New York State Police out in full force for Motorcycles

[Pete ST]

 This is change for me - but I dunno why some of you are ragging on the cops on this forum. Believe me I've had more than my fair share of asshole cops but these guys are on our side and disgree with what's going on as much as we do..Yeh they could tell there Boss it's unconstitutional blah blah.. but do you really think they're gonna listen. And let's face it 99% of people won't put there job and family on the line for an issue that is not effecting them directly  - I know I've been there..

[Pete ST]

     IIRC The NY cops got federal grants to finance some of these stops ,so all you guys are paying to get harassed.  It's gonna take a few rallies blocking the Capitol ar summat to get the medias and politicians attention. But it probably won't happen as motorcylists get pissed off behind a keyboard but won't take the time to do something about it.
    Believe it or not NY cops have given presentations to other state police dept's including CT on how to do these stops.
   Some more info from Roadkill the president of Abate. This guy has been active in opposing these stops.

 QUOTE

  "ABATE of New York to Picket the NY Highway Safety Conference

"On Tuesday, October 21st, American Bikers Aimed Toward Education (ABATE of
New York, Inc.) will picket the New York Highway Safety Conference at the
Sheraton Syracuse University Hotel & Conference Center at 801 University
Avenue, Syracuse, NY, where the New York State Police are presenting their
Motorcycle Safety Roadblock Scenario to more than 350 professionals from
local, state, federal and private agencies involved in the effort to reduce
deaths and injuries related to traffic crashes..."

ABATE of New York has obtained an all-day public assembly permit to conduct
an informational picket/protest outside of the Conference Center where the
event is scheduled. With media coverage of our protest, this is an
excellent opportunity for ABATE to achieve "In Your Face" results. In
addition to the simple enjoyment of being able to verbalize ABATE's
dissatisfaction with dedicated fund misassignments and motorcycle-only
roadblocks, we'll be able to publicly argue before the media the irony of
New York State's misdirection of designated motorcycle safety funds to those
very same enforcement efforts being fostered at the New York Highway Safety
Conference being conducted inside, in the blatant face of rising
motorcyclist accident rates. In a nutshell, we should be able to emphasize
that our designated safety funds should be used for safety purposes not
enforcement purposes.

+For the full Press Release, see:
http://www.abateny.org/press/102108picket.pdf

All are welcome to attend the protest.

Ride on.
Roadkill - President
ABATE of New York, Inc.
http://www.roadkillonline.net/imagedb_images/35_8324.JPG"

[zer0netgain]

This is change for me - but I dunno why some of you are ragging on the cops on this forum. Believe me I've had more than my fair share of asshole cops but these guys are on our side and disgree with what's going on as much as we do..Yeh they could tell there Boss it's unconstitutional blah blah.. but do you really think they're gonna listen. And let's face it 99% of people won't put there job and family on the line for an issue that is not effecting them directly  - I know I've been there..

I agree, but we do have the few that like to blurt out "just doing my job," and that chafes me pretty bad.

You can have blood on your hands by just doing your job.  Power brings the moral responsibility to wield it wisely, and the way some people like to talk, it makes me go....  

[Grumbler]

Even though I'm vehemently against those unconstitutional motorcycle checkpoints,
and would definitely want to blow past it, there's not much point in making what's
already a bad situation much, much more complicated for yourself. That could very
well result in being arrested, detained for a period of time, and your motorcycle
towed or impounded. Don't draw attention to yourself, and remain cool, calm, and
collected then, after you're set free, contact and/or write the AMA and so forth.

[spd2918]

You can have blood on your hands by just doing your job.

Let's not get carried away.

[FJR1300]

I agree, but we do have the few that like to blurt out "just doing my job," and that chafes me pretty bad.

 

If the chafing is that bad... get some cream!

[FJR1300]

Even though I'm vehemently against those unconstitutional motorcycle checkpoints,
and would definitely want to blow past it, there's not much point in making what's
already a bad situation much, much more complicated for yourself. That could very
well result in being arrested, detained for a period of time, and your motorcycle
towed or impounded. Don't draw attention to yourself, and remain cool, calm, and
collected then, after you're set free, contact and/or write the AMA and so forth.

Finally... someone with COMMON SENSE.

[TuffguyF4i]

I grew up in NY state.  It would be hard for me to tell you how many times i've run into cops that thought they had huge swinging big ones.  
Upstate NY is also notorious for stops such as the ones that we are talking about.  Growing up, even near Albany, which is rural, there were registration stops all the time.  Sometimes during rush hour.  

[zer0netgain]

 

If the chafing is that bad... get some cream!

Guilty conscience?  

I didn't name names.  

[FJR1300]

Since this is a cop bashing thread... did anyone hear the Supreme Court's ruling on search incident to arrest.  The bad guys (cops) can no longer use search incident to arrest to search a vehicle.  The only area that can be searched now, using search incident to arrest, is the immediate area of where the person was sitting.

[nycbr]

http://policechiefmagazine.org/magazine/index.cfm?fuseaction=display_arch&article_id=1536&issue_id=72008

I thougth the article had a motorcyclist=criminal tone to it.  Like we are not taxpayers who are entitled to use the same road as everyone else.  

 

[mygala]

Since this is a cop bashing thread... did anyone hear the Supreme Court's ruling on search incident to arrest.  The bad guys (cops) can no longer use search incident to arrest to search a vehicle.  The only area that can be searched now, using search incident to arrest, is the immediate area of where the person was sitting.

I think that ruling is pretty stunning. It's so rare in this post 9/11 world to see ANY type of search and seizure protections expanded, rather than contracted. Now the rest of the passenger compartment is protected by the 4th amendment.

