NEWS
Disclaimer: The News Media does NOT always tell the Whole Truth� It tends to sensationalize the News to sell Newspapers� In Fact, Many Times the News Media gets the Facts Wrong!!!
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MRF URGENT CALL TO ACTION - Mandatory Motorcycle Roadside Stops A mandatory roadside motorcycle stop may be coming to a town near you, reports the Motorcycle Riders Foundation (MRF). Recently, the National Highway Traffic Safety Administration (NHTSA) has asked for applications from law enforcement outfits to apply for a new pot of taxpayer money designated for pulling motorcyclists off the road to lecture them about safety. The MRF strongly opposes this sort of discrimination against motorcyclists. “Pulling over law-abiding motorcyclists does not make anyone safer and is huge waste of taxpayer money,” said Jeff Hennie, Vice President for Government Relations and Public Affairs for the MRF. NHTSA’s request for applications asks law enforcement officials to submit plans similar to what New York State Police did last summer. They set up outside big public motorcycle gatherings and pulled every single motorcyclist over to the side of the road to lecture them about safety, drinking and riding, proper tire inflation, and so on. The MRF feels there are much more productive and less discriminatory ways to promote safety for motorcyclists, and is disappointed that this approach was decided upon behind closed doors by a group of federal employees who apparently did not consult anyone in the motorcycling community for their input and expertise in motorcycle safety. This particular project is limited to five law enforcement agencies, and total funding is capped at $350,000. In these tough economic times, that’s a ton of money. The deadline for applications is August 13, and to the MRF’s knowledge, no applications have yet been submitted. The MRF will be investigating to determine if NHTSA and the federal government have legal jurisdiction to fund states to single out one particular type of vehicle for clearly discriminatory practices over other vehicles, and will be working diligently to see that these proposed grants are never awarded. The MRF encourages you to contact U.S. Secretary of Transportation Ray LaHood today to voice your displeasure, either by phone: 202-366-4000 or by email: http://ntl.custhelp.com/cgi-bin/ntl.cfg/php/enduser/ask.php Contact Jeff Hennie, MRF Vice President for Government Relations and Public Affairs, at Jeff@mrf.org if you have any questions or need further information. Motorcycle Riders Foundation | 236 Massachusetts Ave. NE | Suite 510 | Washington | DC | 20002 |
July 28th 2010
(MRF URGENT CALL TO ACTION)... 10NR22 - MRF News Release - - Mandatory Motorcycle Roadside Stops
Honorable Ray LaHood, U.S. Secretary of Transportation
U.S. Department of Transportation
1200 New Jersey Ave, SE
Washington, DC 20590
Dear Secretary LaHood,
I find it disturbing that the National Highway Transportation Safety Administration would consider using my tax dollars against law abiding citizens, yet that's exactly what I understand is being proposed in their recent call for grant applications solely aimed against motorcyclists.
I'm one of those law abiding citizens, and I urge you to intervene. Motorcycle only checkpoints, which I consider a violation of my civil rights, are not part of our system of government, nor will they solve any real problems.
There are many issues facing motorcyclists on the road that could and should be addressed - perhaps it's time to work towards broader education, including accident reduction and motorist awareness, rather than motorcycle only checkpoints.
Sincerely,
Mack Backlund
State Coordinator
ABATE of Minnesota
763-226-9195
statecoordinator@abatemn.org
June 25th 2010
Sputnik will go down history as the greatest Motorcycle Rights Activist in the History of our Nation
Sputnik – June 24, 2010 – Texas - The Texas Motorcycle Rights Association is sad to announce that our great Leader, Sputnik, passed away suddenly at approximately 5:00 AM this morning. I woke up at 5:45AM to find him on the living floor at the state office. It appeared that he crossed over quickly and did not suffer, from a massive heart attack. I cannot begin to even put into words how devastating the loss is to the biker community, to his family, and to us who live with him at the state office, for all TMRA2, and to all of his brothers and sisters who loved him dearly. Sputnik will go down history as the greatest Motorcycle Rights Activist in the History of our Nation and we as his Task Force were truly blessed to be a part of this great Warriors life…God has a special place in Heaven for Sputnik and he told me yesterday that wanted all of us to continue the political work and to carry forward with his final Rally for the Birthday Bash in July. As soon as we know the Memorial Service information we will send out another broadcast.
June 21 2010
The AIM/NCOM Motorcycle E-News Service is brought to you by Aid to Injured Motorcyclists and the National Coalition of Motorcyclists, and is sponsored by the Law Offices of Richard M. Lester. NCOM Biker Newsbytes - Compiled & Edited by Bill Bish, National Coalition of Motorcyclists
Myrtle Beach Helmet Law Overruled: The South Carolina Supreme Court unanimously ruled Myrtle Beach 's motorcycle helmet law is invalid because it conflicts with state law and said there is an overriding need for uniform laws across the state. In its ruling, issued June 8, 2010, the court invalidates not only the city’s helmet and eyewear requirement, but also overturned several other municipal ordinances that the city council enacted last year to discourage motorcyclists from attending bike rallies there. The high court decision was in response to a lawsuit filed on behalf of 49 riders who were ticketed during a helmet law protest ride on the first day of the new law, being represented by Aid to Injured Motorcyclists attorney Tom McGrath of Virginia. Testifying before the bench, McGrath argued that the ordinance was invalid because it pre-empted state law, which provides that anyone over the age of 21 is not required to wear a helmet. The S.C. Supreme Court agreed, adding that conflicting equipment requirements would “unduly limit a citizen’s freedom of movement” throughout the state; "Were local authorities allowed to enforce individual helmet ordinances, riders would need to familiarize themselves with the various ordinances in advance of a trip, so as to ensure compliance." According to McGrath, the favorable ruling is important because it “sets a precedent by saying that cities, counties and towns cannot supersede state law. Where the state legislature has spoken on an issue, it’s the final word.” Although the ruling dealt specifically with the helmet-eyewear law, the court also found that the city impliedly repealed many of the new laws itself when it repealed its own administrative court ordinance after the court's chief justices opined that the creation of a special courts system was unconstitutional. As a result, “All the civil ordinances got tossed because there is no administrative hearing process to resolve the citations,” explains McGrath. Only the ordinances involving misdemeanor violations remain in effect in Myrtle Beach , but those include an onerous exhaust ordinance that is far stricter than that enacted by the state legislature. Therefore, on Tuesday, June 15, The Law Offices of Tom McGrath filed suit on behalf of several plaintiffs including ABATE of South Carolina , asking the 15th Judicial Circuit Court to find the muffler ordinance to be unconstitutional and therefore invalid. A successful challenge could affect other cities enacting noise laws and exhaust requirements that are not in accordance with existing state laws.
