OFF THE WIRE
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BABE OF THE DAY
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NAUGHTY SIDE
OFF THE WIRE
I KNOW most of you out there have tried sooooo HARD all year to stay on Santa's "Nice" list.....but......how about since Christmas is almost here and Santa has already made his way through his list, you take a walk over to the "Naughty" side! I promise it'll be worth it! Check out my Official Toy Line at http://atmerch.com/collections/kasey-storm ......Even if you fall OFF the Nice list......your nights with me will Make Santa himself spend the next year searching for a way to cross over to the
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I KNOW most of you out there have tried sooooo HARD all year to stay on Santa's "Nice" list.....but......how about since Christmas is almost here and Santa has already made his way through his list, you take a walk over to the "Naughty" side! I promise it'll be worth it! Check out my Official Toy Line at http://atmerch.com/collections/kasey-storm ......Even if you fall OFF the Nice list......your nights with me will Make Santa himself spend the next year searching for a way to cross over to the
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BABE OF THE WIRE
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Article 10
OFF THE WIRE
.https://www.youtube.com/watch?v=zuX9y0hiqWE
Tennessee State Representative Jeremy Faison (R-Cosby) said last week that he is drafting a bill that would decriminalize marijuana possession by military veterans in the state who have been diagnosed with post-traumatic stress disorder.
Rep. Faison told the Knoxville News-Sentinel, “Pills have side effects. … The No. 1 side effect is suicide. Twenty-eight veterans a day in America are committing suicide.”
Faison, who claims to have never tried an intoxicant and whose sister was killed by an inebriated driver, says it takes “a special kind of stupid” to fail to recognize the medical benefits of marijuana in the case of war veterans who suffer from PTSD.
He said that his wife, who holds a master’s degree in nutrition, often says, “For most ailments man has, God has a remedy,” and added that he believes that marijuana can sometimes be used as a natural alternative to pharmaceutical drugs for certain ailments.
Faison’s bill will only decriminalize pot possession by veterans dealing with PTSD. Critics, such as Rep. Sherry Jones (D-Nashville), who relayed an anecdote about a police officer who is wheelchair-bound by seizures, say that the effort is unfair because it does not allow non-veterans with PTSD and other ailments to seek treatment. However, Rep. Jones said that she would be willing to support Faison’s bill as an incremental step to allow a “little piece of the population” to obtain medical marijuana.
In September of last year, Ben Swann released a Truth in Media episode exposing the federal government’s mixed messages on medical marijuana. Watch it in the below-embedded video player:
Editor’s note: This article, written by Barry Donegan, originally published on Truth in Media on December 21, 2015, and may have been modified slightly for publication on IVN.
.https://www.youtube.com/watch?v=zuX9y0hiqWE
Tennessee State Representative Jeremy Faison (R-Cosby) said last week that he is drafting a bill that would decriminalize marijuana possession by military veterans in the state who have been diagnosed with post-traumatic stress disorder.
Rep. Faison told the Knoxville News-Sentinel, “Pills have side effects. … The No. 1 side effect is suicide. Twenty-eight veterans a day in America are committing suicide.”
Aside from a bill legalizing low-THC cannabis oil that Gov. Haslam signed in May of this year, marijuana legalization and decriminalization advocates in the state have struggled to gain support for their initiatives.Pills have side effects. … The No. 1 side effect is suicide. Twenty-eight veterans a day in America are committing suicide.
Faison, who claims to have never tried an intoxicant and whose sister was killed by an inebriated driver, says it takes “a special kind of stupid” to fail to recognize the medical benefits of marijuana in the case of war veterans who suffer from PTSD.
He said that his wife, who holds a master’s degree in nutrition, often says, “For most ailments man has, God has a remedy,” and added that he believes that marijuana can sometimes be used as a natural alternative to pharmaceutical drugs for certain ailments.
Faison’s bill will only decriminalize pot possession by veterans dealing with PTSD. Critics, such as Rep. Sherry Jones (D-Nashville), who relayed an anecdote about a police officer who is wheelchair-bound by seizures, say that the effort is unfair because it does not allow non-veterans with PTSD and other ailments to seek treatment. However, Rep. Jones said that she would be willing to support Faison’s bill as an incremental step to allow a “little piece of the population” to obtain medical marijuana.
In September of last year, Ben Swann released a Truth in Media episode exposing the federal government’s mixed messages on medical marijuana. Watch it in the below-embedded video player:
Editor’s note: This article, written by Barry Donegan, originally published on Truth in Media on December 21, 2015, and may have been modified slightly for publication on IVN.
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A Police State Christmas List
OFF THE WIRE
agingrebel,com
![http://www.agingrebel.com/wp-content/uploads/2015/12/Santa-Line-Up.jpg]()
A web publication called The Intercept has published a catalog of 53 cellphone surveillance devices in current use by intelligence agencies, the armed forces and American police forces.
The catalog includes well known devices like the “Stingray” and the DRT (pronounced dirt) box as well as more exotic devices.
For example the Harris Corporation Wireless Products Group, the maker of the Stingray has developed a concealable device called the Blackfin II that operators and operator wannabes (police Swat members increasingly refer to themselves as “operators,” in the style of American special operations forces) can conceal on their persons. The Blackfin II can eavesdrop on cell calls, read text messages or block calls from single or multiple phones. The device costs $75,000.
On the other hand, the Cellbrite Battlefield Data Recovery/Systems Security Engineering is a smart phone sized device that costs a mere $9,920 plus $900 a year for support and maintenance. Police forces large and small around the country depend on the Cellbrite to quickly and efficiently suck every last byte of data from virtually any cellphone. A recent Supreme Court ruling titled required police to get a warrant before snooping through personal phone books, photo rolls, videos, calls logs and so on to find evidence that can be used against you. There is no such prohibition against mere “intelligence gathering.”
The devices are manufactured by Digital Receiver Technologies of Germantown, Maryland. The company is a subsidiary of Boeing Integrated Defense Systems. All dirt boxes simulate cellphone towers. All versions costs $80,000 or more; can be deployed on the ground or in the air; can target up to 10,000 phone numbers; and can spy on and record up to 96 phone calls at once. Various models include specific features for all your local police department’s domestic spying needs.
For example the DRT 1301C “incorporates advanced passive cooling technology eliminating the need for a noisy fan.”
The Intercept reports, “Today nearly 60 law enforcement agencies in 23 states are known to possess a Stingray or some form of cell-site simulator, though experts believe that number likely under represents the real total. In some jurisdictions, police use cell-site simulators regularly. The Baltimore Police Department, for example, has used Stingrays more than 4,300 times since 2007.”
You can read the complete catalogue here.
agingrebel,com
A web publication called The Intercept has published a catalog of 53 cellphone surveillance devices in current use by intelligence agencies, the armed forces and American police forces.
The catalog includes well known devices like the “Stingray” and the DRT (pronounced dirt) box as well as more exotic devices.
For example the Harris Corporation Wireless Products Group, the maker of the Stingray has developed a concealable device called the Blackfin II that operators and operator wannabes (police Swat members increasingly refer to themselves as “operators,” in the style of American special operations forces) can conceal on their persons. The Blackfin II can eavesdrop on cell calls, read text messages or block calls from single or multiple phones. The device costs $75,000.
On the other hand, the Cellbrite Battlefield Data Recovery/Systems Security Engineering is a smart phone sized device that costs a mere $9,920 plus $900 a year for support and maintenance. Police forces large and small around the country depend on the Cellbrite to quickly and efficiently suck every last byte of data from virtually any cellphone. A recent Supreme Court ruling titled required police to get a warrant before snooping through personal phone books, photo rolls, videos, calls logs and so on to find evidence that can be used against you. There is no such prohibition against mere “intelligence gathering.”
Dirt Boxes Galore
The Intercept lists a half dozen current versions of dirt boxes. Dirt boxes circumvent the involvement of phone companies in the domestic spying process. The boxes appear to be the strongest available cell phone tower to targeted phones. They exploit the fact that phones must report their locations in order to receive calls and messages.The devices are manufactured by Digital Receiver Technologies of Germantown, Maryland. The company is a subsidiary of Boeing Integrated Defense Systems. All dirt boxes simulate cellphone towers. All versions costs $80,000 or more; can be deployed on the ground or in the air; can target up to 10,000 phone numbers; and can spy on and record up to 96 phone calls at once. Various models include specific features for all your local police department’s domestic spying needs.
For example the DRT 1301C “incorporates advanced passive cooling technology eliminating the need for a noisy fan.”
The Intercept reports, “Today nearly 60 law enforcement agencies in 23 states are known to possess a Stingray or some form of cell-site simulator, though experts believe that number likely under represents the real total. In some jurisdictions, police use cell-site simulators regularly. The Baltimore Police Department, for example, has used Stingrays more than 4,300 times since 2007.”
You can read the complete catalogue here.
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Bill: Give Cops Up to 10 Years in Prison for Warrantless Phone Tracking
OFF THE WIRE
By Steven Nelson
By Steven Nelson
The maximum penalty 'is there as a deterrent,' the bill's co-sponsor says.
Republican Rep. Jason Chaffetz of Utah, left, and Democratic Rep. Peter Welch of Vermont say authorities should get a warrant before intercepting cellphone transmissions.
The Stingray Privacy Act, introduced Monday, would require authorities to get a warrant under most circumstances before using cell-site simulators. The devices, commonly known as Stingrays, imitate cell towers to acquire real-time location information and other data from nearby phones.
“The penalty is there as a deterrent,” says Rep. Peter Welch, D-Vt., an original co-sponsor of the bill. ”[But] the warrant requirement is really the most important part and it’s pretty easy to comply with.”
The bill comes following a steady trickle of information about authorities’ use of the devices and about two months after the Justice Department announced it would begin requiring many federal agents – but not state or local law enforcement– to get warrants before using the technology. The new bill would apply to all federal and local authorities.
[EARLIER:Police Use of Stingrays Unaffected by New Federal Warrant Rule]
“The abuse of Stingrays and other cell-site simulators by individuals, including law enforcement, could enable gross violations of privacy,” the bill’s sponsor, Rep. Jason Chaffetz, R-Utah, warned in a statement Monday.
Chaffetz, chairman of the House Oversight Committee, was joined by Welch and Democratic Rep. John Conyers of Michigan as initial co-sponsors, and singled out the use of Stingrays by the Internal Revenue Service as a concern.
The IRS’ use of the devices, revealed by the Guardian last week, “raises serious questions about who is using this technology and why,” he said. “These questions demonstrate the need for strict guidelines that carry the weight of the law."
But some see the proposed legal guidelines as not strict enough.
[FBI DIRECTOR:Authorities 'Will Go to Jail' If They Look at Snapchats Without Warrant]
The act allows warrantless use of the devices pursuant to the Foreign Intelligence Service Act, or in emergencies that involve imminent threat of death or serious injury, “conspiratorial activities threatening the national security interest” or “conspiratorial activities characteristic of organized crime” when there’s grounds for a warrant but insufficient time to get one.
Mark Jaycox, a legislative analyst for the Electronic Frontier Foundation, says the warrant exceptions should be tightened to ensure they are not abused.
Under the bill as drafted, he says, “you potentially have a very low bar for emergency use” – a concern even though the bill does require warrants be sought within 48 hours of emergency use and that data be purged if a warrant is not approved.
Jaycox says he’s also concerned that the bill grants an exception for Stingray use under the Foreign Intelligence Surveillance Act.
“This is a bill that’s implicated in a lot of the mass spying and bulk collection being done,” he says, “so that is a cause for concern because we simply don’t know how that will play out. A lot of that is classified.”
Chaffetz was unavailable to discuss the bill Tuesday, but Welch brushed off concern about FISA, saying the exception merely incorporates existing law.
“This legislation would require that if a Stingray is being used to get personal information you need to get a warrant,” Welch says. “There’s a recognition in our legislation that there could be exigent circumstances in great public safety threats and all uses of this Stingray are not the same.”
Judges and juries, Welch says, would decide the appropriate penalties for violators depending on individual circumstances.
State and local police departments often acquire the pricey devices using federal grants and the FBI appears to routinely require them to sign nondisclosure agreements, historically resulting in courtroom exchanges where police officers refuse to supply information to judges.
[READ:Prosecutors Rally Against Sentencing Reform, Say Build More Prisons]
Last year, Maryland prosecutors withdrew tracking evidence after a judge threatened to hold a police officer in contempt for refusing to explain the Stingray-derived information, citing a nondisclosure agreement with the FBI. In Sarasota, Florida, the U.S. Marshals Service snatched Stingray records from local police in June after the department agreed to show them to the American Civil Liberties Union.
ACLU attorney Nathan Freed Wessler, a prominent advocate of privacy protections against Stingray use, told U.S. News in September the Justice Department likely could foist a warrant requirement on many state and local law enforcement agencies by requiring warrant-seeking agreements before providing funds or by withholding an apparently required FBI-signoff on sales without such agreement.
A law requiring warrants would be preferable, Jaycox says, because the Justice Department often interprets privacy rights in a manner detested by policy advocates, including opposing an ongoing fight in federal courts for a warrant requirement for historical cellphone location data.
ACLU legislative counsel Neema Singh Guliani says the influential advocacy group wants to be sure legislation is passed restraining the use not only of Stingrays, but also future technologies, and that loopholes be tightened.
“Congress needs to pass comprehensive legislation that prohibits the collection of sensitive location data without a warrant,” she says. “It's important that legislation addresses not only Stingrays, but also the surveillance devices of tomorrow that collect similar information. Otherwise, we risk creating a law that is quickly made obsolete by advances in technology.”
“The penalty is there as a deterrent,” says Rep. Peter Welch, D-Vt., an original co-sponsor of the bill. ”[But] the warrant requirement is really the most important part and it’s pretty easy to comply with.”
The bill comes following a steady trickle of information about authorities’ use of the devices and about two months after the Justice Department announced it would begin requiring many federal agents – but not state or local law enforcement– to get warrants before using the technology. The new bill would apply to all federal and local authorities.
[EARLIER:Police Use of Stingrays Unaffected by New Federal Warrant Rule]
“The abuse of Stingrays and other cell-site simulators by individuals, including law enforcement, could enable gross violations of privacy,” the bill’s sponsor, Rep. Jason Chaffetz, R-Utah, warned in a statement Monday.
Chaffetz, chairman of the House Oversight Committee, was joined by Welch and Democratic Rep. John Conyers of Michigan as initial co-sponsors, and singled out the use of Stingrays by the Internal Revenue Service as a concern.
The IRS’ use of the devices, revealed by the Guardian last week, “raises serious questions about who is using this technology and why,” he said. “These questions demonstrate the need for strict guidelines that carry the weight of the law."
But some see the proposed legal guidelines as not strict enough.
[FBI DIRECTOR:Authorities 'Will Go to Jail' If They Look at Snapchats Without Warrant]
The act allows warrantless use of the devices pursuant to the Foreign Intelligence Service Act, or in emergencies that involve imminent threat of death or serious injury, “conspiratorial activities threatening the national security interest” or “conspiratorial activities characteristic of organized crime” when there’s grounds for a warrant but insufficient time to get one.
Mark Jaycox, a legislative analyst for the Electronic Frontier Foundation, says the warrant exceptions should be tightened to ensure they are not abused.
Under the bill as drafted, he says, “you potentially have a very low bar for emergency use” – a concern even though the bill does require warrants be sought within 48 hours of emergency use and that data be purged if a warrant is not approved.
The StingRay II, manufactured by
Harris Corporation, is used for surveillance purposes.
“This is a bill that’s implicated in a lot of the mass spying and bulk collection being done,” he says, “so that is a cause for concern because we simply don’t know how that will play out. A lot of that is classified.”
Chaffetz was unavailable to discuss the bill Tuesday, but Welch brushed off concern about FISA, saying the exception merely incorporates existing law.
“This legislation would require that if a Stingray is being used to get personal information you need to get a warrant,” Welch says. “There’s a recognition in our legislation that there could be exigent circumstances in great public safety threats and all uses of this Stingray are not the same.”
Judges and juries, Welch says, would decide the appropriate penalties for violators depending on individual circumstances.
State and local police departments often acquire the pricey devices using federal grants and the FBI appears to routinely require them to sign nondisclosure agreements, historically resulting in courtroom exchanges where police officers refuse to supply information to judges.
[READ:Prosecutors Rally Against Sentencing Reform, Say Build More Prisons]
Last year, Maryland prosecutors withdrew tracking evidence after a judge threatened to hold a police officer in contempt for refusing to explain the Stingray-derived information, citing a nondisclosure agreement with the FBI. In Sarasota, Florida, the U.S. Marshals Service snatched Stingray records from local police in June after the department agreed to show them to the American Civil Liberties Union.
ACLU attorney Nathan Freed Wessler, a prominent advocate of privacy protections against Stingray use, told U.S. News in September the Justice Department likely could foist a warrant requirement on many state and local law enforcement agencies by requiring warrant-seeking agreements before providing funds or by withholding an apparently required FBI-signoff on sales without such agreement.
A law requiring warrants would be preferable, Jaycox says, because the Justice Department often interprets privacy rights in a manner detested by policy advocates, including opposing an ongoing fight in federal courts for a warrant requirement for historical cellphone location data.
ACLU legislative counsel Neema Singh Guliani says the influential advocacy group wants to be sure legislation is passed restraining the use not only of Stingrays, but also future technologies, and that loopholes be tightened.
“Congress needs to pass comprehensive legislation that prohibits the collection of sensitive location data without a warrant,” she says. “It's important that legislation addresses not only Stingrays, but also the surveillance devices of tomorrow that collect similar information. Otherwise, we risk creating a law that is quickly made obsolete by advances in technology.”
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How To Find, Disable iPhone Feature That Tracks All Your Movements
OFF THE WIRE
SAN FRANCISCO (KPIX 5) — What if someone had a list of everywhere you go, along with the exact time you arrive and leave there each day?
You may be surprised to know that it’s on your iPhone, which has a feature that is likely tracking your every move.
The feature – Frequent Locations – is not new, but most people don’t exactly know where to find it on their iPhone.
Here’s how:
Click Settings, Privacy, Location Services …
Settings Privacy Location Services
scroll down, System Services, then Frequent Locations.
System Services Frequent LocationsOnce there, most are shocked by what they find: every location they’ve been to, including the time arrived and left.
It even labels your assumed home and work addresses, based on the amount of time you spend there.
One of the concerning things is the feature is hidden from you in your iPhone. Privacy experts like Noah Swartz of the Electronic Frontier Foundation have long been concerned about the implications of this hidden information.
“This could be used by abusive partners. It could be used by police in an investigation,” said Swartz. “It could be used by your boss or your company if you gave them access to your phone or if you’re using a work phone.
Cell phone data can also be subpoenaed for both criminal and civil cases, such as divorce proceedings.
Frequent Locations are meant to provide you with personalized services, like predictive traffic routing. You opt into sharing your location with Apple when you first set up your iPhone and start using its Maps app.
Apple says the data is stored only on your device, unless you “opt in to improve Maps” – then Apple says it stores your data anonymously.
SAN FRANCISCO (KPIX 5) — What if someone had a list of everywhere you go, along with the exact time you arrive and leave there each day?
You may be surprised to know that it’s on your iPhone, which has a feature that is likely tracking your every move.
The feature – Frequent Locations – is not new, but most people don’t exactly know where to find it on their iPhone.
Here’s how:
Click Settings, Privacy, Location Services …
Settings Privacy Location Services
scroll down, System Services, then Frequent Locations.
System Services Frequent LocationsOnce there, most are shocked by what they find: every location they’ve been to, including the time arrived and left.
It even labels your assumed home and work addresses, based on the amount of time you spend there.
One of the concerning things is the feature is hidden from you in your iPhone. Privacy experts like Noah Swartz of the Electronic Frontier Foundation have long been concerned about the implications of this hidden information.
“This could be used by abusive partners. It could be used by police in an investigation,” said Swartz. “It could be used by your boss or your company if you gave them access to your phone or if you’re using a work phone.
Cell phone data can also be subpoenaed for both criminal and civil cases, such as divorce proceedings.
Frequent Locations are meant to provide you with personalized services, like predictive traffic routing. You opt into sharing your location with Apple when you first set up your iPhone and start using its Maps app.
Apple says the data is stored only on your device, unless you “opt in to improve Maps” – then Apple says it stores your data anonymously.
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California Cops Are Using These Biometric Gadgets in the Field
OFF THE WIRE
By Dave Maass
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By Dave Maass
SJPD does not yet appear to have a fully integrated county-wide facial recognition system, but it did run a facial recognition pilot program between November 2012 and April 2013 with DataWorks, the same company providing similar services to the Los Angeles Police Department. This pilot program resulted in at least one arrest warrant issued for a suspect who was identified by using the technology to analyze a photo taken by a civilian on a cell phone.
This report was co-written by MuckRock Editor JPat Brown. MuckRock Co-founder Michael Morisy, MuckRock Intern Lukas Knight, and EFF Activism Intern Annelyse Gelman also contributed to this report. Another version appears at MuckRock.com.
Law enforcement agencies around the country are increasingly embracing biometric technology, which uses intrinsic physical or behavioral characteristics—such as fingerprints, facial features, irises, tattoos, or DNA—to identify people, sometimes even instantly. Just as the technology that powers your cell phone has shrunk both in size and cost, mobile biometric technologies are now being deployed more widely and cheaply than ever before—and with less oversight.
EFF and MuckRock News teamed up in August to reveal how state and local law enforcement agencies are using mobile biometric technology in the field by filing public records requests around the country. With the help of members of the public who nominated jurisdictions for investigation, we have now obtained thousands of pages of documents from more than 30 agencies.
Mobile biometric technology includes mobile devices and apps that police use to capture and analyze a person’s physical features in the field and submit that information to a central database for matching. Ostensibly, police deploy this technology as a means to confirm the identity of someone during a stop. However, the technology can be used to capture people's biometric data and add it to biometric databases, regardless of whether their identity is in question.
Because of the volume of records we’ve received so far (the documents continue to flow in faster than EFF and MuckRock’s teams can read through them), we’re starting with California. Nine of the agencies have responded to our requests with documents, while many more claimed they didn’t have any records.
