QUESTION
Can I be stopped on my bike for drug use?
Asked on Mar 20th, 2012 on Criminal Law - California
More details to this question:
I was stopped on my bike down the street from my house at 800 pm. I'm not on probation was stopped for no bike light he said then said I'm on drugs and I have to give urin sample at police station. I said no so he took me to hospital and froced me to give blood arrested and taken to jail never got bike ticket in fact he left my brand new 600 hundred dollor bike on sidewalk and is now gone. What can I do?
3 ANSWERS
Criminal Law Attorney serving Oakland, CA
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Law Office of Jared C. Winter
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You can be stopped in most jurisdictions for riding a bike without a light. After the stop, if the cop observed symptoms that indicated that you were under the influence, he MAY have had probable cause to arrest you for HS 11550(a). Your case raises a number of issues that you should have an attorney handle. Either hire an attorney or contact the public defender's office.
Answered on Mar 22nd, 2012 at 1:01 PM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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Can I be stopped? The same as if driving a car, or walking on the sidewalk in public, YES, if the officer suspects a crime or has any apparent violation he claims broken light. Of course you can fight the criminal charges.
Answered on Mar 20th, 2012 at 6:21 PM
Criminal Defense Attorney serving Orange, CA
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Law Office of Joe Dane
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Can you be stopped on a bike? Yes. If they have "reasonable suspicion" of a violation, even a stupid bike light one, they can stop you and contact you. If they see symptoms of drug use, they can go from there. Of course - your attorney can advise you better if you feel like the stop or investigation was improper - they will be able to review all the reports. About your bike - they can't just leave it on the sidewalk unattended, they are responsible for it if they arrest you - either to lock it up with your approval, release it to someone you designate or book it in for safekeeping with your property.
Answered on Mar 20th, 2012 at 4:58 PM