Helmets Stink: Helmet Laws Suck, but new technology can make helmets smelly too! Helmet manufacturers inform buyers that they should replace their helmet every couple of years because miniscule cracks can develop over time rendering them structurally unsound, or to discard a helmet immediately if it is involved in an accident or even dropped. It’s sometimes difficult to determine with the naked eye when a helmet loses its effectiveness, but researchers at the Fraunhofer Institute for Mechanics of Materials in Germany have developed a way for your nose to tell when your lid has outlived its usefulness. When your helmet is getting past its prime, it will start to smell. If it develops any large cracks... well, your nose knows. The secret lies in odoriferous oils, enclosed in formaldehyde resin microcapsules. These microcapsules are in turn added to liquid polypropylene, which is injection-molded to form the shell of the helmet. When the shell breaks, the capsules rupture, and stinking ensues. The Fraunhofer researchers used a computer simulation to calculate the number of capsules needed, then used mechanical testing to check that they would rupture shortly before complete structural failure. “Smell detection is already in use for coated metal components. We are applying the process for the first time to polymer materials,” stated Fraunhofer’s Dr.-Ing. Christof Koplin. “The cycle helmet is being used as a demonstrator. Work on the capsules has finished and we are now completing characterizing tests on individual configurations.” Possible other applications could include pressure hoses, and water and gas pipes.
U.S. Defenders Ask Judge To Send Manslaughter Case To Trial: A state district judge in Texas has rejected a plea bargain that would have placed a blind woman on deferred probation in the traffic death of motorcyclist. Judge Ralph Strother of Waco 's 19th State District Court refused to accept the plea deal in a felony manslaughter case that involves a vision-impaired 39-year-old who was driving without a license and was cited at least twice before for the same offense. The U.S. Defenders, a politically-active arm of the Confederation of Clubs, conducted a “Call to Action” and Judge Strother’s office was inundated with 1,200 letters from motorcycle enthusiasts who urged him not to accept the prosecutor’s recommended plea deal. Trena Evette Mitchell, who is legally blind and had four children in her car when she turned in front of Richard Craig Schroeder’s motorcycle last December as he was returning from a toy run, withdrew her guilty plea and her case is now set to go to trial in mid-August. Mitchell had been scheduled for sentencing in late July, but the judge moved up her case after more than a thousand motorcyclists said they would ride to the courthouse to show support for Schroeder, known as “Hat Trick” to his biker friends. “Last year we worked with the legislature to net a minimum fine for those who injure or kill an innocent party by encroaching on their right of way,” said Sputnik, State Chair for the Texas Motorcycle Rights Association (TMRA-2) and Chairman of the National Coalition of Motorcyclists’ Legislative Task Force (NCOM-LTF). “We did not receive a single no vote in the House or Senate on SB 1967. Unfortunately we did not take into consideration a Plea Bargain where they could be given adjudication and end up not being found guilty. It is apparent that we shall have to return to the bill’s sponsor Senator Carona and reconstruct SB 1967 during the upcoming session to make allowances for such an occurrence.”
ABATE Of Florida Receives State Funding for Motorcycle Safety: As Florida Governor Charlie Crist signed the 2010-2011 Florida Budget (HB 5001) into law on May 28, ABATE of Florida will receive a quarter of a million dollars specifically to promote motorcycle safety and awareness. “The Florida Dept of Highway Safety and Motor Vehicles recognized ABATE of Florida for our continuing work attempting to make the roadways of Florida safer for all motorcyclists,” said James “Doc” Reichenbach II, President of ABATE of Florida, Inc., and Chairman of the NCOM Board of Directors in a prepared statement. The exact wording from the state budget’s “Contracted Services From Highway Safety Operating Trust Fund” reads; “From the funds in Specific Appropriation 2735, nonrecurring funds in the amount of $250,000 are for the purpose of promoting motorcycle safety awareness through public information and educational campaigns. These funds are provided to the American Bikers Aiming Toward Education of Florida, Inc.” This is not the first time that ABATE of Florida has received state funding from the DHSMV. Over the last few years, the state government has recognized ABATE’s valuable Motorcycle Safety and Awareness Program (MSAP) for saving lives of motorcyclists statewide. ABATE’s MSAP program has been presented to local civic groups, schools and public events by 32 ABATE chapters statewide, and an independent audit is provided to ensure that the funds are utilized to enhance motorcycle safety education.
Survey Reveals Motorcycle Safety Practices: Consumer Report’s latest survey reveals the safety habits of motorcycle and scooter owners across the U.S. A little over half of more than 1,300 respondents said they had taken a formal riding instruction course. Nearly 1 in 4 said they don't always wear a helmet when they ride. Half of the respondents reported regularly wearing protective boots, and less than half said they regularly wear gloves. About 25% said they always wear a leather, or other protective jacket when riding. Fewer than 10% always wear protective pants or clothing in high-visibility colors. Three out of five riders admitted to riding in a short-sleeved shirt, and about a quarter said they rode in shorts.
