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Not_purple_s2
Posted on Saturday, May 12, 2007 - 07:21 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

Last night I rode up to Krystal's bike night. No sooner than I arrive the area is pinned in by about a dozen cops.
They requested everyone stand beside their bikes and be ready to present license and registration.
My first thought was that someone had been stunting or hauling ass on Airport Blvd and that the cops had followed them back to Krystals.
Well, it's a bummer but I've nothing to worry about so I stand by my bike.
I heard one of the cops say something about "If a bike doesn't have a owner, it will get towed."
A rumor started spreading through the crowd that the cops were looking for stolen bikes and that 10 bikes had been stolen in the last 10 days.
I had heard of some bikes being stolen so that wasn't a surprised.
But that many bikes stolen that quickly sounds like a professional job and I doubt they would be turning up at bike night at Krystals.

Eventually they let everyone go except for one bike.
The owner wasn't there so they ripped the seat cowl off to "look for drugs ".
They then had a flatbed truck come and load up the bike.
There was, however, a guy there who claimed to be the cousin of the bike's owner.
He gave them the owners name and assured them that it was not stolen.
The cops didn't claimed that it was stolen, instead they had it impounded as an "abandoned vehicle"
The guy's cousin was trying to call him but couldn't get an answer.
I talked to him about it after the cops had left and he said that his cousin had a suspended license and that might have been why he wouldn't come back when he saw the cops.
I'm sure the guy must have been up to something to not come back.
Maybe he had a few too many.
Maybe he had an outstanding warrant.
Even with all that it seems a stretch for the cops to tow a bike, claiming it as an "abandoned vehicle", from the parking lot of a krystals endorsed bike night.
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Crusty
Posted on Saturday, May 12, 2007 - 07:33 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

"Vere are your papers? Ve MUST zee your papers. You vill show dem, or dere VILL be unpleasant consequences."
Gestapo tactics arrive in the Homeland.
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65460
Posted on Saturday, May 12, 2007 - 07:42 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

I dont have a problem with what they did. While I see your point about that many bikes taken it that amount of time might have been done by pros, if it was my bike or yours that was ripped off, Im sure we would be happy they were doing what they had to to stop more bikes being taken. As far as the guy whos bike was taken because he didnt show up, if he was driving/riding on a suspended license, he was breaking the law. He got what he deserved.
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Buellshyter
Posted on Saturday, May 12, 2007 - 08:35 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

he was breaking the law.

The laws aren't just for the citizens. It also applies to those who write the laws, like the Governor of New Jersey, and to those that enforce the laws.
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Ryker77
Posted on Saturday, May 12, 2007 - 08:39 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

Probable cause... ?

They had no legal "probable cuase" to perform that type of arrest.

Anytime you are held without a valid reason it is "false arrest".

Not sure about the abandon vehicule law for that area. But my guess is there is a time period before such actions can be done. Otherwise they could just tow anything.

65460... The owner of the bike could have bike problems and was at the parts store. Could have walked next door to use a clean restroom.. They had NO right to DESTROY his bike.
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Rainman
Posted on Saturday, May 12, 2007 - 09:14 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

That's the same jackboot, neo-Nazi play they used in Spartanburg/Greenville at a big BMW rally about 15 years ago. It was an excuse to get the bad, bad bikers. They've pulled it on Gold Wing rallies for crying out loud. I have no problems with cops doing their job and catching me, but this isn't their job. It's wrong and a lawsuit in Greenville proved it. Of course, nothing came of it. If threw a few SOB chiefs in jail for 30 days, that stuff would stop.

I better stop before I tell how I really feel.
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Hdbobwithabuell
Posted on Saturday, May 12, 2007 - 09:50 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

I'd have a serious lawsuit on file the very next day if they even touched my bike on private property. If I had been there, I would have had a "stress induced panic attack" and an even bigger lawsuit. I might even have to call Jesse Jackson or the likes.
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Tx05xb12s
Posted on Saturday, May 12, 2007 - 10:46 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

Here here. I'm all for catching thiefs AND people driving on suspended licenses, but the cops need to follow the rules and respect a citizen's civil rights. This person was deprived of his property (after it was damaged during an illegal search) without due process of law. I'd be willing to wager a few dollars with an attorney on that little stunt too.
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Not_purple_s2
Posted on Saturday, May 12, 2007 - 11:01 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

I had mixed feelings at first...
The guy was probably no boyscout.
I really hope that they had some reason that they weren't telling.
Maybe when they ran the name and tag they found some records on the guy.

BUT.
Even if that is true I don't see how that gives them cause to search and impound the bike.
It was parked,legally, in a parking lot a business that was having a bike night.
I just kept thinking how, before this happened, I would have felt perfectly fine leaving my bike there and riding with a friend somewhere for a little bit.
I would have felt safer leaving my bike in a parking lot full of bikers than a regular parking lot.
Not anymore.
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Diablobrian
Posted on Sunday, May 13, 2007 - 12:09 am:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

what if the guy had "hooked up" with a lady friend and had gone home with her?
Happens all the time, is that just cause for impounding motorcycles?

