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An Eye on Recent Motorist Rights Court Cases

By | General Posts

FROM National Motorists Association https://www.motorists.org

Motorist rights cases have made news and even history recently. There have been so many as of late, we are dedicating two separate newsletters to provide some insight on the legal rulings that are affecting drivers around the country.

This week’s newsletter focuses on recent rulings and pending US Supreme Court and federal court cases. Part 2 next week will outline state court decisions.

TheNewspaper.com, featured prominently in these two newsletters, is a great supplement to the NMA’s Motorists.org site for the latest news and opinions on the politics of driving.

The US Supreme Court (SCOTUS)

Last week’s unanimous decision that curtails excessive government fines and property seizures has provided further impetus for one of the NMA’s primary lobbying initiatives: civil asset forfeiture (CAF) reform. The decision received broad bipartisan praise. Justice Ruth Bader Ginsburg wrote in the ruling that the excessive fines clause is a fundamental restriction that applies to the states under the due process clause of the Fourteenth Amendment. While the SCOTUS decision is monumental, the fight is far from over. Some states still allow the seizure of property from citizens — motorists are prime targets — who have never been charged with a crime. Our work for reform at the federal and state levels continues in earnest.

Additionally, SCOTUS accepted a case in January that will decide whether an unconscious drunk person has given implied consent for a blood draw to determine alcohol level. The case might resolve an important constitutional question: Can state legislatures obviate the warrant requirement by “deeming” that citizens can consent to Fourth Amendment searches without explicitly expressing that consent?

Federal Appeals Court Cases

Judges for the Fifth Circuit Court of Appeals ruled in late January that a person driving a registered vehicle on a public road is not “reasonably suspicious.” Federal authorities appealed a motion to suppress evidence obtained from a border patrol traffic stop in Freer, Texas. The driver turned onto a public road that happened to bypass a checkpoint 50 miles inland from the Mexican border. The U.S. government has declared anything within 100 miles to be under Border Patrol jurisdiction. The Court ruled that turning onto a road that is “known” for smuggling in a truck registered to an individual is not enough to support reasonable suspicion. If it were, then virtually anyone driving within 100 miles from the border could automatically be deemed suspicious.

In December, judges in the Eighth Circuit US Court of Appeals ruled that it is appropriate for officers to use force to ram a driver with an expired registration sticker off the road. The driver sued the Arkansas state trooper for using excessive force and a US District Judge agreed with the plaintiff that the officer was out of line. She felt that at the time the trooper turned on his lights to make the stop, she could not reasonably do so on the shoulder which was unlit, dark and narrow. She continued to drive 20 mph under the speed limit for 42 seconds to find a safer spot, but after she passed an exit the trooper used a precision immobilization technique (PIT) maneuver to push her vehicle into a ditch. She and her young daughter were both injured. The Appeals Court sent the case back to the same district judge who now must determine if the lawsuit can proceed on the basis of malicious intent.

In early February, the Ninth US Circuit Court of Appeals ruled that police do not need a reason to place American citizens on a ‘Suspicious Person’ list. Judge Milan Smith wrote, “Tips and leads required only ‘mere suspicion,’ a lower standard than the reasonable suspicion required for criminal intelligence data and is up to the discretion of law enforcement and other government officials. This case is chilling in the sense that the government can put anyone on the list for not much more than a whim.

The Ninth Circuit US Court of Appeals ruled in January that police cannot demand ID from car or truck passengers without a reasonable suspicion of a crime. The judges agreed that in this Arizona case, the US Supreme Court ruling in Rodriquez v. US, which prohibits police from prolonging a traffic stop by asking unrelated questions, established precedent.

In January, the Eleventh Circuit US Court of Appeals upheld a traffic stop over a fast blinker. Apparently, driving with a turn signal that flashes “too fast” is potentially a criminal act in Georgia. The blinker was actually working properly; the Georgia Code does not stipulate how fast a turn signal should blink, only that all equipment be kept in “good working condition.” The appellate panel suggested that the plaintiff’s blinker was not in compliance because it was in working condition, just not “good” working condition. American jurisprudence at its best.

Check out Part 2 next week when we showcase recent state cases that could impact motorists.

The National Motorists Association is a membership-based organization dedicated to protecting the rights of the motoring public.

NEW DEAL Bikernet Weekly News for February 28, 2019

By | General Posts

It’s Wild and Explained from Several Angels

Here’s the deal. I fight for freedom and I side with the Freedom Fighters, which are Republicans. Okay, I’m going to scramble through a few points.

I discovered that the folks who wanted restrictive safety laws, punishment regulations and less freedoms were Democrats. I was forced to shift.

I don’t like the current political climate. It’s become a world of us against them and visa versa. It doesn’t need to be that way at all. We could be living in the best of times, dancing in the streets if everyone understood the code of Freedom, which our country once stood for.

Let’s hit the news. READ IT IN THE CANTINA.

Support Bonneville Salt Flats restoration

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Utah Appropriations Committee urgently needs push to support Bonneville Salt Flats restoration

Your email support is critically important

As part of its work with SEMA, the Save the Salt Coalition and the Utah Alliance, the AMA recently asked Utah residents to contact their state legislators to ask for their support for a program to restore the Bonneville Salt Flats.

The race track at Bonneville-once 13 miles long-is now less than 8 miles, due to salt erosion. The Utah legislature is considering a 10-year program to dramatically increase the amount of salt pumped onto Bonneville.

As a result of input like yours, the Utah Natural Resources Appropriations Subcommittee has ranked our “Restore Bonneville” budget request No. 4 of 28 budget requests. If it keeps this ranking, Utah’s Restore Bonneville program should be funded in the state budget that will be up for approval in mid-March. The program will dramatically increase the volume of salt being pumped onto Bonneville Salt Flats each year.

