Who's at fault here?

[Grassman]

Things go downhill fast for
bicyclist arrested in Fort Worth

Star-Telegram

FORT WORTH — A 23-year-old bicyclist rode right into trouble this week after making an apparent smart-aleck remark.

According to a report, a police officer had detained five people after a traffic stop in the 3900 block of White Settlement Road when the cyclist rode by about 11:45 p.m. Tuesday.

"Did y’all read them their rights first?" the cyclist said loudly as he pedaled past.

The remark drew the attention of the officer, who called for the cyclist to stop. "You don’t have a headlight on that bike," the officer said, according to the report.

Riding a bicycle without a headlight at night violates the Texas Transportation Code, the report states.

Things continued downhill when the cyclist ignored the officer and kept pedaling, prompting another officer to turn on his patrol car’s lights and chase the cyclist, the report states. Soon, another officer joined the pursuit.

The cyclist looked back at the pursuing officer, pedaled faster, hopped a curb, and rode through several driveways and yards. He stopped in the 3900 block of Monticello Drive, took off his backpack, threw his bike down and asked officers, "Why are y’all stopping me?"

The man was arrested on suspicion of evading arrest/detention. But his troubles weren’t over.

According to the report, officers spotted the handle of a Glock pistol protruding from a mesh pocket on the man’s backpack. According to the report, the man has a concealed-handgun license. But because the gun was not concealed, he was also arrested on suspicion of unlawfully carrying a weapon by a license holder.

He was charged with both misdemeanors Thursday, court records show.

 

[nekwah]

He should not have been arrested for this but according to the law i suppose he could. Although if hadnt beens such a pain in the butt maybe he wouldnt have had problem.

 

[Duke of Doubt]

The only fault lies with the cyclist. Even if he were "in the right," look what happened to him. I wouldn't want that to happen to me.

Cops at a scene are busy. Whatever the cyclist said, it was going to distract them, perhaps at a critical moment. They can't ignore it, he may have been asking for assistance or reporting a crime, or he may have been providing material information.

Don't bother a man doing his job, unless you're offering him a beer.

 

[longdayjake]

lets not allow the citizens their right to free speech. Typical cop CS. Every cop does it. And if you are a cop don't say you haven't done CS a time or two. We all have.

 

[rbernie]

This is not going to become a cop-bashing thread. There is no profit in such spleen-venting on a public forum. It might be interesting to discuss the issues associated with his method of concealed carry, since it appears that's the legal issue that's relevant to THR.

I do not grasp why he would be carryin' in an outer pocket. It offers no access while on the bike, so he might as well have stuck it in an inner pocket.

 

[Grassman]

I think the bicycle guy was prolly asking for it, but the fuzz got him on a BS charge, just because he could.

 

[zoom6zoom]

Regardless, if the wiseass hadn't mouthed off, he'd be chillin' at home.

 

[Rockwell1]

Let me ask you this, would we be reading this thread if the bicyclist had kept his mouth shut?

Rule #1 if your carrying a concealed weapon you go out of your way to AVOID confrontation.

And in Texas you take effort to ensure that concealed means concealed

 

[akodo]

Looking at the gun part only

just because someone successfully spots a portion of a firearm this does NOT equal 'open carry'

The officer is in the wrong on this charge.

 

[akodo]

Most LEOs are control freaks...necessary to do their jobs, but most of them do not know how or when to turn it off

I agree. The bicylcists comments were like leaving your car in a rough neighborhood and being suprised that your fancy stero were stolen.

However, putting it on the bicyclist is blaming the victim IMHO. Yes, it would be smart to take the removable faceplate off of your stereo but the real problem is whoever tossed a brick through the window and ripped the stereo out.

 

[TAB]

The way I see it, he drew attention to himself while breaking the law( no light on the bike), he made matters worse by running. I hope they throw the book at him.

I don't know how TX law defines open carry, but common sense would be if the but of the gun is sticking out its not concealed.(granted laws and common sense don't mix very well)

 

[rbernie]

The Dallas news hasn't picked up the story. Here's the link to the Star/Telegram article:
http://www.star-telegram.com/229/story/1202184.html

just because someone successfully spots a portion of a firearm this does NOT equal 'open carry'

The reference to a mesh outer pocket led me to conclude that the reference to the pistol grip was simply a case of bad reporting. I suspect that the charge was based upon the notion that the pistol was not concealed at all, if it truely was in a mesh outer pocket.