Or, what if he'd had a couple of beers and gotten a ride home instead of riding his
bike, would that be a good enough reason to search and seize the bike? After all,
the bike committed no crime. (being an in-animate object) they even proved for all to
see that it had no contraband on/in it.

This looks really shady to me, they were looking to make an example and since they
weren't able to catch anyone in the act or with warrants etc the guy the unattended
bike and absentee owner got the short straw. The fourth amendment
( http://www.house.leg.state.mn.us/hrd/issinfo/clss4 th.htm ) is supposed to protect
us against this kind of behavior by our "public servants"
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Hardcorps
Posted on Sunday, May 13, 2007 - 02:29 am:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

In Michigan LEO has no right to impound pound vehicles from private property, given that the vehicle is not sought after in some sort of investigation. Or seen breaking a law on public streets, then pulling on to private property.

That said, if the police had some sort of agreement with the establishment about towing vehicles whole other story. Also they did not search his bike for drugs "THEY JUST DID AN INVENTORY FOR IMPOUND".

I think that we have to little of information here to jump to conclusion about what might have happened.
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Danger_dave
Posted on Sunday, May 13, 2007 - 02:42 am:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

So if I parked there, and then went somewhere else, for a burger or something, the 'authorities' would damage and remove my bike - simply because I wasn't there. Nice.

We get yanked for 'licence and rego' checks down here occasionally. Similar instances of line ups reported too.
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Kdan
Posted on Sunday, May 13, 2007 - 08:27 am:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

Man, if I ever get arrested, I'm calling you guys!

They wouldn't search and impound the bike without probable cause.
The guys cousin told some dude that he heard the guy who owned the bike was a preacher and a DEA agent on a raid at the time, so of course, it's the cops fault!! Is it bad weather where y'all are?
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Johntman
Posted on Sunday, May 13, 2007 - 09:03 am:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

ok, heres my take and you can tell me if I'm wrong. I'm sure you all will.

As for probable cause to ask the people to line up by their bikes, they didn't need it because they had articulable suspicion. the people standing by their bikes were not under arrest at the time and it was not a false arrest. you can be detained for a short period of time to be questioned on articulable suspicion, which is what they did, based on several bikes being stolen, and I'm sure other facts that we do not know.
As for towing the bike, it was a little out of place unless it did not have valid insurance coverage. In the state of georgia you have to have valid coverage or it gets the hook no matter where the vehicle is until you provide the tow company with the tow bill, storage fee, and valid insurance card. but if that wasn't the case, in georgia an abandoned auto can only be towed from private property by the property owner. Also as for the search, that was illegal too. they could look at the bike and anything in plain view would not be a search, but taking the seat cowl off went to far. but because they were only doing an "inventory search" since they were towing it. what if he came back and said i had left 4,000 dollars under the seat, and the police did not look there and properly inventory the money. then he'd want to sue them for his money, since i'm pretty sure their operating procedures tells they to inventory a towed vehicle.
yes there was some right and maybe some wrong that went on there, but we do not know all the facts.
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Not_purple_s2
Posted on Sunday, May 13, 2007 - 11:46 am:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

Well ruling out the whole he said, cousin said crap... cause I hadn't met that guy before friday night so I took everything he said with a grain of salt.

When the cops arrived I heard them say, "If you're not standing by your bike with your license and registration it will be towed."
But what good is that if the person isn't there to hear it.
The Krystal's personnel did not call the cops.
I know this for a fact because, when I went in to use the bathroom they asked me what was going on with the cops.
They towed the bike because the owner did not show up to show identification.
There was no other explanation offered.


I wasn't pissed about being detained and asked for ID. I understand that this can happen at anytime and it's my responsibility as a rider to keep my information on me and up to date. Of course, having the cops surround you and your friends while you're hanging out is a bit of a bummer.
But I think they went too far towing the guy's bike.
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Ryker77
Posted on Sunday, May 13, 2007 - 01:37 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

I'd have a serious lawsuit on file the very next day if they even touched my bike on private property. If I had been there, I would have had a "stress induced panic attack" and an even bigger lawsuit. I might even have to call Jesse Jackson or the likes.

I had a real problem of false arrest last year. Even have audio tape and got my case on local TV news. However as a white male in America -- good luck finding a lawyer. I was even ready to pay 2-5k in retainers. Very very few lawyers deal with this type of actions. None in that local area.

Then the cops have county funds to defend them. In my case the county was insured and they keep a $$$$$ very good lawyer on retainer, year round.
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Chainsaw
Posted on Sunday, May 13, 2007 - 01:39 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

Seems like a pretty clear violation of the Fourth Amendment.