Of those that did respond, most employed a digital fingerprinting device. Facial recognition has also been widely embraced among agencies in San Diego County, with Santa Clara County law enforcement agencies close behind. In addition, the Los Angeles Sheriff’s Department’s biometrics system includes tattoo recognition, while the Orange County Sheriff's Department is also investigating iris recognition.
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What they have: Mobile fingerprinting
Records we received: One page of instructions
Details: Brentwood police have installed BlueCheck mobile ID systems in nine vehicles. These handheld devices, sold by 3M, capture fingerprints and match them to criminal and registrant files maintained by Contra Costa and Alameda counties. Brentwood Police plan to link the devices to California Department of Justice and FBI data in “the near future.”
Once an officer scans the subject’s index fingers, the device will return results in under three minutes. A “hit” is considered a 100% accurate match.
Link to records: https://www.muckrock.com/foi/brentwood-3125/mobile-biometric-technologies-brentwood-police-department-20252/
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What they have: Face recognition, tattoo recognition, mobile fingerprinting
Records we received: Procurement and purchasing documents, guidelines and best practices
Details: LASD provided a selection of records after charging a $42 fee. The agency refused to answer specific questions. Pasadena Police did not provide records, but did answer a handful of questions.
Face and Tattoo Recognition
In 2008, LASD initiated a $2 million contract with DataWorks for a “Digital Mugshot System,” which included facial recognition and tattoo recognition technology. DataWorks’ system, combined with Cognitec facial recognition algorithm, could match a face in under 30 seconds. As of 2013, the system had more than 6.5 million booking photos and more than 3 million images of scars, marks, and tattoos.
Between 2010 and 2013, the county sought information and proposals to expand what it called a “Multimodal Biometric Identification System” that, in addition to facial and tattoo recognition, would include iris scanning, DNA analysis, and voice recognition. Ultimately, it decided to extend its current contract with DataWorks, signing another four-year, $2.1 million deal in February 2015.
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Mobile fingerprinting
LASD did not provide up-to-date information for its use of mobile fingerprinting devices, but records provided to MuckRock and EFF show the agency had at least 2,500 BlueCheck portable Bluetooth fingerprint scanners as of 2010. At the time, LASD’s finger print database included more than 10 million Ten Prints (full fingerprint sets), over 1.5 million palm prints, and 175,000 latent prints. In 2010, LASD reported that the system had an accuracy rate of 95% for two-finger queries and 99.95% for four-finger queries.
Per departmental guidelines, the devices may only be used for law-enforcement purposes and only by personnel who have received training in proper use of the devices. A 2014 newsletter addressed the problem of deputies being asked to use the devices for non-law enforcement purposes. A hypothetical scenario involved an emergency room physician asking an officer to use a mobile fingerprinting device to identify a patient not currently involved in a case. Under these circumstances, the officer would not be allowed to deploy the device.
Pasadena Police Department has 38 BlueCheck devices. They were provided by LASD, and they query LAPD’s databases. The devices may be used by all of Pasadena’s 240 officers.
Link to records: LASDhttps://www.muckrock.com/foi/los-angeles-county-358/mobile-biometric-technologies-los-angeles-county-sheriffs-department-20258/
Pasadena Police Department https://www.muckrock.com/foi/pasadena-3368/mobile-biometric-technologies-pasadena-police-department-20365/
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What they have: Mobile fingerprinting
Records we received: Marketing materials, policies, purchasing documents, memorandum of understanding between Marin County and the California Department of Justice
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Details: The Marin County Sheriff's Office ordered 40 Mobile Ident II fingerprint readers (sold by Cogent Systems) between April and August 2009. In addition to prints, the devices are also equipped with a camera for capturing portraits.
The devices are primarily used to identify people in the field by capturing fingerprints and comparing them against the sheriff’s arrestee database. The process takes approximately 90 seconds, providing results such as name under which the person was originally booked, a booking photograph, booking number, and driver license number. All patrol officers have access to the devices, though, according to a sheriff’s directive, they “should” only be used by deputies who have received training.
In 2011, the sheriff signed an agreement with the California Department of Justice to participate in a statewide Mobile ID system.
Link to records: https://www.muckrock.com/foi/marin-county-3047/mobile-biometric-technologies-marin-county-sheriff-20395/
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What they have: None currently, but recently tested mobile fingerprinting, planning for iris scanning and facial recognition.
Records we received: Statistical breakdowns, memorandums of understanding, appropriate use policy
Details: Orange County Sheriff's crime lab recently purchased MorphoTrak's MorphoBis automated biometric identification system at a cost of $10 million. While the system is built to handle iris identification, face recognition, and mobile identification, a staffer told us those functions are in the planning stages, but not currently in use.
Between June 5 and August 28, 2015, Orange County Sheriff's Office tested six mobile fingerprinting devices from MorphoTrack. A total of 12 officers were authorized to use the devices. According to the one-page appropriate use policy, officers are only allowed to use the devices when they have a legal right to request identification. However, the fingerprint matches are only considered “supplemental information” and may not be used as the sole proof of identity or probable cause for arrest.
The sheriff also provided statistics on its overall fingerprinting database (i.e. prints on file, mostly captured during the booking process). Between 2012 and 2014, the sheriff collected fingerprints from 222,244 individuals, while there are a total of 1.48 million fingerprints in the database. These fingerprints, including ones collected through mobile devices, are kept on record indefinitely. Twelve police agencies in Orange County have access to the database, as do vendors for operational purposes.
Link to records: https://www.muckrock.com/foi/orange-county-394/mobile-biometric-technologies-orange-county-sheriff-department-20352/
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What they have: Facial recognition
Records we received: 161mb of records from SANDAG, four-page policy document from SDPD, six pages of instructions from CPD
Details: SANDAG is a government organization composed of representatives from cities throughout the region that coordinates countywide programs, including information and technology-sharing between law enforcement agencies. As EFF previously reported, SANDAG—through its Automated Regional Justice Information System (ARJIS)—operates a mobile facial recognition project called the Tactical Information System, or TACIDS. The system is provided by FaceFirst, also known as Airborne Biometrics.
Through Android devices and a mobile app, officers can take photos of suspects during stops and compare those images against the San Diego County Sheriff’s mugshot database. The documents show that the initial pilot was funded by a $418,000 grant from the U.S. Department of Justice. The most recent contract, which was signed after the pilot ended, is for $125,000 and covers the period of April 1, 2015 through March 31, 2016.
As of February 2015, 26 local, state and federal agencies in the San Diego County region are participating in the TACIDS program. Together, the agencies have a total 463 facial-recognition devices, although only 193 devices were listed as “active.”
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There are 819 registered users, although non-registered users may email photos to those authorized to use the devices. The devices have been used 20,682 times, producing 5,200 matches. That means the devices were only effective in one out of four cases. (This data comes with the caveat that SANDAG is unable to distinguish between queries that occurred during police encounters and queries that occurred during training or demonstrations.)
The San Diego Police Department provided a copy of its policy, which says officers are only allowed to compare the image to the database for these three purposes: 1) To identify a suspect of a criminal investigation; 2) to aid in locating a missing person; or 3) to identify an individual for whom a warrant has been issued. Under the policy, the images are supposed to be deleted from the devices after the search has been run.
SDPD officers are not allowed to use facial recognition if the stopped person presents photo ID, unless the officer has reason to suspect the ID is forged or the person is using someone else’s ID. Only staff who have received special training are allowed to use the devices.
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Carlsbad Police Department initially claimed it does not use biometric devices. EFF and MuckRock pointed out that the department is listed as participating in the TACIDS program, and only then did staff provide a document from the initial pilot project. The document shows the various screens of the app, as well as the configuration settings. Each device is linked to a unique Gmail account, and officers have the ability to adjust the sensitivity of the face-match algorithm.
Links to records:
SANDAG: https://www.muckrock.com/foi/san-diego-56/mobile-biometric-technologies-sandagarjis-20464/
SDPD: https://www.muckrock.com/foi/san-jose-336/mobile-biometric-technologies-san-diego-police-department-20390/
CPD: https://www.muckrock.com/foi/carlsbad-60/mobile-biometric-technologies-carlsbad-police-department-20259/
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What they have: Mobile fingerprinting, facial recognition planned
Records we received: Memos, purchase orders, annual reports, instruction manual, grant application
Details: Records show the San Jose Police Department, in partnership with Santa Clara County, began using BlueCheck mobile fingerprinting devices in the field during the citation process as early as 2008, although the mobile identification program did not take off fully until two years later as part of the “Cal ID Mobile ID System.”
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According to a policy memorandum issued in August 2010, the devices may only be used by trained personnel and only “in circumstances in which an officer has the suspect’s consent, or the officer has probable cause to arrest the person.” Any data provided by the system is considered “supplemental information” to other investigative measures.
In 2011, SJPD received a $462,700 federal grant through the California Department of Justice to expand the system so officers may check fingerprints against the state’s fingerprint system and eventually the FBI’s database. Around this time, procurement documents show a switch from BlueCheck to Mobizent’s ID-Mobileworks system, which cost at least $190,000 for 26 devices (other documents show as many as 85). As of 2012, the Santa Clara system contained 891,612 10-print/palm print files.
In summer 2015, SJPD also applied for a $500,000 federal grant to establish a facial recognition system that would serve 12 partner agencies in Santa Clara County. This system would comb through the county’s thousands of pieces of digital surveillance footage, as well as a database with the county’s 1.8 million mug shots, to ID suspects.
The proposed software would “sharpen pixels in blurry images and reposition faces that aren’t looking directly into the camera,” create composites from multiple surveillance images. The software would also create 3D models of suspects’ faces to make them easier to match with mug shots, quickly producing a candidate list “regardless of factors such as hair color, glasses, hats, background, head tilt angle, and so on.”
San Jose told EFF that it did not receive the federal grant and is seeking alternative funding sources.
Link to records: https://www.muckrock.com/foi/san-jose-336/mobile-biometric-technologies-san-diego-police-department-20390/
"Our agency is not yet up and running on mobile biometric devices. This is something which is on our Systems and Technologies Bureau’s lists of items to research for future implementation. Our officers do not have issued smartphones or tablets capable of this technology and currently it is not within our budget."
Law enforcement agencies around the country are increasingly embracing biometric technology, which uses intrinsic physical or behavioral characteristics—such as fingerprints, facial features, irises, tattoos, or DNA—to identify people, sometimes even instantly. Just as the technology that powers your cell phone has shrunk both in size and cost, mobile biometric technologies are now being deployed more widely and cheaply than ever before—and with less oversight.
EFF and MuckRock News teamed up in August to reveal how state and local law enforcement agencies are using mobile biometric technology in the field by filing public records requests around the country. With the help of members of the public who nominated jurisdictions for investigation, we have now obtained thousands of pages of documents from more than 30 agencies.
Mobile biometric technology includes mobile devices and apps that police use to capture and analyze a person’s physical features in the field and submit that information to a central database for matching. Ostensibly, police deploy this technology as a means to confirm the identity of someone during a stop. However, the technology can be used to capture people's biometric data and add it to biometric databases, regardless of whether their identity is in question.
Because of the volume of records we’ve received so far (the documents continue to flow in faster than EFF and MuckRock’s teams can read through them), we’re starting with California. Nine of the agencies have responded to our requests with documents, while many more claimed they didn’t have any records.
Of those that did respond, most employed a digital fingerprinting device. Facial recognition has also been widely embraced among agencies in San Diego County, with Santa Clara County law enforcement agencies close behind. In addition, the Los Angeles Sheriff’s Department’s biometrics system includes tattoo recognition, while the Orange County Sheriff's Department is also investigating iris recognition.
Agency: Brentwood Police Department
What they have: Mobile fingerprinting
Records we received: One page of instructions
Details: Brentwood police have installed BlueCheck mobile ID systems in nine vehicles. These handheld devices, sold by 3M, capture fingerprints and match them to criminal and registrant files maintained by Contra Costa and Alameda counties. Brentwood Police plan to link the devices to California Department of Justice and FBI data in “the near future.”
Once an officer scans the subject’s index fingers, the device will return results in under three minutes. A “hit” is considered a 100% accurate match.
Link to records: https://www.muckrock.com/foi/brentwood-3125/mobile-biometric-technologies-brentwood-police-department-20252/
Agency: Los Angeles County Sheriff's Department (LASD), Pasadena Police Department
What they have: Face recognition, tattoo recognition, mobile fingerprintingRecords we received: Procurement and purchasing documents, guidelines and best practices
Details: LASD provided a selection of records after charging a $42 fee. The agency refused to answer specific questions. Pasadena Police did not provide records, but did answer a handful of questions.
Face and Tattoo Recognition
In 2008, LASD initiated a $2 million contract with DataWorks for a “Digital Mugshot System,” which included facial recognition and tattoo recognition technology. DataWorks’ system, combined with Cognitec facial recognition algorithm, could match a face in under 30 seconds. As of 2013, the system had more than 6.5 million booking photos and more than 3 million images of scars, marks, and tattoos.
Between 2010 and 2013, the county sought information and proposals to expand what it called a “Multimodal Biometric Identification System” that, in addition to facial and tattoo recognition, would include iris scanning, DNA analysis, and voice recognition. Ultimately, it decided to extend its current contract with DataWorks, signing another four-year, $2.1 million deal in February 2015.
Mobile fingerprinting
LASD did not provide up-to-date information for its use of mobile fingerprinting devices, but records provided to MuckRock and EFF show the agency had at least 2,500 BlueCheck portable Bluetooth fingerprint scanners as of 2010. At the time, LASD’s finger print database included more than 10 million Ten Prints (full fingerprint sets), over 1.5 million palm prints, and 175,000 latent prints. In 2010, LASD reported that the system had an accuracy rate of 95% for two-finger queries and 99.95% for four-finger queries.
Per departmental guidelines, the devices may only be used for law-enforcement purposes and only by personnel who have received training in proper use of the devices. A 2014 newsletter addressed the problem of deputies being asked to use the devices for non-law enforcement purposes. A hypothetical scenario involved an emergency room physician asking an officer to use a mobile fingerprinting device to identify a patient not currently involved in a case. Under these circumstances, the officer would not be allowed to deploy the device.
Pasadena Police Department has 38 BlueCheck devices. They were provided by LASD, and they query LAPD’s databases. The devices may be used by all of Pasadena’s 240 officers.
Link to records: LASDhttps://www.muckrock.com/foi/los-angeles-county-358/mobile-biometric-technologies-los-angeles-county-sheriffs-department-20258/
Pasadena Police Department https://www.muckrock.com/foi/pasadena-3368/mobile-biometric-technologies-pasadena-police-department-20365/
Agency: Marin County Sheriff's Office (California)
What they have: Mobile fingerprintingRecords we received: Marketing materials, policies, purchasing documents, memorandum of understanding between Marin County and the California Department of Justice
Details: The Marin County Sheriff's Office ordered 40 Mobile Ident II fingerprint readers (sold by Cogent Systems) between April and August 2009. In addition to prints, the devices are also equipped with a camera for capturing portraits.The devices are primarily used to identify people in the field by capturing fingerprints and comparing them against the sheriff’s arrestee database. The process takes approximately 90 seconds, providing results such as name under which the person was originally booked, a booking photograph, booking number, and driver license number. All patrol officers have access to the devices, though, according to a sheriff’s directive, they “should” only be used by deputies who have received training.
In 2011, the sheriff signed an agreement with the California Department of Justice to participate in a statewide Mobile ID system.
Link to records: https://www.muckrock.com/foi/marin-county-3047/mobile-biometric-technologies-marin-county-sheriff-20395/
Agency: Orange County Sheriff’s Office
What they have: None currently, but recently tested mobile fingerprinting, planning for iris scanning and facial recognition.Records we received: Statistical breakdowns, memorandums of understanding, appropriate use policy
Details: Orange County Sheriff's crime lab recently purchased MorphoTrak's MorphoBis automated biometric identification system at a cost of $10 million. While the system is built to handle iris identification, face recognition, and mobile identification, a staffer told us those functions are in the planning stages, but not currently in use.
Between June 5 and August 28, 2015, Orange County Sheriff's Office tested six mobile fingerprinting devices from MorphoTrack. A total of 12 officers were authorized to use the devices. According to the one-page appropriate use policy, officers are only allowed to use the devices when they have a legal right to request identification. However, the fingerprint matches are only considered “supplemental information” and may not be used as the sole proof of identity or probable cause for arrest.
The sheriff also provided statistics on its overall fingerprinting database (i.e. prints on file, mostly captured during the booking process). Between 2012 and 2014, the sheriff collected fingerprints from 222,244 individuals, while there are a total of 1.48 million fingerprints in the database. These fingerprints, including ones collected through mobile devices, are kept on record indefinitely. Twelve police agencies in Orange County have access to the database, as do vendors for operational purposes.
Link to records: https://www.muckrock.com/foi/orange-county-394/mobile-biometric-technologies-orange-county-sheriff-department-20352/
Agency: San Diego Association of Governments (SANDAG), San Diego Police Department, Carlsbad Police Department
What they have: Facial recognitionRecords we received: 161mb of records from SANDAG, four-page policy document from SDPD, six pages of instructions from CPD
Details: SANDAG is a government organization composed of representatives from cities throughout the region that coordinates countywide programs, including information and technology-sharing between law enforcement agencies. As EFF previously reported, SANDAG—through its Automated Regional Justice Information System (ARJIS)—operates a mobile facial recognition project called the Tactical Information System, or TACIDS. The system is provided by FaceFirst, also known as Airborne Biometrics.
Through Android devices and a mobile app, officers can take photos of suspects during stops and compare those images against the San Diego County Sheriff’s mugshot database. The documents show that the initial pilot was funded by a $418,000 grant from the U.S. Department of Justice. The most recent contract, which was signed after the pilot ended, is for $125,000 and covers the period of April 1, 2015 through March 31, 2016.
As of February 2015, 26 local, state and federal agencies in the San Diego County region are participating in the TACIDS program. Together, the agencies have a total 463 facial-recognition devices, although only 193 devices were listed as “active.”
There are 819 registered users, although non-registered users may email photos to those authorized to use the devices. The devices have been used 20,682 times, producing 5,200 matches. That means the devices were only effective in one out of four cases. (This data comes with the caveat that SANDAG is unable to distinguish between queries that occurred during police encounters and queries that occurred during training or demonstrations.)
The San Diego Police Department provided a copy of its policy, which says officers are only allowed to compare the image to the database for these three purposes: 1) To identify a suspect of a criminal investigation; 2) to aid in locating a missing person; or 3) to identify an individual for whom a warrant has been issued. Under the policy, the images are supposed to be deleted from the devices after the search has been run.
SDPD officers are not allowed to use facial recognition if the stopped person presents photo ID, unless the officer has reason to suspect the ID is forged or the person is using someone else’s ID. Only staff who have received special training are allowed to use the devices.
Carlsbad Police Department initially claimed it does not use biometric devices. EFF and MuckRock pointed out that the department is listed as participating in the TACIDS program, and only then did staff provide a document from the initial pilot project. The document shows the various screens of the app, as well as the configuration settings. Each device is linked to a unique Gmail account, and officers have the ability to adjust the sensitivity of the face-match algorithm.
Links to records:
SANDAG: https://www.muckrock.com/foi/san-diego-56/mobile-biometric-technologies-sandagarjis-20464/
SDPD: https://www.muckrock.com/foi/san-jose-336/mobile-biometric-technologies-san-diego-police-department-20390/
CPD: https://www.muckrock.com/foi/carlsbad-60/mobile-biometric-technologies-carlsbad-police-department-20259/
Agency: San Jose Police Department
What they have: Mobile fingerprinting, facial recognition plannedRecords we received: Memos, purchase orders, annual reports, instruction manual, grant application
Details: Records show the San Jose Police Department, in partnership with Santa Clara County, began using BlueCheck mobile fingerprinting devices in the field during the citation process as early as 2008, although the mobile identification program did not take off fully until two years later as part of the “Cal ID Mobile ID System.”
According to a policy memorandum issued in August 2010, the devices may only be used by trained personnel and only “in circumstances in which an officer has the suspect’s consent, or the officer has probable cause to arrest the person.” Any data provided by the system is considered “supplemental information” to other investigative measures.In 2011, SJPD received a $462,700 federal grant through the California Department of Justice to expand the system so officers may check fingerprints against the state’s fingerprint system and eventually the FBI’s database. Around this time, procurement documents show a switch from BlueCheck to Mobizent’s ID-Mobileworks system, which cost at least $190,000 for 26 devices (other documents show as many as 85). As of 2012, the Santa Clara system contained 891,612 10-print/palm print files.
In summer 2015, SJPD also applied for a $500,000 federal grant to establish a facial recognition system that would serve 12 partner agencies in Santa Clara County. This system would comb through the county’s thousands of pieces of digital surveillance footage, as well as a database with the county’s 1.8 million mug shots, to ID suspects.
The proposed software would “sharpen pixels in blurry images and reposition faces that aren’t looking directly into the camera,” create composites from multiple surveillance images. The software would also create 3D models of suspects’ faces to make them easier to match with mug shots, quickly producing a candidate list “regardless of factors such as hair color, glasses, hats, background, head tilt angle, and so on.”
San Jose told EFF that it did not receive the federal grant and is seeking alternative funding sources.
Link to records: https://www.muckrock.com/foi/san-jose-336/mobile-biometric-technologies-san-diego-police-department-20390/
No Responsive Documents
The following agencies communicated that they did not have responsive documents. This does not automatically mean they do not use mobile biometric technology, but that they could not locate disclosable records related to mobile biometric technology.- Cypress Police Department
- Emeryville Police Department
- Fontana Police Department
- Fresno Police Department
- Galt Police Department
- Hayward Police Department
- Huntington Park Police Department
- Lemoore Police Department
- Madera Police Department
- Oakland Police Department
- Redlands Police Department
- San Leandro Police Department
- Santa Barbara County Sheriff
"Our agency is not yet up and running on mobile biometric devices. This is something which is on our Systems and Technologies Bureau’s lists of items to research for future implementation. Our officers do not have issued smartphones or tablets capable of this technology and currently it is not within our budget."
