News

PA Biker’s Firearm Illegally Seized After Major Injury Accident

Information Liaison 0 4 Article rating: No rating

The MPP has reported extensively about the alarming trend of law enforcement and government officials charging individual with crimes, or having personal property seized simply for belonging to motorcycle clubs. Many of these instances are clear violations of the US Constitution. The following is a report about a Pennsylvania man’s ordeal. He has zero criminal history and is a legal Pennsylvania and Utah Concealed Carry Permit holder. While riding his motorcycle he was struck by a truck in a traffic accident. His firearm, nonsensically, was confiscated under the guise of being evidence in the investigation of a traffic accident. Such incidents highlight the urgent need for legislation addressing the practice of motorcycle profiling as recently urged by the unanimous consent of the US Senate. Although the incident happened in May, court proceedings begin tomorrow, September 18th.

 

The Incident

 

On May 11th, 2019, a member of the Pagan’s Motorcycle Club was traveling on Rt. 291, just outside of Philadelphia. A pickup truck driven by an uninsured, out-of-state driver pulled out of the left-hand shoulder of the road and hit the member’s Harley-Davidson motorcycle. He was thrown approximately forty feet from the motorcycle, receiving multiple, major injuries. Fortunately, traveling behind was a member of the Brookers MC, and his wife, both former EMT’s. She helped keep the victim calm and stable until an ambulance could arrive. While waiting for ambulance and police to arrive, the Pagan’s MC member gave the Brookers MC member his legally owned handgun to safely secure. The Bookers MC member placed the firearm in his truck inside the locked glove box. Once medics arrived and took over the scene, the victim’s jacket was unzipped and, according to the Bookers MC member’s wife, a Chester police office noticed a Pagan’s t-shirt, remarking “oh, he’s a Pagan.” While being loaded onto the ambulance for transport to a local hospital, another Chester police officer noticed the victim’s empty firearm holster.

 

The Seizure

 

The Chester officer asked the Bookers MC member if he knew where the firearm was. He informed the officer that he had taken possession of the firearm and would transport it to the victim’s home. The officer falsely stated that it was illegal and that he was required to seize the firearm. The Bookers MC member responded that he has a current and legal Concealed Carry Permit in the state of PA, and it is legal for him as such to take possession of said firearm. The officer demanded the firearm while he spoke with a supervisor about the law. The Bookers MC member complied and gave the officers the firearm. The officer returned to his squad car, and left the scene within five minutes, taking the firearm with him.

 

The Realization

 

After five days in the hospital with serious injuries, including head and brain trauma, the victim was cognizant enough to speak with his wife about the accident. He was informed that the police had indeed seized his firearm. When he spoke to a member of the Chester police department, he was told that his firearm was sent to Delaware County District Attorneys Criminal Investigation Unit (CID) for ballistic testing. He was told that he would have to petition the DA’s office for the return of his legally owned firearm.

 

4th Amendment Violation

 

“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be vio

Utah Police Admit They Profile MC Members

Information Liaison 0 7 Article rating: No rating

By Dave “Irish” Dohrmann

Motorcycle profiling is an issue that knows no state bounds. From coast to coast, police and other governmental agencies are violating the constitutional rights of Motorcycle Club members. Typical of this trend, six members of a motorcycle club in Utah were recently stopped on three separate occasions, all within an hour, simply for associating with what one sheriff supervisor referred to as a threat group. No traffic infractions were issued.

 

This incident is is just the most recent in the undeniable pattern of evidence.  Motorcycle profiling is proliferating nationally. The best hope of combating this epidemic is cost free legislation at the state and federal level that prohibits the practice and provides a mechanism of relief for victims.

 

Start of the Night

 

Just after midnight on August 18, 2019, members of the Undefined Limits Motorcycle Club decided to go on a ride in beautiful Utah summer weather.  Meeting at a Maverick gas station to pick a destination, MC members noticed two Utah police cars, carrying four officers, parked off in the distance. Member Buster, believing that a traffic stop was inevitable, waved the other members of the group to the front. At the first stop sign, a complete stop was made, and both feet were on the ground.  Regardless, Buster and a hang-around of the club were pulled over for a stop sign violation.