Motorcycle-Only Checkpoints Challenged: Since 2007, the New York State Police, along with other county and local police departments, have been conducting motorcycle-only police checkpoints on the roadways of New York State , often targeting major motorcycle events. Authorities claim that the purpose of these stops, at which they issue numerous tickets for helmet and exhaust pipe violations, is to advance motorcycle safety. “Being a motorcycle rider myself, as well as the Aid to Injured Motorcyclists Atty for New York State, I was asked by ABATE of New York to contest this infringement on the rights of motorcyclists,” said Mitch Proner, who then advised the State Police and municipal authorities of his intent to file suit on behalf of ABATE and the National Coalition of Motorcyclists if the discriminatory roadblocks continued. “My letter was ignored and consequently, with the help of then-President of ABATE, Robert “Prospector” Boellner, I found class representatives to bring my action against the New York State Police as well as the other municipal agencies and elected officials participating in these stops,” explains Proner. In the first lawsuit of its kind in the United States , the NYC law firm of Proner and Proner is challenging the constitutionality of this unwarranted police action on First, Fourth, Fifth and Fourteenth Amendment grounds in the Federal Court for Northern District of New York. “The United States Supreme Court has long recognized that when a motorist is stopped on the roadway, there is a ‘seizure’ under the Constitution,” Proner notes, adding that “Whether or not this ‘seizure’ is unconstitutional depends on whether or not objective facts indicate that society’s legitimate interests warrant the seizure and the degree to which it intrudes on the individual’s personal liberties.” Although the lawsuit is still in the discovery stages, internal memorandum which police have been forced to disclose as result of the lawsuit indicate that members of the NYS gang unit are assigned to work the checkpoints and Proner thinks the Court will agree that the stops are designed primarily for law enforcement purposes as opposed to public safety purposes. “Rather than promoting any legitimate public safety concern, the checkpoints are intended to harass and intimidate motorcyclists attempting to attend motorcycle events thereby depriving them of their First Amendment right to freedom of assembly as well as their Fourth, Fifth and Fourteenth Amendment rights to due process, equal protection and freedom from unreasonable searches and seizures” he concludes.
Weird News: Woman Fined for “Not Having a Clear Field of Vision”: A woman driver wearing an Islamic face veil was ticketed by French traffic police for not having a clear field of vision. The 31-year-old French citizen was fined euro22 ($29) in early April based on a rule that says drivers should have freedom of movement and a sufficient field of vision, her lawyer Jean-Michel Pollono said. Pollono told reporters that he is protesting the decision, saying a veil is no different from a motorcycle helmet in terms of hindrance to vision; “If the veil is forbidden behind the wheel…then full helmets for motorcyclists should be banned, because you can't see on the sides." Following months of parliamentary discussion and Gov’t talk about banning veils in public, the case has escalated in the media spotlight. The woman’s husband has since been accused of polygamy and fraudulently benefiting from state financial aid for single parents paid to each of his four wives -- all of whom wear veils.
Quotable Quote: “Patriotism is easy to understand in America; it means looking out for yourself by looking out for your country.”
- Calvin Coolidge (1872-1933), Thirteenth President of the United States
May 25th 2010




Wed, May 19, 2010 Subject: NCOM BIKER NEWSBYTES
May 10th 2010 Obama Tells Patriot Guard To Get Lost Tue, Apr 27, 2010 There was a memorial service two days ago in Beckley, West Virginia for the 29 coal miners who died at the nearby Upper Big Branch mine April 5th. Twenty-eight hundred people attended the service. Most of them were there to pay their respects and console the grieving. At least a couple of them were there to make symbolic, political appearances. Many of the working class men who died were veterans and some of them rode motorcycles. A source has told this page that “Families of the miners killed in the explosion… had requested the Patriot Guard Riders attend.” The Patriot Guard Riders is an informal club of veteran motorcyclists which exists to make sure that all veterans are given respectful funerals. And, they were banned from this service by federal officials because those officials believe the Patriot Guard is a security threat. Cleared With Governor The appearance of the Patriot Guard at the service, at the request of at least several families, was cleared by West Virginia Governor Joe Manchin. Travis Mollohan, a senior aide to the Governor worked with the Patriot Riders to arrange a staging location. The day before the service, Joe Cumblidge, the West Virginia State Captain of the Patriot Guards emailed the men who were scheduled to participate: “Due to circumstances totally and completely beyond the control of the Patriot Guard Riders and Governor Joe Manchin of West Virginia, we are regrettably ordering a STAND DOWN for this mission. Specific details will not be posted here but, we’ve been told we are not welcome to participate because of certain high-level dignitaries that are scheduled to be in attendance.” The “high-level dignitariesere President Barack Obama and Vice-president Joe Biden. A Patriot Guard Rider named Pat Hanifin told WSAZ in Charleston that Manchin had been forbidden to allow the Patriot Guard to participate “because of overwhelming security concerns with high-ranking federal officials – it was just not logistically possible for them to be a part of the event.” A member of the Patriot Guard who had planned to ride that day told this page, “the reason was because the Secret Service did not want us there because of the possibility of the President attending. Why? So he can stand there like a fool and disrespect every veteran in attendance with his hands crossed?” ..remember that Homeland Security and the Obama Admin have listed US Veterans on the 'Watch List'... and since much of the Patriot Guard is made up of US Veterans - you see WHY Obama Admin doesn't want US Vets anywhere around him at a public event. ..'google' it yourself |
March 26th 2010
Brasscheck TV: New legal structure to jail US dissenters indefinitely
Just when you think the criminals in Washington
could not possibly get any more perverse...
Joseph Lieberman and John McCain have come up with
a new way to "protect" you.
Hint: It involves arresting you, holding you indefinitely
without legal rights, and "interrogating" you...if it
is deemed that you *might* know something of
interest to the so-called government.
I kid you not. The new bill is being considered right now.
Veterans and Bikers are now considered the NEW Domestic Terrist Threat
because some americans may fear them.
Details:
http://www.brasschecktv.com/page/827.html
March 25th 2010
The Snitch in Your Pocket – Feb 19, 2010 – USA – By Michael Isikoff; Newsweek...