This is why legal open carry is a big deal.

 

[ants]

You all missed the salient point: He wasn't ordered to stop as a result of speech

He was ordered to stop because he had no light on his bicycle at night.
He committed a violation in Texas.

Then he fled to avoid detention.
He committed another violation in Texas.

A concealed weapon license holder carried his handgun in a manner not concealed.
He committed another violation in Texas.




So get off the subject of his free speech rights.
That wasn't the violation for which he as detained.

The police were doing their jobs, in my view.

 

[SaxonPig]

How about... don't be a smart-ass to a cop doing something that doesn't involve you?

 

[muddywatters]

Agree with ShaxonPig on this.

 

[Hanafuda]

officers spotted the handle of a Glock pistol protruding from a mesh pocket on the man’s backpack

sure they did.

 

[Rockwell1]

I'm going to ask again, would we be reading this thread if the bicycilist had kept his mouth shut?

 

[mljdeckard]

ants is right. On THR, we follow the law, period. Don't like the law? Write your congressman.

If you don't believe the cops actually saw the gun sticking out, then how did they know it was there?

 

[FiREhAwk]

If he didnt say anything the situation would never have started. Saying what he did wasnt wrong, but when they tried to stop him he should have stopped and told them he had a license and firearm. He would have left with a ticket for no light at most, a warning at best but no charges.

 

[Impureclient]

I thought that a concealed carry meant that it is just that unless the person who "sees" it can identify what it is.
Where they able to charge him on that because they could identify the handle from a Glock gun?

I was told by a fellow that a police officer saw an outline of the weapon he was carrying through his wet t-shirt
during on a rainy day. The officer said it was illegal and the guy said to the cop, "identify what it is" and the cop
left him alone. This guy was a CCW class trainer. Was he just fibbing and/or bragging or could that happen?

 

[Rockwell1]

Was he just fibbing and/or bragging or could that happen?

I think your friend might be stretching the blanket just a teensy bit

 

[DeathByCactus]

If I were a cop I would have done the same thing. My reasoning:

I am making an arrest, probably somewhat frustrated with the perpetrators BS, and some dick rides by and makes a smart-aleck comment while he is in the process of breaking the law. Something I would have probably ignored or given a verbal warning (out of concern for his safety) had he just rode by and I wasn't busy arresting people.

Then he fails to stop after I tell him too, so I give chase. Now he has made me chase his ass all over town and has thoroughly ruined my donut and coffee time (no pun intended ).

Only then do I find out that he has a firearm in a mesh backpack pocket and is a CHL. A mesh pocket carry method as a CHL? Really?

I would have taken him to jail in a heart beat. If he had actually stopped to begin with, I might have just threatened him with a warning so that he might get the message to make sure he is doing nothing illegal before he decides to play the dick. Instead he decided to break the law, be a dick, risk his safety and others (via a pursuit) as well as my own, then he is further breaking the law by not properly concealing his firearm like a responsible CHL should.

Yeah I might have a power play perspective on it. But these police officers are out there working long hours for low pay and doing their best to keep the sheep safe. It's clearly the bicyclists fault.

 

[Tyrannosaurus]

When I first read this, the first thing that stuck out was the mention of the Texas Transportation Code. I didn't buy it.

So I looked it up...

Holy crap. According to this code, there's not much you can do on a bicycle without being arrested. If you dig into the bicycle requirements, you'll realize that these statutes were put together so that any law-abiding citizen riding a bicycle can be stopped for a variety of reasons.

http://tlo2.tlc.state.tx.us/statutes/tn.toc.htm

I've been actively riding a bicycle for years. I had no idea I was breaking dozens of laws on a daily basis.

 

[T.A.DAVISON knife maker]

All I can say is....







.

 

[gdcpony]

Is the mesh pocket a CC? I would wonder if it was all the way in and thus seen through the mesh, or was sticking out at which point it is obviously a moot point.
I thought in TX you could carry open. Is this changed when you get a CCW?
In either case the guy was a jerk and could have stopped the escalation at any point. Like I tell my kids, "you decide when you are in trouble, how long it will last, and how bad it will be. Not me. Now choose, youngin"