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AutoBlog: Motorcyclist sues NY State Police over motorbike-only roadblocks

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Filed under: Government/Legal, Police/Emergency, Motorcycles

ny-state-patrol-250.jpgUpstate New York has earned a reputation as the speeding ticket capital of the country, but even with overeager state troopers patrolling the highways, motorcyclists feel singled out by law enforcement. That's why one rider/attorney is taking the state police, along with county and state officials to court.

According to one Mitchell Proner, the state's institution of roadblocks exclusively for motorcyclists is unconstitutional: the motorcyclist and personal injury lawyer claims that without justifiable cause, the checkpoints infringe on riders' First Amendment rights to freedom of assembly and association and their Fourth Amendment right to freedom from unreasonable search and seizure. Last year, the New York State Police conducted twelve such "safety checks" near motorcycle events, including the Americade biker gathering at Lake George, the largest such event in the Northeast - and the NYSP plan on conducting fifteen more this year.

Proner claims to be filing the federal class action suite at the Federal Court for the Northern District of New York on behalf of his fellow riders. Whether he has a wheel to stand on is for the legal system to decide.

[source: 1st5ive.com | Image: New York State Police]

Motorcyclist sues NY State Police over motorbike-only roadblocks originally appeared on Autoblog on Thu, 11 Jun 2009 08:28:00 EST. Please see our terms for use of feeds.

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Good luck. I don't know if DUI checks are legal in NY, but that's what it sounds like. They are protecting the public from a drunk motorcycle rider.

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I find any "checkpoint" setups to be morally offensive.

Probable cause is the only justification for any traffic stop.

This sort of thing flies in the face of "innocent until proven guilty", and seems fascist to me.

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I think they are BS too, but living in the DUI capital of America, almost every weekend there is a checkpoint here. They usually net more impounds and arrests on warrants then DUIs though.

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