- Santa Clara Police Department
- Santa Monica Police Department
- Torrance Police Department
- West Sacramento Police Department
No Acknowledgement of Public Records Requests
The following agencies have not sent letters acknowledging they received the public records requests.Response in Progress
The following agencies are still processing the public records requests.↧
Espinoza's Leather Story and Bios..
AFTER TALKING WITH FELLA`S AND LEARNING ABOUT THEM, THEY MAKE ALL THE CLUB CUTS// LET MAKE YOURS, CHECK THEM OUT.... NUFF SAID....
JUST LET THE ESPINOSA`S, KNOW THAT YOU SAW IT HERE..
MLH&R
SCREWDRIVER
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Philip,
JUST LET THE ESPINOSA`S, KNOW THAT YOU SAW IT HERE..
MLH&R
SCREWDRIVER
Philip,
It was a pleasure meeting you (electronically) and an honor to be on your show. Per you request I have enclosed both the REVOLUCION magazine article and the bio from our website which combined give some background and facts of our shop and history. Just below are the bios of each member in chronological order. Thank you once again for your interest in our business and the opportunity to reach out to your fans.
Regards,
Joe Espinoza
________ THE CAST________
Gilberto Espinoza, SR
Owner/Founder
Rides 2010 Street Glide Trike
Gilbert Espinoza JR
First Son - Works at Shop weekends and Events
Rides 2010 Fatboy
Joe Espinoza
Second Son - Works many evenings, weekends and shows/events
Rides 2000 Softail Duece
Eric Espinoza
Youngest - Works full time at Shop and all events/shows
Rides 2010 Street Bob
Revolucion Magazine Article
Gilberto, Joe, Gilbert Jr. and Eric Espinoza of Espinoza’s Leather tell their story: one of sacrifice and hard work that spreads over three generations.
The vest is sacred throughout the biker world and without saying a word it communicates who we are, where we come from and whom we ride with whether in a group or solo. When Gilberto Espinoza started making leather bracelets and belts after a farmer strike in 1971, he had no idea that it would eventually lead him, and later his three sons, down a path to becoming one of the industry’s most respected makers of biker vests and leathers. But the story of this family-run business goes far beyond leather hides and sewn-on patches. Their story is of one man making sacrifices for his family, only to have his family do the same in return to take care of him. This is the story of Gilberto Espinoza, a quiet and humble man, as told by his three sons, Joe, Gilbert Jr. and Eric.
How did you start making leather goods?
Joe
My dad left his home when he was only 8 years old. He made his way from his childhood home near central Mexico to Tijuana. After some diffucult years he made it into America where he started working as a meat cutter and that’s when he met my mom. My mother’s father was dabbling in belts and leather goods and my dad saw an opportunity to start his own business. He started out making berrets, key chains and bracelets with individual’s name stamped in them. We have pictures of a huge mountain of bracelets where people would come, pick one and we’d stamp in their name. The cost was one dollar and the stamp was free. That’s how my dad’s business first started in ’71.
Gilberto (The Father)
I started my business back in 1971. I was a meat cutter. One time the farmers went on strike and there was no more meat to cut. My father-in-law told me why don’t you go to the store get some leather, make some belts and wallets and sell them at the swap meet. While there I met a lot of bikers who would ask me to do little repairs and some other custom items. That’s how I first started working with bikers.
Joe
My Father started this business in the garage with a couple of wooden tables and a machine we still use today. My dad would be stamping out leather all day and my brother and I would paint the edges. My brother and I sacrificed every summer traveling to all the state fairs. There was one summer we had to work 10 a.m. to 10 p.m. and 10 a.m. to midnight on the weekends. We grew up in that world. We didn’t really see it as a bad thing. It’s just what we did. Little did we know, that 40 years later we’d have this huge retail place with customers from all over the world.
Gilbert Jr.
My dad’s first customers were at the La Mirada swap meet. A guy named Popeye introduced us to the biker scene. We started with only one table and a Dodge Charger. My parents would have to sit in the Charger because we didn’t have a canopy for shade. My dad would always say “I know it’s tough on you guys but in the end it will benefit you.” Sure enough my dad has proven that to be true.
Eric
I was the youngest so I was a little more spoiled and started at age 12. I wasn’t ready to run the business but I had a general knowledge of how things worked. Joe taught me how to measure so we helped each other. Now I’m here everyday taking care of the customers. People come from everywhere. We had a guy come down from Switzerland just to buy an Espinoza T-shirt. Over the years my dad has built a steady clientele. We offer the type of customization others can’t. We can take a basic vest and do whatever you want with it. You might have a small chest and a big belly, but we can make a vest that fits right. That’s what my dad offers to the people that no one else can.
When it comes to the Chicano-style riders, the style has always been clean cut with ironed pants and shirts and never looking grungy. We always presented our bikes and ourselves the right way. That’s how we were as Chicano men back in the day and as time progressed that’s how we still are. Chicano men tend to want the longer vest that is fitted and looking good. They don’t want to go and buy a tiny vest. Also we treat everyone as family and with respect no matter what background you come from.
Joe
As you can see it’s always been a family business so it doesn’t feel like work, just spending time with the family. Eric is 100% like my dad. He has that type of personality that makes people want to come in and talk to him for hours. He acts exactly how my dad does by spending a lot of time with customers, but now my dad gets on his case for doing the exact same thing! (laughs). Two years ago I tried to figure out how to launch a Web site for a mass market. You can’t. How do you show a 100% custom experience to a mass market? The way I try to appeal to the public is to explain why it’s worth it to take a ride here whether you’re in San Diego, San Francisco or other surrounding states. Whenever you’re in California, come on in. I’ve been trying to get the word out that to wear an Espinoza cut is to have something special. We must be doing something right because we realize it’s more than a business when my dad shows up to an event and a crowd surrounds him. They all want to say hi to my pops. That’s when you know it’s more than making cuts for riders. Funny part is, my dad hates crowds and usually tells me ‘Mijo get me a beer’. They love you, huh dad?
Gilberto
The people they love me (big laughs).
Does the family ride together also?
Eric
My dad stopped riding in 1991 until about 3 years ago when I started working full time for him. Watching a pack of bikes leave the shop everyday, I’d get so pissed off and say “I need a bike! I need a bike!” I kept telling my dad I need a co-signer. (laughs) He finally said OK. I bought a 2010 Dyna Street Bob. I guess I was watching too much Sons of Anarchy. (laughs) When my dad was there with me, he fell in love with a trike and bought it on the spot.
Joe
I went with them just for moral support and sat on a Softail. I bought it that same day also. Two months later my brother ( Gilbert Jr.) bought a motorcycle and eventually, his son Gilbert III, bought a bike–now all three generations ride.
Gilberto - Final Thought...Thank you all for your business.
ESPINOZAS LEATHER WEBSITE BIO
Starting in 1971 with the manufacturing of leather bracelets and barrettes, immigrant Gilberto Espinoza was determined to grow his small one man operation into a prosperous business.
Soon leather belts, chain wallets and purses made its way into the inventory. The result was growth warranting the opening of a formal manufacturing location. So the garage was returned to the family car and small but suitable shop was found in a strip mall in Rosemead.
In September of 1985 the first retail store was opened just two short blocks away from the first shop. Espinoza’s Leather Goods retail was born and the offering at the time was the same inventory of wallets and purses with some samplings of import products from Mexico.
That summer the first motorcycle jacket was made and Gilberto never looked back. Leather jackets, vests and chaps are his passion coupled with customer satisfaction.
In September of 1985 the first retail store was opened just two short blocks away from the first shop. Espinoza’s Leather Goods retail was born and the offering at the time was the same inventory of wallets and purses with some samplings of import products from Mexico.
That summer the first motorcycle jacket was made and Gilberto never looked back. Leather jackets, vests and chaps are his passion coupled with customer satisfaction.
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Ten Most Notorious Outlaw Biker Gangs
Ten Most Notorious Outlaw Biker Gangs.
BY: William J. Felchner
Source: factoidz.com
US - The outlaw biker gang can trace its origins to the period after World War II where returning veterans and other roadies began to organize themselves in clubs, pining for the freedom, action and nonconformity that the motorcycle offered. One of the seminal events in outlaw biker history was "The Hollister Riot," which took place over the July Fourth 1947 holiday weekend in Hollister, California, where some 4,000 motorcycle enthusiasts invaded the small town. The ensuing ruckus was later sensationalized in the July 21, 1947, issue of Life magazine, marking a famous milestone in biker history.
The Hollister Gypsy Tour, as the event was billed, included the Boozefighters, a South Central Los Angeles motorcycle club founded in 1946 by World War II vet William "Wino Willie" Forkner (1921-1997). Forkner reveled in his reputation as a biker hellraiser, and reportedly served as the inspiration for Lee Marvin's Chino character in Columbia Pictures' The Wild One (1953), which also starred Marlon Brando as bad boy Johnny Strabler, leader of the fictional Black Rebels.
Here are ten notorious outlaw biker gangs that rule the road in biker history. These are the so-called "1%ers," the bikers who operate out of the mainstream as compared to the other 99% of motorcyclists who abide by the law and norms of society. Kick start your engines and show your colors…
Hells Angels (1948-present)
Unarguably the best-known outlaw biker gang in history, Hells Angels owes its name to World War II and possibly the 1930 Howard Hughes movie of the same name. During Big Two, there did exist the United States Army Air Forces 303rd Heavy Bombardment Group (H) of the U.S. 8th Air Force which billed itself as Hell's Angels, flying B-17 combat missions out of Molesworth, England, from 1942-45.
Hells Angels was formed in the Fontana/San Bernardino, California, area on March 17, 1948 as an offshoot of the Pissed Off Bastards of Bloomington, a California motorcycle club founded in 1945 by American veterans of the air war. Other independent chapters of Hells Angels later sprouted up in Oakland, Gardena and San Francisco.
Hells Angels eventually spread its wings, with the club now sporting charters in 29 countries, including Canada, Brazil, Australia, New Zealand, the United Kingdom, Portugal, Russia, Greece, Denmark, France, Turkey and the Dominican Republic.The Hells Angels insignia is the infamous "death's head," designed by Frank Sadilek, a former president of the San Francisco chapter.
Both American and Canadian law enforcement have labeled the Hells Angels Motorcycle Club (HAMC) a crime syndicate, asserting that its members routinely engage in drug trafficking, extortion and violence. Hells Angels garnered notoriety at the Altamont Free Concert on December 6, 1969, when they were hired by the Rolling Stones to act as stage security. Mayhem ensued at the drug/alcohol fueled event that boasted of a crowd of 300,000, with four people losing their lives.
Mongols (1969-present)
The Mongols was founded on December 5, 1969 in Montebello, California, by Hispanic veterans of the Vietnam War. Reportedly denied membership in Hells Angels because of their race, the Mongols eventually branched out, currently boasting of chapters in 14 states and four foreign countries.
Law enforcement has classified the Mongols as a criminal enterprise, engaging in loan sharking, drug trafficking, racketeering, theft and murder for hire. ATF agent William Queen, using the alias Billy St. John, successfully infiltrated the Mongols in 1998, resulting in 53 Mongol convictions.
The Mongols and their hated rivals Hells Angels engaged in an infamous brawl and gunfight at Harrah's Casino in Laughlin, Nevada, in 2002. When the smoke had cleared, one Mongol and two Hells Angels lay dead on the casino floor.
Pagans (1959-present)
Lou Dobkins, a biochemist at the National Institute of Health, founded the Pagans in Prince George's County, Maryland, in 1959. By the late 1960s, the Pagans were the dominant biker club on the East Coast, riding British Triumph motorcycles (later traded in for Harley Davidsons) and sporting their distinctive patch depicting the Norse fire god Sutr wielding a flaming sword.
The Pagans currently operate in eleven states, with Delaware County, Pennsylvania, serving as their Mother chapter. American law enforcement has classified the Pagans as a criminal enterprise, engaging in a host of illegal activities, including gun running, drug trafficking, arson, methamphetamine production and distribution, prostitution, racketeering and murder for hire.
In 2002, the Pagans and Hells Angels clashed at the Hellraiser Ball in Long Island, New York, where ten people were wounded and one Pagan was allegedly shot and killed by a Hells Angels member. Three years later, the Vice President of the Hells Angels Philadelphia chapter was killed by gunfire while driving his truck on the Schuylkill Expressway, with the Pagans allegedly carrying out the hit.
Outlaws (1935-present)
The Outlaws can trace their history back to 1935 when the McCook Outlaws Motorcycle Club was formed out of Matilda's Bar on old Route 66 in McCook, Illinois. In the ensuing years, the club morphed into the McCook Outlaws, the Chicago Outlaws and the American Outlaws Association (A.O.A.). Their first out of state chapter came in Florida in 1967. In 1977, the Canadian biker gang Satan's Choice joined the Outlaws franchise, making it the first chapter outside of the United States. Today, the Outlaws are active in some 14 states, with international chapters in the United Kingdom, Australia, France, Germany, Sweden, Thailand, Norway, Poland, the Philippines, et al.
The Outlaws sport a distinctive patch comprised of a skull and crossed pistons. Their official motto, adopted in 1969, is "God forgives, Outlaws don't."
Law enforcement has categorized the Outlaws as an organized crime syndicate, engaging in drug trafficking, murder, extortion and prostitution. The Outlaws have had their run-ins with police and other biker gangs. In 2007, Outlaws member Frank Rego Vital was shot and killed outside the Crazy Horse Saloon in Forest Park, Georgia, by two Renegades motorcycle club members who had reportedly acted in self-defense.
Bandidos (1966-present)
The Bandidos was founded by Marine Corps and Vietnam War veteran Don Chambers in San Leon, Texas, in 1966. The club's official motto is "We are the people our parents warned us about," with a big Mexican in sombrero brandishing a machete and pistol adorning the club's distinctive patch. The Bandidos currently boast of 104 chapters in the United States, along with international chapters in Germany, Australia, Denmark, France, Italy, Spain, Sweden, Norway, Malaysia, Indonesia, Thailand, Singapore, Costa Rica, Belgium and the Channel Islands.
Law enforcement has classified the Bandidos as an organized crime syndicate, engaging in murder, drug trafficking, money laundering, extortion, gun running and witness tampering. From 1994 to 1997 the so-called "Great Nordic Biker War" was waged in Scandinavia pitting Bandidos versus Hells Angels in a bloody turf war that resulted in eleven murders. Vagos (1965-present)
Originally called the Psychos, Vagos was formed in Temescal Valley, California, in 1965. The club's distinctive green/red patch pictures the Norse god Loki straddling a motorcycle. Vagos currently operates mainly in the southwestern United States and northern Mexico.
Both the FBI and the ATF consider Vagos an outlaw biker gang, engaging in drug trafficking, gun running, auto theft, money laundering and murder. In 2002, however, Vagos members turned in the estranged wife of a Pomona, California, police detective who had attempted to hire a Vagos hit man to murder her husband.
Law enforcement has successfully conducted several undercover investigations of Vagos and their illegal activities. In 2004, authorities arrested 26 Vagos members/associates and seized $125,000 in cash, drugs and weapons.
Pennsylvania Warlocks (1967-present)/Florida Warlocks (1967-present)
The Pennsylvania Warlocks was founded in Philadelphia in February 1967. The club's distinctive patch features the Harpy, the legendary winged beast from Greek mythology. The Pennsylvania Warlocks boast of chapters in New Jersey, Ohio, Illinois, Florida, Minnesota and Massachusetts. The Pennsylvania Warlocks have been linked to organized crime and methamphetamine production and distribution.
The Florida Warlocks was founded by U.S. Navy veteran Tom "Grub" Freeland in Orlando, Florida, in 1967. The club's logo is a blazing eagle while their official motto is "To find us you must be good. To catch us…you must be fast. To beat us…you must be kidding!" The Florida Warlocks have chapters in South Carolina, Virginia, West Virginia, New York, the United Kingdom and Germany. The Florida Warlocks were successfully infiltrated by the ATF in 1991 and again in 2003, with convictions for drug and weapon charges resulting from the latter.
Sons of Silence (1966-present)
The Sons of Silence was founded in Niwot, Colorado, in 1966. The club sports a distinctive patch featuring the American Eagle superimposed over a large "A"– highly reminiscent of the Anheuser-Busch logo. The gang's official motto is "Donec mors non separat"– Latin for "Until death separates us."
The Sons of Silence boast of chapters in Illinois, Wyoming, Arkansas, Florida, Indiana, Kansas, Minnesota, Kentucky, North Dakota, Mississippi and Germany. The Sons of Silence have been implicated in drug trafficking and weapons violations.
Highwaymen (1954-present)
The Highwaymen was established in Detroit, Michigan, in 1954. The club's distinctive patch features a winged skeleton sporting a leather jacket, motorcycle cap and the black and silver colors. "Highwaymen forever, forever Highwaymen" serves as the gang's official motto.
The Highwaymen currently have chapters in Michigan, Tennessee, Florida, Kentucky, Ohio, Indiana and Norway. The Highwaymen Motorcycle Club has been the subject of intense law enforcement scrutiny through the years. In 2007, the FBI arrested 40 Detroit Highwaymen members/associates on a variety of charges, including drug trafficking, theft, racketeering, insurance fraud, police corruption and murder for hire.
Gypsy Joker (1956-present)
The Gypsy Joker was founded in San Francisco, California, on April 1, 1956. The club's official patch features a grinning skull. Forced out of San Francisco by Hells Angels, the Gypsy Joker headed north to Oregon and Washington state in the late 1960s.
The Gypsy Joker has some 35 chapters worldwide, including active clubs in Australia, Germany, South Africa and Norway. The club is especially high profile in Australia, where in 2009 five Gypsy Jokers engaged in a drug-related shootout with a rival "bikie" gang (as they are called Down Under) in Perth.
Ten More Notorious Outlaw Biker Gangs
Here are ten more infamous biker gangs, along with where established and years active.
•Free Souls (Eugene, Oregon, 1968-present) •The Breed (Asbury Park, New Jersey, 1965-present) •Rebels (Brisbane, Australia, 1969-present) •Grim Reapers (Calgary, Canada, 1967-1997) •Iron Horsemen (Cincinnati, Ohio, mid-1960s-present) •The Finks (Adelaide, Australia, 1969-present) •Brother Speed (Boise, Idaho, 1969-present) •Devils Diciples (Fontana, California, 1967-present) •Solo Angeles (Tijuana, Mexico, 1959-present) •Diablos (San Bernardino, California, 1964-present) About William J. Felchner William J. Felchner's many feature articles have appeared in such periodicals as True West, Hot Rod, Movie Collector's World, Sports Collectors Digest, Persimmon Hill, Big Reel, Corvette Quarterly, Old West, Antiques & Auction News, Storyboard, Goldmine, Autograph Collector, Warman's Today's Collector, The Paper & Advertising Collectors'
Frontier Times, Television History, Illinois and Military Trader.
BY: William J. Felchner
Source: factoidz.com
US - The outlaw biker gang can trace its origins to the period after World War II where returning veterans and other roadies began to organize themselves in clubs, pining for the freedom, action and nonconformity that the motorcycle offered. One of the seminal events in outlaw biker history was "The Hollister Riot," which took place over the July Fourth 1947 holiday weekend in Hollister, California, where some 4,000 motorcycle enthusiasts invaded the small town. The ensuing ruckus was later sensationalized in the July 21, 1947, issue of Life magazine, marking a famous milestone in biker history.
The Hollister Gypsy Tour, as the event was billed, included the Boozefighters, a South Central Los Angeles motorcycle club founded in 1946 by World War II vet William "Wino Willie" Forkner (1921-1997). Forkner reveled in his reputation as a biker hellraiser, and reportedly served as the inspiration for Lee Marvin's Chino character in Columbia Pictures' The Wild One (1953), which also starred Marlon Brando as bad boy Johnny Strabler, leader of the fictional Black Rebels.
Here are ten notorious outlaw biker gangs that rule the road in biker history. These are the so-called "1%ers," the bikers who operate out of the mainstream as compared to the other 99% of motorcyclists who abide by the law and norms of society. Kick start your engines and show your colors…
Hells Angels (1948-present)
Unarguably the best-known outlaw biker gang in history, Hells Angels owes its name to World War II and possibly the 1930 Howard Hughes movie of the same name. During Big Two, there did exist the United States Army Air Forces 303rd Heavy Bombardment Group (H) of the U.S. 8th Air Force which billed itself as Hell's Angels, flying B-17 combat missions out of Molesworth, England, from 1942-45.
Hells Angels was formed in the Fontana/San Bernardino, California, area on March 17, 1948 as an offshoot of the Pissed Off Bastards of Bloomington, a California motorcycle club founded in 1945 by American veterans of the air war. Other independent chapters of Hells Angels later sprouted up in Oakland, Gardena and San Francisco.
Hells Angels eventually spread its wings, with the club now sporting charters in 29 countries, including Canada, Brazil, Australia, New Zealand, the United Kingdom, Portugal, Russia, Greece, Denmark, France, Turkey and the Dominican Republic.The Hells Angels insignia is the infamous "death's head," designed by Frank Sadilek, a former president of the San Francisco chapter.
Both American and Canadian law enforcement have labeled the Hells Angels Motorcycle Club (HAMC) a crime syndicate, asserting that its members routinely engage in drug trafficking, extortion and violence. Hells Angels garnered notoriety at the Altamont Free Concert on December 6, 1969, when they were hired by the Rolling Stones to act as stage security. Mayhem ensued at the drug/alcohol fueled event that boasted of a crowd of 300,000, with four people losing their lives.
Mongols (1969-present)
The Mongols was founded on December 5, 1969 in Montebello, California, by Hispanic veterans of the Vietnam War. Reportedly denied membership in Hells Angels because of their race, the Mongols eventually branched out, currently boasting of chapters in 14 states and four foreign countries.
Law enforcement has classified the Mongols as a criminal enterprise, engaging in loan sharking, drug trafficking, racketeering, theft and murder for hire. ATF agent William Queen, using the alias Billy St. John, successfully infiltrated the Mongols in 1998, resulting in 53 Mongol convictions.
The Mongols and their hated rivals Hells Angels engaged in an infamous brawl and gunfight at Harrah's Casino in Laughlin, Nevada, in 2002. When the smoke had cleared, one Mongol and two Hells Angels lay dead on the casino floor.
