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Gas Man
10-07-2010, 10:49 PM
AMA (American Motorcyclist Association) and the NMA (National Motorist Association) has formally questioned the potential discriminatory and legal nature of Motorcycle Only Checkpoints or Roadblocks administered by the National Highway Traffic Safety Administration (NHTSA). Law enforcement officials may defend the program as a safety measure to decrease motorcycle crashes, injuries and fatalities, but here is no proof of its effectiveness. The practice, first modeled in New York State, has drawn the ire of thousands of motorcyclists nationally. NHTSA is now seeking up to five other law enforcement agencies, besides the state of New York, to participate in motorcycle-only checkpoints, and is offering $350,000 in federal funding.
The National Motorists Association has always opposed roadblocks, of any kind, and for any purpose other than warning travelers of an unforeseen danger; e.g. a collapsed bridge, flooded roadway, or multi-vehicle crash scene. Therefore it stands to reason that we would oppose the National Highway Traffic Safety Administration’s (NHTSA) issuance of financial grants to fund motorcycle only roadblocks.
The AMA believes that the best way for NHTSA to reduce motorcycle crashes is to employ proven strategies, such as rider education and motorcycle awareness programs, that decrease the likelihood of crashes from ever occurring. These strategies must be research-based. Motorcyclists would be much better served by applying the funding to the national motorcycle crash causation study. To urge your Representative to support this important resolution

Take action and fill out a letter to your represenative.
http://capwiz.com/amacycle/issues/alert/?alertid=15219101

Bob
10-08-2010, 07:36 AM
Do they have a list of Michigan reps?

Mad Dog
10-08-2010, 12:38 PM
Yup, they have been doing it her for a while now. Last year they set up at the bridges to Canada on Friday the 13th for the Port Dover Rally.:(

telecast
10-08-2010, 12:44 PM
Do they have a list of Michigan reps?

You don't need a list. Click on the bottom link in Gas' post, it opens a window. Scroll down and put in your zip code. It automatically brings up a composed letter to your congressman. Just fill in your info and hit send. Piece of cake.

telecast
10-08-2010, 01:01 PM
A Dingell automated response:

"Thank you for contacting me to express your views. I enjoy hearing from residents of Michigan's 15th Congressional District. You will receive a response as soon as possible. Please be patient as I receive thousands of pieces of mail every week. If you need immediate assistance, please call my Dearborn office at (313) 278-2936."

Dirty
10-08-2010, 01:50 PM
How to get through a check point...

http://www.youtube.com/watch?v=IIupHbRTpb8

PS: His sign says:
ATTENTION POLICE
I hereby assert my right to remain silent.
I DO NOT consent to answering any questions. Do not ask me any questions without my attorney present.
Probable cause or consent is required to conduct a search.
I DO NOT consent to a search of my person, property or vehicle
Further detention requires probable cause or consent.
I DO NOT consent to being detained
I WANT TO LEAVE IMMEDIATELY. PLEASE ADVISE ME AS SOON AS I AM FREE TO LEAVE.

Flex Your Rights Website (http://www.flexyourrights.com/faq)

telecast
10-08-2010, 03:16 PM
That's pretty funny, but I don't think I'd try it without a video camera handy.

Mudpuppy
10-08-2010, 05:11 PM
or the Michael Irvin response - "I don't know anything about anything".

Bob
10-08-2010, 08:55 PM
Remember after 9/11 all of the roadblocks trying to catch illegal aliens? Freaking get stuck in one of those and you where backed up for a while, especially if there was a non white person ahead of you. LOL A guy I know was pulling up to one and he had a Mexican worker of his in the truck with him. He did a u-turn because he knew he'd be stopped and they say him make the u-turn and chased him down anyway. Nothing illegal he just was going to take another route to save time.

