0


I kind of equate this with DUI check points. LEO's should have a reason for stopping any vehicle. Driving late at night with a bike in your truck does not constitute a valid reason. Just as driving from a bar area does not constitute a reason. The rights of free people are not taken all at once, they are eroded over time and usually under the guise of protecting you.
-Alex
I can resist everything but Pete's mom.
tell u what, if u do ever get pulled over for trailing an unregistered bike & cited then u can always win in court. the statute words "operate, push, draw, tow allow to remain" are very specific to those exact words. the word "trailing" however is not in that statute so if u want to get very very technical then yes, u r not in violation of c90 s9. but would "trailing" be considered "drawing" or "towing"? maybe but it will probably vary from judge to judge, cop to cop. the trooper in this case more then likely stopped them for that reason, & not because they were bikes on a trailer @ 3 am. the most simplest solution would be to cover up your bike/ car. & no a cop cant pull u over for "looking suspicious"
there r exemptions to the rule & dealer plates happens to be 1 of them. so take it for what it's worth
Well courts have up held checkpoints based on the greater public good in spite of the violation of the 4th amendment.
-Alex
I can resist everything but Pete's mom.
yea its a grey area these laws of ours. but like i said before, u get one of these asshole cops that wanna bash your head in just for not using your directional then we r all fucked
the key here is that when a motor vehicle is not touching a public way, it's not covered under any section of chapter 90. i realize you could argue the motorcycle is being towed/pulled by the trailer, but so is your toolbox, your tent, your beer, and your gear...and it's all irrelevant, because none of it is covered by 90 in the first place. the only two that are covered by 90 are the towing vehicle and the trailer itself, because they are in direct contact with the road.
here's another common situation: large vehicle transport trailers regularly carry numerous unregistered cars/trucks to dealerships. these trailers have regular commercial plates (not dealer/repair) yet are not in any way violating chapter 90 by doing so - the vehicles are classified as cargo while on the trailer.
the only part of 90 i can think of that could potentially involve a trailered motorcycle is improperly secured load - but that's got nothing to do with it being a motorcycle, as it could be any load (crates, bags of cement, bananas) transported in an unsafe manner. even in this case, it's still the trailer that is actually in violation the law...not the motorcycle.
- Jamie
2009 K 1300 S
I don't think he has a 'right' to pull me over. However, he was polite, asked me politely for my documents AFTER explaining that he wanted to check that the bike was not stolen as it had no plate# to check. He was quick with checking the documents and had us on our way in 2 or 3 minutes. No problem for me.
The only problem I had was he woke me up!
Jay
2013 gixxer 750
2009 Ducati M1100s
2017 KTM exc-f 350
I think you are mistaking cop hating for not agreeing with the motivation of a stop. I can't speak for anyone else but I have nothing but respect for LEO's and always treat them with said respect in all encounters with them. This includes when I legally defy them (not consenting to searches). I just don't agree with the violation of 4th amendment rights in conducting law enforcement. I tend to place more blame on the legislators and the Justices that set precedent that allow for unconstitutional search.
LEO's tend to want to solve crime by whatever means are necessary, just like military members want to fight unrestricted by the LoAC. This is admirable and what most people want to do. However it violates the rights of citizens. Therefore these actions are kept in check by the system of checks and balances.
-Alex
I can resist everything but Pete's mom.
Hear is the fix for this thread. If its on a public way its fair play even if its being towed, trailered or on a flying carpet. The charges may not holdup in court but you will have to take the day off to go to court and if you don't show up for court you are fucked. Which ever way it goes someone is getting paided and someone is losing time or money.
I think the general consensus is that it's not fair play. Someone is getting paid, but it is a waste of taxpayer money and police time. And why would a police officer want to go to court and look silly in front of the magistrate for writing tickets for something that is clearly not an offense?
Ok, let me bring it down a notch for you....If a police officer see a vehicle on a public way with no plate or for what ever reason he may want to come up with or even if the officer thinks something is not right, there is thing out there called probable cause which gives him the right to stop that vehicle. So if he finds nothing wrong he will send you on your way but if he does find something, you will not win in a court of law because he had probable cause to stop you in the first place. The part about the officer looking silly in court is considered a lesson so next time he comes accross the same thing he will make sure he does it right and proper so it sticks.
And as for taxpayers money I don't even want to go down that 700 Billion dollar road.
Are we done with the legal mumbo-jumbo panties in a bunch crap yet?
The REAL question here, is why were you just getting into town at 3 am?? Jersey ain't that far.
i was gonna say "probable cause" and "reasonable what?" is enough to make a stop and search. but i wouldn't like it if it was me unless you just wanna chatif somebody has my bike in back of their truck then good. let them. im covered. this would be different if insurance isn't require.
i wanna go down that road. thats a lot of money. gimme soma dat...![]()
"fuckit!"