Those questions are now at the core of a constitutional clash between President Obama's Justice Department and civil libertarians alarmed by what they see as the government's relentless intrusion into the private lives of citizens. There are numerous other fronts in the privacy wars—about the content of e-mails, for instance, and access to bank records and credit-card transactions. The Feds now can quietly get all that information. But cell-phone tracking is among the more unsettling forms of government surveillance, conjuring up Orwellian images of Big Brother secretly following your movements through the small device in your pocket.
How many of the owners of the country's 277 million cell phones even know that companies like AT&T, Verizon, and Sprint can track their devices in real time? Most "don't have a clue," says privacy advocate James X. Dempsey. The tracking is possible because either the phones have tiny GPS units inside or each phone call is routed through towers that can be used to pinpoint a phone's location to areas as small as a city block.
For Full Article go to: http://www.newsweek.com
February 9th 2010
(Editorial)... Indica Search Warrants: The Truth Behind This Perverse Abuse of Power � Jan 20, 2010 - U.S.P. Hazelton � By Kevin �Outlaw Spike 1%er� O�Neill
Down The Rabbit Hole: In Racketeer Influenced & Corrupt Organizations Act investigations, the targeted group is referred to as an �enterprise.� Under (federal law) Title 18, United States Code, Section 1962(c), Congress has made association with an enterprise one element of the RICO offense. Consequently, evidence of the associational element of RICO is often times obtained through an indicia search warrant of a suspect�s property. It is important to note, though, that mere membership or association is not sufficient to prove a person conspired with other members to violate the RICO statute�the federal courts are unanimous on this issue. Continuing on, many states have additionally created laws enhancing sentences if a criminal defendant is a member of an �ongoing organization, association, or group of 3 or more persons ... having a common sign of symbol.� (Quoting Cal.Penal Code Section 186.22). For example, you are a member of a motorcycle club & are employed as a bouncer at a local nightclub. One night a drunk bar patron attacks you during the course of your job & in self-defense you send the person to the hospital, or worse. As a result of your membership in a motorcycle club your name & other personal information already exists in law enforcement computers with its vast network of categorical alerts. You can next expect the local & federal �gang squads� assigned to �disrupt� & �neutralize� your particular club to be immediately notified. And given the fact you are part of an ongoing group of �three or more persons ... having a common ... symbol,� the agents will seek the most serious offense(s) possible & additionally allege the incident was committed to �otherwise further the goals of the enterprise.� (Quoting standard boilerplate rhetoric from a RICO indictment).
Pandora�s Box Opens: Similar to magicians performing feats of misdirection & illusions in the fairy-tale casinos hotels of Las Vegas, cunning agents & obliging prosecutors begin crafting indicia warrants with a mixture of magic buzzwords & linguistic sorcery in an effort to justify the maximum amount of force & intrusion to obtain the so-called �evidence� of membership or association. The more violence, property damage & indicia seized, determines the success of the raid(s).
Once a warrant is rubber�stamped by the court the agents prepare for a commando-type assault on often unoccupied clubhouses and/or homes. In pursuit of the innocuous items of �evidence,� such as vests, patches, jackets, belts, hats, clocks, photos, calendars, correspondence & other things, agents in the raids have:
1) Utilized armored vehicles to ram through fences & buildings;
2) Discharged stun grenades, military tear gas, causing serious & permanent injury in some cases;
3) Shot & killed people & family dogs;
4) Pointed guns inches from the heads of terrified children while shouting obscenities;
5) Maliciously destroyed & defaced property.
Keep in mind that these items are not illegal nor contraband & are eventually returned to the rightful owners, unless of course, the agents themselves steal indicia as trophies or for use in counterintelligence tactics.
The Hidden Agenda: A layperson to indicia warrants might wonder why there is so much force & destruction with a significant risk to human life over the seizure of noncontraband property. For those of you that have yet to figure it out, searching for �evidence� of membership or association is only a ruse to gain entry designed to give off the appearance of justice�cloaking a more sinister & illegal objective. An indicia warrant is one of the means & methods by which the cells & prosecutors �disrupt� & �neutralize� MCs they deem nonconformists. The real purposes behind this investigative tool include but are not limited to:
A) Causing economic hardship;
B) Creating fear, confusion & dissension among the membership & their families;
C) Disrupting & chilling the group�s activities & freedom of association;
D) Stigmatize the membership with its neighbors, employers, co-workers & families;
E) Creating opportunities for new stratagems;
F) Seizing as much lawful property as possible forcing on the group the added economic hardship of legal fees.
In reality, the cells of federal & state counterintelligence partisans assigned to investigate motorcycle clubs already retain the �evidence� of membership or association within their files. Indeed, thousands of photos & countless hours of video surveillance is taken by the cells of agents annually of the clubs & their respective members wearing the indicia at funerals, public motorcycling events, bars, restaurants, concerts, campgrounds, motels, parties & even at their private homes. Many members are accosted on public streets & are forced at gun point by police to submit to shirtless upper-body photos for �evidence� of club-related tattoos (this happened to me & many others on Main Street in Daytona Beach at the height of the annual Bike Week rally numerous times).
