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Cyclists have same rights as drivers when stopped by police, NY appeals court rules
By
Arun Venugopal
Published Nov 26, 2023
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Andrew Lichtenstein/Corbis via Getty Images
By
Arun Venugopal
Published Nov 26, 2023
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Cyclists have the same legal protections against a police search as car drivers, New York’s highest court has ruled.
The state Court of Appeals decision, issued last week, came in the gun possession against a Queens man, Lance Rodriguez. Rodriguez was cycling through Far Rockaway in 2014 when plainclothes police officers stopped him after noticing something “bulky” at his waist, according to the decision. Rodriguez then admitted to police he had a gun in his waistband.
He pleaded guilty to the weapons charge and appealed the case, arguing the officers did not have a lawful basis to pull him over on his bicycle.
A 4-3 majority of the Appeals Court agreed and dismissed the indictment against Rodriguez.
“Whether directed at a driver or a bicyclist, a command to stop by armed agents of the State is unsettling, frightening and destabilizing,” the majority wrote.
“In every relevant, legally-significant way, bicycles are similar to cars for purposes of a police encounter.”
The decision was first covered by Streetsblog.
Rodriguez’s attorney, Hannah Kon, said the ruling set an important precedent regarding cyclists rights against unreasonable search and seizure.
“It’s a really important decision because it recognizes that everyone traveling on New York’s roads deserves to have their Fourth Amendment rights protected,” said Kon. “No one should be subjected to more police interference or less Fourth Amendment protections simply because they travel by bicycle instead of car.”
The New York Civil Liberties Union filed a brief in the case, arguing that it highlighted how police discriminate against Black and brown cyclists.
“As cycling has increased across New York City and the country, police stops have increased significantly,” NYCLU attorney Christopher Dunn said. “And we know from studies all across the country that racial bias plays a large role in bicycle stops, just as it does in car stops.”
Rodriguez already served two years in prison, according to his attorney. She said the arrest derailed Rodriguez's career as a chef.
The dissent wrote that the decision needlessly hampered the police.
“Now, instead of acting to rid our streets of the deadly menace presented by loaded firearms, the police will be forced to ignore a cyclist with a waistband bulge, for no reason other than that the person happened to be riding a bicycle,” read the dissent.
But Kon said the ruling wouldn’t affect public safety.
“Police can still pull over anyone on the road who’s violating a traffic law. Including bicyclists,” said Kon. “They can pull over anyone on the road who they reasonably suspect who has committed or is about to commit a crime. The decision doesn’t change any of that.”
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Arun Venugopal
Arun Venugopal is a senior reporter for the WNYC and Gothamist Race & Justice Unit who focuses on issues of race and bias in our region. His reporting also tackles the topics of immigration, faith, and inequality. Arun serves as the regular fill-in host of the station's "U.S. of Anxiety" program. Arun was the creator and host of Micropolis, a series about race and identity. He is a contributor to NPR's Morning Edition and All Things Considered. He has appeared on PBS Newshour, On the Media and Studio 360, and has been published in The Guardian, The Wall Street Journal and Salon. He also frequently serves as an emcee and moderator of panel discussions on race, religion, and identity issues and has been a guest host of NPR's "Fresh Air." He lives with his family in Queens.
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