At the risk of pointing out the obvious, under U.S. law, police officers must have either reasonable suspicion of a traffic/equipment violation or probable cause that a crime has been committed to stop a vehicle. These temporary detentions are considered "seizures" under the Fourth Amendment, meaning they cannot be based on an arbitrary hunch or whim. Now there are a few things to focus on here. One of whether a bicycle is considered a vehicle in whatever state we are discussing. Google/AI says: yes, bicycles are treated as vehicles in all 50 U.S. states. While specific definitions vary slightly, every state’s traffic code grants cyclists the same rights and imposes the same duties on them as motor vehicle drivers, such as obeying stop signs and traffic lights. And, yes, I am aware of the "Idaho Stop" which is a traffic law allowing bicyclists to treat stop signs as yield signs and red lights as stop signs. First enacted in Idaho in 1982, it improves cyclist momentum, reduces intersection congestion, and often increases rider safety by allowing cyclists to get ahead of motorized traffic.
So, if we focus on the reasonable suspicion/probable cause part of it, theoretically, if an officer saw a Class 2 e-bike and could see the operator using a throttle, that could be considered reasonable suspicion if the area being operated on doesn't allow Class 2 bikes. On the other hand, if only Class 1 bikes are allowed and a bike is being operated in that same area, how would the officer determine is the bike is Class 1 or Class 3 without stopping it? To me, they look the same from a distance. If they are traveling more than 20 MPH, would that be enough? I suspect that Class 1 bikes going downhill can travel faster than 20 MPH. Also, many riders can probably pedal as Class 1 faster than 20 MPH.
If there is a collision, are police in the United States going to document is the e-bike is a Class 1, 2 or 3 on a traffic accident report? I assume most e-bikes are marked which class they are, but Google AI Overview states: Not all e-bikes are marked as Class 1, 2, or 3. While many states use a three-class system for street and trail access, the three-class system is not a mandatory federal rule for every e-bike.
Another thing to consider is speed limit enforcement aspect of bikes, including e-bikes. In may area, there are a few areas that often have pedestrians that state: "SPEED LIMIT 15 MPH SLOW YOUR ROLL". How much over the limit should enforcement begin? 1 MPH? 5 MPH? Regarding regular motor vehicles in my area, it is often understood that up to 10 MPH over the limit you are okay. Beyond that and a citation is more likely.
Another issue is accuracy of bicycle speedometers. My e-bike speedometer doesn't agree with what my GPS displays. Which is correct? I am inclined to think that the Garmin GPS is more accurate.
For as simple as this issue may seem to some people, it actually can be a bit more complicated than it seems like.
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