Is it really that big of a deal for traffic officers though? You can still search the immediate area of an occupant for weapons or "disposable" evidence. If you have reasonable cause to suspect contraband, ...and you already have the suspect in your custody, neither they nor the vehicle is going anywhere until you get canine unit and/or valid search warrant.

What would you do before this ruling if the occupants refused to give you access to the trunk? Will you not just use the same procedures for when you want access to the rest of the passenger compartment?

[Windblown]

Many on this forum hate the police with all their hearts.  They force hundreds of thousands of good men and women into one narrow mold to satisfy their ignorance.

Define "Many"  I know it probably seems like a lot but I'd bet it's a very small percentage.  Same with the number of cops who are actually pricks.  In my dealings with cops over the years I've only met two that I considered complete pricks. By far the majority I've met did their jobs in a professional manor, which I appreciate, even if it costs me money.

You're painting with the same broad brush you seem to take exception with.

[FJR1300]

You're painting with the same broad brush you seem to take exception with.

I think that was the intention.

RBFYLO

[zer0netgain]

Since this is a cop bashing thread... did anyone hear the Supreme Court's ruling on search incident to arrest.  The bad guys (cops) can no longer use search incident to arrest to search a vehicle.  The only area that can be searched now, using search incident to arrest, is the immediate area of where the person was sitting.

Respectfully, that is how is SHOULD be.

I wore the badge, and back then (early 1990s) the rule was the area a suspect could realistically reach at the time they were arrested, and my instructors openly stated that you could expand the area greatly when you think of how fast a person can move in one second if they are lunging for something.  So, SITA that would really only apply to the physical reach area of a person now can be expanded to anywhere in a vehicle.

Note that they weren't saying if the guy lunges in X direction, you can argue that SITA applies to the area around where they sat and where they were heading, but they implied a 360 degree circle around the person based on what COULD happen, not what DID happen, during the arrest.

Keep in mind that the LEOs in the wonderful Nazi state of Utah (IIRC, maybe it was Idaho) wanted to impose the practice of arresting EVERY motorist stopped and use SITA to search the vehicle for ANY evidence of a crime and then release the person with a citation if nothing was found.  Thank God the state court had the sense to smack that down as a blatant abuse of the SITA rule and unconstitutional, but it terrifies me that the LEOs of that state felt so comfortable abusing the power entrusted to them like that.

Police power is like a pendulum, as you know.  When we feel police have been given too much power, it gets withdrawn.  When we feel they don't have enough, we grant more.  Frankly, I feel more and more LEOs (nationwide) are demonstrating that they can't respectfully handle the power they've been granted.  If you feel slighted, blame those among you that abuse the power granted.  It's isn't the public's fault and it's not the court's fault when they yank back on the leash.

A point I notice you omitted....

SITA in relation to a vehicle is largely irrelevant.  The police have the option to impound a vehicle post-arrest.  Most every agency has a "vehicle inventory" rule in place to protect them against claims of theft from impounded vehicles.  Granted, these rules typically stop at locked compartments and items in the vehicle, but it's a good faith back door to searching a vehicle without a warrant, and agencies use it to their advantage.  I'm not sure where the line is on bringing a drug sniffing dog by the impound yard to check for contraband, but I wouldn't be surprised if that was allowed since drug dogs sniffing locked containers isn't considered something you need a warrant for.

[Joey Stalin]

Your papers, please.

[sloth911]

No one really answered one of the original questions.

If you are following all traffic rules, speed limit, and have your papers and simply drive past the check point w/ the intent to plead ignorance when (if) you are immediately pulled over, instead of "blowing through", what would the citation be other than a tongue lashing?

I wonder how many stolen  bikes they recover from these stops?

[Black Ice]

2. Truck drivers accept inspection stops as part of the deal when having a CDL.

Yep...    I don't like it, but if it really gets to me, I can always quit and do something else.  (This explains why I don't cut certain other professions any slack for using the excuse "I have a high-stress job.")

[zer0netgain]

No one really answered one of the original questions.

If you are following all traffic rules, speed limit, and have your papers and simply drive past the check point w/ the intent to plead ignorance when (if) you are immediately pulled over, instead of "blowing through", what would the citation be other than a tongue lashing?

I wonder how many stolen  bikes they recover from these stops?

Much of that answer depends on the laws of the state of New York and the disposition of the department and the judges.

Vehicle safety checkpoints are not something one can justify going balls to the wall to enforce.  Checkpoints for drugs would be a different matter.  I remember such a checkpoint in Nebraska where the LEOs were doing the stupid thing of putting up a sign saying there was a drug checkpoint ahead (on the interstate) and they had two guys in mowers sitting at the exit.  You knew they were cops and not maintenance workers because....

1.  Fit, and I mean fit.  Highways workers are easily 20-30 pounds overweight and dress like slobs.
2.  Both wore sunglasses, identical sunglasses.
3.  Both were busy watching the road.
4.  Neither machine was running.

I would have stopped and taken a photo for the humor of it, but I was on a timetable and by the time I thought about it, it was too much trouble to go back.

The "stolen bike" recovery element varies.  A checkpoint done off the beaten path where bikers like to play would likely net more stolen bikes than those on the open highway.

[mygala]

No one really answered one of the original questions.

If you are following all traffic rules, speed limit, and have your papers and simply drive past the check point w/ the intent to plead ignorance when (if) you are immediately pulled over, instead of "blowing through", what would the citation be other than a tongue lashing?

I wonder how many stolen  bikes they recover from these stops?

From the Police Chief Magazine article:

"Eleven motorcyclists did pass the entrance to the rest area without stopping, but once the marked patrol vehicle pulled out behind them, all of them stopped and were inspected (all claimed not to have seen the VMS messages)."

Doesn't say they were cited for anything.