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Thumbs up to unmarked statie!!!

  1. #51
    Lifer Pittenger5's Avatar
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    Re: Thumbs up to unmarked statie!!!

    Quote Originally Posted by drop View Post
    in the end, i support what the trooper did and wouldn't be upset in the least if it happened to me.
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  2. #52
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    Re: Thumbs up to unmarked statie!!!

    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.

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  3. #53
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    Re: Thumbs up to unmarked statie!!!

    Quote Originally Posted by drop View Post
    whether it's a violation of civil liberty or not is a different story. i don't transport stolen motorcycles in my truck and i can always spare 5 minutes for a quick chat...and you can be goddamn sure i'd want a trooper to stop and check a vehicle that turns out to be transporting a stolen bike. to each their own though - i certainly can understand how some people might find this to be an intrusion of their privacy.

    in the end, i support what the trooper did and wouldn't be upset in the least if it happened to me.
    Agree 100%

    Thanks for the law translation too

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  4. #54
    Posting Freak boloson's Avatar
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    Re: Thumbs up to unmarked statie!!!

    Quote Originally Posted by chrisc View Post
    Does that apply to vehicles on a trailer? I know the law exists so that you don't chain a rusted POS to the back of Uncle Jed's pickup and tow it down the road, but it doesn't seem to make much sense for vehicles that are completely on a trailer.

    Edit: And if it is in a truck bed, then you are not operating, pushing, drawing, or towing it (carrying it maybe?). The same could be said of a bike in a trailer. You are towing a trailer, which is registered. You are "trailering" the bike.

    I'm just curious about this from a "technical" standpoint. If a cop wants to pull you over he is going to pull you over, period. Not having plates on a bike you are carrying is only one of a brazillion reasons any cop could use at any time to pull anyone over. I also ask because I dabble in old cars, and have always thought about buying a car trailer so I could pick up junkers in old barns to part out, etc. Do I need a dealer license to be able to put an unregistered car on a car trailer (not a dolly, but a full trailer)? (Edit Edit... found out that if you are doing it for money you need a commercial plate on a ramp truck or trailer).

    And what about the drag racing car guys? They have unregistered cars on trailers all the time? Are they breaking the law?

    Edit Edit Edit: On doing more research I don't think Chapter 90 Section 9 Applies to an unregistered motorcycle in a truck bed. They really can't pull you over for that. Of course, they can pull you over for "looking suspicious"
    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

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  5. #55
    Just Registered drop's Avatar
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    Re: Thumbs up to unmarked statie!!!

    Quote Originally Posted by obsolete View Post
    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.
    most courts would agree with you. in all likeliness, a charge that stemmed from a stop like this would be dropped in court for that very reason.

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  6. #56
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    Re: Thumbs up to unmarked statie!!!

    Quote Originally Posted by boloson View Post
    & no a cop cant pull u over for "looking suspicious"
    They can't pull you over for having an unregistered bike in a truck bed either, but they do and to be honest I don't have a problem with it.

    But I digress...

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  7. #57
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    Re: Thumbs up to unmarked statie!!!

    Well courts have up held checkpoints based on the greater public good in spite of the violation of the 4th amendment.

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  8. #58
    Posting Freak boloson's Avatar
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    Re: Thumbs up to unmarked statie!!!

    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

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  9. #59
    Just Registered drop's Avatar
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    Re: Thumbs up to unmarked statie!!!

    Quote Originally Posted by boloson View Post
    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
    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.

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  10. #60
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    Re: Thumbs up to unmarked statie!!!

    Quote Originally Posted by Hoss View Post
    I have the title to mine, but never did anything with it when the previous owner signed it since it's track only. Maybe I should?

    I titled mine. I want it to legally belong to me. When I sell it, the new owner gets a nice MASS title!

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  11. #61
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    Re: Thumbs up to unmarked statie!!!

    Hey Boloson, you can't say I did not call it.

    Quote Originally Posted by BigShel View Post
    I am sure one of the cop haters on NESR will have something negative to say about this stop in a few more post.LOL

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  12. #62
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    Re: Thumbs up to unmarked statie!!!

    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.

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  13. #63
    Lifer Jayspeed's Avatar
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    Re: Thumbs up to unmarked statie!!!

    The only problem I had was he woke me up!

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  14. #64
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    Re: Thumbs up to unmarked statie!!!

    Quote Originally Posted by BigShel View Post
    Hey Boloson, you can't say I did not call it.
    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.

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  15. #65
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    Re: Thumbs up to unmarked statie!!!

    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.

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  16. #66
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    Re: Thumbs up to unmarked statie!!!

    OK, I take back cop haters and I wanna change it to LEO Bashers.
    Quote Originally Posted by obsolete View Post
    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.

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  17. #67
    Lifer
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    Re: Thumbs up to unmarked statie!!!

    Quote Originally Posted by BigShel View Post
    OK, I take back cop haters and I wanna change it to LEO Bashers.
    I hate you.

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    Original

  18. #68
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    Re: Thumbs up to unmarked statie!!!

    Quote Originally Posted by obsolete View Post
    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.
    someone who gets it

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  19. #69
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    Re: Thumbs up to unmarked statie!!!

    Quote Originally Posted by BigShel View Post
    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?

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  20. #70
    Posting Freak boloson's Avatar
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    Re: Thumbs up to unmarked statie!!!

    Quote Originally Posted by drop View Post
    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.

    u may be right about the vehicle touching the public way portion & i'll be the 1st one to admit and man up to my mistake. if u ask 10 different cops about any of the statutes u might get 50/50 or 10 different answers. toolbox, tent & gear arent required to be registered & would fall under the unsecured load. "direct contact with the road" yes i believe u r right.


    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.

    there are always exceptions to the rules my friend & transport trailers transporting unregistered new cars to a dealership happens to be 1 of the exemptions. so thats not even an issue to discuss.

    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.

    sheesh. all this cuz a couple of guys wanted to praise a trooper. started with good cop, then bad cops, then good cops. maybe its my flu medicine kicking in. enough i'm through with this post

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  21. #71
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    Re: Thumbs up to unmarked statie!!!

    Quote Originally Posted by chrisc View Post
    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.

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  22. #72
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    Re: Thumbs up to unmarked statie!!!

    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.

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  23. #73
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    Re: Thumbs up to unmarked statie!!!

    Quote Originally Posted by Jaynnus View Post
    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.
    Inspiration point?

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  24. #74
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    Re: Thumbs up to unmarked statie!!!

    Quote Originally Posted by jnm988 View Post
    I hate you.

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  25. #75
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    Re: Thumbs up to unmarked statie!!!

    Quote Originally Posted by BigShel View Post
    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.
    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 chat if somebody has my bike in back of their truck then good. let them. im covered. this would be different if insurance isn't require.


    Quote Originally Posted by BigShel View Post
    And as for taxpayers money I don't even want to go down that 700 Billion dollar road.
    i wanna go down that road. thats a lot of money. gimme soma dat...

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    "fuckit!"

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