Pagans (1959-present)
Lou Dobkins, a biochemist at the National Institute of Health, founded the Pagans in Prince George's County, Maryland, in 1959. By the late 1960s, the Pagans were the dominant biker club on the East Coast, riding British Triumph motorcycles (later traded in for Harley Davidsons) and sporting their distinctive patch depicting the Norse fire god Sutr wielding a flaming sword.
The Pagans currently operate in eleven states, with Delaware County, Pennsylvania, serving as their Mother chapter. American law enforcement has classified the Pagans as a criminal enterprise, engaging in a host of illegal activities, including gun running, drug trafficking, arson, methamphetamine production and distribution, prostitution, racketeering and murder for hire.
In 2002, the Pagans and Hells Angels clashed at the Hellraiser Ball in Long Island, New York, where ten people were wounded and one Pagan was allegedly shot and killed by a Hells Angels member. Three years later, the Vice President of the Hells Angels Philadelphia chapter was killed by gunfire while driving his truck on the Schuylkill Expressway, with the Pagans allegedly carrying out the hit.
Outlaws (1935-present)
The Outlaws can trace their history back to 1935 when the McCook Outlaws Motorcycle Club was formed out of Matilda's Bar on old Route 66 in McCook, Illinois. In the ensuing years, the club morphed into the McCook Outlaws, the Chicago Outlaws and the American Outlaws Association (A.O.A.). Their first out of state chapter came in Florida in 1967. In 1977, the Canadian biker gang Satan's Choice joined the Outlaws franchise, making it the first chapter outside of the United States. Today, the Outlaws are active in some 14 states, with international chapters in the United Kingdom, Australia, France, Germany, Sweden, Thailand, Norway, Poland, the Philippines, et al.
The Outlaws sport a distinctive patch comprised of a skull and crossed pistons. Their official motto, adopted in 1969, is "God forgives, Outlaws don't."
Law enforcement has categorized the Outlaws as an organized crime syndicate, engaging in drug trafficking, murder, extortion and prostitution. The Outlaws have had their run-ins with police and other biker gangs. In 2007, Outlaws member Frank Rego Vital was shot and killed outside the Crazy Horse Saloon in Forest Park, Georgia, by two Renegades motorcycle club members who had reportedly acted in self-defense.
Bandidos (1966-present)
The Bandidos was founded by Marine Corps and Vietnam War veteran Don Chambers in San Leon, Texas, in 1966. The club's official motto is "We are the people our parents warned us about," with a big Mexican in sombrero brandishing a machete and pistol adorning the club's distinctive patch. The Bandidos currently boast of 104 chapters in the United States, along with international chapters in Germany, Australia, Denmark, France, Italy, Spain, Sweden, Norway, Malaysia, Indonesia, Thailand, Singapore, Costa Rica, Belgium and the Channel Islands.
Law enforcement has classified the Bandidos as an organized crime syndicate, engaging in murder, drug trafficking, money laundering, extortion, gun running and witness tampering. From 1994 to 1997 the so-called "Great Nordic Biker War" was waged in Scandinavia pitting Bandidos versus Hells Angels in a bloody turf war that resulted in eleven murders. Vagos (1965-present)
Originally called the Psychos, Vagos was formed in Temescal Valley, California, in 1965. The club's distinctive green/red patch pictures the Norse god Loki straddling a motorcycle. Vagos currently operates mainly in the southwestern United States and northern Mexico.
Both the FBI and the ATF consider Vagos an outlaw biker gang, engaging in drug trafficking, gun running, auto theft, money laundering and murder. In 2002, however, Vagos members turned in the estranged wife of a Pomona, California, police detective who had attempted to hire a Vagos hit man to murder her husband.
Law enforcement has successfully conducted several undercover investigations of Vagos and their illegal activities. In 2004, authorities arrested 26 Vagos members/associates and seized $125,000 in cash, drugs and weapons.
Pennsylvania Warlocks (1967-present)/Florida Warlocks (1967-present)
The Pennsylvania Warlocks was founded in Philadelphia in February 1967. The club's distinctive patch features the Harpy, the legendary winged beast from Greek mythology. The Pennsylvania Warlocks boast of chapters in New Jersey, Ohio, Illinois, Florida, Minnesota and Massachusetts. The Pennsylvania Warlocks have been linked to organized crime and methamphetamine production and distribution.
The Florida Warlocks was founded by U.S. Navy veteran Tom "Grub" Freeland in Orlando, Florida, in 1967. The club's logo is a blazing eagle while their official motto is "To find us you must be good. To catch us…you must be fast. To beat us…you must be kidding!" The Florida Warlocks have chapters in South Carolina, Virginia, West Virginia, New York, the United Kingdom and Germany. The Florida Warlocks were successfully infiltrated by the ATF in 1991 and again in 2003, with convictions for drug and weapon charges resulting from the latter.
Sons of Silence (1966-present)
The Sons of Silence was founded in Niwot, Colorado, in 1966. The club sports a distinctive patch featuring the American Eagle superimposed over a large "A"– highly reminiscent of the Anheuser-Busch logo. The gang's official motto is "Donec mors non separat"– Latin for "Until death separates us."
The Sons of Silence boast of chapters in Illinois, Wyoming, Arkansas, Florida, Indiana, Kansas, Minnesota, Kentucky, North Dakota, Mississippi and Germany. The Sons of Silence have been implicated in drug trafficking and weapons violations.
Highwaymen (1954-present)
The Highwaymen was established in Detroit, Michigan, in 1954. The club's distinctive patch features a winged skeleton sporting a leather jacket, motorcycle cap and the black and silver colors. "Highwaymen forever, forever Highwaymen" serves as the gang's official motto.
The Highwaymen currently have chapters in Michigan, Tennessee, Florida, Kentucky, Ohio, Indiana and Norway. The Highwaymen Motorcycle Club has been the subject of intense law enforcement scrutiny through the years. In 2007, the FBI arrested 40 Detroit Highwaymen members/associates on a variety of charges, including drug trafficking, theft, racketeering, insurance fraud, police corruption and murder for hire.
Gypsy Joker (1956-present)
The Gypsy Joker was founded in San Francisco, California, on April 1, 1956. The club's official patch features a grinning skull. Forced out of San Francisco by Hells Angels, the Gypsy Joker headed north to Oregon and Washington state in the late 1960s.
The Gypsy Joker has some 35 chapters worldwide, including active clubs in Australia, Germany, South Africa and Norway. The club is especially high profile in Australia, where in 2009 five Gypsy Jokers engaged in a drug-related shootout with a rival "bikie" gang (as they are called Down Under) in Perth.
Ten More Notorious Outlaw Biker Gangs
Here are ten more infamous biker gangs, along with where established and years active.
•Free Souls (Eugene, Oregon, 1968-present) •The Breed (Asbury Park, New Jersey, 1965-present) •Rebels (Brisbane, Australia, 1969-present) •Grim Reapers (Calgary, Canada, 1967-1997) •Iron Horsemen (Cincinnati, Ohio, mid-1960s-present) •The Finks (Adelaide, Australia, 1969-present) •Brother Speed (Boise, Idaho, 1969-present) •Devils Diciples (Fontana, California, 1967-present) •Solo Angeles (Tijuana, Mexico, 1959-present) •Diablos (San Bernardino, California, 1964-present) About William J. Felchner William J. Felchner's many feature articles have appeared in such periodicals as True West, Hot Rod, Movie Collector's World, Sports Collectors Digest, Persimmon Hill, Big Reel, Corvette Quarterly, Old West, Antiques & Auction News, Storyboard, Goldmine, Autograph Collector, Warman's Today's Collector, The Paper & Advertising Collectors'
Frontier Times, Television History, Illinois and Military Trader.
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USA - Congress Bans Motorcycle Only Checkpoints
OFF THE WIRE
agingrebel.com
After eight years, Congress finally banned the use of federal funds for motorcycle only checkpoints yesterday
The ban was part of a $305 billion highway bill called the Fixing America’s Surface Transportation (or FAST) Act. The bill was approved by a vote of 359 to 65 in the House of Representatives and 83 to 16 in the Senate. It will become law when it is signed by President Barack Obama. The FAST Act is the first new transportation bill approved by Congress during the Obama Administration and is an example of bipartisanship on behalf of the general welfare.
Provisions of the bill will be funded by gasoline tax revenue and $70 billion in offsets from other federal programs. It provides for $205 billion in improvements to American highways and $48 billion on transit projects over the next five years. At the last moment, Senator Jeff Flake, a Republican from Arizona, tried to include a provision that would provide $3 billion for crop insurance in the bill. The Senate rejected the provision.
The Fast Act incorporated proposed House and Senate legislation including the Senate’s “Stop Motorcycle Checkpoint Funding Act” which was introduced last March.
Motorcycle Checkpoints
Motorcycle-only checkpoints are a strategy used by police to harass and conduct searches of motorcyclists under the pretense of checking for the bikers compliance with licensing, helmet laws, exhaust emissions and exhaust noise. The stops only apply to motorcyclists. They are often carried out by so-called gang task forces and they are often staged near motorcycle rallies and events.The checkpoints were inspired by the 2006 death of a New York State Trooper named Craig J. Todeschini. Todeschini died when he lost control of his Chevy Tahoe Sport Utility Vehicle while trying to chase down a sport bike. The following year, in a blatant attempt to exact revenge on all motorcyclists for Todeschini’s death, state police carried out “Operation 5060,” named for Todeschini’s badge number, on Interstate 84 in East Fishkill, New York. The operation featured a helicopter to pursue any motorcyclist who might try to avoid the checkpoint.
No one tried to get away.
Operation 5060 stopped 280 motorcyclists and issued 104 tickets. Because it was publicized as a motorcycle safety imitative, it qualified for federal funding and had virtually no impact on police budgets. New York State Police sent out a press release calling the checkpoint a “success” and troopers began touring the country to show other police how they could harass motorcyclists using federal funds, too. It became a popular idea. The legislation passed yesterday puts a stop to it.
The FAST Act also provides for the reestablishment of a Motorcyclist Advisory Council to coordinate with and counsel the U.S. Department of Transportation administrator on specific infrastructure concerns to motorcyclists.
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Wounded Warriors Execs Make Out Like Bandits, Actual Wounded Warriors? Not So Much…
OFF THE WIRE
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Everyone wants to support American vets and when you hear about the great work Wounded Warriors Project does for our own American vets, well, … you just can’t fight the urge to dig deep and give to support the cause. But who/what are you really supporting? Not so much the vets….
REVENUE: $234,682,943.00
EXPENSES: $158,073,943.00
TOTAL PROFITS:
$ 76,609,000.00
FOR THE YEAR 2013-2014
REVENUE: $342,066,114.00
EXPENSES: $248,005,493.00
TOTAL PROFITS: $ 94,060,675.00
TOTAL AMOUNT GOING TO ORGANIZATIONS IN 2013: $16,849,420.00
TOTAL AMOUNT GOING TO ORGANIZATIONS IN 2014: $41,305,308.00
TOTAL AMOUNT GOING TO INDIVIDUAL VETERANS IN 2013: $853,365.00
TOTAL AMOUNT GOING TO INDIVIDUAL VETERANS IN 2014: $804,393.00
Now, how about some brass tacks about what just their top three executives make per year in salaries alone, not including bonuses, retirement, and insurance.
STEVEN NARDIZZI EXECUTIVE DIRECTOR $375,000.00 in 2013
STEVEN NARDIZZI CHIEF EXECUTIVE OFFICER $473,015.00 in 2014
ALBION GIORDANO DEPUTY EXECUTIVE DIRECTOR $337,500.00 in 2013
ALBION GIORDANO CHIEF OPERATING OFFICER $369,030.00 in 2014
JEREMY CHWAT CHIEF PROGRAM OFFICER $218,267.00 in 2013
JEREMY CHWAT CHIEF PROGRAM OFFICER $262,750.00 in 2014
These are STRICTLY the amounts and descriptions from their own tax forms. This does not even begin to cover their beautiful, modern building or the seven lawsuits that they have launched against much smaller, higher rated Veterans non-profit groups, who either used the words ‘wounded warrior’ somewhere in their name or used a silhouette of soldiers in their logos.
***But of the more than 56,000 veterans the group counts as “alumni,” meaning that they have been registered with the organization, many don’t directly engage with WWP. Less than two-thirds (62 percent) of alumni participated in at least one WWP activity or service in the past year, according to a survey of alumni the group shared with the Beast. But according to their internal database, 78.9 percent of alumni have been involved with “engagements and interactions” with WWP this year.
The best advice I can give you is to do your own research. Find small charities that are well-ranked by Charity Navigator or Charity Watch. Stick with local charities with which you have developed an affiliation personally. One of the highest ranked and most respected Veterans charity is The Fisher House.
Everyone wants to support American vets and when you hear about the great work Wounded Warriors Project does for our own American vets, well, … you just can’t fight the urge to dig deep and give to support the cause. But who/what are you really supporting? Not so much the vets….
DC Clothesline: In the first version of this article, I used the 2012-2013 Wounded Warrior Project 990 Tax Forms. This updated version is using the 2013-2014 Wounded Warrior Project 990 Tax Forms. (Thank you, David Isakson, for all of your assistance) I had made some errors in my original reporting; I am not a forensic accountant and had misread some of the figures or gotten the figures from the wrong columns. I will not be making those mistakes again. The 2012-2013 and the 2013-2014 tax forms are hyperlinked, so feel free to peruse the documents for yourselves. We should not be surprised to find out that yet another ‘charity’ claiming to ‘help’ Veterans is more interested in the salaries of their executives and funding the vicious cycle of advertisement…raise funds…spend it on advertisement…raise funds…ad nauseum. But just the raw figures from their own reporting:
FOR THE YEAR 2012-1013
REVENUE: $234,682,943.00
EXPENSES: $158,073,943.00
TOTAL PROFITS:
$ 76,609,000.00
FOR THE YEAR 2013-2014
REVENUE: $342,066,114.00
EXPENSES: $248,005,493.00
TOTAL PROFITS: $ 94,060,675.00
TOTAL AMOUNT GOING TO ORGANIZATIONS IN 2013: $16,849,420.00
TOTAL AMOUNT GOING TO ORGANIZATIONS IN 2014: $41,305,308.00
TOTAL AMOUNT GOING TO INDIVIDUAL VETERANS IN 2013: $853,365.00
TOTAL AMOUNT GOING TO INDIVIDUAL VETERANS IN 2014: $804,393.00
Now, how about some brass tacks about what just their top three executives make per year in salaries alone, not including bonuses, retirement, and insurance.
STEVEN NARDIZZI EXECUTIVE DIRECTOR $375,000.00 in 2013
STEVEN NARDIZZI CHIEF EXECUTIVE OFFICER $473,015.00 in 2014
ALBION GIORDANO DEPUTY EXECUTIVE DIRECTOR $337,500.00 in 2013
ALBION GIORDANO CHIEF OPERATING OFFICER $369,030.00 in 2014
JEREMY CHWAT CHIEF PROGRAM OFFICER $218,267.00 in 2013
JEREMY CHWAT CHIEF PROGRAM OFFICER $262,750.00 in 2014
These are STRICTLY the amounts and descriptions from their own tax forms. This does not even begin to cover their beautiful, modern building or the seven lawsuits that they have launched against much smaller, higher rated Veterans non-profit groups, who either used the words ‘wounded warrior’ somewhere in their name or used a silhouette of soldiers in their logos.
***But of the more than 56,000 veterans the group counts as “alumni,” meaning that they have been registered with the organization, many don’t directly engage with WWP. Less than two-thirds (62 percent) of alumni participated in at least one WWP activity or service in the past year, according to a survey of alumni the group shared with the Beast. But according to their internal database, 78.9 percent of alumni have been involved with “engagements and interactions” with WWP this year.
The best advice I can give you is to do your own research. Find small charities that are well-ranked by Charity Navigator or Charity Watch. Stick with local charities with which you have developed an affiliation personally. One of the highest ranked and most respected Veterans charity is The Fisher House.
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Federal court rules that bumper stickers, air fresheners are reasonable suspicion of criminal activity
OFF THE WIRE
KINGSVILLE, TX — A panel of judges unanimously held that the presence of bumper stickers, air fresheners, and religious symbols in a vehicle can be considered “reasonable suspicion of criminal activity” during a traffic stop.
The case stems from a March 9, 2011, traffic stop that took place along U.S. Highway 77 in Kingsville, Texas. Officer Mike Tamez of the Kingsville Police Department observed a Chevy Tahoe with a woman behind the wheel, going 2 MPH above the posted speed limit. The family vehicle had a man in the passenger seat and a young girl in the back. The vehicle’s bumper was decorated with a Drug Abuse Resistance Education (D.A.R.E.) sticker and other “pro-police” decals. There were also a few rosaries hanging from the rear view mirror, and some air fresheners visible.
From these visual clues alone, Officer Tamez “concluded that they were probably drug runners.” He pulled them over for speeding, with the premeditated intention of searching the vehicle for drugs.
As Officer Tamez fished for probable cause, he had the driver, Mrs. Nohemi Peña, step out of the vehicle for questioning, while her husband, Ruben Peña-Gonzalez, waited inside with their daughter. The officer noticed things like the “smell of air freshener” and religious medallions on the driver’s key chain. He noted that Mrs. Peña “paused” before responding to his irrelevant line of questioning.
According to court documents, “Tamez testified that a number of things he observed and smelled during the course of the stop made him suspicious: the large number of bumper stickers supporting law enforcement, which he contends shows a desire to be viewed as a ‘good guy’ who ‘can’t do no wrong’; numerous air fresheners placed throughout the vehicle, which experience taught him is an attempt to mask the odor of drugs or drug money; Pancho Villa and St. Jude medallions on the key chain, both of which he characterized as icons commonly used by drug smugglers along Highway 77 as symbols for righteousness and protection; and three rosaries hanging from the rear view mirror, which his experience led him to believe are also used by drug traffickers for protection.”
The Fifth Circuit U.S. Court of Appeals was asked to consider if this was a reasonable standard for extending a traffic stop for an investigation. The panel, consisting of Judge Edith H. Jones, Judge Jerry E. Smith, and Judge Gregg J. Costa, unanimously agreed that these were reasonable circumstances for conducting an investigation, even after the relevant steps had been taken to deal with the speeding infraction.
“Officer Tamez had reasonable suspicion of criminal activity apart from the traffic violation,” the Court of Appeals wrote, in its July 20th, 2015, decision, upholding a lower court’s conviction of the couple and seizure of their cash.
“We do have concerns that classifying pro-law enforcement and anti-drug stickers or certain religious imagery as indicators of criminal activity risks putting drivers in a classic ‘heads I win, tails you lose’ position,” the judges conceded. “But we need not decide whether these items alone, or in combination with one another, amount to reasonable suspicion because we find the more suspicious evidence to be the array of air fresheners and inconsistencies in the driver’s responses to the officer’s basic questions. We have long recognized that the presence of air fresheners, let alone four of them placed throughout an SUV, suggests a desire to mask the odor of contraband.”
The ruling gives legal cover for police to perform intrusive and irrelevant investigations on motorists, who have otherwise not been observed doing anything illegal. And police departments have a great incentive to perform these lucrative fishing expeditions. In 2014 alone, the Kingsville Police Department seized 21 vehicles and $1,099,558 in cash using civil asset forfeiture, TheNewspaper.com reported.
SOURCE: U.S. v. Pena-Gonzalez (U.S. Court of Appeals, Fifth Circuit, 7/20/2015)
KINGSVILLE, TX — A panel of judges unanimously held that the presence of bumper stickers, air fresheners, and religious symbols in a vehicle can be considered “reasonable suspicion of criminal activity” during a traffic stop.
The case stems from a March 9, 2011, traffic stop that took place along U.S. Highway 77 in Kingsville, Texas. Officer Mike Tamez of the Kingsville Police Department observed a Chevy Tahoe with a woman behind the wheel, going 2 MPH above the posted speed limit. The family vehicle had a man in the passenger seat and a young girl in the back. The vehicle’s bumper was decorated with a Drug Abuse Resistance Education (D.A.R.E.) sticker and other “pro-police” decals. There were also a few rosaries hanging from the rear view mirror, and some air fresheners visible.
From these visual clues alone, Officer Tamez “concluded that they were probably drug runners.” He pulled them over for speeding, with the premeditated intention of searching the vehicle for drugs.
As Officer Tamez fished for probable cause, he had the driver, Mrs. Nohemi Peña, step out of the vehicle for questioning, while her husband, Ruben Peña-Gonzalez, waited inside with their daughter. The officer noticed things like the “smell of air freshener” and religious medallions on the driver’s key chain. He noted that Mrs. Peña “paused” before responding to his irrelevant line of questioning.
According to court documents, “Tamez testified that a number of things he observed and smelled during the course of the stop made him suspicious: the large number of bumper stickers supporting law enforcement, which he contends shows a desire to be viewed as a ‘good guy’ who ‘can’t do no wrong’; numerous air fresheners placed throughout the vehicle, which experience taught him is an attempt to mask the odor of drugs or drug money; Pancho Villa and St. Jude medallions on the key chain, both of which he characterized as icons commonly used by drug smugglers along Highway 77 as symbols for righteousness and protection; and three rosaries hanging from the rear view mirror, which his experience led him to believe are also used by drug traffickers for protection.”
The Fifth Circuit U.S. Court of Appeals was asked to consider if this was a reasonable standard for extending a traffic stop for an investigation. The panel, consisting of Judge Edith H. Jones, Judge Jerry E. Smith, and Judge Gregg J. Costa, unanimously agreed that these were reasonable circumstances for conducting an investigation, even after the relevant steps had been taken to deal with the speeding infraction.
“Officer Tamez had reasonable suspicion of criminal activity apart from the traffic violation,” the Court of Appeals wrote, in its July 20th, 2015, decision, upholding a lower court’s conviction of the couple and seizure of their cash.
“We do have concerns that classifying pro-law enforcement and anti-drug stickers or certain religious imagery as indicators of criminal activity risks putting drivers in a classic ‘heads I win, tails you lose’ position,” the judges conceded. “But we need not decide whether these items alone, or in combination with one another, amount to reasonable suspicion because we find the more suspicious evidence to be the array of air fresheners and inconsistencies in the driver’s responses to the officer’s basic questions. We have long recognized that the presence of air fresheners, let alone four of them placed throughout an SUV, suggests a desire to mask the odor of contraband.”