Countering the Counterintelligence Agents: A search warrant is supported by a sworn affidavit & submitted under the penalty of perjury. Knowingly omitting the fact the agents possess in their files the very �evidence� sought by the indicia warrant is a felony crime under 18 U.S.C. Section 1623, punishable by a fine �or imprisoned not more than five years or both.� Id. Unfortunately, though, the prosecutors control the machinery of a Section 1623 prosecution for filing a materially false declaration & routinely ignore or even assist counterintelligence agents in serious criminal activities. Anyone who doubts this need only read the numerous civil suits flooding the federal District of Massachusetts this past decade of FBI-aided murders & cover-ups. Judges assigned to these law suits were stunned repeatedly by the Dick Nixon-like defenses asserted by the U.S. Department of Justice attorneys in the face of unrefutable evidence of the criminal activities by the FBI. One judge found that �[i]t is difficult to imagine conduct more outrageous, more removed from what this country stands for, than the conduct alleged here.� Quoting Limone v. United States, 336 F.Supp.2d 18, 45 (D.Mass.2004); see also Bennett Ex Rel. Estate of Bennett v. FBI, 278 F.Supp.2d 104, 118 (D.Mass.2003) (�there remains another twist in the decades-long story of official cover-ups: [the court] find[s] that the FBI fraudulently concealed evidence of its own involvement in William Bennet�s death when Bennett, Jr., began to make inquiries ...�). Most of you blindly trust what lawyers tell you. The fact is, there are very few attorneys that have the innovation or the courage to challenge the rampant expansion of power of those acting under the color of state or federal law. And then there are the people that are just plain afraid to do anything about these burglars with badges literally stealing truckloads of your club�s regalia�knowing�they already possess the necessary �evidence.� If you have had your club property seized and/or know your picture has been taken by law enforcement as a result of your membership or association in a particular club, there is something you can do within your ability. The law governing the return of property seized in a warranted search comes down to this: �[R]easonableness under all of the circumstances must be the test when a person seeks to obtain the return of property. If the United States has a need for the property in an investigation or prosecution, its retention of the property generally is reasonable. But if the United States� legitimate interests can be satisfied even if the property is returned, continued retention of the property would be unreasonable.� Quoting Committee Note to 1989 Amendments to Federal Rule of Criminal Procedure 41 (emphasis added). You can satisfy the Govt�s legitimate interests by stipulating to membership by a declaration submitted under the penalty of perjury to the local office of the U.S. Attorney via Certified Mail. Thus, the government has the necessary �evidence� making the continued retention of your club property unreasonable.� This idea came to me while litigating the return of truckloads of property seized from a clubhouse in Oklahoma City. Once the government realized I was attempting to expose its colossal abuse of indicia warrants they couldn�t return the property fast enough to avoid a ruling on this point by the 10th Circuit Court of Appeals in Denver, Colorado. See United States v. Nelson, 2006 U.S. App. LEXIS 20549 (10th Cir., Aug. 8, 2006)(opinion by Circuit Judge Terrance L. O�Brien). For those of you that have had just your picture taken wearing the �evidence� of membership, put the Gov�t on notice by submitting a declaration once again to the U.S. Atty�s office in your area. In the event the agencies they supervise apply for indicia warrants at a later date you now retain the �evidence� they committed perjury in the supporting affidavit. Of course, though, the facts & the circumstances vary when drafting a proper declaration. For those interested I will demonstrate in a future posting.
Article URL: http://fedsgonebad.blogspot.com/2010/01/indicia-search-warrants-truth-behind_23.html
Indicia Warrant From Hell � Feb 2, 2010 � USA � By The Aging Rebel - Kevin O�Neill, a member of the American Outlaws Association currently confined to a cage, recently posted a nice piece on Indicia Search Warrants. If you have not yet read it yet you can find O�Neill�s essay at fedsgonebad.blogspot.com. Indicia (pronounced in-DISH-hee-uh) is a legal term that means �signs� or �indications� & it is the pretext for most of the search warrants executed against members of motorcycle clubs. It is a crime to belong to a racket. When the police are allowed to begin an investigation with the conclusion that a motorcycle club is a racket then they may legally search for evidence of membership in that club. The residence of every patch holder, prospect & most hang-arounds will contain if not a patch then at least a bandanna, buckle, support shirt, or a wall calendar.
Bastardized Law Enforcement: O�Neill calls such warrants a �bastardized law enforcement tool� & only a Bolshevik would argue with him. By definition, a patch holder will be holding a patch in his home so an indicia warrant provides an excuse to search any patch holder�s home at any time if you simply remember to accuse his club of being a racket first. And, since these warrants are served on bikers they are always served by a SWAT Team in full, flamingly flamboyant costume. Last fall, a member of the Pagan�s MC named James Hicks was gunned down in front of his wife Cathy in his own kitchen during the service of an indicia warrant. Because even good citizens who abhor the idea of motorcycle clubs would be appalled to know what got James Hicks killed that warrant has never been made public. This page has seen the warrant & it lists as �Items to be seized� from Hicks� home �PMC members� colors & club memorabilia such as patches, shirts, cuts, jewelry, belts, wristbands, wallets, walking sticks, posters, glassware, statues, plaques, business cards or club cards & the PMC constitution or any document containing PMC membership information or PMC rules.� The items actually seized from Hicks� home included a �shotgun, a bank statement, assorted photos, (2) motorcycle helmets, MC Club patches, 2 Pagan walking sticks, camera, Samsung video camera� & �assorted ammunition.�
Happy New Year: Last New Year�s Eve the less tragic victims of an indicia warrant were members of O�Neill�s old club, the Outlaws. Sheriff J.J. Jones of Knox County, Tennessee, which surrounds Knoxville, decided to wreck the sedate celebration at the AOA clubhouse there. The raid, Sheriff Jones candidly admitted, was because the Outlaws deserved it. �These guys are a menace to society,� Jones told the Knoxville News Sentinel. �Everything they stand for is illegal.� �They�re involved in every illegal activity known to man,� Jones then told television station WLVT. �Prostitution, methamphetamine.� Probably if he had been less tongue tied from being on television, Jones could have gone on to list exotic bird smuggling & stock fraud. The one, particular, illegal thing about a dozen people were doing at 9 pm when the local SWAT attacked the clubhouse with concussion grenades, was they were eating a platter of cold cuts. �They totally destroyed the house, they took everything out of there,� Mark Lester, a regional officer of the club & 1 of 2 men actually arrested that night, told the News Sentinel this week. �They took all our TVs, our microwaves. � It was just really crazy stuff. All they found was some alcohol & sandwich platters.�
Desperadoes: Lester & the local chapter President, Kenneth Foster, were charged with aggravated robbery & aggravated kidnapping. Lester, has three previous convictions. He was a �disorderly person� in 1984, he ran a stop sign ten years later & he was charged with reckless driving a year after that. Foster was arrested twice in 1984 for misdemeanor drug possession. Lester told the Knoxville paper that �the most painful loss was that of a group of stone monuments in the clubhouse yard that had been set up to memorialize fallen Outlaws.� �The stones in the front yard for brothers who have died over the last 15 years, they dug those up & took them,� Lester said. �It was just ridiculous.� The pretense for the raid was a search for indicia. The stone markers in the front yard were seized because they are indicia. The microwave was probably seized because it had a �Support Your Local Outlaws� sticker on it. Still there was one specific piece of Outlaws indicia that was not found.
