New York Court Rules on Cycling Search and Seizure

The ruling gives people on bikes the same rights as drivers when it comes to police stops.

2 minute read

November 27, 2023, 9:00 AM PST

By Diana Ionescu @aworkoffiction


New York Cyclist

JODIJONESSTUDIO / Shutterstock

According to a Streetsblog NYC article by Julianne Cuba, “The highest court in New York this week decided that bicyclists should have the same protection as car drivers against unlawful search and seizure — a decision that connects to the city’s long history of cops targeting people of color who get around by bike.”

The court ruled that the 2014 arrest of a cyclist later found to be carrying a gun amounted to unreasonable search and seizure that violates the Constitution. “‘What the court held is that the officer didn't have the basis to stop him and based on just seeing a bulge in his waistband,’ said NYCLU senior attorney Daniel Lambright.”

The ruling puts cyclists on an equal footing (so to speak) with people in cars, where courts have generally ruled that “stopping a person in a car is such a ‘restriction of the liberty of an individual’ that it should be considered a seizure.” Advocates say it will limit the number of violent interactions with police, particularly for people of color. “According to the most recent stats, police wrote 421 summonses for biking on the sidewalk last year. Eighty-three percent of the tickets where the officer included the race of the suspect were issued to Black or Hispanics, who comprise roughly 50 percent of the population. Only 8 percent of the tickets were written to white people, who comprise roughly 40 percent of the population.”

Friday, November 24, 2023 in StreetsBlog NYC

portrait of professional woman

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching. Mary G., Urban Planner

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching.

Mary G., Urban Planner

Get top-rated, practical training

Bird's eye view of manufactured home park.

Manufactured Crisis: Losing the Nation’s Largest Source of Unsubsidized Affordable Housing

Manufactured housing communities have long been an affordable housing option for millions of people living in the U.S., but that affordability is disappearing rapidly. How did we get here?

March 25, 2025 - Shelterforce

U-Haul truck on road with blurred grassy roadside in background.

Americans May Be Stuck — But Why?

Americans are moving a lot less than they once did, and that is a problem. While Yoni Applebaum, in his highly-publicized article Stuck, gets the reasons badly wrong, it's still important to ask: why are we moving so much less than before?

March 27, 2025 - Alan Mallach

Rusty abandoned oil well and equipment with prickly pear cactus next to it in West Texas.

Using Old Oil and Gas Wells for Green Energy Storage

Penn State researchers have found that repurposing abandoned oil and gas wells for geothermal-assisted compressed-air energy storage can boost efficiency, reduce environmental risks, and support clean energy and job transitions.

March 31, 2025 - Pennsylvania State University

Downtown Los Angeles skyline viewed from a distance with freeway and trees in foreground.

Updating LA’s Tree Rules Could Bring More Shade to Underserved Neighborhoods

A new USC study finds that relaxing Los Angeles’ outdated tree planting guidelines could significantly expand urban tree canopy and reduce shade disparities in lower-income neighborhoods, though infrastructure investments are also needed.

April 3 - USC Dornsife

Aerial view of Claifornia aqueduct with green orchard on one side.

California's Canal Solar Projects Aim to Conserve Resources and Expand Clean Energy

California’s Project Nexus has begun generating electricity from solar panels installed over irrigation canals, with researchers and state agencies exploring statewide expansion to conserve water and boost clean energy production.

April 3 - Turlock Journal

Close-up of older woman's hands resting on white modern heating radiator mounted on wall indoors.

HHS Staff Cuts Gut Energy Assistance Program

The full staff of a federal program that distributes heating and cooling assistance for low-income families was laid off, jeopardizing the program’s operations.

April 3 - The New York Times