The ruling gives legal cover for police to perform intrusive and irrelevant investigations on motorists, who have otherwise not been observed doing anything illegal. And police departments have a great incentive to perform these lucrative fishing expeditions. In 2014 alone, the Kingsville Police Department seized 21 vehicles and $1,099,558 in cash using civil asset forfeiture, TheNewspaper.com reported.
SOURCE: U.S. v. Pena-Gonzalez (U.S. Court of Appeals, Fifth Circuit, 7/20/2015)
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5 Must Do's for Every Police Encounter
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7 Simple Steps from a Cop on How to Fight Every Speeding Ticket and Win
OFF THE WIRE
By Matt Agorist
7 Simple Steps from a Cop on How to Fight Every Speeding Ticket and Win: http://bit.ly/1MZqHOU
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Do you want to discover the secrets on how to beat your speeding ticket in court?
25% of all Speeding Tickets Are Issued in Error!
It is estimated that in 2014 that there were over 41,000,000 speeding tickets issued in the USA and that over 25% of these were issued in error.
The most common errors include shadowing, RFI inference, cosine angle error, mechanical interference and devices that are out of calibration.
But out of these 41,000,000 speeding tickets only 5% challenged their citation in court.
And out of this 5% less than .05% beat their ticket or have it dismissed.
Why? Because they were not prepared!
The radar gun or lidar gun the police officer used to issue you your speeding ticket is a scientific instrument and because of this the officer must be certified and by law, must follow certain requirements.
So if you’re planning on fighting your ticket in court, we put together this guide to help disqualify the officer’s testimony and his/her equipment, so you have a better chance of winning your case.
Prepare Yourself Before You Ever Get Stopped
Before, during, and right after the stop are the most critical times to prepare your defense if you plan on fighting your speeding ticket.
image: http://tftppull.freethoughtllc.netdna-cdn.com/wp-content/uploads/2013/10/Speeding-Ticket.jpg
Speeding-Ticket
Because of this, it’s CRITICAL that you remember EVERYTHING that is happening around you and document it:
What was the traffic flow like
What signs are on the roadway
The condition of the roadway
Other witnesses
What is the weather like
As you’re doing this, look for a safe place to pull over for you and the police officer.
If you’re on the highway in busy traffic, put your flashers on, pull over to the right and consider exiting at the first exit.
The Approach
Once you’re pulled over and stopped STAY IN YOUR CAR!
Many police officer shootings occur as the officer is approaching a violator. Because of this, his/her stress levels are high, and he/she is watching everything you and the occupants of the car are doing.
DO NOT:
Reach into the glove box
Reach under your seat
DO
Keep your hands in plain sight
Your only job at this point is to reduce the officer’s stress level as much as possible.
The California Stop
One strategy to reduce the officer’s stress level is called the California Stop.
As the officer is exiting his car, roll down the driver’s side window.
If it is at night, turn on your interior lights
Then place your hands on the top of your steering wheel palms up, facing your face.
Doing this, the officer can immediately see that you’re not an immediate threat, and his stress level is reduced.
License, Registration, Insurance Card, any Weapons?
Now that the officer is standing next to your car one of the first things he is going to ask you is for your license, registration, insurance card and if you have any weapons in your possession.
If you do have any weapons, tell him where they are and follow his/her instructions and hopefully you’re properly licensed to possess them.
Do You Know Why I Stopped You?
Remember, everything you say or do will be documented by the officer so don’t admit anything, especially that you were not paying attention.
Just say “no officer, can you explain to me why you stopped me?”
Obey the Officer’s Requests
After the officer obtains the required documentation he may ask you to step out of your car or to remain in your car, just follow his commands.
Can I See Your Radar/Laser Gun?
If the officer says that he used a radar or laser gun, seem curious and ask the officer if you can see it and if he would be willing to explain to you how it works.
If the officer does allow you to see it, take a mental picture of the device, getting the manufacturer’s name and model number.
If he refuses to show you the gun, then just ask him if he could explain to you how it works.
The Citation
As some point, the officer is going to either have you sign the citation or just hand you a copy.
While he is still with you, review the citation to see if he documented the type of device he used to measure your speed.
If he didn’t ask him/her to put on the citation the type of device he/she used.
Documentation
Remember everything you do or say is being documented and possibly even being recorded by the officer.
It’s your job to do the same!
After the Stop
After the stop, find a safe place to pull over and write down EVERYTHING that happened. Then return to the area and snap photos of the area with a camera or your smartphone.
Get Ready for Your Case
Next it’s your job to get ready for your trial.
Step #1 – Know What the Officer Shot You With
To properly prepare your case, you first need to know what type of device the officer used to clock your speed.
image: http://tftppull.freethoughtllc.netdna-cdn.com/wp-content/uploads/2013/10/Police-Radar-Gun.jpg
Police-Radar-Gun
Police radar guns transmit microwave radio signals, and it this type of enforcement that accounts for most speeding citations.
Police lidar guns transmit a narrow beam of light in the near inferred light spectrum and they account for 20% of all traffic citations.
Other ways an officer can clock your speed are using a timing device such as a stopwatch or VASCAR, or following behind you clocking your speed using their speedometer.
Because of this, you need to know EXACTLY what the officer used to measure your speed.
Many jurisdictions will note on the citation what type of device was used and even the device’s serial number.
If this is not documented on your citation, then you may need to follow-up with a friendly telephone call to the agency or officer that issued you the citation and inquire.
Step #2 – Start by Downloading These Free NHTSA Guides
The National Highway Traffic Safety Administration is responsible for developing training programs responsive to the Uniform National Standards established by the Highway Safety Act of 1996.
Because of this, the NHTSA has published guidelines both police agencies and officers MUST follow when operating radar or laser.
As we will be referencing several portions of each of these guides in this article to help you build your case, we would recommend “googling” these titles and download these free PDFs now:
Speed-Measuring Device Performance Specification: Across-the-Road Radar Module
Lidar Speed Measuring Device Performance Specifications
Police Radar Instructor Training Course
Basic Training Program in Radar Speed Measurement
Step #3 – Have an Understanding of Case Law
Case Law Regarding the Use of Police Radar
If you were cited by an officer who used a police radar gun, your next step is to have a understanding of these most significant case laws pertaining to the use of radar in speed enforcement.
State of Florida v. Aquilera (1979)
This infamous case is known widely as the Miami Radar Trial. After a local television reporter showed a house clocked at 28 mph and a palm tree clocked at 86 mph, the story broke nationwide and radar was quickly shown to be less than accurate. In this case the Dade County Court sustained a motion to suppress the results of radar units in 80 speeding ticket cases.
The court’s opinion stated that the reliability of radar speed measuring devices as used in their present modes and particularly in some cases, has not been established beyond and to the exclusion of every reasonable doubt, nor has it met the test of reasonable scientific certainty.
United States v. Fields (1982)
District Court in Ohio ruled that it was not possible to establish from the radar results whether the defendant was traveling at 43 mph or whether the Speedgun 8 radar unit was measuring the rotation of the ventilation fan at the sewage pumping station next to the officer’s car.
The court also found that the officer was not qualified to operate the radar unit since he did not know the requirements for correct operation of the unit. In addition, the officer did not calibrate it before use, on that occasion.
Commonwealth of Kentucky v. Honeycutt (1966)
This case is a very common prosecution weapon against the 24 hours of classroom and 16 hours of field training requirement. In this case the court ruled that an officer should not be required to know the scientific principles of radar.
The court also ruled that the officer only needs to know how to properly set up, test and read the radar unit. As such, a few hours of instruction should be enough to qualify an officer to operate the radar unit.
State of Connecticut v. Tomanelli (1966)
In the case, which is the same year as the Honeycutt case, the Supreme Court of Connecticut ruled that “outside influences may affect the accuracy of the recording by a police radar set sufficient to raise a doubt as to the reliability of the speed recorded.”
The court also stated that tuning forks must be proved to be accurate to be accepted as valid tests of a radar unit. In order to establish the accuracy of the radar unit the operator must testify to the following:
That he made tuning fork tests before and after the defendant’s speed was recorded.
That the tests were made by activating 40, 60 and 80 mph tuning forks and by observing that the unit responded correctly in each case.
State of Minnesota v. Gerdes (1971)
The Supreme Court of Minnesota ruled that where the only means of testing the accuracy of a radar unit is an internal mechanism within the unit, and there is no other evidence of the motorist’s speed other than the radar reading, the conviction cannot be sustained.
The court also established the following conditions for proving the accuracy of the radar unit:
The officer must have adequate training and experience in the operation of the radar unit.
The officer must testify as to how the unit was set up and the conditions the unit was operated under.
it must be proven that the unit was operated with a minimum possibility of distortion from external interference.
The unit has to be tested with an external source, such as a tuning fork or an actual test run with another vehicle with an accurately calibrated speedometer.
People of New York v. Perlman (1977)
The Suffolk County District Court ruled that the radar device was not proved to be accurate since no external test had been performed before or after the arrest. This case is significant since it established the criteria of testing before and after a citation is issued.
State of Wisconsin v. Hanson (1978)
In this landmark case, the Supreme Court of Wisconsin set minimum conditions for the use of radar as evidence. Sufficient evidence to support a speeding conviction with moving radar will require testimony by a competent operating officer that:
He had adequate training and experience in radar operation
The radar unit was in proper working condition at the time of the arrest
The radar unit was used in an area where there was a minimum possibility of distortion
The input speed of the officer’s car was verified; the car’s speedometer was expertly tested within a reasonable period after the citation was issued
All testing was done without the radar unit’s own internal calibration device being used
State of Florida v. Allweiss (1980)
The Pinellas County Court ruled that the testing methods for radar equipment are legally insufficient. “The use of such a tuning fork furnished by the manufacturer in this court’s opinion is tantamount to allowing the machine to test itself.
A tuning fork furnished by the manufacturer is merely an extension and part of the total speed measuring apparatus.
Case Law Regarding the Use of Police Lidar
If an officer used a police lidar gun to cite you, then your next step is to have a basic understanding of these most significant case laws that pertain to the use of lidar in speed enforcement.
Admissibility of Motor Vehicle Speed Readings
714 A.2d 381, 391-92 (New Jersey Superior Court 1998)
The Superior Court of New Jersey ordered that admissibility to lidar is subject to the following rules:
Expert testimony is not required.
Officers must be properly trained in the use of lidar and that training must be documented.
The lidar must be tested according to procedures recommended by the manufacturer.
The court further ordered that the lidar be tested against a known speed.
Speed reading obtained by lidar are not affected by temperature, the degree of ambient light, or light to moderate rain. Readings shall not be accepted during heavy rainfall or while snow is falling.
Speed reading made at distances up to 1,000 feet are admissible. Readings obtained in excess of 1,000 feet shall be admitted only with supporting evidence and expert testimony
State of Hawaii v Abiye Assay
Once an officer has completed a course of instruction and certified to operate lidar – training is not done. Officers must understand (memorize) 11.2 Principles of Operation.
For example, during the known-distance test officers must testify that the lidar uses proven time-distance formulas (pulse principle) and the speed of light (universal constant) to determine the known distance. Since the lidar utilizes one microprocessor to calculate time-of-flight and thus confirms the correct pulse repetition frequency, the lidar can accurately determine speed.
Then officers must obtain, read, and understand the manufacturer’s operator’s manual (10.7 Certification) for the particular lidar used and follow the manufacturer-recommended procedures for testing. Officers must further test the lidar as outlined in 11.16 Testing the LIDAR:
Known Speed Test. All lidars must include a Technician Certification (10.7 & 11.16) every 3 years in accordance with manufacture’s specifications and NHTSA standards. (Note: New lidars come with a Technician Certification from the factory.)
Officers must successfully complete Visual Speed Estimations, Enclosure 13.2 and be prepared to present this information in a court of law. During operation officers must understand and follow a proper tracking history (11.4 Lidar Tracking History) and be prepared to testify as to visual observations and speed estimates prior to clocking with lidar.
Officers must understand all lidar effects (11.5Lidar Effects), including proper operation to avoid any of these effects. Officer must be currently certified (10.7 Certification) to operate radar/lidar. Finally, the officer must prepare all court cases as outlined in this manual. (10.8 Court Testimony, 10.9 Traffic Evidence Kit)
Step #4 – Get the Manufacture’s Manuals
Next you will want to obtain the manuals from the manufacturer for the speed measurement device used by the officer.
Sometimes a simple search on Google can locate these.
If not, you then may have to contact the manufacturer to purchase a copy and/or subpoena the manual through the courts from the police agency.
Take special note what the manufacturer’s recommendations are as far as:
Installation
Calibration
Use and Care of
Any training and certification that may be required
Recommended record keeping
Tuning fork care of the device and recommendations
Step #5 – Subpoena Records
image: http://tftppull.freethoughtllc.netdna-cdn.com/wp-content/uploads/2013/10/Subpoena-1.jpg
Subpoena (1)
Next, you will want to contact the court to find out the procedures in obtaining the following records from the police agency through a subpoena:
Officers training records
Officers disciplinary reports
Radar/Laser device maintenance records
Tuning fork calibration records (radar)
Officers certification records for the device
Annual calibration records for the device
Daily calibration records for the device
Step #6 – POST Records
All states have what is called Police Officer Standard Training (POST) regarding the certification and use of speed measurement devices.
Contact your state agency and request copies of these.
Step #7 – Preparing Your Defense
Now that you have all the information you need, it’s time to go through all these manuals, training records, and training guides to discredit the officer and the equipment he/she used to issue you your citation.
Here are some examples:
Was the Officer Properly Trained/Certified to Use the Equipment?
National Highway Traffic Safety Administration and case law requires that the officer issuing you the citation be properly trained and certified for the device he/she used to issue you your citation.
Once you receive his training records, check this, along with the operator manual for that particular radar/lidar gun to see if any updated training was required.
Was the Radar/Lidar Device Operated Properly?
One example we assisted in preparing a defense on was regarding an officer who targeted vehicles with his laser gun, aiming at their reflection in his side view mirror.
During the questioning of the officer, the defendant asked in what training guide and/or manual could the officer reference that this type of targeting was approved.
Because the officer could not provide this information, the case was dismissed.
When Was the Radar/Laser Gun Last Certified?
In 2004, a reporter from the Hartford Courant newspaper contacted us regarding a speeding ticket she received and asked for some tips.
The first thing I asked her to do was to check the calibration certification records on the radar gun the officer used to issue her the citation.
A few days later she called us back and related that the last certification was done over 4 years ago.
Did the Officer Properly Calibrate the Radar/Lidar Gun?
It is required that the officer perform a calibration check prior to and after issuing any citations during his/her shift as outlined in the manual for that particular make/model.
However, we have found that even if the officer may have performed this calibration test, they never documented it. This is how you can impeach an officer regarding his/her test.
One of the first things a police recruit is ever taught in training is to document EVERYTHING.
Thus, this calibration test should be documented by the officer either on the citation that was issued, in his personal notebook, on the logbook, or on the units calibration records.
Did the Officer Use the Correct Tuning Fork(s)?
Each tuning fork used for calibration is designed for a particular make/model of radar and/or laser gun and is serialized.
Check this serial number against the calibration records for that particular unit while also noting the last date of the calibration of the tuning fork(s).
Are There Any Cracks or Chips in the Tuning Fork?
A strategy we have shared with clients is to subpoena the tuning fork(s) used during the calibration and check them prior to the trial.
Because tuning forks are made from a light aluminum alloy, if dropped, small chips and/or cracks may form, which will impact the accuracy of the tuning fork.
If these chips and/or cracks are observed, then while the officer is on the stand, introduce these tuning forks into evidence asking if these were the ones used to calibrate the gun.
Once he/she does confirm this you can then introduce into evidence the facts on how this could impact the officer’s calibration test.
Was There a Shadow Error?
A Shadow Error occurs when the moving radar’s “Low Doppler” incorrectly locks onto a large metal object like an 18 wheeler in front of the patrol car and adds the speed differential to the opposite lane target vehicle’s speed.
Was There a VSS Error?
Low Doppler is used to determine the patrol vehicles speed. Shadowing has and is being eliminated by interfacing the police radar gun into the vehicle’s speed sensor. This is known as VSS or Vehicle Speed Sensor interface.
Now that the patrol car’s speed is obtained by the vehicle’s own speed sensor, the low Doppler signal from the police radar gun can be compared and accuracy is increased.
Was There a Cosine Error?
Cosine error is standard with both radar and laser guns. The greater the transmission angles of the gun to the target vehicle, the greater the error.
Who does the error favor?
Well if it was a stationary radar gun or a laser gun, the error is in YOUR FAVOR!
An example would be a stationary speed radar/lidar gun transmitting at a 10′ degree angle from the approaching target vehicle. The target vehicle’s actual speed is 60 mph, but the radar gun shows 59 mph.
However, if it is a moving radar, the consign angle could put you at a disadvantage.
Moving radar was developed so an officer could measure your speed while he is driving.
To do this, the moving radar has to capture the speed of his vehicle and the speed of your vehicle and then the internal computer displays both his speed and your speed on the display.
The speeds are computed accurately as long as the officer is within a ten-degree angle as you approach.
However, if your vehicle is at a greater angle than this, it’s anyone’s guess who has the edge.
Was the Officer’s Heater or Air Conditioner On?
In 2004, the Pennsylvania State Police purchased hundreds of new radar guns.
They were clocking rocks at 70 mph.
This is an example of mechanical interference as the police car’s heater/air conditioner fan was producing the erroneous speed-reading.
The fact remains; radar and laser guns still make mistakes.
If you successfully apply all the information in this article, you should have a very good chance of beating your next speeding ticket.
Need More Help and/or Advice From Radar Roy?
Since 1997 Radar Roy has helped thousands of people just like you beat their speeding tickets in court through his helpful guides and resources found on his website RadarBusters.com
In 1995, Radar Roy retired at the rank of Lieutenant from the Maricopa County Sheriff’s Office and then went on to teach you how to fight the system.
Read more at http://thefreethoughtproject.com/7-simple-steps-fighting-speeding-ticket-win/#qodzzecmWZmx5HgD.99
By Matt Agorist
7 Simple Steps from a Cop on How to Fight Every Speeding Ticket and Win: http://bit.ly/1MZqHOU
Do you want to discover the secrets on how to beat your speeding ticket in court?
25% of all Speeding Tickets Are Issued in Error!
It is estimated that in 2014 that there were over 41,000,000 speeding tickets issued in the USA and that over 25% of these were issued in error.
The most common errors include shadowing, RFI inference, cosine angle error, mechanical interference and devices that are out of calibration.
But out of these 41,000,000 speeding tickets only 5% challenged their citation in court.
And out of this 5% less than .05% beat their ticket or have it dismissed.
Why? Because they were not prepared!
The radar gun or lidar gun the police officer used to issue you your speeding ticket is a scientific instrument and because of this the officer must be certified and by law, must follow certain requirements.
So if you’re planning on fighting your ticket in court, we put together this guide to help disqualify the officer’s testimony and his/her equipment, so you have a better chance of winning your case.
Prepare Yourself Before You Ever Get Stopped
Before, during, and right after the stop are the most critical times to prepare your defense if you plan on fighting your speeding ticket.
image: http://tftppull.freethoughtllc.netdna-cdn.com/wp-content/uploads/2013/10/Speeding-Ticket.jpg
Speeding-Ticket
Because of this, it’s CRITICAL that you remember EVERYTHING that is happening around you and document it:
What was the traffic flow like
What signs are on the roadway
The condition of the roadway
Other witnesses
What is the weather like
As you’re doing this, look for a safe place to pull over for you and the police officer.
If you’re on the highway in busy traffic, put your flashers on, pull over to the right and consider exiting at the first exit.
The Approach
Once you’re pulled over and stopped STAY IN YOUR CAR!
Many police officer shootings occur as the officer is approaching a violator. Because of this, his/her stress levels are high, and he/she is watching everything you and the occupants of the car are doing.
DO NOT:
Reach into the glove box
Reach under your seat
DO
Keep your hands in plain sight
Your only job at this point is to reduce the officer’s stress level as much as possible.
The California Stop
One strategy to reduce the officer’s stress level is called the California Stop.
As the officer is exiting his car, roll down the driver’s side window.
If it is at night, turn on your interior lights
Then place your hands on the top of your steering wheel palms up, facing your face.
Doing this, the officer can immediately see that you’re not an immediate threat, and his stress level is reduced.
License, Registration, Insurance Card, any Weapons?
Now that the officer is standing next to your car one of the first things he is going to ask you is for your license, registration, insurance card and if you have any weapons in your possession.
If you do have any weapons, tell him where they are and follow his/her instructions and hopefully you’re properly licensed to possess them.
Do You Know Why I Stopped You?
Remember, everything you say or do will be documented by the officer so don’t admit anything, especially that you were not paying attention.
Just say “no officer, can you explain to me why you stopped me?”
Obey the Officer’s Requests
After the officer obtains the required documentation he may ask you to step out of your car or to remain in your car, just follow his commands.
Can I See Your Radar/Laser Gun?
If the officer says that he used a radar or laser gun, seem curious and ask the officer if you can see it and if he would be willing to explain to you how it works.
If the officer does allow you to see it, take a mental picture of the device, getting the manufacturer’s name and model number.
If he refuses to show you the gun, then just ask him if he could explain to you how it works.
The Citation
As some point, the officer is going to either have you sign the citation or just hand you a copy.
While he is still with you, review the citation to see if he documented the type of device he used to measure your speed.
If he didn’t ask him/her to put on the citation the type of device he/she used.
Documentation
Remember everything you do or say is being documented and possibly even being recorded by the officer.
It’s your job to do the same!
After the Stop
After the stop, find a safe place to pull over and write down EVERYTHING that happened. Then return to the area and snap photos of the area with a camera or your smartphone.
Get Ready for Your Case
Next it’s your job to get ready for your trial.