The Hero: At the time of the official police pillaging the usual news media were advised & reported that the raid was the culmination of a 14-month-long �undercover investigation.� The �investigation� was carried out by a guy named Joseph Linger who was widely indentified as an �undercover officer� but who appears more to have actually been a paid confidential informant or an opportunist. Linger, once worked as a small town cop in Alaska, eventually rose to become a Knox County jail employee & as recently as sixteen months ago, when he began hanging around the Knoxville Outlaws, he was working as a bouncer at a nightclub in Gatlinburg. Presumably, he now has a financial arrangement with the Knox County Sheriff that includes the honorary title �undercover officer.� The raid was based on an 18-page affidavit sworn & attested to by Linger. And, like many tales told by many confidential informants it is a sordid & colorful mix of drugs, sex, illegal weapons, & a �propensity for violence.� Linger explains that last December 23rd Lester & Foster somehow discovered that he was working for the local police & demanded that he surrender his colors, get out & never come back. Linger charges that the 2 AOA officers took the vest from him at gun point. Lester & Foster maintain that they did not need a gun. The New Year�s Eve was all about that vest. The alleged robbery was the confiscation of Linger�s vest. The kidnapping was presumably the time it took to pull the colors off the informant�s back. The vest was not located during the raid. Police are still searching for it. So there may be more SWAT raids. Maybe on Valentine�s Day. Whatever you do, don�t buy your old lady flowers in your club�s colors.
Free Biker in the name of Justice Jan 6, 2010 � Wisconsin -
A fellow biker and former marine from Wisconsin with a serious medical condition needs your help to simply be set free earlier based upon personal hardship.
"We really need bikers and supporters to sign our petition so my husband can come home where he belongs", Maury's wife, Valerie pleaded.Maury Tradewell,a righteous biker and motorcycle mechanic (has put many a biker back on the road from his shop at home) had a serious medical reaction at home several months ago. His wife called for emergency assistance and the police arrived with aggressive behavior against Maury rather than as an emergency response (because he has a history of being tough). The authorities arrested Maury saying he was non-cooperative and his probation (of which he completed 4 1/2years without incident with 6 months left) was revoked not long after - thereby imprisoning him for 15 months until completion of his bid in Nov 2010.
In that time Maury has suffered a brain aneurysm and his health has failed. While authorities are hard on Maury because he is a biker, supporters like SaddleTramp Magazine, AlphaBiker.com, BikerLowDown.com Radio and B.A.D.(Bikers Against Discrimination) seek help from the motorcycle world "to sign a petition to modify a sentence for our brother of the open road, Maurice D. Tradewell of Pardeeville, WI. We are asking for a sentence reduction to time served."
The petition will be presented at an upcoming hearing to show citizen support for Maury's early release. Please sign the petition at http://www.ipetitions.com/petition/freemaury/
December 31st 2009
U.S. placed under international police-state
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In the dead of night on December 17, 2009, President Barack Hussein Obama placed the United States of America under the authority of the international police organization known as INTERPOL, granting the organization full immunity to operate within the United States. (AP Peter Dejong).
Last Thursday, December 17, 2009, The White House released an Executive Order "Amending Executive Order 12425." It grants INTERPOL (International Criminal Police Organization) a new level of full diplomatic immunity afforded to foreign embassies and select other "International Organizations" as set forth in the United States International Organizations Immunities Act of 1945. By removing language from President Reagan's 1983 Executive Order 12425, this international law enforcement body now operates - now operates - on American soil beyond the reach of our own top law enforcement arm, the FBI, and is immune from Freedom Of Information Act (FOIA) requests. What, exactly does this mean? It means that INTERPOL now has the full authority to conduct investigations and other law enforcement activities on U.S. soil, with full immunity from U..S. laws such as the Freedom of Information Act and with complete independence from oversight from the FBI. In short, a global law enforcement entity now has full law-enforcement authority in the U.S. without any check on its power afforded by U.S. law and U.S. law enforcement agencies. A bit of background is in order here, and hot air provides it: During his presidency, Ronald Reagan granted the global police agency Interpol the status of diplomatic personnel in order to engage more constructively on international law enforcement. In Executive Order 12425, Reagan made two exceptions to that status. The first had to do with taxation, but the second was to make sure that Interpol had the same accountability for its actions as American law enforcement � namely, they had to produce records when demanded by courts and could not have immunity for their actions. Barack Obama unexpectedly revoked those exceptions in a change to EO 12425 last (week)... Thus, Interpol now can conduct its operations on U.S. soil with ZERO accountability to anyone in this country. And your beginning to understand now just what the 'end game' is on the part of those who are currently running the U.S. Government? Let's go a step further in fleshing out exactly what this means in practical terms. It gets ugly...and scary. Again, from ThreatsWatch: Section 2c of the United States International Organizations Immunities Act is the crucial piece. Property and assets of international organizations, wherever located and by whomsoever held, shall be immune from search, unless such immunity be expressly waived, and from confiscation. The archives of international organizations shall be inviolable. (Emphasis added.) Inviolable archives means INTERPOL records are beyond US citizens' Freedom of Information Act requests and from American legal or investigative discovery ("unless such immunity be expressly waived.") Property and assets being immune from search and confiscation means precisely that. Wherever they may be in the United States. This could conceivably include human assets - Americans arrested on our soil by INTERPOL officers. Why would INTERPOL be arresting American citizens on our own soil, without oversight from our own law enforcement agencies? And remember, citizens who are thusly arrested would have no legal authority to demand full documentation from the International Police concerning the charges brought against them. Andy McCarthy at National Review asks these crucial, sobering questions of the secretive Obama order: Why would we elevate an international police force above American law? Why would we immunize an international police force from the limitations that constrain the FBI and other American law-enforcement agencies? Why is it suddenly necessary to have, within the Justice Department, a repository for stashing government files which, therefore, will be beyond the ability of Congress, American law-enforcement, the media, and the American people to scrutinize? At least one answer to these questions is very clear. A coup is underway in the United States of America, the goal of which is to establish complete, unquestioned authority over the citizens--a 'fundamental change' to the United States where citizens have no legal recourse against an authoritarian central government..