 

First Stop

 

Buster and the hang- around were pulled for a stop sign violation. The two sheriffs approached the riders with their hands on their firearms, and demanded identification. After providing their drivers licenses, for his and his brother’s safety, Buster informed the sheriffs that he was carrying a firearm, and had a legal CCW, even though no law in Utah dictates that holders are required to do so. The two riders were told to keep their hands on the handlebars, and keep their kickstands up, while one officer wrote the citation, and the other kept watch on the two riders. Thirty minutes into the stop, member Big Rig came back to the scene to check on the safety of his brothers. The sheriff demanded his identification since he “was on the scene.” No citation was given to Big Rig. The total time for the simple traffic stop of the two individuals, took a total of forty-five minutes, a clear violation of his civil liberties, as outlined in Rodriguez v. United States.

 

Second Stop

 

After twenty minutes of waiting, several riders decided to head back in the direction of the Maverick Gas station. While pulling onto I-89, member Clash noticed a Utah police car sitting in the darkness with all of the lights off. Once the group passed the parked patrol car, the officer immediately pulled out and approached the group.  Quickly the officer pulled over the rear rider, Clash, for an alleged turn signal violation. Clash was given a citation for an expired drivers license, and a warning for the turn signal violation. During the stop, the sheriff mentioned that the department had just “broken up” a party being held by another Motorcycle Club, and the sheriffs assumed the riders were coming from said party.

 

The Real Reason for the Stops

 

Club members Tech and R2 pull into the Maverick gas station and are immediately pulled over by one sheriff for yet another alleged turn signal violation. Member Tech asks to speak with a supervisor. Tech questioned the supervisor as the real reason for the stops, since six members were stopped in the previous forty-five to sixty minutes.  The supervisor responds, “ Why do   you think? Why do you think? “ Tech responds, “because we have this on?!” , referring to his vest. A Utah Police Supervisor responds, “You are documented, ok. The (club name) are a documented threat group, that’s how it is. So that’s why we’re doing this. That’s why

What You Should Know About Motorcycle Clubs

Information Liaison 0 45 Article rating: No rating

William Dulaney, a retired professor at the U.S. Air Force Air Command & Staff College, has conducted extensive research on motorcycle club culture as an observer and a participant. In recent years, he has consulted on many cases in defense of members of motorcycle clubs ranging from illegal weapon charges related to get back whips,  to the first Twin Peaks trial. His doctoral degree dissertation focused on the identity and culture of America’s outlaw motorcycle community.

 

As experienced by Aristotle, Einstein, and countless doctoral dissertations [i], conclusions and perspectives often evolve based on many factors. These factors include time spent in the field of participant observation, more expansive data collection, and expansion of geographic regions analyzed in-depth. The study of motorcycle club culture is no different.

 

Although Dulaney observed at the time of his initial writings that they were limited by geographic region and time spent in the field of observation, as is common with early academic studies [ii] [iii], some of Dulaney’s most recent observations based on years in the field were documented in a piece for CNN. [iv] He writes, “I’ve spent 15 years researching America’s biker culture and I can say with some authority that the reality of everyday life in motorcycle clubs is neither dangerous nor exciting.”  So why might some people have a different view?  

 

Media drives public perception

 

Dulaney explains, “Americans have a long established canon from which they “learn” about society from fictional dramas. And the more we watch shows like “Sons of Anarchy,” the more a news story will seem to fit our mental construct of “how those people are.”  And Dulaney’s research on media coverage of motorcycle clubs shows that when MCs are in the news it’s almost always for something terrible, not the numerous law enforcement abuses or profiling of patch-holders or the mundane everyday experiences of motorcycle club members.  He continues, “But here’s the thing: As we watch more crime drama, we perceive that crime is more prevalent than it actually is.”