Gas Man
10-08-2010, 10:02 PM
How to get through a check point...

http://www.youtube.com/watch?v=IIupHbRTpb8

PS: His sign says:
ATTENTION POLICE
I hereby assert my right to remain silent.
I DO NOT consent to answering any questions. Do not ask me any questions without my attorney present.
Probable cause or consent is required to conduct a search.
I DO NOT consent to a search of my person, property or vehicle
Further detention requires probable cause or consent.
I DO NOT consent to being detained
I WANT TO LEAVE IMMEDIATELY. PLEASE ADVISE ME AS SOON AS I AM FREE TO LEAVE.

Flex Your Rights Website (http://www.flexyourrights.com/faq)

That vid was awesome... watching part 2 now.

I was telling the wife, if I had a bike only check point I would object to anything and everything. I guess same goes for any check point. I don't agree with them.


That's pretty funny, but I don't think I'd try it without a video camera handy.

Well my blackberry has a video camera....

Gas Man
03-04-2011, 05:05 PM
Georgia State Justifies Motorcycle Checkpoints (Locations Disclosed) from Cyrils Blog (http://www.cyrilhuzeblog.com/2011/03/03/georgia-state-justifies-motorcycle-checkpoints-location-disclosed/)


http://www.cyrilhuzeblog.com/wp-content/uploads/Georgia_State_Patrol_Logo1.jpg


The Georgia Department of Public Safety (DPS) has received a grant from the National Highway Traffic Safety Administration (NHTSA) to collect data over the next two years to improve motorcycle safety. The $70,000 grant will be used to conduct six, one-day safety checkpoints between March 1 of this year and December 31, 2012.

Lt. Colonel Mark McDonough, DPS Deputy Commissioner, said that Georgia saw a sharp increase in the number of fatal crashes involving motorcyclists between 2005 and 2008 as the number of motorcycles registered in the state reached an all-time high. There were 167 motorcycle operators or passengers killed in crashes in 2008. He said Georgia State Patrol launched specialized patrols that included aviation support during the summer months when weekend motorcycle traffic is the heaviest. The enforcement effort along metro Atlanta interstates is focused on motorcycle operators traveling at a high rate of speed, weaving in and out of traffic, traveling in the emergency lane, or driving recklessly around other vehicles.

“The first step in reducing motorcycle deaths was the educating of all drivers of the dangers motorcyclists face on our roads, and now the next step will combine enforcement and education to enhance the safety of motorcycle operators and passengers,” he said. “We will be checking to make sure the operator has the proper class of license to operate a motorcycle and a DOT-approved helmet. We will also check that the motorcycle is in good operating condition with good tires, a headlight, and a taillight that is working.” The Lt. Colonel said troopers will be concentrating on the basic violations to protect the operator and passenger in the event of a crash and minimize the injuries they sustain.

The first safety checkpoints of 2011 will be conducted Wednesday, March 9 from 8 a.m. until 5 p.m. along Interstate 75 at the Southbound Commercial Vehicle Inspection Station in Monroe County. During the same time period, another checkpoint will be established at the Southbound Commercial Vehicle Inspection Station along I-95 in Chatham County, north of Savannah.

Lt. Colonel McDonough said the checkpoints will operate in the same manner as passenger vehicle safety checks conducted each day across the state. Motorcycle operators will be directed by portable highway signs to exit the interstate at the inspection stations where troopers or officers will check that the operator has the proper class of license for the vehicle, a valid tag, a federal DOT-approved motorcycle helmet, and that the operator is not under the influence of alcohol. “For the average operator with the proper license and equipment, the delay should be about a minute,” he said. Additional safety checks will be held in the spring and fall this year. (source Rome News, GA)

Gas Man
03-04-2011, 05:05 PM
It's a win win for the budget strapped state budgets. They get paid $70k to cover LEO wages and equipment useage. Then they also get revenue from the tickets.

More info on the constitutional aspects (http://www.cyrilhuzeblog.com/2011/02/19/are-motorcycle-only-checkpoints-unconstitutional/)

states...


