Cops kick in Teacher's Door for "riding bicycle without a headlight"

http://Mediafilter.org/guest/Pages/November.23.1998.14.17.26

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  • This Event Happened in San Jose, California, USA
    207-31-30-201.metroed.net.


  • On Thursday, October 22 1998 public High School Teacher Greg Nichols was returning home from teaching at Central County Occupation Center in San Jose, California, when a San Jose Police Officer observed him riding a bicycle without a headlight after dark. The officer chased Mr. Nichols to his home, called for backup, and proceeded to kick the door in. When Mr. Nichols asked if he had a warrant, the officer shouted "we don't need one." After pouncing on and handcuffing Mr. Nichols, the officers proceeded to rummage through the contents of the house, and they interrogated Mr. Nichols' guests at gunpoint. They even held a gun in the face of a 2-year-old! The officer explained that "riding a bicycle after dark without a headlight" was an infraction in California. Apparently, the officer was unfamiliar with the entire California Vehicle Code, which exempts "human powered vehicles." During the booking process, the officer charged Mr. Nichols with "evading a police officer" even though the statute says "using a motor vehicle to evade a police officer." The Santa Clara County Department of Corrections held Mr. Nichols for nine days in "isolation", not allowing him to contact his attorney, employer, or friends, and prohibiting any contact at all. They refused to allow him to see a magistrate for the entire time, even though Mr. Nichols was listed on the calendar of the Santa Clara County Superior Court every day. After six days his attorney was able to visit him, and on the ninth day Mr. Nichols was bailed, which allowed him to attend the court hearing held in his honor, where he discovered the charges were changed again. Now Mr. Nichols is being charged with "blocking the entrance to a commercial establishment." Go figure!


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