New York State Police out in full force for Motorcycles

[Ack535]

LEO Here: Michigan's Supreme Court in 1986 found check-lanes of any type to be unconstitutional. Also, a speeding citation or any citation for that matter must be personally served on you. That is why Michigan does not allow photo-speed traps and red light cameras...

Currently, there isn't a whole lot of good reasons to live here, but at least at least we got that going for us! Best of luck in NY!

[Blunder]

Here in CA they have have DUI checkpoints where they also want to see your license, registration and proof of insurance. It is illegal to take any action to avoid a checkpoint so anyone that makes a u-turn is quickly chased down, usually by motorcycle cops.

[scottzilla]

Marcus Dairy-nuff said.

[Bravo12]

NYS Vehicle and Traffic Law:
1102. Obedience to police officers and flagpersons. No person shall
fail or refuse to comply with any lawful order or direction of any
police officer or flagperson or other person duly empowered to regulate
traffic.

Here's the part where the charges get dropped if the entire project is eventually deemed to be harrassment, profiling, or otherwise unconstitutional - that kind of finding would make the initial stop an unlawful order.  This is also the defense for any other charges stemming from the stop/check.  My advice is to stop, otherwise you could be further ticketed and/or arrested, depending on the mood/empathy/understanding of the officer(s) involved.  Just like you cannot resist arrest, even if you know it's wrong, fighting this kind of harassment is best done in a courtroom - you will lose on the street, and just get yourself into more trouble for which you have no defense.  Besides, they usually do these where there are no side-streets to turn on (or they block them off) and u-turns are illegal (so if you bust a U-turn, they got you anyway).

This is so obviously BS, that any phonebook-listed attorney should be able to get you out of anything resulting from this kind of stop/check.  Like I said earlier, they're just hoping it makes bikers go away and not come back.

[Stormcrow]

That doesn't apply here.  That refers to a LEO or construction flagperson standing in the road attempting to regulate traffic.  

While the courts have been very quick to overturn convictions in cases where this charge has been used and the officer was obviously not involved in the regulation of traffic at the time the citation was issued, they have also been somewhat broad in their definition of what does constitute the regulation of traffic. I believe an argument could be made that this activity would constitute such a regulation of traffic. I do not necessarily agree with this, but only bring it up because it would be almost guaranteed that an individual trying to avoid the check point would be charged as such.
That being said....I do not agree with this type of deployment, and firmly believe that it is far too narrow in it's scope and would be easily challenged on those grounds. It should also be understood that, as cgsshorty stated, the Troopers involved are not conducting these types of checkpoints because that is their idea of quality law enforcement work. Someone higher up has directed that detail be conducted. I would even go so far to say that someone with some clout, influence, pull, what have you has convinced the Troop Captain (or higher) that this is important and necessary. Why? We need look no farther that some of the elements within our own community.... pipes that shake windows from their frames, revving to the redline and dumping the clutch to see who can do the best burnout, etc., etc. , etc.
It has been said many times that we (of course the wonderful, law abiding folks here at ST.N excepted) can be our own worst enemies. And, because law enforcement can be so reactive, we end up with just such scenarios.
I think I've exceeded my single post word limit. I need a drink.

[J.R.]

Here in CA they have have DUI checkpoints where they also want to see your license, registration and proof of insurance. It is illegal to take any action to avoid a checkpoint so anyone that makes a u-turn is quickly chased down, usually by motorcycle cops.

This is different because EVERY vehicle is stopped.  Not only motorcycles, not only dark tinted caddies, not only VW busses with smoke pouring out the windows.  

The NY tactic would not be legal because they are targeting a specific group, IE harassment.  There is no perceived danger to the public because you're riding a motorcycle.  As far as being charged with something, I highly doubt you could.  There is no law in VA that I can think of you could be charged with for failing to exit.  

[njcaponut]

Marcus Dairy-nuff said.

Agreed.....Last time I went was about 6 years ago and they were pulling this sh** up there (NY and CT)...... Havent gone since.
OTOH, I've been going to Americade for about 10 years and never had a problem.

[cjgauthier]

         
           If your legally licensed, insured, and registered, what is the penalty is for not having travel papers in order?

[Scratch33]

Ihre Ausweis sind nicht richtig!

[scottzilla]

Would like to point out that in addition to calling/writing your congressperson, a simpler, more effective step would be to file a complaint directly with the NY State Police.  Someone up in the chain made the decision to pull this bs and one thing cops can't stand is a blemish on their record.  

[marc11]

I've contacted the AMA, I suggest each and every person do the same:

http://www.amadirectlink.com/email.asp

This is just unacceptable.  Stop all vehicles, fine by me.  Stop a bike speeding, loud pipes, hidden plate, no problem, stopping just bikes, just because?  BS.  What if the sign read "Honda Cars Stop Here" or "African American Males Under 25 Must Exit" how well would that fly?  It wouldn't, and stopping just bikes with no just cause is total BS and illegal IMHO.

[Rebeltown]

If you know it's coming far enough in advance, find yourself a nice 18 wheeler or bus and put him between you and the checkpoint.  I've done it and gotten away with it on a 4 laner...  Not that I wasn't legal but because I was in a hurry!

[Thelazyone]

I guess have your shit in order and don't worry about the what if.

[STNY]

I guess have your shit in order and don't worry about the what if.

+1 with having your shit in order!

I thought last year was the final Marcus Dairy gathering?

[scottzilla]

+1 with having your shit in order!

I thought last year was the final Marcus Dairy gathering?

I think they are celebrating their 10 year final gathering anniversary.

[mwt]

I guess have your shit in order and don't worry about the what if.

  +2

    A group of us riding got "detained" a few years ago in New York during a similar exercise....A quick check for proper registration and state inspection and we were off. Didn't hold us up for very long. All of us at the time had aftermarket slipons, but they're not that loud especially when idling or "normal" speeds.

[marc11]

Having your shit in order is not the point.  You shouldn't be riding or driving without your shit in order, period.  The point is, we, as a group, should not accept being singled out.

[spd2918]

It's clearly unconstitutional.  You can't stop everyone just to see if they are breaking the law (except for a Terry Stop, which requires specific reasonable suspicion).

When some departments order their officers to do stupid stuff like this it makes us all look bad.

States sometimes do things deemed constitutionally questionable until a court case goes to the feds.  Then they will be smacked down.  For instance, some states don't allow concealed carry for out of state police officers.  Since there is a federal law that allows it, I disregard the state law.

[thatguy]

Could you explain the "Terry Stop"?

[spd2918]

I'd rather, but I will.

An officer can stop someone if he reasonably believes that person:

1.  Has just committed a crime
2.  Is committing a crime
3.  Is about to commit a crime

Stopping everyone on a motorcycle is not a Terry Stop because it is not specific to the individual, the infractions listed are not crimes, and the officer can not reasonably believe everyone on a motorcycle is / was / is about to commit a crime.  If the cops were on the lookout for a bank robber riding a silver Honda ST1300 wearing a white helmet and the officer sees such a rider within the area and time frame of the robbery, then a Terry Stop can legally occur (ie, they can stop you for just matching the description).

Google it.