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Author Topic: PA State Police set up Motorcycle Only Checkpoint  (Read 5076 times)

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1abastarsmda

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PA State Police set up Motorcycle Only Checkpoint
« on: June 29, 2013, 06:34:34 PM »

As we left Thunder in the Valley Bike Rally in Johnstown last week, our entire group of about 10 bikes was stopped by the State Police.  We were asked for driver's license, insurance card, and registration, and I guess a few were asked if they had any weapons.  There were probably about a dozen trooper cars there blocking the road and forced us off the road to a dirt and gravel area off the road.  No cars were being stopped; only bikes.  Isn't this discrimination?  I told the trooper that it would have been nice if they could have found a safe place to pull bikes over, rather than into gravel...not that he seemed to care.  I just happen to think that it's a load of crap to single out bikes for anything.  I did get to find out that one of the guys I ride with has been riding for over 40 years without ever getting a motorcycle endorsement on his license, so he ended up with a fine, but they did let him go.  Anyway, I thought that I read somewhere that singling out bikes for a checkpoint was found to be illegal when it was done somewhere else (maybe it was Myrtle Beach or perhaps somewhere in CA).  Does anybody know of something that can be done to stop them from this nonsense?  I suppose on the flip side, if my bike were stolen at the rally and they caught the person with my bike a few miles up the road, I'd probably be praising them right now.
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VaEagle

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Re: PA State Police set up Motorcycle Only Checkpoint
« Reply #1 on: June 29, 2013, 06:54:09 PM »

In Virginia last year a law was passed outlawing motorcycle only checkpoints.

http://motorcyclelawgroup.com/prohibiting-federal-funds-for-motorcycle-only-checkpoints/
« Last Edit: June 29, 2013, 06:58:50 PM by VaEagle »
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JakeB

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Re: PA State Police set up Motorcycle Only Checkpoint
« Reply #2 on: June 29, 2013, 07:02:43 PM »

your gov't at work.  POS MOFOs. 
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Jake

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Re: PA State Police set up Motorcycle Only Checkpoint
« Reply #3 on: June 29, 2013, 07:06:37 PM »

Actually I think the law passed only prohibits the USE OF FEDERAL FUNDS to pay for the cost of the check points. I guess that would mean states can still do "safety checks" on bikes only as long as no federal money is used. BTW -- NY does this every year upstate during the Americade event - it can be a royal pain if you're the guy stopped. We avoid travelling the highways and/or more highly traveled routes when travelling to/from events like Americade, Laconia ect..

Might take me longer to get there but that means more time on the bike  :2vrolijk_21:
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BaggerProud

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Re: PA State Police set up Motorcycle Only Checkpoint
« Reply #4 on: June 29, 2013, 07:16:22 PM »

your gov't at work.  POS MOFOs. 

X2  :sauer021:  :police:
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Fired00d

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Re: PA State Police set up Motorcycle Only Checkpoint
« Reply #5 on: June 29, 2013, 07:20:06 PM »

AMA has a page regarding this - Motorcycle Only Checkpoints that may provide useful information.

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VaEagle

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Re: PA State Police set up Motorcycle Only Checkpoint
« Reply #6 on: June 29, 2013, 07:21:08 PM »

This is the new Virginia law which applies to this thread.....

State code 46.2-103
Except as prohibited by § 19.2-59, on his request or signal, any law-enforcement officer who is in uniform or displays his badge or other sign of authority may:

1. Stop any motor vehicle, trailer, or semitrailer to inspect its equipment, operation, manufacturer’s serial or engine number; or

2. Stop any property-carrying motor vehicle, trailer, or semitrailer to inspect its contents or load or to obtain other necessary information.

Nothing in this section, however, shall be construed to authorize the establishment on any highway of police check-points where the only vehicles subject to inspection are motorcycles.

Comment: This Statute removes the authority of law enforcement to conduct safety checkpoints for motorcycles only.
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dlaws01

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Re: PA State Police set up Motorcycle Only Checkpoint
« Reply #7 on: June 29, 2013, 09:52:44 PM »

Not sure if it's legal or not but it sure is criminal.   >:(
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Re: PA State Police set up Motorcycle Only Checkpoint
« Reply #8 on: June 29, 2013, 10:44:36 PM »

Police may only stop vehicles if there is, at a minimum, reasonable suspicion that an offense has occurred, is occurring, or is about to occur.  Vehicle check points may be employed if there is no discrimination of motorist (i.e., the police can't stop all Fords and nothing else, all Hispanics, all BMWs, etc.).  The police can waive thru motorist if traffic is backing up, they may employ a scheme-such as checking every 5th car, etc.  It seems stopping only motorcycles, with no reasonable suspicion, would be a Consitiutional violation (4th Amendment).  I can't see a vehicle check point of "motorcycles only" passing a constitutional test either.  Depending on the state, Commercial Motor Vehicles may be stopped for random inspections by law law enforcement officers.  This doesn't apply to passenger vehicles.

If you'd like the US Supreme Court case that requires the police to have a reason before stopping a vehicle, Google Delaware v. Prouse.  Sorry for replying with such technical mumbo-jumbo.
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1abastarsmda

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Re: PA State Police set up Motorcycle Only Checkpoint
« Reply #9 on: June 29, 2013, 11:08:07 PM »

So my constitutional rights have been violated.  That's what I felt immediately.  If I would have refused to pull over, I'd probably be in jail right now.  After retaining a high profile attorney, maybe I'd get the charges dismissed.  Who wants to take that chance?  It's wrong, yet they will continue to get away with it.
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D-N-D

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Re: PA State Police set up Motorcycle Only Checkpoint
« Reply #10 on: June 30, 2013, 07:58:56 AM »

I'm headed to Gettysburg for Bike week July 11 -14 hope they don't pull this one up there.
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Re: PA State Police set up Motorcycle Only Checkpoint
« Reply #11 on: June 30, 2013, 08:10:11 AM »

So my constitutional rights have been violated.  That's what I felt immediately.  If I would have refused to pull over, I'd probably be in jail right now.  After retaining a high profile attorney, maybe I'd get the charges dismissed.  Who wants to take that chance?  It's wrong, yet they will continue to get away with it.

Oh, I agree, you did the prudent thing.  Its just disappointing when those that are charged with enforcing our laws are operating fast and furious, with little regard for our rights.
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Re: PA State Police set up Motorcycle Only Checkpoint
« Reply #12 on: June 30, 2013, 11:59:42 AM »

Oh, I agree, you did the prudent thing.  Its just disappointing when those that are charged with enforcing our laws are operating fast and furious, with little regard for our rights.
You sound like a Law Officer, past or present. To bad all the enforcement officals don't think like you, their positions would be respected more if this was the case. One encounter with a rogue cop = all cops are Aholes?? SAD.
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muddypaws

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Re: PA State Police set up Motorcycle Only Checkpoint
« Reply #13 on: July 01, 2013, 07:43:21 AM »

There was another check point at Thunder In The Valley on Saturday afternoon. They let me go by but had a bunch of crouch rockets pulled over and all the riders sitting on the side of a hill.
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Bill

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Re: PA State Police set up Motorcycle Only Checkpoint
« Reply #14 on: July 01, 2013, 10:46:45 AM »

The important thing to remember here is that the police don't wake up and say lets harass the bikers today.

There is someone or entity (city council) farther up the food chain (no disrespect to the police) that is interested in harassing bikers. Poke around a little and you'll find out who the real culprit is.

It is a proven fact over the years that places like Daytona and Myrtle Beach suffered terribly from the loss of biker revenue when they tried these and other tactics. Both are still trying to win back the bikers.

 Jerry
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