Step #1 – Know What the Officer Shot You With
To properly prepare your case, you first need to know what type of device the officer used to clock your speed.
image: http://tftppull.freethoughtllc.netdna-cdn.com/wp-content/uploads/2013/10/Police-Radar-Gun.jpg
Police-Radar-Gun
Police radar guns transmit microwave radio signals, and it this type of enforcement that accounts for most speeding citations.
Police lidar guns transmit a narrow beam of light in the near inferred light spectrum and they account for 20% of all traffic citations.
Other ways an officer can clock your speed are using a timing device such as a stopwatch or VASCAR, or following behind you clocking your speed using their speedometer.
Because of this, you need to know EXACTLY what the officer used to measure your speed.
Many jurisdictions will note on the citation what type of device was used and even the device’s serial number.
If this is not documented on your citation, then you may need to follow-up with a friendly telephone call to the agency or officer that issued you the citation and inquire.
Step #2 – Start by Downloading These Free NHTSA Guides
The National Highway Traffic Safety Administration is responsible for developing training programs responsive to the Uniform National Standards established by the Highway Safety Act of 1996.
Because of this, the NHTSA has published guidelines both police agencies and officers MUST follow when operating radar or laser.
As we will be referencing several portions of each of these guides in this article to help you build your case, we would recommend “googling” these titles and download these free PDFs now:
Speed-Measuring Device Performance Specification: Across-the-Road Radar Module
Lidar Speed Measuring Device Performance Specifications
Police Radar Instructor Training Course
Basic Training Program in Radar Speed Measurement
Step #3 – Have an Understanding of Case Law
Case Law Regarding the Use of Police Radar
If you were cited by an officer who used a police radar gun, your next step is to have a understanding of these most significant case laws pertaining to the use of radar in speed enforcement.
State of Florida v. Aquilera (1979)
This infamous case is known widely as the Miami Radar Trial. After a local television reporter showed a house clocked at 28 mph and a palm tree clocked at 86 mph, the story broke nationwide and radar was quickly shown to be less than accurate. In this case the Dade County Court sustained a motion to suppress the results of radar units in 80 speeding ticket cases.
The court’s opinion stated that the reliability of radar speed measuring devices as used in their present modes and particularly in some cases, has not been established beyond and to the exclusion of every reasonable doubt, nor has it met the test of reasonable scientific certainty.
United States v. Fields (1982)
District Court in Ohio ruled that it was not possible to establish from the radar results whether the defendant was traveling at 43 mph or whether the Speedgun 8 radar unit was measuring the rotation of the ventilation fan at the sewage pumping station next to the officer’s car.
The court also found that the officer was not qualified to operate the radar unit since he did not know the requirements for correct operation of the unit. In addition, the officer did not calibrate it before use, on that occasion.
Commonwealth of Kentucky v. Honeycutt (1966)
This case is a very common prosecution weapon against the 24 hours of classroom and 16 hours of field training requirement. In this case the court ruled that an officer should not be required to know the scientific principles of radar.
The court also ruled that the officer only needs to know how to properly set up, test and read the radar unit. As such, a few hours of instruction should be enough to qualify an officer to operate the radar unit.
State of Connecticut v. Tomanelli (1966)
In the case, which is the same year as the Honeycutt case, the Supreme Court of Connecticut ruled that “outside influences may affect the accuracy of the recording by a police radar set sufficient to raise a doubt as to the reliability of the speed recorded.”
The court also stated that tuning forks must be proved to be accurate to be accepted as valid tests of a radar unit. In order to establish the accuracy of the radar unit the operator must testify to the following:
That he made tuning fork tests before and after the defendant’s speed was recorded.
That the tests were made by activating 40, 60 and 80 mph tuning forks and by observing that the unit responded correctly in each case.
State of Minnesota v. Gerdes (1971)
The Supreme Court of Minnesota ruled that where the only means of testing the accuracy of a radar unit is an internal mechanism within the unit, and there is no other evidence of the motorist’s speed other than the radar reading, the conviction cannot be sustained.
The court also established the following conditions for proving the accuracy of the radar unit:
The officer must have adequate training and experience in the operation of the radar unit.
The officer must testify as to how the unit was set up and the conditions the unit was operated under.
it must be proven that the unit was operated with a minimum possibility of distortion from external interference.
The unit has to be tested with an external source, such as a tuning fork or an actual test run with another vehicle with an accurately calibrated speedometer.
People of New York v. Perlman (1977)
The Suffolk County District Court ruled that the radar device was not proved to be accurate since no external test had been performed before or after the arrest. This case is significant since it established the criteria of testing before and after a citation is issued.
State of Wisconsin v. Hanson (1978)
In this landmark case, the Supreme Court of Wisconsin set minimum conditions for the use of radar as evidence. Sufficient evidence to support a speeding conviction with moving radar will require testimony by a competent operating officer that:
He had adequate training and experience in radar operation
The radar unit was in proper working condition at the time of the arrest
The radar unit was used in an area where there was a minimum possibility of distortion
The input speed of the officer’s car was verified; the car’s speedometer was expertly tested within a reasonable period after the citation was issued
All testing was done without the radar unit’s own internal calibration device being used
State of Florida v. Allweiss (1980)
The Pinellas County Court ruled that the testing methods for radar equipment are legally insufficient. “The use of such a tuning fork furnished by the manufacturer in this court’s opinion is tantamount to allowing the machine to test itself.
A tuning fork furnished by the manufacturer is merely an extension and part of the total speed measuring apparatus.
Case Law Regarding the Use of Police Lidar
If an officer used a police lidar gun to cite you, then your next step is to have a basic understanding of these most significant case laws that pertain to the use of lidar in speed enforcement.
Admissibility of Motor Vehicle Speed Readings
714 A.2d 381, 391-92 (New Jersey Superior Court 1998)
The Superior Court of New Jersey ordered that admissibility to lidar is subject to the following rules:
Expert testimony is not required.
Officers must be properly trained in the use of lidar and that training must be documented.
The lidar must be tested according to procedures recommended by the manufacturer.
The court further ordered that the lidar be tested against a known speed.
Speed reading obtained by lidar are not affected by temperature, the degree of ambient light, or light to moderate rain. Readings shall not be accepted during heavy rainfall or while snow is falling.
Speed reading made at distances up to 1,000 feet are admissible. Readings obtained in excess of 1,000 feet shall be admitted only with supporting evidence and expert testimony
State of Hawaii v Abiye Assay
Once an officer has completed a course of instruction and certified to operate lidar – training is not done. Officers must understand (memorize) 11.2 Principles of Operation.
For example, during the known-distance test officers must testify that the lidar uses proven time-distance formulas (pulse principle) and the speed of light (universal constant) to determine the known distance. Since the lidar utilizes one microprocessor to calculate time-of-flight and thus confirms the correct pulse repetition frequency, the lidar can accurately determine speed.
Then officers must obtain, read, and understand the manufacturer’s operator’s manual (10.7 Certification) for the particular lidar used and follow the manufacturer-recommended procedures for testing. Officers must further test the lidar as outlined in 11.16 Testing the LIDAR:
Known Speed Test. All lidars must include a Technician Certification (10.7 & 11.16) every 3 years in accordance with manufacture’s specifications and NHTSA standards. (Note: New lidars come with a Technician Certification from the factory.)
Officers must successfully complete Visual Speed Estimations, Enclosure 13.2 and be prepared to present this information in a court of law. During operation officers must understand and follow a proper tracking history (11.4 Lidar Tracking History) and be prepared to testify as to visual observations and speed estimates prior to clocking with lidar.
Officers must understand all lidar effects (11.5Lidar Effects), including proper operation to avoid any of these effects. Officer must be currently certified (10.7 Certification) to operate radar/lidar. Finally, the officer must prepare all court cases as outlined in this manual. (10.8 Court Testimony, 10.9 Traffic Evidence Kit)
Step #4 – Get the Manufacture’s Manuals
Next you will want to obtain the manuals from the manufacturer for the speed measurement device used by the officer.
Sometimes a simple search on Google can locate these.
If not, you then may have to contact the manufacturer to purchase a copy and/or subpoena the manual through the courts from the police agency.
Take special note what the manufacturer’s recommendations are as far as:
Installation
Calibration
Use and Care of
Any training and certification that may be required
Recommended record keeping
Tuning fork care of the device and recommendations
Step #5 – Subpoena Records
image: http://tftppull.freethoughtllc.netdna-cdn.com/wp-content/uploads/2013/10/Subpoena-1.jpg
Subpoena (1)
Next, you will want to contact the court to find out the procedures in obtaining the following records from the police agency through a subpoena:
Officers training records
Officers disciplinary reports
Radar/Laser device maintenance records
Tuning fork calibration records (radar)
Officers certification records for the device
Annual calibration records for the device
Daily calibration records for the device
Step #6 – POST Records
All states have what is called Police Officer Standard Training (POST) regarding the certification and use of speed measurement devices.
Contact your state agency and request copies of these.
Step #7 – Preparing Your Defense
Now that you have all the information you need, it’s time to go through all these manuals, training records, and training guides to discredit the officer and the equipment he/she used to issue you your citation.
Here are some examples:
Was the Officer Properly Trained/Certified to Use the Equipment?
National Highway Traffic Safety Administration and case law requires that the officer issuing you the citation be properly trained and certified for the device he/she used to issue you your citation.
Once you receive his training records, check this, along with the operator manual for that particular radar/lidar gun to see if any updated training was required.
Was the Radar/Lidar Device Operated Properly?
One example we assisted in preparing a defense on was regarding an officer who targeted vehicles with his laser gun, aiming at their reflection in his side view mirror.
During the questioning of the officer, the defendant asked in what training guide and/or manual could the officer reference that this type of targeting was approved.
Because the officer could not provide this information, the case was dismissed.
When Was the Radar/Laser Gun Last Certified?
In 2004, a reporter from the Hartford Courant newspaper contacted us regarding a speeding ticket she received and asked for some tips.
The first thing I asked her to do was to check the calibration certification records on the radar gun the officer used to issue her the citation.
A few days later she called us back and related that the last certification was done over 4 years ago.
Did the Officer Properly Calibrate the Radar/Lidar Gun?
It is required that the officer perform a calibration check prior to and after issuing any citations during his/her shift as outlined in the manual for that particular make/model.
However, we have found that even if the officer may have performed this calibration test, they never documented it. This is how you can impeach an officer regarding his/her test.
One of the first things a police recruit is ever taught in training is to document EVERYTHING.
Thus, this calibration test should be documented by the officer either on the citation that was issued, in his personal notebook, on the logbook, or on the units calibration records.
Did the Officer Use the Correct Tuning Fork(s)?
Each tuning fork used for calibration is designed for a particular make/model of radar and/or laser gun and is serialized.
Check this serial number against the calibration records for that particular unit while also noting the last date of the calibration of the tuning fork(s).
Are There Any Cracks or Chips in the Tuning Fork?
A strategy we have shared with clients is to subpoena the tuning fork(s) used during the calibration and check them prior to the trial.
Because tuning forks are made from a light aluminum alloy, if dropped, small chips and/or cracks may form, which will impact the accuracy of the tuning fork.
If these chips and/or cracks are observed, then while the officer is on the stand, introduce these tuning forks into evidence asking if these were the ones used to calibrate the gun.
Once he/she does confirm this you can then introduce into evidence the facts on how this could impact the officer’s calibration test.
Was There a Shadow Error?
A Shadow Error occurs when the moving radar’s “Low Doppler” incorrectly locks onto a large metal object like an 18 wheeler in front of the patrol car and adds the speed differential to the opposite lane target vehicle’s speed.
Was There a VSS Error?
Low Doppler is used to determine the patrol vehicles speed. Shadowing has and is being eliminated by interfacing the police radar gun into the vehicle’s speed sensor. This is known as VSS or Vehicle Speed Sensor interface.
Now that the patrol car’s speed is obtained by the vehicle’s own speed sensor, the low Doppler signal from the police radar gun can be compared and accuracy is increased.
Was There a Cosine Error?
Cosine error is standard with both radar and laser guns. The greater the transmission angles of the gun to the target vehicle, the greater the error.
Who does the error favor?
Well if it was a stationary radar gun or a laser gun, the error is in YOUR FAVOR!
An example would be a stationary speed radar/lidar gun transmitting at a 10′ degree angle from the approaching target vehicle. The target vehicle’s actual speed is 60 mph, but the radar gun shows 59 mph.
However, if it is a moving radar, the consign angle could put you at a disadvantage.
Moving radar was developed so an officer could measure your speed while he is driving.
To do this, the moving radar has to capture the speed of his vehicle and the speed of your vehicle and then the internal computer displays both his speed and your speed on the display.
The speeds are computed accurately as long as the officer is within a ten-degree angle as you approach.
However, if your vehicle is at a greater angle than this, it’s anyone’s guess who has the edge.
Was the Officer’s Heater or Air Conditioner On?
In 2004, the Pennsylvania State Police purchased hundreds of new radar guns.
They were clocking rocks at 70 mph.
This is an example of mechanical interference as the police car’s heater/air conditioner fan was producing the erroneous speed-reading.
The fact remains; radar and laser guns still make mistakes.
If you successfully apply all the information in this article, you should have a very good chance of beating your next speeding ticket.
Need More Help and/or Advice From Radar Roy?
Since 1997 Radar Roy has helped thousands of people just like you beat their speeding tickets in court through his helpful guides and resources found on his website RadarBusters.com
In 1995, Radar Roy retired at the rank of Lieutenant from the Maricopa County Sheriff’s Office and then went on to teach you how to fight the system.
Read more at http://thefreethoughtproject.com/7-simple-steps-fighting-speeding-ticket-win/#qodzzecmWZmx5HgD.99
↧
What are 'Stingrays' and why are they controversial?
OFF THE WIRE
Nowadays, nearly everyone carries a cellphone. So what if your local law enforcement agency could follow the whereabouts of your cell phone, without ever issuing you a warning?
That's how radio frequency measurement equipment, also called 'Stingrays', have often been used by law enforcement agencies, including the Sacramento County Sheriff's Department. The devices are also called cell site simulators, digital analyzers, triggerfish or International Mobile Subscriber Identity (IMSI) catchers.
By mimicking cell phone towers, 'Stingrays' are able to capture a cellphone's location signals and identifying information.
In 2014, after filing numerous public records requests, ABC10 broke the story on law enforcement agencies in Northern California using the controversial devices during police investigations.
HOW LONG HAVE THEY BEEN USED IN NORTHERN CALIFORNIA?
The use of 'Stingrays' in our region dates as far back as 2007, according to a Criminal Investigation Division report from the Oakland Police Department. According to that report, an Oakland police task force made 21 arrests using the devices.
Other departments ABC10 identified as using the devices include the Sacramento County Sheriff's Department, San Jose Police Department, San Francisco Police Department, Alameda County District Attorney's Office and Fremont Police.
But the devices are also used by agencies across the country.
The American Civil Liberties Union identifies 54 agencies in 21 states and the District of Columbia that are using the technology in providing public safety.
ARE 'STINGRAYS' LEGAL UNDER FEDERAL LAW?
Civil liberties groups have cried foul on the use of these devices, which are able to track cell phones inside private homes and also collect identifying information from a large number of bystanders' phones. All without the issuance of a search warrant.
But the federal government does stand by law enforcement's legal use of these devices. Though only recently were rules put into place for how agencies may use them.
Earlier this month, the United State Department of Justice released its first set of guidelines for using 'Stingrays.'
It's now required under federal law that agencies attain a search warrant supported by probable cause before they may use a 'Stingray' in their investigation. The guidelines clarify that simulators may not collect data contained in the phone (such as emails, texts, contacts lists and images) during the course of criminal investigations.
The guidelines also state all data collected by a 'Stingray' "must be deleted as soon as that device is located, and no less than once daily."
“The Department of Justice's new policy on cell-site simulators, or 'Stingrays,' is a welcome first step and will help bring an invasive surveillance technology closer to our constitutional privacy standards," California Congressman Ted Lieu, (D-Torrance), who sits on the Committee on Oversight and Government Reform, said in a press release after the new guidelines were announced.
Rep. Lieu added he would ask the House Oversight and Government Reform Committee to examine this issue.
HOW ARE LOCAL AGENCIES RESPONDING TO THE NEW GUIDELINES?
Tuesday, the Sacramento County Sheriff's Department held a press conference to clarify the department's use of 'Stingrays.'
But ABC10's investigative reporter Thom Jensen, who broke the story on the department's use of the simulators, was bared from entering the event.
Nowadays, nearly everyone carries a cellphone. So what if your local law enforcement agency could follow the whereabouts of your cell phone, without ever issuing you a warning?
That's how radio frequency measurement equipment, also called 'Stingrays', have often been used by law enforcement agencies, including the Sacramento County Sheriff's Department. The devices are also called cell site simulators, digital analyzers, triggerfish or International Mobile Subscriber Identity (IMSI) catchers.
By mimicking cell phone towers, 'Stingrays' are able to capture a cellphone's location signals and identifying information.
HOW LONG HAVE THEY BEEN USED IN NORTHERN CALIFORNIA?
The use of 'Stingrays' in our region dates as far back as 2007, according to a Criminal Investigation Division report from the Oakland Police Department. According to that report, an Oakland police task force made 21 arrests using the devices.
Other departments ABC10 identified as using the devices include the Sacramento County Sheriff's Department, San Jose Police Department, San Francisco Police Department, Alameda County District Attorney's Office and Fremont Police.
But the devices are also used by agencies across the country.
The American Civil Liberties Union identifies 54 agencies in 21 states and the District of Columbia that are using the technology in providing public safety.
ARE 'STINGRAYS' LEGAL UNDER FEDERAL LAW?
Civil liberties groups have cried foul on the use of these devices, which are able to track cell phones inside private homes and also collect identifying information from a large number of bystanders' phones. All without the issuance of a search warrant.
But the federal government does stand by law enforcement's legal use of these devices. Though only recently were rules put into place for how agencies may use them.
Earlier this month, the United State Department of Justice released its first set of guidelines for using 'Stingrays.'
It's now required under federal law that agencies attain a search warrant supported by probable cause before they may use a 'Stingray' in their investigation. The guidelines clarify that simulators may not collect data contained in the phone (such as emails, texts, contacts lists and images) during the course of criminal investigations.
The guidelines also state all data collected by a 'Stingray' "must be deleted as soon as that device is located, and no less than once daily."
“The Department of Justice's new policy on cell-site simulators, or 'Stingrays,' is a welcome first step and will help bring an invasive surveillance technology closer to our constitutional privacy standards," California Congressman Ted Lieu, (D-Torrance), who sits on the Committee on Oversight and Government Reform, said in a press release after the new guidelines were announced.
Rep. Lieu added he would ask the House Oversight and Government Reform Committee to examine this issue.
HOW ARE LOCAL AGENCIES RESPONDING TO THE NEW GUIDELINES?
Tuesday, the Sacramento County Sheriff's Department held a press conference to clarify the department's use of 'Stingrays.'
But ABC10's investigative reporter Thom Jensen, who broke the story on the department's use of the simulators, was bared from entering the event.
↧
The Motorcycle Gang Intelligence Expert
OFF THE WIRE
agingrebel.com
“My name is Jeremy Sheetz,” the short, dark haired man in the grey suit says. “I’m an Intel Operations Specialist with the ATF. I’ve been with the ATF since 2003. Since 2006 I’ve been working bikers.” Sheetz wears a dark blue shirt for maximum gangster effect. His receding hair is combed straight back and he wears Satan’s beard.
“Basically right now I support a lot of cases. Doing a lot of teaching. I’m very fortunate. I get to travel. I work a lot of runs like Sturgis every year. The Hells Angels USA Run. Bandidos USA Run. I just came back from Australia. We were assisting them in how to work long term investigations, how to change their laws. So that’s just some of the things I do.”
It is a startlingly frank admission about the way the Global War on Terror has metamorphosed into a Global War on Motorcycle Clubs. Seconds after seizing the podium Sheetz brags that the American Bureau of Alcohol, Tobacco, Firearms and Explosives is authoring laws in Australia designed to make life harder for motorcyclists.
Then he abruptly announces, “I’m not going to talk about Waco.” He says it in a way that implies that he knows a great deal about Waco but that he cannot share what he knows even to his audience of trustworthy policemen, who are about to be privy to secrets the press and other ordinary people are not important enough to know. The Waco secrets are too important. Careers may be at risk.
Sheetz is the senior motorcycle gang intelligence analyst for the ATF. He is the author of an annual report called OMGs and the Military. After the Twin Peaks Massacre in Waco last May 17, portions of the July 2014 version of the report were reprinted by numerous mainstream publications. On May 22, for example, The Huffington Post ran a “first look” story about Sheetz report under the headline “Exclusive: Leaked Report Profiles Military, Police Members Of Outlaw Motorcycle Gangs.”
Sheetz lecture is glib and fatuous. His syntax is a mélange of Mickey Spillane and Tonto. And, his message is that biker violence is about to be a major problem in the Carolinas. Whether the Carolinas know it or not.
The ATF intelligence analyst tells the North Carolina audience about what he believes to be the growing “problem” of “Outlaws expansion in Connecticut, Rhode Island and Massachusetts. On August 18, 2014 he lectures, two Outlaws attacked three Phantom Lords. On November 1, “approximately” five Hells Angels attacked an Outlaw with bats and brass knuckles at an Outlaw clubhouse. On November 13, an Outlaw’s motorcycle was “torched” in front of an Outlaw clubhouse. On December 3, a vehicle belonging to a former Outlaws spouse was set on fire.”
“I’m gonna give you a full review of what’s going on in the United States,” he promises
Most of it is inflammatory. “This is what is coming to North Carolina.” He plays a surveillance video. “This is outside a Pagans tattoo studio in Long Island. This is a Pagan named Road Block, a Pagans Sergeant at Arms, being assaulted by three Hells Angels and a group of Demon Knights. Road Block walks outside and goes, ‘Oh shit.’ The Pagans inside the tattoo parlor lock the door and leave Road Block on his own. “Inside the tattoo parlor is a guy named J.R.,” Sheetz tells the crowd of cops something they want to hear. “J.R. was the chapter president of Long Island at the time. And he’s basically, a big sissy.”