The Supreme Court of the United States has repeatedly confirmed that any checkpoint whose primary purpose is general crime control constitutes an unreasonable search and seizure under the Fourth Amendment and is presumptively unconstitutional.

Gas Man
03-04-2011, 05:06 PM
AMA is working to support legislation against this type of stops
http://www.americanmotorcyclist.com/Rights/IssuesLegislation.aspx

Mudpuppy
03-04-2011, 07:12 PM
i got a checkpoint, IN MY POINTS.. fucking nazi fascists..

Fix
03-05-2011, 11:18 PM
Careful if you do film a stop. I'm pretty sure Michigan has a law against recording someone's voice without consent. I'm not a lawyer, so check for yourself.

Gas Man
03-05-2011, 11:21 PM
It was just proven I think by the supreme court that we are allowed to video tape the police. Wiretap and privacy laws don't apply. Something to the effect that they are public workers and are subject to viewing and taping by the public.

zamochit
03-06-2011, 09:49 PM
I'm not stopping for shit.... they will have to cause an accident to get me to stop for their Nazi shit. if people are going to allow this shit then they are fuck in nuts. Where is this fuck in cop that was on here what's he got to say?

Gas Man
03-07-2011, 12:02 AM
I will stop, cause I have to, but I will not co-operate like a sheep. I will not answer questions, you will not get any of my paperwork, you will not check my (50 state street legal) pipes, you will not ask me to operate my turns or brake lights, no you can not check my (DOT) helmet, and no you can not see my ID. They will have to give me a direct law that I'm breaking as to why they are detaining me. Then the law it is, better be a first offense (pull over-able violation). Then if I get off my bike, I will shut it off, and lock the steering.

If I was in a car for a checkpoint, I wouldn't even lower my window more than 2"-3". Also, if you are asked to get out with valid reason, shut off your car, get out, lock it, and put the keys in your pocket, then tell the cop you do not authorize a search of the car or for an officer to operate it.

Always Remember... the Nazi's had check points too!

Dirty
03-07-2011, 09:48 AM
What pisses me off is that if you are concealed carrying (which I believe a lot of us on these boards do) we are required to notify law enforcement immediately in any encounter that we have a cpl and a firearm. I think this would qualify as 'an encounter' and opens the door for demanding paper work and who knows what else. If you don't tell and they run your plate and find out you are carrying I think you open yourself up for some big problems...

Mudpuppy
03-07-2011, 10:07 AM
Ok tough guys. I am going to sit at the checkpoint and film you groveling at the feet of the officers.

They did this last year in North Carolina but I missed the checkpoint by like 20 minutes. I came flying around a corner and saw two NC State Troopers on the dam on hellbender and they had just got there. The one just shook his head at me. I got word later they were stopping any and all bikes when a snob of the corvette club was talking about it at the dg resort.

wormdjd
03-07-2011, 12:26 PM
Just a little background on checkpoints in Michigan:

In the early 1990's, the U.S. Supreme Court determined that checkpoints (in that case sobriety checkpoints) were constitutional under the U.S. Constitution in a case that originated in Michigan. However, when the case was sent back to the Michigan Supreme Court to change their prior ruling, they determined that the Michigan Constitution provides the citizens of our great mitten shaped state with greater protections and determined checkpoints were unconstitutional under our state constitution. So, while you may see border patrol setting up checkpoints to look for illegal aliens under programs established by G. H. W. Bush, you will not see state, county, or local police setting up checkpoints, or if you do, a decent lawyer will be able to get the case thrown out.

Gas Man
03-07-2011, 10:25 PM
What pisses me off is that if you are concealed carrying (which I believe a lot of us on these boards do) we are required to notify law enforcement immediately in any encounter that we have a cpl and a firearm. I think this would qualify as 'an encounter' and opens the door for demanding paper work and who knows what else. If you don't tell and they run your plate and find out you are carrying I think you open yourself up for some big problems...

