Motorcyclists Across the Country Anxiously Await Court Decis

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Motorcyclists Across the Country Anxiously Await Court Decis

Unread post by totalmotorcycle » Sun Feb 20, 2011 9:18 am

Motorcyclists Across the Country Anxiously Await Court Decision on Constitutionality of New York's Motorcycle Checkpoint Program
PR Newswire

NEW YORK, Feb. 18, 2011

NEW YORK, Feb. 18, 2011 /PRNewswire/ -- 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 plaintiffs 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
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Motorcycle Checkpoints: American Bikers Need Not Deal with..

Unread post by ironboltbruce » Fri Mar 04, 2011 11:02 am

Motorcycle Checkpoints: American Bikers Need Not Deal with the Devil to Defeat Them

In their release entitled "11NR09 - MRF News Release - United States House of Representatives Bill to Prohibit Funding for Motorcycle Checkpoints" ( ) the Motorcycle Riders Foundation implies that American bikers should KISS Fascist Fat Jim Sensenbrenner's a*s so they can stay in General Population. To the contrary, I say that American bikers should KICK Fascist Fat Jim Sensenbrenner's a*s so they can help bring down the Prison!

Fat Jim Sensenbrenner is the sponsor of the USA Patriot Act:

Fat Jim Sensenbrenner is the sponsor of the REAL ID Act:

Fat Jim Sensenbrenner's next bill may eliminate all rights to privacy on the Internet:

If American Bikers have become such spineless Sheeple that they can only protect their rights by sucking up to the very people that are icons of all that we (should) oppose, then they deserve and should expect the ugly fate that awaits all COLLABORATORS when real freedom fighters wrest control from their fascist oppressors.



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Re: Motorcyclists Across the Country Anxiously Await Court D

Unread post by QuietMonkey » Sun Mar 13, 2011 11:03 am

The blatant prejudices that sometimes get put into law are mind boggling. I also remember some bi-laws in wealthy neighbourhoods banning all motorcycles as noise-pollution.


but for current stupidity the Lead Ban in the U.S. on anything sold to youths which stops youth ATV and motorcycle sales is the most absurd ever, and they've been fighting it for 2 years, but the bureaucracy is ridiculous. The motorcycling industry was granted a temporary stay from it's ruling after much protestation I believe but there is an ongoing legal tussle. How money is wasted because of sheer stupidity and slug-like speed of the system.
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