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated; and no Warrants shall issue but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
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Ryker77
Posted on Sunday, May 13, 2007 - 01:46 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

As for probable cause to ask the people to line up by their bikes, they didn't need it because they had articulable suspicion. the people standing by their bikes were not under arrest at the time and it was not a false arrest. you can be detained for a short period of time to be questioned on articulable suspicion, which is what they did, based on several bikes being stolen, and I'm sure other facts that we do not know.


Not a valid legal arguement.

Bike are stolen all the time. So are cars. Drug use is also high. Illegals are also rampent.

That does not give cops the legal right to come to a trailer park and require all residents to come outside and search there homes.

That does not give cops the right to question every mexican to see if they are illegal.

"articulable suspicion" would have to be more specific. Like a red bike was just stolen. Or the thief is wearing a red helmet. Has to include more than ALL motorcycles.
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Paint_shaker
Posted on Sunday, May 13, 2007 - 03:41 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

Kdan..... LOL!!
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Buellshyter
Posted on Sunday, May 13, 2007 - 04:12 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

In Baltimore City it is illegal to own a dirt bike - period. They can be confiscated by the Police if they see one in your yard. This was done to curtail the riding of such vehicles on the public streets by the hoodlums. A 7 year old boy was arrested and handcuffed for sitting on his bike inside his own yard. Typical illogical liberal overkill
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Krassh
Posted on Sunday, May 13, 2007 - 04:47 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

That is freakin absurd. So I guess there are no dealers that sell dirt bikes within the city limits? Since it is illegal to own I would assume it is illegal to sell. The AMA usually steps up on these issues. I have not heard of that one before. More gestapo tactics. Didn't we win?
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Crusty
Posted on Sunday, May 13, 2007 - 05:15 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

They wouldn't search and impound the bike without probable cause.

If you really believe that, I'll give you one hell of a deal on a bridge.
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Buellshyter
Posted on Sunday, May 13, 2007 - 08:12 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

That is freakin absurd. So I guess there are no dealers that sell dirt bikes within the city limits?

I know of only one motorcycle dealer within the Baltimore City limits and I'm not sure if they sell dirt bikes or not, although I doubt they do because it's a small store. There are many dealers in the suburbs. The city government is looking into building a dirt bike park because contrary to the ban on dirt bikes the kids still ride them on the streets. The confiscated bikes aren't even sold at auction anymore. They are shipped off to Africa.
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Johntman
Posted on Monday, May 14, 2007 - 07:17 am:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

I believe their intent was good, maybe find a stolen bike or two and possibly curtail some of the issues they may have with unlicensed drivers or bikes with no insurance, but the execution of their plan was very poor.
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Diablobrian
Posted on Monday, May 14, 2007 - 08:54 am:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

well Johntman.... road to hell, paving material and intensions. You know how that fits together.

It doesn't matter how good the plan was if the implementation is done by a bunch of thugs.

Someone probably had a "thing" for riders and volunteered for the detail for a little payback
because mommy wouldn't let him get a motorcycle, or because a bike ran from him and got away,
or for whatever reason. Fascism is always explained away with "their intensions were good"
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Ducxl
Posted on Monday, May 14, 2007 - 09:11 am:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

What police district was this? I want to phone them for accurate details.I'll say i represent Wcop,or Wkil news.Will they explain?
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Honu
Posted on Monday, May 14, 2007 - 10:07 am:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

Cops arrive at big Mall. No owners present to show DL's amd proof of insurance. Tow and inpound all cars. This sounds logical.
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Rainman
Posted on Monday, May 14, 2007 - 11:30 am:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

http://www.myetv.org/television/productions/crime_ to_court/pdf/feb00gh.pdf

In 1994 the SC supreme court ruled such searches without consent as illegal. There are a lot of these incidents scattered across the country, most often in SC, GA, Fla and even here in Va and I don't understand why the cops can't get it right. Heck, at least half of them ride or want to.
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Howieshotrods
Posted on Monday, May 14, 2007 - 01:22 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

Very poor execution, even if it was truly good intentions. I have no issues with them checking my info, I've done nothing wrong, but I do have an issue with "fess up to this is your bike and show us your papers or we'll tow it".....especially when it is on private property. If it was in a public park, after closing, or with some other good reason, go ahead...it's public property.

Truly, if they were looking for people with invalid lisc., registration, or insurance that seems fishy to me....prove that I drove it here, it is parked in a private lot, how do they know it wasn't trailered down and dropped in the lot just to show it off (I have seen it happen before).

LEO should have stayed on the street and stopped anyone they suspected of anything after they had pulled out of the parking lot.

I appreciate "protect and serve", and if you catch me doing something wrong by all means stop me and ticket me. But the way that was done feels too much like Nazi Germany.....and very discriminatory, would they go to a kids soccer game and tell all the people to stand by there minivans with their papers because alot of minivans have been stolen....I THINK NOT!
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Ducxl
Posted on Monday, May 14, 2007 - 02:13 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

What town/state was it? Without facts this is all BS!
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