News Law Federal Judge Upholds Motorcycle Checkpoints in New York

Connect with Us...

  • Facebook: allaboutbikesmag
  • FeedBurner: allaboutbikes/aIXA
  • Reddit: bikefan71
  • Twitter: allaboutbikes
  • YouTube: allaboutbikes

Federal Judge Upholds Motorcycle Checkpoints in New York Hot

motorcycle_checkpointFor the last two years motorcyclists have argued that motorcycle checkpoints were a form of profiling and violated their constitutional rights. A federal judge in New York disagreed. Judge Gary Sharpe ruled today that the motorcycle checkpoints in New York's main focus was to keep people safe and that they did not impede on anyone's constitutional freedoms.

Sharpe wrote:

"The court concludes the checkpoints were enacted to promote motorcycle safety, a manifest public interest; they were effective in addressing this interest; and that any interference with individual liberties was not only minimal, but also grossly outweighed by the interest advanced."

The interference with individual liberties was grossly outweighed by the interest advanced... - That's a dangerously fine line to walk.

The Wall Street Journal reports that program, enacted in 2008, was centered around large motorcycle rallies in the state. Four motorcyclists sued NY State Troopers saying that the motorcycle checkpoints were a pretext to look for criminals and that they were intrusive and unfair to motorcyclists.

Attorney Mitchell Proner said he would appeal the ruling. Proner said: "The intrusion on civil liberties is something that shouldn't be countenanced... It's obvious just from their own internal documents they're looking for criminal activity... The fact they didn't find crime doesn't mean that wasn't what they're fishing for. That just shows you've got law abiding citizens on motorcycles primarily being inconvenienced."

Here are some stats according to Sharpe's ruling.

  • 5,342 motorcycles passed through 17 checkpoints in 2008.
  • Authorities inspected 2,278 of those vehicles.
  • They made four criminal arrests
  • They issued 1,064 tickets
  • 365 for helmet violations
  • 99 for other safety violations
  • 600 for non-safety violations.

What do you think about motorcycle checkpoints? Do they promote safety? Or are they profiling motorcyclists?

Powered by JReviews

Comments  

 
# Hoover 2011-11-19 21:05
The judge got it right. Stupid lawsuit brought by personal injury lawyer looking for motorcycle accident clients. An appeal will go nowhere.
Reply | Reply with quote | Quote
 
 
# Strega_Rossa 2011-11-20 01:00
I don't think motorcyclists are being profiled but this certainly is trawling to boost tickets. Why not car checkpoints. Heck I could get a ticket, my inspection is up but me and my bike are straight arrow legal!
Reply | Reply with quote | Quote
 
 
# CJ 2011-11-21 20:01
Motorcycle only checkpoints seem to be more about harassment than anything else. The national Department of Transportation provides funding to states for this profiling. These types of programs should be the 1st to lose funding. We are trying to cut the deficit, aren't we?
Imagine the reaction if everyone in an automobile was stopped for a "safety check" of unspecified duration!
Reply | Reply with quote | Quote
 
 
# SuperGlide 2011-11-23 12:24
Never expect the Constitution to matter much in states like New Yorkistan, Illinoistan, or Californistan. Never expect individual rights, supreme under our Constitution, to outweigh the perceived (or conceived) "public interest" or "rights of the state".
Reply | Reply with quote | Quote
 
 
# Robbb 2011-12-01 10:46
They are absolutely profiling motorcyclists. By virtue of our relatively small numbers we are a minority group, complete with discrimination, stereotyping, and things like these manditory checkpoints. I'm sure if you stopped an equal number of cars the stats would be much worse. How many people are driving while doing unsafe things (no seatbelt, phone, text, makeup, eating)? How many criminals are running around in cars (more than 4 out of 5300 for sure)? The difference is that if you tried to check all the CARS at checkpoints like this you'd be completely overwhelmed and the outcry would be enormous. Motorcyclists, on the other hand, are easy prey because there just aren't that many of us and we're mostly on our bikes for recreation. Unfortunately, I don't know what to do or how to stop this.
Reply | Reply with quote | Quote
 

Add comment


Security code
Refresh

Free Newsletter

Are You Getting Our Newsletter?

Sign Up Now! It's Free!

* Email
First Name
Last Name
 * = Required
 

Featured Articles

Black Sabbath Motorcycle Club Chapter President Killed in San Diego
The Ducati Dry Clutch and Its Distinctive Rattle
The Last Ride - Motorcycle Hearses
Jan Plessner Named Editor Of LadyMoto
The Harley Lifestyle In Japan

Popular Articles

BMW Sued for a Never-Ending Erection
The Harley Lifestyle In Japan
James Stewart Splits with Joe Gibbs Racing and Joins Yoshimura Suzuki
Myrtle Beach Bike Week 2012
The Last Ride - Motorcycle Hearses