“The ironic thing about this situation is that at the time we had an ATF undercover as a hang around for this chapter. Because of some internal conflicts within the Pagans, they told him to go home that weekend instead of being in the tattoo parlor. So this was not only an ‘oh shit’ moment for the Pagans but it was also an ‘oh shit’ moment for the ATF. Because what are you gonna do if you have an ATF cover on that scene? None of these guys was ever, ever charged.”
“My job as the Intel operations specialist is to make sure that my ATF undercovers, or the informers and the case agents have everything they need when they do one of these cases. When you work one of these cases they don’t go by the name John Smith. They go by monikers. So you gotta know their monikers. They don’t always live at the house that’s in Lexus Nexus. A lot of their bikes, their cars are registered in their females’ names. Old lady’s names. Sometimes other dudes names. This is what you have to be cognizant of. This is what we think about. We think about clubs like the Hells Angels, the Pagans, the Outlaws.”
He proceeds to demonize club members. He shows a slide of “a food drive that takes part every year in Virginia Beach, The first Saturday of the month. The media’s out there. The radio stations are out there. They meet at Pembroke Mall. All biker clubs to include the African-American biker clubs, the multi-racial, the expanded associational, it doesn’t matter. They show up. They donate food. They drive the food to the food bank…. But this is not what they really are. This is not them. This is the outside. This is what they want you to see. But when you work these guys you see this is all smoke and mirrors. It’s all bullshit.”
He talks about the then mayor of Batesville, Indiana. “The Mayor of Batesville, while he was the mayor, was also a member of the Klan. After he left that, he became a member of the Invaders. This is him now. He’s now the chapter president of the Indiana Nomads.” Nine days after the conference in North Carolina, a man named Rick Fledderman who was Mayor of Batesville, Indiana resigned his office after he was charged with patronizing a prostitute.
“But I’ll show you how that is changing because they are basically running out of people to bring on as prospects because there are so many clubs. So a lot of these clubs that used to be dominant white are now bringing on Hispanic gang members. The guys who look African-American. They’re really Dominican or Puerto Rican.”
“The farther north the Bandidos go,” he says, “the whiter and fatter they get. The farther east the Mongols go, the fatter and whiter they get.”
“Okay, what’s a one percenter? Any group of motorcyclists who have made a voluntary commitment to band together to abide by their organization’s rules, basically bylaws, enforced by violence, it’s all about violence, to engage in activities that bring them and their club into repeated conflicts.”
The real problem, he seems to argue, is that the “white ideology” of motorcycle clubs is so appealing that it is spreading out of control. “There’s so many clubs, they’re running out of room.”
Sheetz explains how the ATF, FBI, the State Department and the Department of Homeland Security all work together to make life hard for motorcycle club members. “So at the same time,” Sheetz begins, “the Attorney General’s Office did this, the Hells Angels World Run which occurs every five years in the United States, was going on in Laconia, New Hampshire. So Customs and Border Patrol and the State Department said, ‘We’re gonna come in and we’re gonna say you’re a foreign member, we’re gonna put you on a list. And when you come to the airport, you can’t enter the United States.’”
“Now myself, my couple of guys, said ‘This is bullshit.’ Why is it bullshit? Because what they’re saying is you have a propensity to come into the United States to commit a crime. But there was never a precedent set. But they did it anyway. So at the time, the Hells Angels said this is bullshit. So when we were working the World Run at Laconia, there wasn’t many members from Brazil or England. They would get to the airport and they’d say, ‘Oh! You gotta go back. CBP and the State Department won’t allow you to come in.’ Some guys even flew into Boston or New York. They turned them around. They turned around their families, wives, kids, So now you’re kinda stretching the envelope a little bit.”
One of the women eventually “turned around” under this policy was Izzy Wildheart. Wildheart advocates for incarcerated Hells Angels on a website called “Big House Crew.” The site also advocates for non-Hells Angels who Wildheart thinks have been treated unfairly and in 2009 she was awarded The President’s Volunteer Service Award by Barack Obama. The award stated, “Your volunteer service demonstrates the kind of commitment…that moves America a step closer to its great promise.”
In July 2012 Wildheart was denied entry into the United States because she talks sympathetically about Hells Angels and because she is married to a Hells Angel. In 2012, she told The Aging Rebel, “I was due to fly to New York state to visit a friend of mine who is married to a Native American for her daughter’s graduation party,” she said. “I had been granted an ESTA, a kind of Visa waiver. I was met at Heathrow by Homeland Security who after a lot of fucking around, calling Washington’s Homeland Security who informed Heathrow my case needed to be dealt with here in London or I would be detained in New York. I am now officially under the Terrorist Act and Criminal Organization Act and banned from setting foot in the good old US of A for life, due to my association with the club. My mother is an American citizen, I have three sisters and a brother who live in the States and I have no criminal record, but ‘the doors are firmly shut’ to me.”
“The thing that’s ironic is the Hells Angels were gonna sue,” Sheets rambles on. In fact, in April 2012 the Hells Angels Motorcycle Corporation of Westlake Village, California actually did file suit against Janet Napolitano, The Secretary of the Department of Homeland Security, Secretary of State Hillary Rodham Clinton and Alejandro Mayorkas who is the Director of U.S. Citizenship and Immigration Services. The suit disputed the official policy that declared “the Hells Angels, the Outlaws, Bandidos, and the Mongols” to be organized crime groups. That policy also asserts “that these groups operated as permanent organized criminal societies. Active membership in these groups could reasonably be considered to involve a permanent association with criminal activities….”
Sheetz is hazy on the details. “So they’re gonna sue the United States government for not letting their core members come in and they’re saying there’s a propensity to come into the United States and commit a violent act. Even though there’s no precedent ever set. So on that list…So on that list at the time they put down the Hells Angels. But in 2013 they updated that list. They put the Bandidos, the Vagos, the Mongols and the Pagans. There was a problem there. The Pagans aren’t international so nobody from international is flying into America. And then they forgot to put on the Outlaws. Oops! To this day the Pagans are still on the list and the Outlaws are not on the list but we’re trying to get that changed. But anybody who works for a government knows it takes a long time to get things done.”
“If you’re a member of the Hells Angels and you plead into that gang enhancement you’re done. Automatically kicked out. They just had it happen in Arizona. A guy pled to the gang. They kicked him out immediately. Good member. He’d been a member about four years. He pled to it. He assaulted a guy. He pled to the gang. Booted the very next day. You go to places like Arizona, California, Minnesota – Minnesota’s now getting it, Georgia’s working on it, Nevada, Virginia, Virginia’s gonna copy exactly what Arizona’s done. Take what they’ve done. Change your state’s name.”
Sheetz talks about the limits of ATF’s intelligence gathering. “We don’t know much about the Pagans because they don’t do much electronically. Basically, they use FAX machines. They’re outdated.”
“The Outlaws, we don’t have anybody right now who can tell us what’s going on, on the inside.”
Sheetz gives the budding gang experts his take on the government’s attempts to seize the Mongols Motorcycle Club’s insignia. “We thought this year in May it was done…. If they go through seizing these colors, a message is going to be sent, These colors are property of the United States government…. I can honestly tell you, after this is over ATF isn’t going after another set of colors. It takes so long. It was manpower intensive. And we just don’t have the manpower or the money.”
“March 22 2014, On that day in San Bernardino, the Vagos had a mandatory run. The Hells Angels had a West Coast officers’ meeting. And, the Mongols had a mandatory run. So you knew something was gonna happen. So four Hells Angels and five hang arounds were coming off an exit ramp and they saw approximately about 55 Mongols. These guys try to run the Mongols off the road. That doesn’t work. Next thing you know on the side of the road these guys are in a knife fight. Two Hells Angels got stabbed really bad. Five mile backup on the road.
“So right after that. Raleigh, North Carolina. We have never seen a Hells Angels support club, basically drop their colors and go to an adversary. Guess what happened in Raleigh? They were sick of being the bitches. They basically said to the Hells Angels, ‘Hey.’ Conversation with the Mongols. Several of them patched over. And they see each other a couple of days later. Incident occurs in a bar. Hells Angel gets the bad end of that stick, Gets beat down. But you now have an incident in North Carolina between the Hells Angels and the Mongols.
“Meanwhile across the country. Reno, Nevada. Noon on a Sunday. Bunch of Hells Angels are in a bar. ‘Cause we all drink at noon on Sundays. Bunch of Mongols roll by. Shots are fired. Nobody’s hit. Nobody’s prosecuted. Nobody’s even charged. But this shit’s starting to really heat up now.
“September 20. Corona, California. Bunch of Mongols are leaving to go to a party. They ride up the Highway. Three members and three hang arounds. Bunch of Hells Angels pull up. Pull off on an exit ramp. As they make a right the Hells Angels make a right. And a shooting occurs. The guy in the back, who was just discharged from the United States Navy, is blown off his bike.
“Now the good thing about Southern California is John Ciccone and Darrin Kozlowski have an OMG task force. About 35 different guys and they have been doing this for so long. So do to intelligence, they heard the Mongols were gonna retaliate. And these guys who are talking aren’t just like shitheads. These guys are former Sureno gang members that have moved up the ranks and now they are Mongols. They are heavy hitters. So they found out, you know what. We’re gonna retaliate against the Hells Angels.
“So October 27, John Ciccone’s task force gets a search warrant, uh…eight on that day. Retribution for shooting that hang around off the back of his bike. So they go to do a search warrant at a guy’s house. Named David Martinez. Violent, violent Mongol. As the TAC team gets ready. Officer gets hit in the back. Shot and killed. So eventually they get in the house. They find a shotgun. But his defense was. I didn’t shoot him. He was shot by somebody in his TAC team. But nobody in the TAC team had a shotgun. And then he said, well, they didn’t announce themselves. It was all on video. So the bad thing about this is this is a horrendous thing. You never want to see someone shot. Never ever.
“So now we fast forward to February, Arizona. Because these guys are international. They’re all across the United States. This is Patrick Eberhardt. Cave Creek member which is a suburb of Phoenix. His father is the West Coast Treasurer. Cave Creek Chapter president. This little kid is basically driving around. He sees a pack of Hells Angels and he thinks he knows them. So his best friend, who is not a Hells Angel, sees the Hells Angels and they make a quick U-turn and they ride right up to a traffic light. He looks to the right. He looks to the left and he drops off the bike. And that’s all you see. That’s what the witnesses said.
“Do we think the Mongols did it? Sure. I talk to the detective probably two, three times a week. Great guy. Works Hells Angels. Works Mongols. He works a lot of clubs. He knows they did it. We all know they did it. We just don’t think there’s enough evidence right now to bring any charges.”
Most of what Sheetz claims is twisted. He starts with ideas and sees what he wants to see – what will prove what he sees in his head. He is obviously neither bright nor insightful or even particularly well informed. But he is paid to have opinions. That’s what “intelligence” means, really. A collection of opinions. Then he tells them to the world. And the world believes.
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agingrebel.com
“My name is Jeremy Sheetz,” the short, dark haired man in the grey suit says. “I’m an Intel Operations Specialist with the ATF. I’ve been with the ATF since 2003. Since 2006 I’ve been working bikers.” Sheetz wears a dark blue shirt for maximum gangster effect. His receding hair is combed straight back and he wears Satan’s beard.
“Basically right now I support a lot of cases. Doing a lot of teaching. I’m very fortunate. I get to travel. I work a lot of runs like Sturgis every year. The Hells Angels USA Run. Bandidos USA Run. I just came back from Australia. We were assisting them in how to work long term investigations, how to change their laws. So that’s just some of the things I do.”
It is a startlingly frank admission about the way the Global War on Terror has metamorphosed into a Global War on Motorcycle Clubs. Seconds after seizing the podium Sheetz brags that the American Bureau of Alcohol, Tobacco, Firearms and Explosives is authoring laws in Australia designed to make life harder for motorcyclists.
Then he abruptly announces, “I’m not going to talk about Waco.” He says it in a way that implies that he knows a great deal about Waco but that he cannot share what he knows even to his audience of trustworthy policemen, who are about to be privy to secrets the press and other ordinary people are not important enough to know. The Waco secrets are too important. Careers may be at risk.
Exclusive Leaked
Sheetz craves celebrity which is one of the reasons he is speaking at the Gangs Across the Carolinas Conference at the Pinehurst Resort in North Carolina on August 13. The event is sponsored by the North Carolina Gang Investigators Association. Only sworn law enforcement officers are allowed to attend.Sheetz is the senior motorcycle gang intelligence analyst for the ATF. He is the author of an annual report called OMGs and the Military. After the Twin Peaks Massacre in Waco last May 17, portions of the July 2014 version of the report were reprinted by numerous mainstream publications. On May 22, for example, The Huffington Post ran a “first look” story about Sheetz report under the headline “Exclusive: Leaked Report Profiles Military, Police Members Of Outlaw Motorcycle Gangs.”
Sheetz lecture is glib and fatuous. His syntax is a mélange of Mickey Spillane and Tonto. And, his message is that biker violence is about to be a major problem in the Carolinas. Whether the Carolinas know it or not.
Cops Believe
A proof of Sheetz wide influence occurred last Saturday when three Outlaws were arrested in Rhode Island – basically for the crime of driving through the Providence Plantations. They were blatantly targeted arrests based on Sheetz’ intelligence reports. The day after those arrests, a Rhode Island State Police Major named Joseph Philbin told a Providence television: “The Outlaws are one the of biggest motorcycle clubs or gangs in the country, and the fact that they are establishing a presence in Rhode Island is alarming to us because sometimes they can bring forth some violence and criminal activity.” “New England is considered to belong to the Hells Angels.” “The Hells Angels have had a presence in Rhode Island as long as I’ve been on the state police, the last 20 to 25 years. So the fact that the Outlaws are trying to maintain or create a presence here could create a problem.” Philbin learned what he thinks he knows from Sheetz. The words and ideas are Sheetz.The ATF intelligence analyst tells the North Carolina audience about what he believes to be the growing “problem” of “Outlaws expansion in Connecticut, Rhode Island and Massachusetts. On August 18, 2014 he lectures, two Outlaws attacked three Phantom Lords. On November 1, “approximately” five Hells Angels attacked an Outlaw with bats and brass knuckles at an Outlaw clubhouse. On November 13, an Outlaw’s motorcycle was “torched” in front of an Outlaw clubhouse. On December 3, a vehicle belonging to a former Outlaws spouse was set on fire.”
“I’m gonna give you a full review of what’s going on in the United States,” he promises
Inflammatory Junk
Much of his presentation is a tempest of junk statistics and arbitrary assertions. “Thirty-eight percent of all Hells Angels in the United States are felons.” “Of the 300 plus OMGs that are entrenched in the USA, the Hells Angels, Pagans, Outlaws, Vagos and Bandidos are characterized as part of the Big Five.” Most of it is in self-important official speak. “Over a 24-month period ending January 1, 2012, 284 total acts of violence related incidents have been reported.” Some of it is soporific. “Between 2012 and 2014 the Pagans, HAMC, Outlaws, Bandidos, SOS, Mongols and Vagos are considered the Dominant seven. Together they committed 260 violent acts.”Most of it is inflammatory. “This is what is coming to North Carolina.” He plays a surveillance video. “This is outside a Pagans tattoo studio in Long Island. This is a Pagan named Road Block, a Pagans Sergeant at Arms, being assaulted by three Hells Angels and a group of Demon Knights. Road Block walks outside and goes, ‘Oh shit.’ The Pagans inside the tattoo parlor lock the door and leave Road Block on his own. “Inside the tattoo parlor is a guy named J.R.,” Sheetz tells the crowd of cops something they want to hear. “J.R. was the chapter president of Long Island at the time. And he’s basically, a big sissy.”
“The ironic thing about this situation is that at the time we had an ATF undercover as a hang around for this chapter. Because of some internal conflicts within the Pagans, they told him to go home that weekend instead of being in the tattoo parlor. So this was not only an ‘oh shit’ moment for the Pagans but it was also an ‘oh shit’ moment for the ATF. Because what are you gonna do if you have an ATF cover on that scene? None of these guys was ever, ever charged.”
Inside Knowledge
“We know who these guys are,” Sheetz brags. “We stand right in front of them. We take their photos. I write the OMG Military report. I get fuck yous all the time. I put my phone number right in there. They call. They just don’t like us. That’s good. That means we’re doing our jobs. We’re putting them in jail. And, that’s what our job is to do.”“My job as the Intel operations specialist is to make sure that my ATF undercovers, or the informers and the case agents have everything they need when they do one of these cases. When you work one of these cases they don’t go by the name John Smith. They go by monikers. So you gotta know their monikers. They don’t always live at the house that’s in Lexus Nexus. A lot of their bikes, their cars are registered in their females’ names. Old lady’s names. Sometimes other dudes names. This is what you have to be cognizant of. This is what we think about. We think about clubs like the Hells Angels, the Pagans, the Outlaws.”
He proceeds to demonize club members. He shows a slide of “a food drive that takes part every year in Virginia Beach, The first Saturday of the month. The media’s out there. The radio stations are out there. They meet at Pembroke Mall. All biker clubs to include the African-American biker clubs, the multi-racial, the expanded associational, it doesn’t matter. They show up. They donate food. They drive the food to the food bank…. But this is not what they really are. This is not them. This is the outside. This is what they want you to see. But when you work these guys you see this is all smoke and mirrors. It’s all bullshit.”
He talks about the then mayor of Batesville, Indiana. “The Mayor of Batesville, while he was the mayor, was also a member of the Klan. After he left that, he became a member of the Invaders. This is him now. He’s now the chapter president of the Indiana Nomads.” Nine days after the conference in North Carolina, a man named Rick Fledderman who was Mayor of Batesville, Indiana resigned his office after he was charged with patronizing a prostitute.
White Ideology
Sheetz, who comes across as a cubicle tough guy, describes motorcycle clubs as “a white ideology.”“But I’ll show you how that is changing because they are basically running out of people to bring on as prospects because there are so many clubs. So a lot of these clubs that used to be dominant white are now bringing on Hispanic gang members. The guys who look African-American. They’re really Dominican or Puerto Rican.”
“The farther north the Bandidos go,” he says, “the whiter and fatter they get. The farther east the Mongols go, the fatter and whiter they get.”
“Okay, what’s a one percenter? Any group of motorcyclists who have made a voluntary commitment to band together to abide by their organization’s rules, basically bylaws, enforced by violence, it’s all about violence, to engage in activities that bring them and their club into repeated conflicts.”
The real problem, he seems to argue, is that the “white ideology” of motorcycle clubs is so appealing that it is spreading out of control. “There’s so many clubs, they’re running out of room.”
Bureaucratic Ideology
Sheetz touches on the increasing federalization of all law enforcement in the United States. “Everybody looks at ATF and they say, ‘Hey DOJ, FBI? You guys classify these guys as a gang?’ Nope. The states do. But what we did do in 2010 is we put them on this high priority, organized crime list. Top organized crime list. And as you can see La Cosa Nostra is at the top. At the time, the Hells Angels were number seven, which is pretty good. So basically, if you were to start a Hells Angels investigation and you work with FBI or ATF or DEA, they want you to call the Attorney General’s Office and say, ‘Hey, we got a case going and we want to make sure we don’t have a blue on blue situation.’ That occurs still to this day. Because there are a lot of other things that have to do with like DEA so you need to run it through the Fusion Center, That way you’re not have any kind of conflict with another case.”Sheetz explains how the ATF, FBI, the State Department and the Department of Homeland Security all work together to make life hard for motorcycle club members. “So at the same time,” Sheetz begins, “the Attorney General’s Office did this, the Hells Angels World Run which occurs every five years in the United States, was going on in Laconia, New Hampshire. So Customs and Border Patrol and the State Department said, ‘We’re gonna come in and we’re gonna say you’re a foreign member, we’re gonna put you on a list. And when you come to the airport, you can’t enter the United States.’”
“Now myself, my couple of guys, said ‘This is bullshit.’ Why is it bullshit? Because what they’re saying is you have a propensity to come into the United States to commit a crime. But there was never a precedent set. But they did it anyway. So at the time, the Hells Angels said this is bullshit. So when we were working the World Run at Laconia, there wasn’t many members from Brazil or England. They would get to the airport and they’d say, ‘Oh! You gotta go back. CBP and the State Department won’t allow you to come in.’ Some guys even flew into Boston or New York. They turned them around. They turned around their families, wives, kids, So now you’re kinda stretching the envelope a little bit.”
One of the women eventually “turned around” under this policy was Izzy Wildheart. Wildheart advocates for incarcerated Hells Angels on a website called “Big House Crew.” The site also advocates for non-Hells Angels who Wildheart thinks have been treated unfairly and in 2009 she was awarded The President’s Volunteer Service Award by Barack Obama. The award stated, “Your volunteer service demonstrates the kind of commitment…that moves America a step closer to its great promise.”
In July 2012 Wildheart was denied entry into the United States because she talks sympathetically about Hells Angels and because she is married to a Hells Angel. In 2012, she told The Aging Rebel, “I was due to fly to New York state to visit a friend of mine who is married to a Native American for her daughter’s graduation party,” she said. “I had been granted an ESTA, a kind of Visa waiver. I was met at Heathrow by Homeland Security who after a lot of fucking around, calling Washington’s Homeland Security who informed Heathrow my case needed to be dealt with here in London or I would be detained in New York. I am now officially under the Terrorist Act and Criminal Organization Act and banned from setting foot in the good old US of A for life, due to my association with the club. My mother is an American citizen, I have three sisters and a brother who live in the States and I have no criminal record, but ‘the doors are firmly shut’ to me.”
“The thing that’s ironic is the Hells Angels were gonna sue,” Sheets rambles on. In fact, in April 2012 the Hells Angels Motorcycle Corporation of Westlake Village, California actually did file suit against Janet Napolitano, The Secretary of the Department of Homeland Security, Secretary of State Hillary Rodham Clinton and Alejandro Mayorkas who is the Director of U.S. Citizenship and Immigration Services. The suit disputed the official policy that declared “the Hells Angels, the Outlaws, Bandidos, and the Mongols” to be organized crime groups. That policy also asserts “that these groups operated as permanent organized criminal societies. Active membership in these groups could reasonably be considered to involve a permanent association with criminal activities….”
