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Permalink Reply by Anne Alt on March 29, 2010 at 9:38am

Brendan - Thanks for the info about the "take the lane" case.

Chicago Bicycle Advocate said:

Based upon your description you were within your rights. Here's a brief analysis of the law on this point: http://thechicagobicycleadvocate.blogspot.com/2009/10/ride-to-right...

Here is a story about a bicyclist who fought a cop (in court) for ticketing him for doing the same thing, and won: http://thechicagobicycleadvocate.blogspot.com/2010/02/victory-for-t...

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Permalink Reply by Tank-Ridin' Ryan on March 29, 2010 at 10:11am

*groans* Spencer, let me bring to light for you that Chris's first reply (just under Doug's) mentions "fighting a potential ticket"(italics mine).

So, if I understand correctly, you see it as a worthwhile cause to start an argument with a police officer when the situation possibly wouldn't result in a ticket otherwise, right?

Spencer "Thunderball" Thayer! said:

I figured as much, but as notoriousDUG pointed out, it's not worth the hassle to fight them on it.

I disagree. It's the responsibility of citizens to challenge law enforcement when they are acting inappropriately, violating someones civil liberties, creating law on the fly or even violating the law itself. We should always challenge authority when we believe it's in the wrong. When something like this happens here is my experienced advice:

Never ever, ever, ever talk to an officer without your lawyer present. Anything you say, even if you are not under suspicion, can and will be used against you. Pull over and write down the officers license plate number, car number (four digits on the site) and beat (series of letters and numbers on the roof). Then write down the address where the incident occurred and the time both beginning and ending. Get the name and number of any witnesses who may be willing to help. Finally write down exactly what was said and done to the best of your memory. Once you have that and you are in a safe place call, write and fax the Alderman and Commander of the District where the incident occurred AND where you live in. This may mean you'll be on the phone a while but be sure to repeat exactly what happened and stick to the facts- not your personal feelings on the issue- unless they ask you your opinion of the officers conduct. If it's especially bad you may want to file a complaint with the City of Chicago Independent Police Review Authority (iprachicago.org).

However, if you believe the officer is acting in an unacceptable way and you feel you should correct him immediately otherwise your or someone else's civil liberties will be violated you MUST know your rights. Don't even attempt this without a good understanding of these topics. A good place to start is our Copwatch KYR pamphlet: http://bit.ly/csydwj. A Know Your Rights training by either the National Lawyers Guild or Copwatch is a much better place to start from, but even that isn't perfect. Again I must stress the best solution is to report the officer and not to confront the officer directly.

If you are going to confront an officer please...

1) Be sure you are not carrying anything illegal, doing anything illegal (proper lighting) or have any outstanding parking tickets, DUIs or warrants for your arrest. If you are unsure assume that you do not qualify and comply with the officer. Otherwise proceed to step two.

2) Polity signal or if possible ask the officer to have a "conversation" with you. Refrain from using bigger words like "dialog, discourse or even discussion" and don't use possibly aggressive simple statements like "have a talk." Also try not to stutter or hesitate when speaking to an officer.
2A) NOTE: NEVER EVER EVER DO THIS WHILE AN OFFICER IS ENGAGED WITH A SUSPECT! If an officer is talking to a suspect or arresting someone you MUST stay at what is known as a safe distance. The only thing you can legally do in this situation is document the officers actions.If you must confront the officer only do so after the incident is over.

3) Do not give them any identification. In the State of Illinois when an officer has your Federal, Military or State Identification they have detained you. What this means is that they can legally hold you for a "reasonable" amount of time while they conduct their investigation. By giving them your ID you are essentially giving them your power to leave the officers presence at any moment. All you have to give the officer is your Name, Legal Address (and I mean legal not actual) and your birth date.

4) Do not answer any of their questions about you personally. Only tell them the above information. Anything you tell them could be used against you. Only address what they are doing and really try to avoid talking about yourself. Tell them that it's your right to remain silent on issues of your person.

4) Politely ask for their badge number. They may begin to threaten you with a ticket or arrest but that's okay you'll most likely only be detained. Even if you are arrested it's not the end of the world. Convictions are what matter and bogus false arrests are easy to challenge.

5) Finally explain to them what they are doing wrong. Don't expect to get a response that you find satisfying. I've been doing this kind of thing for a while and never have.

But you are still challenging the system that allows officers to act without accountability and for every single person who does that it does make an impact. The more of us who act the more officers will behave according to the rules of conduct and not based on personal feelings.

--- OH AND ONE FINAL NOTE ---
Never assume you can outsmart the officer. They are trained to extract information from you not the other way around. Like I said it's best not to confront the officer because you are putting yourself in the position of potential civil liberty violations. But sometimes you have to do what is right.

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