roadblock? sue!

[Woodsy]

from autoblog:

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.

http://www.autoblog.com/2009/06/11/m...ly-roadblocks/

[obsolete]

All check points are unconstitutional. They're B.S. in my opinion.

[spicy]

you're B.S. in my opinion

[obsolete]

I'm an ass, get it right!

[kb1]

Roadblocks are unconstitutional, no doubt about it, problem is that nobody stands up to fight it.

[Kurlon]

The AMA has been successful in torpedoing laws that single out motorcyclists, I don't see why that precedent wouldn't apply here?

[slammp]

I just crunch down (to be more aerodynamic) and blow through them (usually on one whell in flip flops while texting.

[Jonny Rocket]

I just crunch down (to be more aerodynamic) and blow through them (usually on one whell in flip flops while texting.

You, my Sir, are Icy Hott!

[SP GSX-R]

I just crunch down (to be more aerodynamic) and blow through them (usually on one whell in flip flops while texting.

[butcher bergs]

NY state sucks and this is just one more example of how. Too bad, really, because upstate is beautiful!

[Puppet]

The AMA has been successful in torpedoing laws that single out motorcyclists, I don't see why that precedent wouldn't apply here?

Maybe, but this is also the state that ignored the federal law regarding M/C's in the HOV lane and ticketed (and drug out for years) a case with a women on Saten Island.

It was a story in the AMA mag about a year or so ago

[richw]

Wille why do you rob banks ?

Wille Sutton " Because that's where the money is"

Stop the bike
find a problem
Give a no or low point ticket
collect the money

No speeding chases, no gas etc.

NY Statey did this in the past but it had the benefit of meeting their quota without having to issue moving violations that result in points and insurance increases.

The real purpose of the staties is roving tax collectors and this gets the job done in a relatively benign way

[Slyder]

All check points are unconstitutional. They're B.S. in my opinion.

Apparently there is the "unconstitutional zone" that ranges 100 miles of any national border. If you're within 100 miles of a border, you can be stopped and searched without reason, from what I understand. Hence why the border patrol agents are standing in I-91 just south of White River, right now, stopping every vehicle that passes through.

Lawyer vs Uncle Sam, be interesting to see what happens with that suit.

[dhuze]

Apparently there is the "unconstitutional zone" that ranges 100 miles of any national border. If you're within 100 miles of a border, you can be stopped and searched without reason, from what I understand. Hence why the border patrol agents are standing in I-91 just south of White River, right now, stopping every vehicle that passes through.

Lawyer vs Uncle Sam, be interesting to see what happens with that suit.

They used to do the same thing every year in Campton NH on bike week. I only went through once and they asked where I lived then said ok bye.

[Woodsy]

Apparently there is the "unconstitutional zone" that ranges 100 miles of any national border. If you're within 100 miles of a border, you can be stopped and searched without reason, from what I understand. Hence why the border patrol agents are standing in I-91 just south of White River, right now, stopping every vehicle that passes through.

Lawyer vs Uncle Sam, be interesting to see what happens with that suit.

if they stop all vehicles than it is semi-ok as long as it does not violate the statues of search. the road blocks in question target only motorcycles and let cars through. you cannot constitutionally single out one group of motorists with out just cause. now the question is can the state of NY show just cause for this roadblock.

[Slyder]

I know this kinda thing was real bad down on LI a few years ago. Not sure if it still is, but I am guessing so. I've also been in the greater Plattsburg area and had locals tell me the coppers had a check point on I-87 going. Interesting enough, he told us that as we were on bikes, he wasn't telling anyone in cages to be aware.

Maybe that's why NY is doing it, they know they can due to being the "zone"...if the constitution doesn't apply in the zone, F it, stop just the bikes I guess. I remember seeing posts from people on LI mentioning this stuff. Literally piles of bikes parked waiting to be towed. BUT if you're legal, right through you go without a problem.

Someone posted an email that was sent to department heads and what not. It said to stop all "rice rocket, crotch rocket bullet bikes. If it looks fast stop it" It even went on to sputter something about having plastics / fairing.

[danny86]

thats why rt 3 and 95 are 55 as opposed to being 65 like 93 and 495

everyone does the same speed on rt 3/95 as 93/495 yet the accidents/injuries don't differentiate .

$$$$$$$$$$$$