| Author | Message | ||
     Corporatemonkey |
http://www.autoblog.com/2009/06/11/motorcyclist-su es-ny-state-police-over-motorbike-only-roadblocks/ Motorcyclist sues NY State Police over motorbike only roadblocks. Upstate New York has earned a reputation as the speeding ticket capital of the country, but even with overeager state troopers patrolling the highways, motorcyclists feel singled out by law enforcement. That's why one rider/attorney is taking the state police, along with county and state officials to court. According to one Mitchell Proner, the state's institution of roadblocks exclusively for motorcyclists is unconstitutional: the motorcyclist and personal injury lawyer claims that without justifiable cause, the checkpoints infringe on riders' First Amendment rights to freedom of assembly and association and their Fourth Amendment right to freedom from unreasonable search and seizure. Last year, the New York State Police conducted twelve such "safety checks" near motorcycle events, including the Americade biker gathering at Lake George, the largest such event in the Northeast – and the NYSP plan on conducting fifteen more this year. Proner claims to be filing the federal class action suite at the Federal Court for the Northern District of New York on behalf of his fellow riders. Whether he has a wheel to stand on is for the legal system to decide. | ||
| Greenlantern |
Be nice to see the issue tested, but I don't believe "he has a wheel to stand on", at least legally. Driving is a privilege and not a right ect. ect., truck/hunter checkpoints( precedent ), public safety, public perception......... That there is a pretty steep hill. | ||
| Brumbear |
I ride NY more than NJ and I have never seen one. I will say I don't ride the highways much and hardly ever go into Manhatten or the 5 boroughs on a scoot though | ||
| Xl1200r |
Brum, I have yet to see one as well, but I have heard first hand from friends (in cars) who have driven by them, sometimes with what looks like hundreds of bikes just sitting around waiting to get inspected. I hope to hell this guy has a leg in this. Be nice to see the issue tested, but I don't believe "he has a wheel to stand on", at least legally. Driving is a privilege and not a right ect. ect., truck/hunter checkpoints( precedent ), public safety, public perception......... Yes, driving is a privelidge, that's why I already got my permit, got my liscense, paid for my registration, paid for my inspection and paid for my insurance. If these cops want to sit on the side of road and chase down anyone that rides by with drag pipes, or a non-DOT helmet, be my guest. But what they are doing is essentially pulling over EVERY motorcycle, regardless of if they are doing anything wrong. Don't confuse these with the types of checkpoints the cops set up to ask you a quick question to smell booze on your breath, or make sure your registration and inspection are up to date as you drive by slowly. These motorcycle-only checkpoints require you to exit the highway and sit there while a cop takes a close look over your bike and your gear to see what he can write a ticket for. Like I said, they can park 25 patrol cars on the side of the road and chase down anyone they have a reason to, but stopping every single bike is WAY overkill. | ||
| Mortarmanmike120 |
Agreed Xl. Your 4th amendment rights don't go away just because its a privelege. (I disagree with the whole privelege thing anyway but thats another issue.) They are being detained and searched without cause | ||
| Greenlantern |
I'm with all of you on the opinions and observations of the problem, but this is not going to go away on legal ground alone. Unless there is a GREAT deal of exposure and public outcry (Not just the motorcycling community), The best we as a group could hope for is some tweaks to the current mode of operation that would make it a less intrusive( insert sarcasm here) procedure. I used to wonder why it was called the "Empire State"........ Now I get it. | ||
| Jaimec |
I don't believe this is a 1st Amendment issue, but it is DEFINITELY a 4th Amendment issue. Implied guilt because of your chosen mode of transportation??? Pulled over just because of the vehicle you use? I would have no objection to a roadblock/checkpoint for ALL vehicles, but see how long THAT would last with the AAA lobby. Pick on motorcyclists just because we're a small group. We're an "EASY" target. | ||
| Court |
I think (just reading this thread, I have not read the pleadings) that he is:
New York is doing some very onerous things. My riding partner is a 7 day a week/365 days a year rider and had been pulled over, sometimes, twice a week, for tons of bogus stuff. It will be interesting to watch this action proceed. | ||
| Hootowl |
I don't remember where I read this, but a US court once ruled that driving is a right, protected under the constitution's "life, liberty, and the pursuit of happiness" statement. If you can not drive a car in America, you can not work, buy food, etc. Thus, driving a car is a functional necessity of living in America for the vast majority of people and is a protected right. Sort of blows the licensing requirement out of the water, but hey, I have to have a permit to exercise my 2nd amendment right too. I also have to have a permit to hold a protest, in violation of my right to peaceably assemble. | ||
| Court |
We need a little "empathy" . . . where is a Latino Female when you need one? | ||
| Mortarmanmike120 |
Agreed Hootowl. That driving is a privelege thing gets thrown around so much everybody takes it at face value. This is not the 1700's anymore. Until there is a good public transportation system in place, the ability to drive directly affects peoples ability to freely travel. It all boils down to a 'right to use' of public lands. Doesn't matter if the public lands are national parks, roads, lakes, rivers, etc. I can think of no other legal system I'd want to live under but it is still woefully inadequate at judging these matters. But what do I know I'm just one of the unwashed masses. Court, I could go for a latina woman right about now... just not that one. | ||
| Hootowl |
There are latino females at some of the seedier bars in Houston's Montrose area. I prefer the latinas myself.  | ||
| Boltrider |
We need a little "empathy" . . . where is a Latino Female when you need one? Haha....Sotomayor? (Message edited by boltrider on June 12, 2009) |