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The Actual Order:
The White House Office of the Press Secretary EXECUTIVE ORDER By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 1 of the International Organizations Immunities Act (22 U.S.C. 288), and in order to extend the appropriate privileges, exemptions, and immunities to the International Criminal Police Organization (INTERPOL), it is hereby ordered that Executive Order 12425 of June 16, 1983, as amended, is further amended by deleting from the first sentence the words "except those provided by Section 2(c), Section 3, Section 4, Section 5, and Section 6 of that Act" and the semicolon that immediately precedes them. THE WHITE HOUSE,Executive Order -- Amending Executive Order 12425
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AMENDING EXECUTIVE ORDER 12425 DESIGNATING INTERPOL AS A PUBLIC INTERNATIONAL ORGANIZATION ENTITLED TO ENJOY CERTAIN PRIVILEGES, EXEMPTIONS, AND IMMUNITIES
BARACK OBAMA
December 16, 2009.
12/22/2009
The AIM/NCOM Motorcycle E-News Service is brought to you by Aid to Injured Motorcyclists and the National Coalition of Motorcyclists, and is sponsored by the Law Offices of Richard M. Lester. Compiled & Edited by Bill Bish�
United Nations Launches Global Road Safety Initiative:
With traffic accidents causing the deaths of more than one million people worldwide every year, more than malaria or diabetes, United Nations Secretary-General Ban Ki-moon told participants at the First Global Ministerial Conference on Road Safety in Moscow that more must be done to tackle the global �crisis� of road traffic fatalities. In addition, some 50 million people are severely injured, costing governments 1 to 3% of their gross national products.
Opening the conference, the Pres of Russia Dmitry Medvedev called for action on a worldwide crisis running at 1.27 million road deaths every year, with about half of those deaths occurring among vulnerable road users such as cyclists, motorcyclists, and pedestrians. The conference culminated with ministers of more than 70 countries around the world approving the Moscow Declaration, which calls for a �Decade of Action for Road Safety� and to begin to set out plans for global coordination of the unprecedented effort to reduce road traffic injuries 50% by 2020.
The Safe Systems strategy advocated in the Moscow Directive requires the entire road�traffic management system to be designed around compensating for the errors of road users, so that people can survive the consequences of their mistakes. �Simple measures such as introducing and enforcing compulsory helmet and seat belt laws can make a large difference in the trauma that comes with motorization,� write risk management researchers from Australia .
Only 40% of countries currently have motorcycle laws that stipulate helmet use for the rider and passenger, according to the World Health Organization, and fewer than 60% of countries have laws in place that require all car occupants to wear seat-belts.
The four page Decade of Action declaration includes specific action on vulnerable road users. It reads: �Make particular efforts to develop and implement policies and infrastructure solutions to protect all road users in particular those who are most vulnerable such as pedestrians, cyclists, motorcyclists and users of unsafe public transport, as well as children, the elderly and people living with disabilities.�
On signing the declaration, Gov�ts, United Nations agencies, civil society organizations and private companies will agree to set �ambitious yet feasible� targets for reducing traffic casualties in each country.
Congressional Action Sought To Protect Youth Cycle Sales: Because the Consumer Product Safety Commission has refused to lift a ban against the sale of kids� dirt bikes and ATVs due to lead content of some parts, although the CPSC agreed to stay the ban until May 1, 2011, the U.S. House of Representatives passed an appropriations bill on July 16th that would prohibit funding for the ban. An amendment by Representative Denny Rehberg (R-MT) to the House fiscal year 2010 Financial Services Appropriations bill prohibits the use of funds by the CPSC to implement or enforce section 101(b) of the Consumer Product Safety Improvement Act of 2008 regarding banning the sale of off-highway motorcycles and all-terrain vehicles intended for use by children 12 and under.
The CPSIA was intended to limit the lead content of children�s toys made in China, but as an unintended consequence resulted in motorcycle manufacturers ordering dealers nationwide to stop selling youth-oriented vehicles and parts. Similar legislation introduced in the Senate does not contain the Rehberg Amendment language, and has not reached the Senate floor for a vote.
Help protect access to youth-model off-road vehicles and parts by contacting your federal legislators and ask them to support language in the final appropriations bill that excludes children�s motorcycles and ATVs from the CPSIA.
Pennsylvania Noise Legislation Could Turn Nosey Neighbors Into Narcs: House Bill 2104 on noise control was introduced in the Pennsylvania legislature on Nov 18 and referred to the House Committee on Transportation to consider allowing citizens to report loud vehicles and noisy mufflers to authorities for further action. As introduced, HB 2104 reads;
Exhaust systems, mufflers and noise control.
(f) Enforcement for violations -
(1) A person who reasonably believes that a motor vehicle is in violation of this section may file a complaint,
containing the registration plate number, with a magisterial district judge.
(2) Based on the information in the complaint, the magisterial district justice may issue a search warrant for
the vehicle and shall forward the search warrant and information contained in the complaint to the
Pennsylvania State Police for investigation.
(3) Upon receipt of the search warrant, the Pennsylvania State Police shall investigate whether the
vehicle is in violation of this section and shall take appropriate action to enforce the provisions
of this section.
(4) A person who files more than one complaint under this section which, after investigation by
the Pennsylvania State Police, are determined not to support a violation of this section shall
be prohibited from filing any additional complaint under this section for a period of 12 months.
