indian T Posted March 17, 2011 Share Posted March 17, 2011 BILLS INTRODUCED TO PROHIBIT MOTORCYCLE-ONLY CHECKPOINTS Even as Georgia police prepared to launch the nation’s first federally-funded motorcycle-only checkpoints during Daytona Bike Week, lawmakers in Washington were taking steps to cut federal funding for the controversial practice. Wisconsin Reps. Jim Sensenbrenner, Paul Ryan and Tom Petri introduced House Resolution 904 on March 3rd that would prohibit the secretary of transportation from providing funds to state and local governments for the use of motorcycle-only traffic checkpoints. “The first step in motorcycle crash prevention should be rider education and increased awareness. Taxpayer money should not be spent on helmet checkpoints that do not prevent crashes," Petri said in a news release. "Also, it's outrageously intrusive. Nobody is suggesting pulling cars off the road for unscheduled inspections, so why are motorcycle riders being harassed?" “We stand in solidarity against the unconstitutional use of motorcycle-only checkpoints being implemented in Georgia, and may be coming to your state soon,” said Escondido Paul, National Lt. Commander of the US Defenders, in issuing a Call To Action (CTA) urging all motorcyclists to contact their federal officials to “solicit their support against grant money being used by the Federal Government to induce other States to participate in such discriminatory actions!” In related news, bills have been recently introduced in New Hampshire (HB 148) and California (AB 1047) to prohibit any state law enforcement agency from accepting federal funding to establish motorcycle-only roadside checkpoints. Quote Link to comment Share on other sites More sharing options...
darkrider Posted March 17, 2011 Share Posted March 17, 2011 no way in hell is the same pos lawmakers trying to get the citizens hard earned tax money to pick on bikers, be the same pos driver that's flying down the road in their suv,... talking on their cell phone, texting, drinking coffee, etc Quote Link to comment Share on other sites More sharing options...
secinv Posted March 18, 2011 Share Posted March 18, 2011 Had to be an agenda of some left wing Democrat! What an outrage. Quote Link to comment Share on other sites More sharing options...
BONMYI Posted March 18, 2011 Share Posted March 18, 2011 Haven't seen anything like this here yet, hope the hell I don't, we'll let ya's know... Dave Quote Link to comment Share on other sites More sharing options...
Mike337 Posted March 18, 2011 Share Posted March 18, 2011 Published: 2011-02-28 Motorcyclists Across the Country Anxiously Await Court Decision on Constitutionality of New York’s Motorcycle Checkpoint Program Article provided by New York Motorcycle Accident Attorney - Proner & Proner Motorcyclists across the nation are awaiting a decision from the U.S. District Court for the Northern District of New York which they hope will declare New York’s “motorcycle only” roadway checkpoints to be unconstitutional. The case, Wagner et al. v. The County of Schenectady, et al., could end up in the United States Supreme Court. The checkpoints, which target well-known motorcycle events, force motorcyclists traveling to and from those events to leave the roadway, regardless of any wrongdoing, and have their vehicles and equipment inspected for safety and non-safety equipment violations and stolen VIN numbers. Motorcyclists have been detained as long as 45 minutes in makeshift stockades while undergoing the inspections. The National Highway Transportation Safety Administration recently began Federal funding for motorcycle checkpoints nationwide in order to assess their effectiveness despite objections raised by members of Congress. The New York lawsuit is the first to challenge the constitutionality of motorcycle checkpoints. The plaintiffs are being represented by Proner & Proner, a plaintiff’s personal injury law firm with a long history of doing “pro bono” legal work on behalf of motorcyclists. The Proner firm commenced the lawsuit on behalf of four motorcyclists who were detained at two separate checkpoints. The checkpoints are funded by a grant from the New York Governor’s Traffic Safety Committee and the troopers who work them are paid overtime. Although the stated purpose of the checkpoints is to promote safety, the majority of the more than a thousand tickets which were issued during the first year of the checkpoints had nothing to do with safety and instead focused on non-safety violations such as loud pipes. The written guidelines for the checkpoints specifically state that one of the purposes of the checkpoints is to look for stolen and forged VINS and the police readily admit that they often have undercover members of their gang and auto theft units working the checkpoints looking for signs of criminal activity. The Supreme Court of the United States has repeatedly made it clear that any roadway checkpoint whose primary purpose is general crime control constitutes an unreasonable search and seizure under the Fourth Amendment and is presumptively unconstitutional. Notwithstanding that fact, the progress reports which the police prepared on the checkpoints specifically state that the grant funds are used “for overtime for intelligence gathering and the subsequent criminal and traffic enforcement.” The police admit that the checkpoints, which focus only on equipment violations and forged and stolen VINs, do not address any of the major causes of motorcycle accidents such as reckless driving, driver inattentiveness and alcohol impairment. Lawyers for the Plaintiff Riders and Defendant State Police are both seeking summary judgment on the Fourth Amendment claims. The future of motorcyclists’ rights hangs in the balance. Quote Link to comment Share on other sites More sharing options...
dparch Posted March 18, 2011 Share Posted March 18, 2011 Haven't seen anything like this here yet, hope the hell I don't, we'll let ya's know... Dave Was coming back from Florida and had stopped in Savannah for nite back on March 8. They had checkpoint set up the next day along SB I-95 just north of Savannah, just inside Georgia border coming from S Carolina. They were forcing bikes off road for "inspections" near rest area there. Glad to be heading NB outta Georgia that day... Quote Link to comment Share on other sites More sharing options...