 

The Blue Jay Syndrome

 

A criminal element exists in any large community. There are always “bad seeds.”  Dr. Dulaney would not disagree. But he would point to a phenomenon revealed by his recent studies that applies to motorcycle clubs termed The Blue Jay Syndrome. Like a blue jay robbing another’s nest for resources, a tiny percentage of individuals are able to take advantage of the tight-knit structure of a motorcycle club for their own selfish or even criminal purposes, and then flee the nest when they’ve depleted and damaged the structure. [v]  Although this is not representative of the vast majority of motorcycle club members across the wide-spectrum of clubs, these false perceptions of widespread criminality are largely drawn by media constructs, both entertainment and sensationalized news.

 

Findings related to profiling.

 

Motorcycle profiling, an issue that has gained momentum in recent years and is now a national discussion, has also emerged in Dulaney’s recent observations.  He argues, “In over a decade of sifting through discovery evidence and testifying in federal RICO and state gang-enhancement trials across the US a model of law enforcement behavior has emerged.  Read more

San Antonio Police Say Wearing MC Colors In Public Is A Crime

Information Liaison 0 41 Article rating: No rating

Motorcycle profiling is an epidemic in Texas demanding judicial and legislative relief. It appears that the level of unconstitutional absurdity has reached new heights. As captured on video, members of a motorcycle club were cited by officers in San Antonio for Disturbing the Peace for displaying their motorcycle club insignia in public, which the officers considered a public display of gang colors. The officer’s actions are outrageous and blatantly unconstitutional under both the 1st and 4th Amendments to the US Constitution. All officers in San Antonio, and throughout Texas, should immediately cease and desist from any further illegal seizures and citations based on the fact that a person is riding a motorcycle or wearing motorcycle club-related insignia.  

 

Motorcycle profiling an epidemic in Texas

 

  This incident in San Antonio is only one of the most recent incidents documented and reported across the state. According to the 2018 National Motorcycle Profiling Survey (NMPS) Executive Summary, Texas is among the worst states for reported incidents of profiling in America. The 2018 NMPS confirms the wide-held belief among motorcyclists in Texas that incidents of profiling have dramatically proliferated since the Twin Peaks tragedy that occurred on May 17, 2015. The 2018 NMPS shows a 100% increase in the percentage of survey participants reporting incidents of profiling in Texas since 2013.  

 

 

Impact on civil liberties

 

Being stopped and cited for wearing motorcycle club colors under the guise of disturbing the
peace would be laughable if it weren’t actually happening. Wearing motorcycle club colors in
public has been recognized by federal courts as expressive conduct protected by the 1st
Amendment. Moreover, wearing motorcycle club colors is not reasonable suspicion of a traffic
infraction or criminal activity, the minimal threshold for a seizure under the 4th Amendment.  

 

Independent of this obvious misapplication of statute, profiling incidents take many forms and
impact a wide array of civil liberties. Motorcycle club members with a legal License to Carry
have been arrested for possession of legal firearms simply for being a member of a motorcycle
club. Club members have been stopped and threatened with jail if they didn’t submit to having
every tattoo on their bodies photographed against their consent. Unfortunately, the fact that
these attacks on civil liberties impact well established rights and fly in the face of well
established judicial precedent has not been a deterrent to law enforcement.  

 

Video is critical to fighting back

 

The video captured in San Antonio could be a critical piece of evidence demonstrating the
essential facts required to successfully defend against the infraction and maybe file for an
injunction against the practice of stopping and/or citing a person for wearing motorcycle club
colors. The facts are all contained in a short video. The individuals in the video are being cited
for Disturbing the Peace because wearing motorcycle club colors is displaying gang colors in

Louisiana Unanimously Passes Anti-Motorcycle Profiling Law

Information Liaison 0 53 Article rating: No rating

On June 3, 2019 Louisiana became the third state in America to unanimously pass legislation addressing the issue of motorcycle profiling when the Louisiana House voted 103-0 in favor of HB 141, and concurred with the Louisiana Senate’s 38-0 approval with amendments the day before. Following similar laws in Washington State (2011) and Maryland (2016), HB 141 requires motorcyclist profiling training to be integrated into current training on biased policing. Notably, Louisiana is the first state to pass a law following the US Senate’s unanimous approval on December 11, 2018 of a resolution directing every state to follow Washington and Maryland’s lead.