Always-On Headlight Law Proposed In Illinois: A state lawmaker has introduced legislation requiring Illinois motorists to turn on their headlights even during daylight hours to make it easier for motorists to see each other, thus reducing accidents. "It would enhance safety," Rep. Dan Brady said. It also would put Illinois alone in the U.S. Although day-time running lights are required in some European countries, the only other state where it is even being considered is Alaska. In Juneau, state lawmakers say long twilight periods and low sun angles there produce shadows and make it difficult to see vehicles.
Most motorcycles are already required to have a headlamp on at all times for increased conspicuity, and many riders feel they would lose their visibility and be lost in a sea of headlight beams if all vehicles were to run with their lights on.
If House Bill 4701 is approved, someone caught for not turning on their lights could face a fine of $75. Brady said he wants to study the issue more before he asks his colleagues to vote on the matter.
S.C. Supreme Court Could Rule On Myrtle Beach Helmet Lawsuits: Two lawsuits against Myrtle Beach over the city�s helmet law could be heard by the state's high court in the new year. The S.C. Supreme Court clerk sent a letter to Myrtle Beach and the plaintiffs saying the lawsuits filed by business owners and a group of motorcyclists might be heard in the February session. The plaintiffs are suing the city to stop it from enforcing the motorcycle helmet law it imposed last year as part of a package of 15 new ordinances designed to deflect the May motorcycle rallies from the city.
Attorneys for the city, Business Owners Organized to Support Tourism and the 49 riders who protested the city's helmet ordinance on the day it became effective and were ticketed have filed their briefs with the high court, allowing judges to read the issues that will be argued orally if the hearing is slated. Lawyers representing BOOST have filed more than 30 pages of briefs containing multiple sections, contending among other issues:
- The city is overstepping its bounds by making such a law;
- The General Assembly intended people older than 21 to have freedom of choice on wearing helmets;
- The helmet ordinance violates the state's Uniform Traffic Act;
- The ordinance should be voided because it is vague and ambiguous;
- The ordinance is arbitrary, capricious and unreasonable;
- And ending a motorcycle rally isn't a legitimate Gov�t purpose.
But Tom McGrath, Aid to Injured Motorcyclists atty for Virginia who is representing the protesters filed a much shorter brief, saying among other things that most of the arguments don't matter because the city's ordinance is at odds with state law, and for that reason alone it should be tossed out. "The gist of the city's arguments is that it has the right to do whatever it wants to do as long as it declares something to be a public nuisance and decides to abate it," McGrath's brief begins. "...If the ordinances conflict with state law, the ordinances are void. If the ordinances are void, their underlying merits are irrelevant."
Arizona Bikers Protest Discrimination And Police Harassment: As a state highway patrol helicopter circled low over head and the state gang task force took photos from across the street, several hundred bikers from 40 motorcycle clubs throughout Arizona assembled after their regularly scheduled Arizona Confederation of Motorcycle Clubs meeting on November 7th for a protest ride past four Kingman bars that recently adopted a �No Colors� policy. ACMC advocates for biker rights and meets twice a month, discussing issues like helmet or emission laws or pushing for biker-friendly legislation. Dan Balentine, president of the Desert Road Riders MC and secretary for the ACMC told the Daily News that the confederation of clubs is in the process of hiring a third lobbyist to work on the no colors policy initiated by some bars and restaurants in Kingman. Balentine said ACMC's mission statement is to educate the public of the positive aspects of motorcycle clubs and lawfully oppose intrusion to biker rights.
One of the ACMC lobbyists, Skypilot, is based at the state capital in Phoenix and works with the legislators while a second lobbyist works on federal issues in Washington , D.C. Skypilot reported that he is talking with state legislators on motorcycle issues such as right of ways, emissions, discrimination by law enforcement, correctly fastening license plates and extended yellow lights.
ACMC's president Ray "Still Ray" Fitzgerald, said the object of the protest ride was to draw attention to the way the gang task force illegally forces bars to adopt the no colors policy or face having their liquor licenses pulled. Riders wearing their club colors on the protest ride arrived armed with discrimination forms to document people who were turned away for a possible class-action lawsuit.
"Why would they turn us away?" said Steve Musgrave, a member of the Desert Thunder MC and a registered motorcycle rights lobbyist for eight years. "Our money should be as good as everyone else's." Musgrave, who also serves on the National Coalition of Motorcyclists (NCOM) board of directors, said it is unfair for police to label motorcycle clubs as gangs. "We are a club, not a gang. We have regular meetings and pay dues," he said. "Almost everybody here is a law-abiding citizen who has a job and pays their taxes, just like everyone else."
Australian Bikers Threaten To Sue Pubs Over Colors Discrimination: Members of at least 21 of the state's �bikie gangs� are preparing to sue the 53 pubs, clubs, hotels and cocktail bars from Wollongong to The Entrance where they are banned if they turn up for a drink wearing club colors or their trademark bikie jewelry. They claim the bars are breaching the Anti-discrimination Act, the Human Rights Commission Act and probably the International Covenant on Civil and Political Rights which has been adopted by Australia. After gauging reaction from the bars, the United Motorcycle Council NSW plans to take action on behalf of all the clubs. The council was formed earlier this year as a reaction to government efforts to ban motorcycle clubs through the strictest anti-gang laws in the world.
Japanese Motorcycle Exports Down By Half: Motorcycle exports from Japan have slumped by over 50%, according to shocking new figures released by the industry watchdog. In Oct 2009 global exports of motorcycle from Japan were recorded at 41,143 units, compared with the 90,702 units total recorded for the same month of the previous year. The 54.6% export decrease is the twenty-fifth consecutive month that export figures have dropped, according to a recent JAMA report. The total value of motorcycles exported for Oct was 334.12 million U.S. dollars including 229.94 million U.S. dollars for vehicles and 14.18 million U.S. dollars for parts. This is a decrease of 263.09 million U.S. dollars or 44.1 percent, as compared with 597.21 million U.S. dollars recorded for the same month of the previous year, the report stated.
Too bad that all the people who really know how to run the country are busy driving taxi cabs and cutting hair�
- George Burns, comedian (1896 � 1996)
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