Monday, February 21, 2011
Motorcycle Checkpoints May End Up in Supreme Court
OFF THE WIRE
Disputing the Constitutionality of Motorcycle Only Checkpoints
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 TSA was created as part of the Aviation and Transportation Security Act, sponsored by Don Young in the house and Ernest Hollings in the Senate, passed by the 107th U.S. Congress, and signed into law by President George W. Bush on November 19, 2001. Originally part of the United States Department of Transportation, the TSA was moved to the Department of Homeland Security on March 25, 2003.
Originally posted by rakkasansct
This isn't just an attack on bikers. Look long range about this. If they do it to bikers and no one cares. Next it will be door-less jeeps at jeep jamborees. This is a stepping stone. Rest assured once they start doing it to bikers, in a couple years it will be another group. There far-reaching goal on this will be interstate checkpoints. Where everyone will be stopped and checked.
Originally posted by mikellmikell
They try to do that before bike week outside Surgis we just went by and they came after us. We stoppedand the police finally gave up finding out there was 3 lawyers in our group. We told them the hand written signs had no meaning and after about 30 minutes they gave up. They wanted to search for weapons and drugs we told them they were all in the motorhome and trailer that they didn't take a second look at
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.
...The Fourth Amendment (Amendment IV) to the United States Constitution is the part of the Bill of Rights which guards against unreasonable searches and seizures, along with requiring any warrant to be judicially sanctioned and supported by probable cause.
It was adopted as a response to the abuse of the writ of assistance, which is a type of general search warrant, in the American Revolution. Search and arrest should be limited in scope according to specific information supplied to the issuing court, usually by a law enforcement officer, who has sworn by it....
"The Maryland Division of Corrections has imposed a blanket requirement that applicants for employment with the Division, and all officers undergoing re-certification, provide the government with their social media account usernames and personal passwords for use in employee background checks.
This allows the DOC to access private messages, pictures and wall posts that are not intended for viewing by those who don’t have permission. www.facebook.com...
NAIS will put Livestock owners under closer surveillance than terrorists, illegals aliens, drug dealers, and convicted sex offenders/child molesters. Currently, only convicted sex offenders/child molesters have to register their premises. www.naisstinks.com
....The USDA has only put a new saddle on the same old horse. The program is no longer called NAIS, the new name is “ANIMAL DISEASE TRACEABILITY FRAMEWORK.”
The original document explaining NAIS consisted of 1200 pages, while this new version on traceability is only 7 pages of questions and answers. Our government is doing everything within its power to force this plan upon us in order to be in compliance with the World Organization for Animal Health (OIE). We are being told this new plan will be a kinder, gentler state-run program; however we will still have premise registration, although the word PREMISE has been changed to “UNIQUE LOCATION IDENTIFIER.”
The government is also trying to force sale-barns to tag all cows with the “840″ tags. “840″ indicates the animal originated in the United States. This is to keep us in compliance with the OIE. The United States is no longer in charge of its own policies, rather we are obliged to follow directives of the World Trade Organization (WTO), the Food & Agricultural Organization (FAO), the World Health Organization (WHO), including the Codex Alimentarius and the International Plant Protection Convention.....
The National Highway Traffic Safety Administration (NHTSA) gave Georgia a $70,000 grant to conduct one or more roadside motorcycle-only checkpoints. New York state has operated a similar program. The AMA has been tracking this disturbing development of motorcycle-only checkpoints since it first appeared in New York several years ago.
“The AMA believes that the primary source of motorcycle safety is in motorcycle crash prevention and not in arbitrarily pulling over riders and randomly subjecting them to roadside inspections,” [said Ed Moreland, AMA senior vice president for government affairs.]