We are not finished. Using a Bonneville analogy, we’ve just entered the timing lights for a land speed record. Now the hardest part: the budget requests must still be approved by a second group, the Utah legislature’s Executive Appropriations Committee, which could change the rankings.

Your very important task now is to contact the Utah Executive Appropriation Committee members right away. Please send a personalized email to all the members of the committee now. Their decision will determine if the restoration program gets funded.

Follow this link Take Action to enter your information, and edit our prewritten message to express your personal stance and reasons for supporting this funding.

The prewritten email can stand on its own as written, but it will be MUCH more effective if you edit both the subject line and the content to stress your involvement with the Bonneville Salt Flats. If you are a land speed racer and/or Utah resident, please put that in your subject line and first line of your email. Whether you are a racer, on-site spectator or fan, please add a few sentences describing the importance of Bonneville Salt Flats to you, your family or your business.

Thank you in advance for providing comments. Please forward this alert to any of your Bonneville Salt Flats racer or fan friends and ask them to do so, as well. If you do send a letter, please forward a copy to us at grassroots@amacycle.org.

Now more than ever, it is crucial that you and your riding friends become members of the AMA to help protect our riding freedoms. More members mean more clout against the opponents of motorcycling. That support will help fight for your rights-on the road, trail and racetrack and in the halls of government.

Join the AMA at americanmotorcyclist.com

If you are an AMA member, encourage your friends to join by telling them about the many AMA benefits you appreciate and the role the AMA plays in promoting the motorcycle lifestyle and protecting the future of motorcycling.

NCOM Convention in Florida Welcomes Riders Nationwide

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The 34th annual NCOM Convention is right around the corner, so plan now to be a part of one of the largest gatherings of motorcycle rights activists in the world. This year’s NCOM Convention will be held Mother’s Day weekend, May 10-12, 2019 at the DoubleTree by Hilton – Universal Orlando, located at 5780 Major Blvd., in Orlando, Florida.

Topics such as Motorcycle Profiling and “Save the Patch” will be among the many issues concerning our nation’s motorcycle community that will be discussed, as hundreds of bikers’ rights activists from the ranks of motorcycle rights organizations (MROs) and Confederations of Clubs (COCs), as well as independents and other allied riders will gather in “The City Beautiful” to address matters of interest to all riders.

Agenda items will cover various legal and legislative issues, with Special Meetings for Veterans Affairs, Women in Motorcycling, Clean & Sober Roundtable and World of Sport Bikes, as well as the Christian Unity Conference and Confederation of Clubs Patch Holders Meeting. Additional seminars will be conducted regarding RICO And Its Effect on Your Organization, Restoring Your Rights, Leadership 101 and “Share the Road” Motorcycle Safety.

All motorcyclists are welcomed and encouraged to participate in the many meetings, seminars and group discussions that focus on legislative efforts and litigation techniques to protect our riders’ rights and preserve Freedom of the Road.

Be sure to reserve your hotel room now for the special NCOM rate of $114 by calling (800) 222-8733.

Registration fees for the NCOM Convention are $85 including the Silver Spoke Awards Banquet on Saturday night, or $50 for the Convention only. For more information, or to pre-register, call the National Coalition of Motorcyclists at (800) ON-A-BIKE (662-2453) or visit www.ON-A-BIKE.com.

Threesome Report: Make Some Room, Trike Riders Don’t Ride Alone

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TRIKE NEWS Adventures on a Ural, Autocycle madness, 2019 Freewheeler, Deals, Offers, Discounts.

Tracy Getty, a World War 2 historian shares the chair, lighting up sparks of love with a Ural sidecar motorcycle. Tracy and her ride named “Wildcat” bring joy to people who never knew what three-wheels and a smile could do.

We bring you a basic background on the craziness of Autocycles and how it is affecting motorcycle industry, riders, insurance and legislation. While there are companies that want a motorcycle classification to avoid car crash testing expenses, there are others who want true innovation and a new understanding of where Autocycles stand in State and Federal law – and it is all really unsteady despite having more than two-wheels.

Harley-Davidson Freewheeler has a 2019 model that rocks. You can own a Ural or a Slinghsot for incredible deals on 2018 models. If you are an actual Trike lover with custom trike business or a custom trike, you would want to know what the financial and legal implications (pronounced as complications) are going to be.

READ IT AT Trikes.Bikernet.com NOW

Bikernet Book Review: Keith R. Ball predicts the future back in year 2000

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Bikernet Book Review: Keith R. Ball predicts the future back in year 2000
Revisiting Sam “Chopper” Orwell written by Keith Ball almost two decades ago.
By Ujjwal Dey

George Orwell introduced the world to the idea of Big Brother, doublethink, and newspeak in his celebrated and prophetic novel ‘1984’.

A divided America has the world at panic with everyone and their pet dog uncertain about the future of the promised land of USA. But what does this bold new future mean to us bikers with our nomad lifestyle and love of everything that is good and pure. We were once bracketed with hippies and freethinkers. Now we are labelled as patch wearing misfit outlaws and one-percenters.

Well, a brief and graphic illustration of this dystopian future is available in 2000 novel by Keith Randall Ball titled Sam ‘Orwell’ Chopper in reference to George Orwell’s classic masterpiece ‘1984’.

CLICK HERE TO BUY THE BOOK ONLINE.

Believe the impossible. Read the truth. Fight for your Freedoms. Ride Free!

Detailed Review is posted on Bikernet, check it out.