In September I had the opportunity to educate all 150 of our officers after one of them pulled over one of our Road 1 courses twice for not being “all the way to the right.”

The classes went perfect and they really learned a lot. I could not be happier how it turned out here. The average police officer just does not know the laws when it comes to bicycling and even if they read them they would not understand them without having a competent bicyclist explain it to them.

Fred, you are the definition of competent but they might not want to hear it from you since they think you are testing them.

Either way, please let me know how this turns out.

Thanks,

Robert

Let’s all scratch our collective heads. Who out there does the most recording of people face-to-face of anyone? Here’s a hint: They like to poke their microphone in people’s faces.

Ah, That’s right the TV people. And what does a media legal clearinghouse (Reporters Committee for Freedom of the Press) have to say about the laws in Florida?

Taping someone over the phone requires consent BUT

“Under the statute, consent is not required for the taping of a non-electronic communication uttered by a person who does not have a reasonable expectation of privacy in that communication. See definition of “oral communication,” Fla. Stat. ch. 934.02. See also Stevenson v. State, 667 So.2d 410 (Fla. Dist. Ct. App. 1996); Paredes v. State, 760 So.2d 167 (Fla. Dist. Ct. App. 2000).”

http://www.rcfp.org/taping/states/florida.html

So look up those cites. I can’t imagine that two people talking on a street would expect privacy.

Fred did the right thing, but once again, the TV people would be interested in knowing about how they told him to stop recording (and then threatened him) since they presumably would prefer to keep a free press.

I plan to play it safe, though and inform the officers that the camera is running and if they require it to be turned off, the conversation ends. I’m required only to provide identification and answer appropriate questions, not hold a discussion which I’ve recently learned is fruitless.

I’m waiting to hear back from a lawyer found on the FBA legal page, only 11 miles away. His assistant took my information at 10:30am today, and nothing yet, at 4:30pm. Oh well, maybe monday, when I’m out on scheduled calls! At least my calls are well north of the Port Orange PD and their vigilantes.

Yep, still angry.

Here’s the Florida statute on recording, if you are interested: http://www.leg.state.fl.us/Statutes/index.cfm?mode=View%20Statutes&SubMenu=1&App_mode=Display_Statute&Search_String=934.03&URL=CH0934/Sec03.HTM

Don’t know any lawyers who do this kind of traffic/legal work; if I come up with a name I will let you know …

I’ll offer the advice I share when we are out touring the local mountains. “You always want to know where you sit in the surrounding food chain.” I think that advice probably applies here as you move forward into the “justice” system. You have a right to be there, but you might get eaten alive. Good Luck (sincerely).

I’ll try to get a scan of the ticket tomorrow when I come back from visiting a client in Port Orange, and when my wife isn’t home to go into catatonic shock from her own imagined terrors that go with my adventures in law enforcement.

This is merely a citation, not even a misdemeanor.
No points, so your insurance won’t go up.

The goal here is to stop the harassment. The easy thing to do is pay the ticket, but you will be banned from that city.