Louisiana’s victory, a result of Representative Howard sponsoring ABATE of Louisiana Inc.’s grassroots driven efforts- with the support of the Louisiana Confederation of Clubs, the National Council of Clubs and the MPP- are important for a number of reasons. HB 141 will reduce incidents of profiling in the short and long-term. Also, HB 141 demonstrates that motorcycle profiling is a non-partisan issue impacting motorcyclists in blue and red states alike, regardless of party affiliation. This, in turn, will likely make things a bit easier for the next state, and even the federal government, to address the issue.

Reducing incidents of profiling.

Mandatory motorcycle profiling training will bring a greater awareness of the issue to law enforcement in Louisiana. This will, in turn, reduce incidents of motorcycle profiling. But even before the first officer is trained, the increase in awareness of the issue as a result of legislative action will likely have a more short-term impact.

Using Washington State as the example with the most data, based on the reduction in reports to the WA State Council of Clubs, integrating motorcycle profiling training into current training on profiling noticeably reduced incidents of profiling in the state. The impact was immediate and, the MPP believes, most likely the result of an immediate increase in awareness.

Although some profiling incidents do still occur, reported incidents are nowhere near pre-2011 levels. Importantly, when challenged in court, most incidents that do occur result in dismissals. But the key to maintaining a reduction has been continued diligence from the same community that pushed for a new law in the first place.

Unanimous Consent

Notably, laws addressing motorcycle profiling have been the result of legislation passed without a single no vote, in any committee or on the floor, in Washington State and Maryland. Louisiana proudly continues this trend with HB 141, also passing all legislative stages unanimously.

Laws addressing motorcycle profiling are nonpartisan, speaking to a broad base of legislators on both sides of the aisle. Louisiana is far more conservative than Washington State or Maryland. HB 141 demonstrates that discriminatory policing is equally condemnable by the left and the right, particularly the targeting of an entire community defined by the 1st Amendment. Motorcycle profiling is an issue providing the opportunity for collaboration and cooperation unbound by party affiliation that every legislator should openly support.

A Word of Caution

Passing a law addressing motorcycle profiling is a noticeable accomplishment that should not be undersold. ABATE of Louisiana has driven a grassroots effort into the end zone. Although nowhere near pre-2011 levels- the year the law passed- motorcycle profiling incidents still do occur in Washington State. Maintaining a grassroots infrastructure in the form of the Washington State Council of Clubs and Washington State ABATE provides a place for victims of profiling to report their incidents and receive advice and in some cases legal assistance.

Many dismissals have been granted since 2011. Many of these individuals received advice or assistance fr

RSS
1234567

Disclaimer

Some articles listed on this website are sometimes taken from several online news sources via published RSS News Feeds. The aggregated content does not necessarily reflect the opinions of the Officers, Participating Clubs, or Indepenant Riders of  the Texas COC&I Region 3. This website supplies this aggregated news feed content as a service for informational, educational, and entertainment resource. All news feeds are provided on an “as is” and “as available” basis. Copyright of the news feeds reserved by respective sites and this website doesn’t alter any link & content of the news feeds.

Texas COC&I Region 3 Officers, Participating Clubs, or Indepenant Riders makes no representation, warranty or guarantee as to the accuracy or completeness of the information contained in any News, Research, Analysis or Opinion provided by this service. Under no circumstances will Texas COC&I Region 3, its officers, participating clubs, independant riders, agents or affiliates be held liable by any person or entity for decisions made or actions taken by any person or entity that relies upon the information provided here.