But the cars are plated in the wife's name. :D

Honestly, I don't think it's required it's more of a courtsey.


Ok tough guys. I am going to sit at the checkpoint and film you groveling at the feet of the officers.


I don't think so.


Just a little background on checkpoints in Michigan:

In the early 1990's, the U.S. Supreme Court determined that checkpoints (in that case sobriety checkpoints) were constitutional under the U.S. Constitution in a case that originated in Michigan. However, when the case was sent back to the Michigan Supreme Court to change their prior ruling, they determined that the Michigan Constitution provides the citizens of our great mitten shaped state with greater protections and determined checkpoints were unconstitutional under our state constitution. So, while you may see border patrol setting up checkpoints to look for illegal aliens under programs established by G. H. W. Bush, you will not see state, county, or local police setting up checkpoints, or if you do, a decent lawyer will be able to get the case thrown out.

Good to know.

Mudpuppy
03-08-2011, 09:37 AM
ok tough guy...

WILEY
03-08-2011, 11:54 AM
But the cars are plated in the wife's name. :D

Honestly, I don't think it's required it's more of a courtsey.

You are required to tell the officer you have a CPL EVEN IF YOU DONT HAVE YOUR GUN WITH YOU.

Think its about a 160 buck fine if you dont.

telecast
03-08-2011, 12:38 PM
Honestly, I don't think it's required it's more of a courtsey.


Wrong, it's the law and they can take the gun if you don't.


You are required to tell the officer you have a CPL EVEN IF YOU DONT HAVE YOUR GUN WITH YOU.

Think its about a 160 buck fine if you dont.

No, you're not. You only have to tell them if you have it on you. And it's a $500 fine the first time plus CPL suspension.

Proper Conduct During Encounters with Police



Responsibilities of Individuals With a CCW License:
An individual licensed to carry a concealed pistol who is stopped by a police officer (traffic stop or otherwise) while in possession of a pistol shall immediately disclose to the police officer that he or she is carrying a concealed pistol either on their person or in their motor vehicle.




Failure to disclose this information to a police officer carries the following penalties:




First offense = State Civil Infraction - $500 fine and 6-month CCW license suspension.
Second offense = State Civil Infraction - $1000 fine and CCW license revocation.



An individual licensed to carry a concealed pistol shall have the license in his or her possession at all times he or she is carrying a concealed pistol.




Failure to possess CCW license when carrying a concealed pistol is a State Civil Infraction and a $100.00 fine.



Upon request, an individual licensed to carry a concealed pistol shall show both of the following to a police officer:




His or her license to carry a concealed pistol
His or her driver license or personal identification card




Failure to show CCW license and Michigan driver license or Michigan personal identification card when carrying a concealed pistol is a State Civil Infraction and $100.00 fine.



A pistol carried in violation of numbers 1, 2, or 3 is subject to immediate seizure by a police officer.




If a weapon is seized for failure to possess a CCW license while carrying a concealed pistol:




Individual has 45 days in which to display their license to carry a concealed pistol to the law enforcement agency that seized the pistol and the pistol shall be returned.


If the individual does not display their license to carry a concealed pistol within 45 days the pistol is subject to forfeiture.

To Ensure Safety During Police Encounters If you are stopped by a law enforcement officer you should:



Keep your hands where an officer can see them.
Cooperate fully with the police officer.
If you have a gun with you, tell the police officer as soon as possible.
Do not make any quick movements, especially toward the weapon.
If in a vehicle at night, turn on your vehicle's dome light.

In certain circumstances, a law enforcement officer may take temporary possession of the weapon during interaction with the individual to ensure the safety of the officer and others. The police officer will return the pistol at the end of the stop unless the individual is being charged with a violation of the act or any other law that allows for the weapon to be seized.

SportstersPaul
03-08-2011, 02:53 PM
Thank you for that Mr. Tim. And believe me following the above seems to be more helpful than the opposite. I've been stopped several times over the last few years and, knock wood, not picked up a ticket to date. Of course it could be the "chrome" hair and age coming to play as well. Damn, I hope I haven't jinxed myself.

