Question on law, new port richey florida

[jordon]

Jurisdiction

Florida

if I'm riding my bike in Florida down a sidewalk abiding by all street signs and stop signs, not making any stops or going in anyplace, and an officer stops me, and I don't ID myself and they arrest me can they be sued? the issue i had was 1-2-3 years ago just curious if it happens again if i have to or not.
my issue at the time was, i was walking back from fishing to my house, 2 officers pull me over told me to stop for no reason i asked why they were stopping us didnt give us a reason at the time just asked for id, i said i will id but i need to know the reason, they then proceeded to say, "you match the description of someone who did something just profiling me, i had 2 fishing polls and my hand even asked the officer did the guy that did this have fishing polls in hand didnt answer the question, i then id my self and was free on my way, just curious what would've been the outcome if i didnt and took it to court for violating my rights on a law suit thanks.

 

[army judge]

if I'm riding my bike in Florida down a sidewalk abiding by all street signs and stop signs, not making any stops or going in anyplace, and an officer stops me, and I don't ID myself and they arrest me can they be sued?

I suggest that it isn't in your best interest to become a "street lawyer", especially at 2:00AM along some deserted street or alleyway, if you were approached by a law enforcement officer.

If I were you, I'd politely identify myself, anytime a law enforcement officer requested identification. Sure, you're free to be a jerk. Know this, there are some games and some people that one doesn't play games with, unless one desires to end up a in bloody, bruised, dazed mental state.

Civility and good manners are most useful.

You are free to bring a lawsuit for almost anything.

That doesn't mean your lawsuit would change anything.

First, you need to ACQUAINT yourself with the law about bicycles in Florida.

Florida Bicycle Law
...

In Florida the bicycle is legally defined as a vehicle and the bicyclist is a driver.

Bicyclists have the same rights to the roadways, and must obey the same traffic laws as the drivers of other vehicles.

These laws include stopping for stop signs and red lights, riding with the flow of traffic, using lights at night, yielding the right-of-way when entering a roadway and yielding to pedestrians in crosswalks.

Recent Law Changes:

A key 2012 amendment in the regulations allows bicycle lights to flash. Obtaining and maintaining pricey bicycle lights that required frequent recharging or replacement of batteries was once a nontrivial challenge for evening riders, providing a perennial theme of discussion and review in cycling magazines and online forums. Now, with compact, relatively moderately priced LED lights that can run for many hours on a charge (especially on flash or low-power settings), cyclists who ride with lights at night (as legally required) are cooking with gas, so to speak.

Bicycle Regulations (see Section 316.2065, F.S.)
Statutes & Constitution :View Statutes : Online Sunshine
A bicyclist must obey all traffic controls and signals.

A bicyclist must use a fixed, regular seat for riding.

No bicycle may be used to carry more persons at one time than the number for which it is designed or equipped.

Parents and guardians must not knowingly allow a child or minor ward to violate any provisions of this section.

Every bicycle must be equipped with a brake or brakes which allow the rider to stop within 25 feet from a speed of 10 miles per hour on dry, level, clean pavement.

Sidewalk Riding (see Section 316.2065, F.S.)

When riding on sidewalks or in crosswalks, a bicyclist has the same rights and duties as a pedestrian.

A bicyclist riding on sidewalks or in crosswalks must yield the right-of-way to pedestrians and must give an audible signal before passing.

Lighting (see Section 316.2065, F.S.)

A bicycle operated between sunset and sunrise must be equipped with a lamp on the front exhibiting a white light visible from 500 feet to the front and both a red reflector and a lamp on the rear exhibiting a red light visible from 600 feet to the rear.

Additional lighting is permitted and recommended.

Roadway Position (see Section 316.2065, F.S.)

A bicyclist who is not traveling at the same speed of other traffic must ride in a designated bike lane (see Bike Lane Law Explained in the left tab menu) or as close as practicable to the right-hand curb or edge of the roadway. A bicyclist may leave the right-most portion of the road in the following situations: when passing another vehicle moving in the same direction; when preparing for a left turn; when reasonably necessary to avoid any condition or potential conflict including, but not limited to, a fixed or moving object, parked or moving vehicle, pedestrian , animal, surface hazard, or turn lane; when a lane is too narrow for a bicycle and another vehicle to travel safely side by side. (see Roadway Position Explained in the left tab menu)

A bicyclist operating on a one-way street with two or more traffic lanes may ride as close to the left-hand edge of the roadway as practicable.

Persons riding bicycles upon a roadway shall not ride more than two abreast except on paths or parts of roadways set aside for the exclusive use of bicycles. Persons riding two abreast shall not impede traffic when traveling at less than the normal speed of traffic at the time and place and under the conditions existing, and shall ride within a single lane.

(see Impeding Traffic Explained in the left tab menu)

 

[jordon]

I suggest that it isn't in your best interest to become a "street lawyer", especially at 2:00AM along some deserted street or alleyway, if you were approached by a law enforcement officer.

If I were you, I'd politely identify myself, anytime a law enforcement officer requested identification. Sure, you're free to be a jerk. Know this, there are some games and some people that one doesn't play games with, unless one desires to end up a in bloody, bruised, dazed mental state.

