The war between bicyclists and the community appears ready to take on a Samurai twist, following a constitutional ruling by the Oregon court of appeals published today.
DOUBLE SHEATHED SAMURAI SWORD: Cyclist arrested…
The court has overturned the February conviction of a man for carrying a concealed ninja sword in a Critical Mass rally. According to the appeals opinion, James M.Turner was riding his bicycle in a Critical Mass rally, when a Portland Police Officer riding next to him saw “three to four inches” of a sword handle wedged between Turner’s back and his backpack. The officer testified in court that there was no doubt in his mind that the object was a “sword or [something] similar.”
According to the transcript, the officer asked Turner, “What’s sticking out of your neck?”
Turner replied that it was a “ninja sword,” and the officer motioned for him to pull over. After Turner stopped, the officer removed the sword, which was sheathed, from between Turner’s body and his backpack. As he removed it, he discovered the sword was contained in a “double sheath, where one sword goes in one end, one in the other.” At the time the officer removed the first sword, he had not seen and was not aware of the second sword. He arrested Turner for carrying a concealed weapon based on his discovery of the second sword.
The appeals court ruled, however, that the officer did not have probable cause to stop Turner for carrying a concealed second sword, based on their conversation about the first sword, which did not constitute an official “stop.” However, the interaction became an official “stop,” the court ruled, when the officer motioned to the rider to pull over.
Under Article I, section 9 of the constitution, a “stop” must be justified by the officer’s reasonable suspicion that a person has committed or is about to commit a crime. Because the officer lacked reasonable suspicion to believe that defendant was carrying a concealed weapon at the time that he motioned for Turner to pull over, he unlawfully stopped him, and the trial court erred in failing to suppress evidence of the second sword, ruled the appeals court.
Bikeportland readers: You know what to do.
was the bicyclist wearing a helmet while carrying the ninja sword?
is the cyclist in cahoots with the ninja motorcyclist?
also, is the zombie fad over? is it ninjas now?
Ninja pirates.
pirates already have their own store at the mall. i’d say pirates/nautical things are pretty much a portland staple. there are no ninja-specific stores yet to my knowledge.
except maybe on 82nd?
Y’arr, that we do, laddy. That we do. An’ a true pirate, he not be a’wearing of no sissy helmet, neither, y’arr. He be a’head buttin’ any sissy po-lice officer that tried to be of a’pullin’ him over, y’arr.
What’s that officer? This? Oh, it’s a stuffed pidgeon. No, I dyed his feathers this color. Put on the helment? Yes, sir, right away sir. Anything else, sir? Thanks. You have a good day, too, officer.
Now, like I be a’saying, no pirate worth ‘is salt wears no sissy helmet, y,arr.
So let me get this straight. I can carry, say, a rocket launcher in my pants and as long as I’m wearing a helmet, the police can’t stop me and take my toy away from me. Radi-fucking-cal. Here I come, Andy & Bax!
I wonder if that’s the guy responsible for the hundreds of cyclist related slashings by a cyclist swordsman.
Glad they busted that guy!
God Bless America and God Bless the Oregon Court of Appeals. A well armed bicyclist is a polite motorist.
And for our next event, jousting on bicycles. Stay tuned for details.
1) Here in Oregon we call it the Court of Appeals. The feds break their appeal courts into circuits, we don’t.
2) This case didn’t establish a right to carry concealed weapons – swords, throwing stars, nunchucks or otherwise.
Otherwise, good write up Matt! – Jake Weigler
1.Changed.
2.Way to piss on my parade, Jake.
the title of your post couldn’t be more wrong
Sorry Matt. It’s no cake walk for me anymore either – speaking for “the man.”
So I was into the pirate thing for a while, went to the pirate events, went to a few Cap’n Bogg and Salty shows, dressed like a pirate for holloween three years in a row, etc.. But it still seems pretty dorky to me to carry a ninja sword around with you.
I can’t even imagine what kind of personal protection situation would require a ninja sword that a bicycle lock wouldn’t suffice.
Just sayin’
Why didn’t this guy just throw down a smokescreen and disappear when the officer tried to pull him over? That’s what a real ninja would do! I’ll bet he never showed his ninja license either.