Gas Man
03-08-2011, 11:44 PM
THank you Tim. So only if I'm carrying... OK WELL... that is all the time. SO I have to continue to inform. Fuckers!

I think it also said that when in other states of recipocity, you have to follow the strictest of the laws between those 2 states. Kinda is a advertisement for federal standard gun laws. I think Texas should write the federal laws.

Gas Man
03-08-2011, 11:59 PM
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.
For more information contact: Mitchell Proner 212
986-3030 or MProner@Prolaw1.com (MProner@Prolaw1.com)

SOURCE Proner & Proner
__________________

WILEY
03-09-2011, 08:46 AM
Wrong, it's the law and they can take the gun if you don't.



No, you're not. You only have to tell them if you have it on you. And it's a $500 fine the first time plus CPL suspension.

Proper Conduct During Encounters with Police



Responsibilities of Individuals With a CCW License:
An individual licensed to carry a concealed pistol who is stopped by a police officer (traffic stop or otherwise) while in possession of a pistol shall immediately disclose to the police officer that he or she is carrying a concealed pistol either on their person or in their motor vehicle.




Failure to disclose this information to a police officer carries the following penalties:




First offense = State Civil Infraction - $500 fine and 6-month CCW license suspension.
Second offense = State Civil Infraction - $1000 fine and CCW license revocation.



An individual licensed to carry a concealed pistol shall have the license in his or her possession at all times he or she is carrying a concealed pistol.




Failure to possess CCW license when carrying a concealed pistol is a State Civil Infraction and a $100.00 fine.



Upon request, an individual licensed to carry a concealed pistol shall show both of the following to a police officer:




His or her license to carry a concealed pistol
His or her driver license or personal identification card




Failure to show CCW license and Michigan driver license or Michigan personal identification card when carrying a concealed pistol is a State Civil Infraction and $100.00 fine.



A pistol carried in violation of numbers 1, 2, or 3 is subject to immediate seizure by a police officer.




If a weapon is seized for failure to possess a CCW license while carrying a concealed pistol:




Individual has 45 days in which to display their license to carry a concealed pistol to the law enforcement agency that seized the pistol and the pistol shall be returned.


If the individual does not display their license to carry a concealed pistol within 45 days the pistol is subject to forfeiture.

To Ensure Safety During Police Encounters If you are stopped by a law enforcement officer you should:



Keep your hands where an officer can see them.
Cooperate fully with the police officer.
If you have a gun with you, tell the police officer as soon as possible.
Do not make any quick movements, especially toward the weapon.
If in a vehicle at night, turn on your vehicle's dome light.

In certain circumstances, a law enforcement officer may take temporary possession of the weapon during interaction with the individual to ensure the safety of the officer and others. The police officer will return the pistol at the end of the stop unless the individual is being charged with a violation of the act or any other law that allows for the weapon to be seized.

Thanks. I was misinformed.(by a Clinton County Sheriff no less)

telecast
03-09-2011, 09:16 AM
Thanks. I was misinformed.(by a Clinton County Sheriff no less)

Typical, most cops don't even know the rules. If you think that's bad, ask a cop if you can holster a gun in plain view and walk down the street.

Gas Man
03-09-2011, 07:23 PM
Typical, most cops don't even know the rules. If you think that's bad, ask a cop if you can holster a gun in plain view and walk down the street.
Yeah most will say no. But truely michigan laws states you can.

Gas Man
01-16-2013, 05:13 PM
This is still a HOT issue!!

Let's not allow them to discriminate against bikers.

http://www.asphaltandrubber.com/news/motorcycle-only-checkpoint-petition-faq/

Moesride
01-16-2013, 06:23 PM
Just signed...........

Bagger Dave
01-16-2013, 07:46 PM
Just signed...........
me too! already signed!