Civility and good manners are most useful.

You are free to bring a lawsuit for almost anything.

That doesn't mean your lawsuit would change anything.

First, you need to ACQUAINT yourself with the law about bicycles in Florida.

Florida Bicycle Law
...

In Florida the bicycle is legally defined as a vehicle and the bicyclist is a driver.

Bicyclists have the same rights to the roadways, and must obey the same traffic laws as the drivers of other vehicles.

These laws include stopping for stop signs and red lights, riding with the flow of traffic, using lights at night, yielding the right-of-way when entering a roadway and yielding to pedestrians in crosswalks.

Recent Law Changes:

A key 2012 amendment in the regulations allows bicycle lights to flash. Obtaining and maintaining pricey bicycle lights that required frequent recharging or replacement of batteries was once a nontrivial challenge for evening riders, providing a perennial theme of discussion and review in cycling magazines and online forums. Now, with compact, relatively moderately priced LED lights that can run for many hours on a charge (especially on flash or low-power settings), cyclists who ride with lights at night (as legally required) are cooking with gas, so to speak.

Bicycle Regulations (see Section 316.2065, F.S.)
Statutes & Constitution :View Statutes : Online Sunshine
A bicyclist must obey all traffic controls and signals.

A bicyclist must use a fixed, regular seat for riding.

No bicycle may be used to carry more persons at one time than the number for which it is designed or equipped.

Parents and guardians must not knowingly allow a child or minor ward to violate any provisions of this section.

Every bicycle must be equipped with a brake or brakes which allow the rider to stop within 25 feet from a speed of 10 miles per hour on dry, level, clean pavement.

Sidewalk Riding (see Section 316.2065, F.S.)

When riding on sidewalks or in crosswalks, a bicyclist has the same rights and duties as a pedestrian.

A bicyclist riding on sidewalks or in crosswalks must yield the right-of-way to pedestrians and must give an audible signal before passing.

Lighting (see Section 316.2065, F.S.)

A bicycle operated between sunset and sunrise must be equipped with a lamp on the front exhibiting a white light visible from 500 feet to the front and both a red reflector and a lamp on the rear exhibiting a red light visible from 600 feet to the rear.

Additional lighting is permitted and recommended.

Roadway Position (see Section 316.2065, F.S.)

A bicyclist who is not traveling at the same speed of other traffic must ride in a designated bike lane (see Bike Lane Law Explained in the left tab menu) or as close as practicable to the right-hand curb or edge of the roadway. A bicyclist may leave the right-most portion of the road in the following situations: when passing another vehicle moving in the same direction; when preparing for a left turn; when reasonably necessary to avoid any condition or potential conflict including, but not limited to, a fixed or moving object, parked or moving vehicle, pedestrian , animal, surface hazard, or turn lane; when a lane is too narrow for a bicycle and another vehicle to travel safely side by side. (see Roadway Position Explained in the left tab menu)

A bicyclist operating on a one-way street with two or more traffic lanes may ride as close to the left-hand edge of the roadway as practicable.

Persons riding bicycles upon a roadway shall not ride more than two abreast except on paths or parts of roadways set aside for the exclusive use of bicycles. Persons riding two abreast shall not impede traffic when traveling at less than the normal speed of traffic at the time and place and under the conditions existing, and shall ride within a single lane.

(see Impeding Traffic Explained in the left tab menu)

Thanks for the reply, just seems unfair when they're using power to get what they want, "search your name for warrants" I have never been arrested or gotten any tickets nor do I have anything to hide, was just more curious about the subject of that matter!

 

[Tax Counsel]

just curious what would've been the outcome if i didnt and took it to court for violating my rights on a law suit thanks.

Two things to mention here. First, an officer may always ask for your name or your ID. Whether you must provide that information depends on the circumstances of the stop. The cop needs reasonable suspicion that you have committed a crime or about to commit a crime for you to be required to provide that information. The problem, however, is that the cop doesn't have to explain the reasonable suspicion he had at the time of the stop, and you won't likely know if the cop has reasonable suspicion and you refuse to provide your ID, that can prompt the officer to dig further to determine who you are. In other words, if you fail to ID yourself the cop you may turn a five minute encounter into something much longer. In most situations you can provide the ID and nothing bad will result from it. However, if you have a warrant out for your arrest, giving the cop your ID may put you promptly in handcuffs. You might delay that awhile while the cop undertakes other actions to identify you. But if the cop determines your ID anyway, you are still off to jail.

Here is the Florida statute that sets out the rules for these kinds of street encounters with cops.

In these situations I always provide my ID when the cops ask because I know there are no warrants out for me and the cop is likely to find out by other means who I am anyway. I don't want to be standing around for an hour or two while the cop investigates that. I'd rather simply give my ID and be on my way in a few minutes. You have to decide for yourself how you want to react to this kind of situation.

 

[adjusterjack]

just curious what would've been the outcome if i didnt and took it to court for violating my rights on a law suit

You would lose because the courts don't support stupid people who bait cops and don't understand that with rights come obligations and limitations.

If it ever happens again I hope you will have sense enough to politely hand over your ID and be done with it. Nobody's violating any of your rights.