In a statement released on Friday, the Middlesex County Prosecutor’s Office found that officers from the Perth Amboy Police Department acted legally and showed no signs of racial discrimination when they seized bicycles from a group of largely Black and Hispanic teenagers and arrested one juvenile last April, allegedly for riding an “unregistered bicycle.” The arrest video, which can be seen here in its entirety, sparked outrage on social media and an investigation was launched by the Prosecutor’s Office.
The 80-year old municipal ordinance required (among other things) that individuals pay 50 cents to register bicycles within the City limits. Following the arrest and release of the video, on July 14, 2021, the Perth Amboy City Council voted to change the ordinance – bicycle registration is now “optional.” However, it can still be a violation of the ordinance to engage in “trick or fancy riding” or to ride in certain prohibited areas.
Arrests are generally not mandatory when issuing an ordinance violation, which was likely a contributing factor to the outrage. Sparked by criticisms of heavy-handed policing and claims of unfair treatment, State officials prompted the Prosecutor’s Office to investigate.
The 4-page statement concluded that “the members of the Perth Amboy Police Department acted within their lawful authority by stopping the youths on bicycles because they were engaging in dangerous conduct that created a risk of injury to motorists, pedestrians, and the youths themselves.” It defended the actions of the officers, indicating that the “community caretaking role of the police extends to protecting the welfare of children in the community.” The Office also found that there was “no indication or suggestion” that excessive force was used. Rather, the Office said that the the officers’ actions were “at all time, within their lawful authority, comported with the enforcement of local ordinances, and in compliance with established police procedures.”
The Office purportedly reviewed video evidence showing reckless behavior involving bikes, prior complaints (which included 33 prior calls about groups of juveniles “riding their bicycles in an unsafe manner on the city streets”), and prior police reports. Interviews were also conducted.
As for the events that gave rise to the arrest, the Office found that the same group of bicycle riders had been warned earlier that day about unsafe riding and blocking traffic, as well as about the consequences for continuing to engage in similar behavior. The Middlesex County Prosecutor’s Office Press Release can be found in its entirety here.
In an interview with investigators, the parents of the teen who was arrested apparently supported the officers’ handling of the situation and were relieved that the it was resolved by way of a Stationhouse Adjustment (an internal process through which a juvenile can be diverted away from the criminal justice system).
For more information, the nj.com article can be found here.
If you or a loved one is arrest and charged as a juvenile, contact Alissa D. Hascup, Esq. for a consultation immediately. She will use her extensive experience to ensure that the best possible result is achieved. Ms. Hascup is available 24/7 at 862-257-1200.