BONMYI Posted March 18, 2011 Share Posted March 18, 2011 Was coming back from Florida and had stopped in Savannah for nite back on March 8. They had checkpoint set up the next day along SB I-95 just north of Savannah, just inside Georgia border coming from S Carolina. They were forcing bikes off road for "inspections" near rest area there. Glad to be heading NB outta Georgia that day... Quote Link to comment Share on other sites More sharing options...
BONMYI Posted March 18, 2011 Share Posted March 18, 2011 Was coming back from Florida and had stopped in Savannah for nite back on March 8. They had checkpoint set up the next day along SB I-95 just north of Savannah, just inside Georgia border coming from S Carolina. They were forcing bikes off road for "inspections" near rest area there. Glad to be heading NB outta Georgia that day... That's what I was wondering; this all sounded like a Highway Patrol action.. Hope the federal funding cuts put a STOP to this type of bullshit.. This is the worst case of profiling I have ever heard of.. Dave Quote Link to comment Share on other sites More sharing options...
secinv Posted March 18, 2011 Share Posted March 18, 2011 The court will find this to be unconstitutional and in violation of the fourth amendment. All of these check points should be outlawed, be it for motorcycles, cars or for any vehicles. Quote Link to comment Share on other sites More sharing options...
Doc Loco Posted March 18, 2011 Share Posted March 18, 2011 Selective depopulation technique to rid society of it's Alpha Males. New World order wants less people of more agreeable nature. If you see this, don't submit...find alternate route. Quote Link to comment Share on other sites More sharing options...
secinv Posted March 18, 2011 Share Posted March 18, 2011 We should all write congress on this expenditure and request they stop any funding for any type of unconstitutional search and seizure programs. Quote Link to comment Share on other sites More sharing options...
Doc Loco Posted March 18, 2011 Share Posted March 18, 2011 (edited) We should all write congress on this expenditure and request they stop any funding for any type of unconstitutional search and seizure programs. Classic example of misappropriated funding to witch hunt a selected group of taxpayers. No way! This is flagrant abuse... "The checkpoints, which target well-known motorcycle events, force motorcyclists traveling to and from those events to leave the roadway, regardless of any wrongdoing, and have their vehicles and equipment inspected for safety and non-safety equipment violations and stolen VIN numbers. Motorcyclists have been detained as long as 45 minutes in makeshift stockades while undergoing the inspections." Stockades????? Why not find those 'central planners' responsible for this and have them relieved of duty at the least...maybe hang the scurvy dogs from yonder yardarm as a warning to guvmint dimwits who dare to encroach on citizen rights!!! AARRGH!! Edited March 18, 2011 by Doc Loco Quote Link to comment Share on other sites More sharing options...
Mike337 Posted March 18, 2011 Share Posted March 18, 2011 (edited) The court will find this to be unconstitutional and in violation of the fourth amendment. All of these check points should be outlawed, be it for motorcycles, cars or for any vehicles. To the 1st half of the statement, the court has ruled and check points are legal, as long as the apply to all motorist equally, it will be interesting if they allow it to apply to only one group. As to the 2nd part, ain't gonna happen, MADD back it and I'm sure it's here to stay. As to the detention time, the court has ruled 15 minutes to be excessive and 36 hours to be permissible. It all depends on whether or not you are furthering your investigation in to your probable cause in a reasonable manner. Edited March 18, 2011 by Mike337 Quote Link to comment Share on other sites More sharing options...
secinv Posted March 18, 2011 Share Posted March 18, 2011 The stopping of only Motorcycles is clearly discriminative in nature, court should see it this way. I also understand that there are judges who do not follow the constitution, as they are judicial activists. I, myself am a strict constitutionalist and see things in this light. Quote Link to comment Share on other sites More sharing options...
Mike337 Posted March 19, 2011 Share Posted March 19, 2011 The stopping of only Motorcycles is clearly discriminative in nature, court should see it this way. I also understand that there are judges who do not follow the constitution, as they are judicial activists. I, myself am a strict constitutionalist and see things in this light. I agree on all points, if we get an honest judge that follows the Constitution it should be no problem. If not, it will be like the DWI check points, grant funded, locally done to the requirement set in the grant to the letter. The liberals have made this country suck so much I should pack up my toys and go home.....oh wait, this is what left of my home....is it 2012 yet? Quote Link to comment Share on other sites More sharing options...
TallRider Posted March 19, 2011 Share Posted March 19, 2011 So . . . join the AMA and put some $$$ behind their activities to fight for the rights of motorcyclists. Many of us are already members . . . these are exactly the kinds of things the AMA lobbies against. Quote Link to comment Share on other sites More sharing options...
Recommended Posts
Join the conversation
You can post now and register later. If you have an account, sign in now to post with your account.