader in Oviedo, Florida, was stopped on Labor Day while riding toward Sweetwater Park with a fishing pole. His father, Chris Kirchner, says Cade was about 300 feet from home and riding on the shoulder, not in traffic.

Cade told News 6 he chose the shoulder because the sidewalk would mean going slower and possibly scaring pedestrians, while the road could upset drivers. His dad says the bike was capped at 20 mph.

Police and city officials say the vehicle was not legally an e-bike under Florida law. They described it as a 4,500-watt electric motorcycle with no pedals. In Florida, an electric bicycle must have fully operable pedals and a motor under 750 watts. Without pedals, officials say it falls under motorcycle rules, meaning registration, insurance, DOT requirements, and a licensed rider with a motorcycle endorsement.

Cade did not have a license. Officials say Florida law required fingerprints on the citation because he could not provide proper identification. Bodycam footage captured an officer telling him, “You have to show up, OK? Or they’re going to put out a warrant for you.”

The bike was towed, and Cade has a mandatory court appearance that may make him miss school. His father says he understands rules are needed, but believes the response went too far for a child riding to fish. Oviedo Mayor Megan Sladek called Cade a good kid, but said officers’ hands were tied by state definitions.

The city is also working on a new micro-mobility ordinance as communities everywhere try to catch up with the explosion of e-bikes, scooters, and electric dirt bikes.

Where should the line be between a warning, a citation, and towing the bike?

Sources: Clickorlando, Yahoo News, Fort Lauderdale

SOURCE with comments
 
Nice to know the police don't have anything better to do (it is Florid tho)

View attachment 6574

An 11-year-old headed to a fishing pond on an electric dirt bike. Minutes later, he had a citation, was fingerprinted, and his bike was on a tow truck.

Cade Kirchner, a sixth grader in Oviedo, Florida, was stopped on Labor Day while riding toward Sweetwater Park with a fishing pole. His father, Chris Kirchner, says Cade was about 300 feet from home and riding on the shoulder, not in traffic.

Cade told News 6 he chose the shoulder because the sidewalk would mean going slower and possibly scaring pedestrians, while the road could upset drivers. His dad says the bike was capped at 20 mph.

Police and city officials say the vehicle was not legally an e-bike under Florida law. They described it as a 4,500-watt electric motorcycle with no pedals. In Florida, an electric bicycle must have fully operable pedals and a motor under 750 watts. Without pedals, officials say it falls under motorcycle rules, meaning registration, insurance, DOT requirements, and a licensed rider with a motorcycle endorsement.

Cade did not have a license. Officials say Florida law required fingerprints on the citation because he could not provide proper identification. Bodycam footage captured an officer telling him, “You have to show up, OK? Or they’re going to put out a warrant for you.”

The bike was towed, and Cade has a mandatory court appearance that may make him miss school. His father says he understands rules are needed, but believes the response went too far for a child riding to fish. Oviedo Mayor Megan Sladek called Cade a good kid, but said officers’ hands were tied by state definitions.

The city is also working on a new micro-mobility ordinance as communities everywhere try to catch up with the explosion of e-bikes, scooters, and electric dirt bikes.

Where should the line be between a warning, a citation, and towing the bike?

Sources: Clickorlando, Yahoo News, Fort Lauderdale

SOURCE with comments
Nice to know the police don't have anything better to do (it is Florid tho)

View attachment 6574

An 11-year-old headed to a fishing pond on an electric dirt bike. Minutes later, he had a citation, was fingerprinted, and his bike was on a tow truck.

Cade Kirchner, a sixth grader in Oviedo, Florida, was stopped on Labor Day while riding toward Sweetwater Park with a fishing pole. His father, Chris Kirchner, says Cade was about 300 feet from home and riding on the shoulder, not in traffic.

Cade told News 6 he chose the shoulder because the sidewalk would mean going slower and possibly scaring pedestrians, while the road could upset drivers. His dad says the bike was capped at 20 mph.

Police and city officials say the vehicle was not legally an e-bike under Florida law. They described it as a 4,500-watt electric motorcycle with no pedals. In Florida, an electric bicycle must have fully operable pedals and a motor under 750 watts. Without pedals, officials say it falls under motorcycle rules, meaning registration, insurance, DOT requirements, and a licensed rider with a motorcycle endorsement.

Cade did not have a license. Officials say Florida law required fingerprints on the citation because he could not provide proper identification. Bodycam footage captured an officer telling him, “You have to show up, OK? Or they’re going to put out a warrant for you.”

The bike was towed, and Cade has a mandatory court appearance that may make him miss school. His father says he understands rules are needed, but believes the response went too far for a child riding to fish. Oviedo Mayor Megan Sladek called Cade a good kid, but said officers’ hands were tied by state definitions.

The city is also working on a new micro-mobility ordinance as communities everywhere try to catch up with the explosion of e-bikes, scooters, and electric dirt bikes.

Where should the line be between a warning, a citation, and towing the bike?

Sources: Clickorlando, Yahoo News, Fort Lauderdale

SOURCE with comments

The cops are wrong.
First of all, it is illegal to confiscate anything without a judicial warrant.
Second is that not having pedals is not the definition of a motorcycle, speed cap is.
There are lots of electric kiddie cars without pedals, that are perfectly legal for children.

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The problem is this is anecdotal ridicule of a considerable public safety issue.

The cherry-picked example may on superficial consideration seem to have some merit.
Further along on the spectrum the problem may be more evident.


Tenured COPs know they have some discretion, can allow violators off with a warning. BUT
they also know to do so renders them vulnerable to subsequent accusation of selective enforcement
in the next case which if / when it is far more serious.

I've long suspected motor vehicle traffic laws including speed limit laws criminalize more Americans than any other law.
I'm not aware of any indication there's significant prospect of reform.
These $punitive laws provide revenue for municipalities. The State invariably gets its share.

The result: governments have perverse incentive to preserve the status quo. Thus #406 & #407.
 
The problem is this is anecdotal ridicule of a considerable public safety issue.

The cherry-picked example may on superficial consideration seem to have some merit.
Further along on the spectrum the problem may be more evident.


Tenured COPs know they have some discretion, can allow violators off with a warning. BUT
they also know to do so renders them vulnerable to subsequent accusation of selective enforcement
in the next case which if / when it is far more serious.

I've long suspected motor vehicle traffic laws including speed limit laws criminalize more Americans than any other law.
I'm not aware of any indication there's significant prospect of reform.
These $punitive laws provide revenue for municipalities. The State invariably gets its share.

The result: governments have perverse incentive to preserve the status quo. Thus #406 & #407.

The source of all legal authority actually comes from those whose rights are defended by the enforcement of laws.
When there is no one harmed, like this ebike being limited to 20 mph, then any enforcement is inherently illegal.
The cop has to actually see abusive danger to others, not go by simply the fact it has no pedals.
 
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