Sheetz is hazy on the details. “So they’re gonna sue the United States government for not letting their core members come in and they’re saying there’s a propensity to come into the United States and commit a violent act. Even though there’s no precedent ever set. So on that list…So on that list at the time they put down the Hells Angels. But in 2013 they updated that list. They put the Bandidos, the Vagos, the Mongols and the Pagans. There was a problem there. The Pagans aren’t international so nobody from international is flying into America. And then they forgot to put on the Outlaws. Oops! To this day the Pagans are still on the list and the Outlaws are not on the list but we’re trying to get that changed. But anybody who works for a government knows it takes a long time to get things done.”
Gang Enhancement Laws
Throughout his presentation, Sheetz urges the cops in the room to lobby for gang enhancement laws. “States do have gang enhancement laws. Even places like California. The last time I looked there were like 50 members of the Vagos, Hells Angels, Mongols and other smaller clubs who have been charged with a gang enhancement. So if you commit a burglary, an assault or maim somebody and there’s three or more guys, they can slap a gang enhancement charge on you as well as whatever you’re being charged with – burglary or assault. And you can get one to 15 years added onto your sentence.”“If you’re a member of the Hells Angels and you plead into that gang enhancement you’re done. Automatically kicked out. They just had it happen in Arizona. A guy pled to the gang. They kicked him out immediately. Good member. He’d been a member about four years. He pled to it. He assaulted a guy. He pled to the gang. Booted the very next day. You go to places like Arizona, California, Minnesota – Minnesota’s now getting it, Georgia’s working on it, Nevada, Virginia, Virginia’s gonna copy exactly what Arizona’s done. Take what they’ve done. Change your state’s name.”
Sheetz talks about the limits of ATF’s intelligence gathering. “We don’t know much about the Pagans because they don’t do much electronically. Basically, they use FAX machines. They’re outdated.”
“The Outlaws, we don’t have anybody right now who can tell us what’s going on, on the inside.”
Sheetz gives the budding gang experts his take on the government’s attempts to seize the Mongols Motorcycle Club’s insignia. “We thought this year in May it was done…. If they go through seizing these colors, a message is going to be sent, These colors are property of the United States government…. I can honestly tell you, after this is over ATF isn’t going after another set of colors. It takes so long. It was manpower intensive. And we just don’t have the manpower or the money.”
Mongols And Angels
“Shit’s gonna occur,” Sheetz warns his spell bound audience and then he spills out the official government narrative of events involving the Mongols and the Hells Angels in the Southwest over the last 18 months. It is intended as a warning for North Carolina.“March 22 2014, On that day in San Bernardino, the Vagos had a mandatory run. The Hells Angels had a West Coast officers’ meeting. And, the Mongols had a mandatory run. So you knew something was gonna happen. So four Hells Angels and five hang arounds were coming off an exit ramp and they saw approximately about 55 Mongols. These guys try to run the Mongols off the road. That doesn’t work. Next thing you know on the side of the road these guys are in a knife fight. Two Hells Angels got stabbed really bad. Five mile backup on the road.
“So right after that. Raleigh, North Carolina. We have never seen a Hells Angels support club, basically drop their colors and go to an adversary. Guess what happened in Raleigh? They were sick of being the bitches. They basically said to the Hells Angels, ‘Hey.’ Conversation with the Mongols. Several of them patched over. And they see each other a couple of days later. Incident occurs in a bar. Hells Angel gets the bad end of that stick, Gets beat down. But you now have an incident in North Carolina between the Hells Angels and the Mongols.
“Meanwhile across the country. Reno, Nevada. Noon on a Sunday. Bunch of Hells Angels are in a bar. ‘Cause we all drink at noon on Sundays. Bunch of Mongols roll by. Shots are fired. Nobody’s hit. Nobody’s prosecuted. Nobody’s even charged. But this shit’s starting to really heat up now.
“September 20. Corona, California. Bunch of Mongols are leaving to go to a party. They ride up the Highway. Three members and three hang arounds. Bunch of Hells Angels pull up. Pull off on an exit ramp. As they make a right the Hells Angels make a right. And a shooting occurs. The guy in the back, who was just discharged from the United States Navy, is blown off his bike.
“Now the good thing about Southern California is John Ciccone and Darrin Kozlowski have an OMG task force. About 35 different guys and they have been doing this for so long. So do to intelligence, they heard the Mongols were gonna retaliate. And these guys who are talking aren’t just like shitheads. These guys are former Sureno gang members that have moved up the ranks and now they are Mongols. They are heavy hitters. So they found out, you know what. We’re gonna retaliate against the Hells Angels.
“So October 27, John Ciccone’s task force gets a search warrant, uh…eight on that day. Retribution for shooting that hang around off the back of his bike. So they go to do a search warrant at a guy’s house. Named David Martinez. Violent, violent Mongol. As the TAC team gets ready. Officer gets hit in the back. Shot and killed. So eventually they get in the house. They find a shotgun. But his defense was. I didn’t shoot him. He was shot by somebody in his TAC team. But nobody in the TAC team had a shotgun. And then he said, well, they didn’t announce themselves. It was all on video. So the bad thing about this is this is a horrendous thing. You never want to see someone shot. Never ever.
“So now we fast forward to February, Arizona. Because these guys are international. They’re all across the United States. This is Patrick Eberhardt. Cave Creek member which is a suburb of Phoenix. His father is the West Coast Treasurer. Cave Creek Chapter president. This little kid is basically driving around. He sees a pack of Hells Angels and he thinks he knows them. So his best friend, who is not a Hells Angel, sees the Hells Angels and they make a quick U-turn and they ride right up to a traffic light. He looks to the right. He looks to the left and he drops off the bike. And that’s all you see. That’s what the witnesses said.
“Do we think the Mongols did it? Sure. I talk to the detective probably two, three times a week. Great guy. Works Hells Angels. Works Mongols. He works a lot of clubs. He knows they did it. We all know they did it. We just don’t think there’s enough evidence right now to bring any charges.”
Most of what Sheetz claims is twisted. He starts with ideas and sees what he wants to see – what will prove what he sees in his head. He is obviously neither bright nor insightful or even particularly well informed. But he is paid to have opinions. That’s what “intelligence” means, really. A collection of opinions. Then he tells them to the world. And the world believes.
↧
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So... You Wanna Be An "MC"
OFF THE WIRE
So... You Wanna Be An "MC"
The process, as viewed by a 3-piece Patch Holder
(RoadRage, 2011)
Let me start out by saying that in no way, shape or form is this meant to infringe upon any personal freedoms, rights or even your desires as human beings that were fortunate enough to have found yourselves living in the greatest society on Earth, the United States of America. This was not written to tear down any personal credos of “Ride Free” or to regulate you in any way. This is meant to EDUCATE, not REGULATE.
The simple truths that are written herein were once known by all in the MC (Motorcycle Club) Community. They were a part of what characterized and upon which most individual club’s bylaws were constructed, as well as being engrained in the belief system of every one of those club’s members. The “Old School” bikers can surely attest to this.
The MC world is one that is founded upon FREEDOM and held together through RESPECT. It is critical that both of these cornerstones be regarded as equally important, within the MC Community, in order to ensure the peaceful coexistence of such a vastly diverse sub-set of society.
This unique culture, with its many “Colors,” is represented by everything from the “1% Outlaw Biker Clubs” at one end of the spectrum to the “Christian Biker Clubs” at the other end and just about everything you can think of in between. The only things that are always present in every club are, of course an undying love for riding motorcycles (that’s pretty much a given) and the two fundamentals mentioned above, the unwavering desire for Freedom and the absolute necessity of Respect.
Bear in mind, all of this is written with regard to MCs. Not your everyday Joe Independents, average citizens who have no clue as to the inner workings of our part of society, nor those RUBs that one day decided to buy everything brand new from the bike to the jacket, helmet, chaps, tassels, gloves, pant stirrups and vests with way too many brand new, stupid looking patches on them. Now, to avoid sounding hypocritical, let me also state that all of those “Motorcycle Enthusiasts” have every right to enjoy the freedom of the road and deserve the right to earn their own portion of respect, as much as we in the MC Community do. But for the purposes of this writing, they are in fact excluded.
To continue speaking on the fundamentals of Freedom and Respect, it’s important to realize that, in a perfect world, everyone would be free to do whatever they wanted when, where and however they pleased. While this sounds great it brings with it another set of problems. For instance, there is the fact that one man’s exercising of his unrestrained freedom will almost always infringe upon another man’s freedom and inherently bring with it a measure of disrespect.
So… while the ideal of Freedom is pure, the reality of freedom is only able to be implemented when tempered with respect. Again, in the setting of our imaginary perfect world, we would like to assume that this measure of respect would be common knowledge among the members of this particular sub-set of society. Almost an unwritten “Code Of Respect” somewhat akin to the, no longer recognized, “Rules Of The Road” that all motorists used to know and abide by “back in the day.”
In the heart of every Biker burns a fire stoked by their desire for and expression of their personal freedoms. For “Patch Holders” of established MCs, it is not a wildfire that is left to burn out of control, this fire is contained with a ring of respect. Respect for their patch/club, respect for other patches/clubs and perhaps most importantly, respect for themselves. Freedom expressed without respect can be a dangerous thing. Respect is not easily attained and it is always earned, not given or even taken.
“Patch Holders” of well known, established MCs have, by the very fact that they are wearing a “Full Patch,” EARNED a measure of respect from the other members of the MC Community. That respect is, in a sense, automatically bestowed upon the patch holder because of the community’s belief in and the history of the known, established and respected club that “patched out” that particular member. Without the foreknowledge of and respect for the club issuing the patch, the patch holder would have earned no respect within the MC community.
When you decide to exercise your personal freedoms by starting up a club because you just “want to do things your way” or you “can’t seem to find a club that you can commit yourself to because of this or that” or whatever your particular reason for starting up your own club may be… This situation is known as a “Pop Up Club.” While starting up a new club, in and of itself, is not necessarily a bad idea… Doing it the wrong way, the disrespectful way, is ALWAYS A BAD IDEA.
Most “Pop Up Clubs” are started by founding members that have very limited experience with the MC world and the inner workings of it, or it’s unwritten “Code of Respect” that MCs are expected to govern themselves and their members by. This is usually because they either didn’t want to have to go through the “prospect” period required by all legitimate MCs or they unknowingly believe “it’s just that easy” to design and sew on a cool looking patch and viola… they are an MC.
In very few cases have “Pop Up Clubs” been formed with the knowledge that their actions were disrespectful to each and every patch holder of every MC, that had to earn that full patch through a prospecting period. But much like the laws of the land state… ignorance is no excuse. To simply put a “Cut” on and call yourself a full patched member of an MC without having EARNED that right, having prospected and proven that you understand the way the MC Community works and that you understand “Protocol” and respect… is so insulting that you might as well have spit on and slapped the face of every member of every MC in your community. This is NOT an exaggeration by any means.
How would a pop up club’s sewing on of some patches, assigning some officers and calling themselves an MC be any different than any other group of untrained people joining a particular subset of society and believing themselves to be automatically equal? Would you consider putting on a uniform and calling yourself a US Marine without having gone through basic training? Would you put on a smock and begin to practice medicine without having gone through med school? How likely are you to throw on a helmet and a turnout coat then run into a burning building to fight a raging fire without having completed the “probie” portion of the fire academy? Would it not be considered an insult for you to call yourself a journeyman carpenter without having completed your apprenticeship?
The first thing that patch holders of respected MCs ask when they see a Pop Up Club is “why didn’t you just join an established MC?” Of course there are about as many viable answers to that question as there are ideas of the perfect motorcycle, but it is a valid question none the less. Yes, you have the right to disagree with the basic philosophy of each and every established MC in your community and can thereby feel compelled to start up your own version, one that will “do it the right way” or whatever you think you’ve figured out better than everyone else. But there is a right way and a wrong way to do so.
It has been my experience that most Pop Up Clubs do it the wrong way, the disrespectful way. If you start up a club and right from the beginning put on what is known as an “MC Cube” and / or separate your patch into a “3 piece patch” (with top rocker, center patch and bottom rocker not connected to each other) YOU HAVE DONE IT THE WRONG WAY, THE DISRESPECTFUL WAY!
If you “fly that patch” in front of the wrong people you may very well have yourself in more trouble than you ever expected your well intended expression of your personal freedom to have gotten you into. If you disrespect certain members of the MC world you will very strongly regret having done so, whether you knew that’s what you were doing or not. KNOW THE COMMUNITY YOU ARE TRYING TO JOIN AND EDUCATE YOURSELF ON THE THINGS YOU ARE EXPECTED TO DO, THE THINGS YOU ARE EXPECTED NOT TO DO AND THE CONSEQUENCES OF DOING THEM ANYWAY.
If you are still interested in starting up a new club rather than joining an already established one, respected by the MC Community, then here are some things that will help you do it the right way. DO NOT CALL YOURSELF AN “MC”… PERIOD! You have not EARNED the right to call yourself an MC nor have you or your founding members EARNED the right to call yourselves PATCH HOLDERS. PERIOD! Start your organization as a (SC) “Social Club” or a (RC) “Riding Club” or a (MSC) “Motorcycle Social Club.” Set your “Club” up much like an MC with rules / regulations / bylaws and all the rest of the organizational portion of the start up but DO NOT call it an MC. Show up to and introduce yourselves at local COC (Confederation Of Clubs) and similar meetings. Recruit new members through a proper prospecting period. Attend as many of the local MC events around your community as you can, showing support, getting yourself out there and noticed. Just make sure that what the community is noticing is your members acting appropriately (respectful) because believe it… YOU ARE BEING WATCHED and everything your members do is noticed.
It is during this initial period of your club, called something other than an MC, that you are actually “prospecting” your club to the MC community. There really is no getting around the prospect period. Since you felt you didn’t want to prospect for an existing club, your whole organization must now go through, for all intents and purposes, a prospecting period. There is no set time limit for your organization’s prospecting period, anymore than there is a standard amount of time for every individual MC’s prospects. That time is up to the individual or, in this case, club. How long does it take to earn respect? How long does it take to prove that you understand the way things are to work (Protocol)? It varies. But know this for certain… THERE IS NO ACCEPTANCE WITHOUT EARNING RESPECT.
Think about it. You are starting up a club, that one would assume will be heavily involved in the local MC Community… Why wouldn’t you want to have their acceptance and respect? This community isn’t for everyone. It has certain expectations that MUST be met. Do it the wrong way and… well… There’s just no telling what you might find out there on the road. Do it the right way and you might just be welcomed into OUR community. The choice is yours.
COMMENT
This isn’t little league, you just don’t show up and everyone gets a trophy. Very well written, protocols get over looked and by passed all the time for the sheer reason that none wants to do the ground work or feels intimidated to approach the big boys in the block (whoever that may be due to demographic) and respectfully request permission to set up shop. In most cases they are going to be surprised at the response they receive and the respect they get just from asking. I had a nice “3 piece” made up by children when I returned from deployment, nothing screamed MC on it, but due to my location in an MC heavy community, I made the rounds with vest in hand (I will not call it a cut, because it does not represent a club I ride for) just to say hey I’m back in the area and I’ll be wearing this, no objections and plenty of offers of to ride, whats better than that. You will find that most out there in the MC community are approachable, decent folks. It’s our lifestyle, there is a history behind it, that is part of what makes it great, the fact that people just don’t go running into every leather shop they come across and make their own stuff up. I appreciate the group of guys that get together on the weekends and ride together, but bikers they are not, a club they are not, some are smart enough, some are not. There are a group of individuals in NJ riding as the Sons of Anarchy MC New Jersey, first of all this is wrong by not being original, second by risking an a$$ kicking by wearing a make believe MC’s cut and acting like an MC. Third, by being LE and calling LE when approached, sorry, badges don’t apply in this world, MC rules apply…By all means I appreciate what you do to keep us safe, but enter the MC world and its MC rules, you can’t play both sides of the coin.
So... You Wanna Be An "MC"
The process, as viewed by a 3-piece Patch Holder
(RoadRage, 2011)
Let me start out by saying that in no way, shape or form is this meant to infringe upon any personal freedoms, rights or even your desires as human beings that were fortunate enough to have found yourselves living in the greatest society on Earth, the United States of America. This was not written to tear down any personal credos of “Ride Free” or to regulate you in any way. This is meant to EDUCATE, not REGULATE.
The simple truths that are written herein were once known by all in the MC (Motorcycle Club) Community. They were a part of what characterized and upon which most individual club’s bylaws were constructed, as well as being engrained in the belief system of every one of those club’s members. The “Old School” bikers can surely attest to this.
The MC world is one that is founded upon FREEDOM and held together through RESPECT. It is critical that both of these cornerstones be regarded as equally important, within the MC Community, in order to ensure the peaceful coexistence of such a vastly diverse sub-set of society.
This unique culture, with its many “Colors,” is represented by everything from the “1% Outlaw Biker Clubs” at one end of the spectrum to the “Christian Biker Clubs” at the other end and just about everything you can think of in between. The only things that are always present in every club are, of course an undying love for riding motorcycles (that’s pretty much a given) and the two fundamentals mentioned above, the unwavering desire for Freedom and the absolute necessity of Respect.
Bear in mind, all of this is written with regard to MCs. Not your everyday Joe Independents, average citizens who have no clue as to the inner workings of our part of society, nor those RUBs that one day decided to buy everything brand new from the bike to the jacket, helmet, chaps, tassels, gloves, pant stirrups and vests with way too many brand new, stupid looking patches on them. Now, to avoid sounding hypocritical, let me also state that all of those “Motorcycle Enthusiasts” have every right to enjoy the freedom of the road and deserve the right to earn their own portion of respect, as much as we in the MC Community do. But for the purposes of this writing, they are in fact excluded.
To continue speaking on the fundamentals of Freedom and Respect, it’s important to realize that, in a perfect world, everyone would be free to do whatever they wanted when, where and however they pleased. While this sounds great it brings with it another set of problems. For instance, there is the fact that one man’s exercising of his unrestrained freedom will almost always infringe upon another man’s freedom and inherently bring with it a measure of disrespect.
So… while the ideal of Freedom is pure, the reality of freedom is only able to be implemented when tempered with respect. Again, in the setting of our imaginary perfect world, we would like to assume that this measure of respect would be common knowledge among the members of this particular sub-set of society. Almost an unwritten “Code Of Respect” somewhat akin to the, no longer recognized, “Rules Of The Road” that all motorists used to know and abide by “back in the day.”
In the heart of every Biker burns a fire stoked by their desire for and expression of their personal freedoms. For “Patch Holders” of established MCs, it is not a wildfire that is left to burn out of control, this fire is contained with a ring of respect. Respect for their patch/club, respect for other patches/clubs and perhaps most importantly, respect for themselves. Freedom expressed without respect can be a dangerous thing. Respect is not easily attained and it is always earned, not given or even taken.
“Patch Holders” of well known, established MCs have, by the very fact that they are wearing a “Full Patch,” EARNED a measure of respect from the other members of the MC Community. That respect is, in a sense, automatically bestowed upon the patch holder because of the community’s belief in and the history of the known, established and respected club that “patched out” that particular member. Without the foreknowledge of and respect for the club issuing the patch, the patch holder would have earned no respect within the MC community.
When you decide to exercise your personal freedoms by starting up a club because you just “want to do things your way” or you “can’t seem to find a club that you can commit yourself to because of this or that” or whatever your particular reason for starting up your own club may be… This situation is known as a “Pop Up Club.” While starting up a new club, in and of itself, is not necessarily a bad idea… Doing it the wrong way, the disrespectful way, is ALWAYS A BAD IDEA.
Most “Pop Up Clubs” are started by founding members that have very limited experience with the MC world and the inner workings of it, or it’s unwritten “Code of Respect” that MCs are expected to govern themselves and their members by. This is usually because they either didn’t want to have to go through the “prospect” period required by all legitimate MCs or they unknowingly believe “it’s just that easy” to design and sew on a cool looking patch and viola… they are an MC.
In very few cases have “Pop Up Clubs” been formed with the knowledge that their actions were disrespectful to each and every patch holder of every MC, that had to earn that full patch through a prospecting period. But much like the laws of the land state… ignorance is no excuse. To simply put a “Cut” on and call yourself a full patched member of an MC without having EARNED that right, having prospected and proven that you understand the way the MC Community works and that you understand “Protocol” and respect… is so insulting that you might as well have spit on and slapped the face of every member of every MC in your community. This is NOT an exaggeration by any means.
How would a pop up club’s sewing on of some patches, assigning some officers and calling themselves an MC be any different than any other group of untrained people joining a particular subset of society and believing themselves to be automatically equal? Would you consider putting on a uniform and calling yourself a US Marine without having gone through basic training? Would you put on a smock and begin to practice medicine without having gone through med school? How likely are you to throw on a helmet and a turnout coat then run into a burning building to fight a raging fire without having completed the “probie” portion of the fire academy? Would it not be considered an insult for you to call yourself a journeyman carpenter without having completed your apprenticeship?
The first thing that patch holders of respected MCs ask when they see a Pop Up Club is “why didn’t you just join an established MC?” Of course there are about as many viable answers to that question as there are ideas of the perfect motorcycle, but it is a valid question none the less. Yes, you have the right to disagree with the basic philosophy of each and every established MC in your community and can thereby feel compelled to start up your own version, one that will “do it the right way” or whatever you think you’ve figured out better than everyone else. But there is a right way and a wrong way to do so.
It has been my experience that most Pop Up Clubs do it the wrong way, the disrespectful way. If you start up a club and right from the beginning put on what is known as an “MC Cube” and / or separate your patch into a “3 piece patch” (with top rocker, center patch and bottom rocker not connected to each other) YOU HAVE DONE IT THE WRONG WAY, THE DISRESPECTFUL WAY!
If you “fly that patch” in front of the wrong people you may very well have yourself in more trouble than you ever expected your well intended expression of your personal freedom to have gotten you into. If you disrespect certain members of the MC world you will very strongly regret having done so, whether you knew that’s what you were doing or not. KNOW THE COMMUNITY YOU ARE TRYING TO JOIN AND EDUCATE YOURSELF ON THE THINGS YOU ARE EXPECTED TO DO, THE THINGS YOU ARE EXPECTED NOT TO DO AND THE CONSEQUENCES OF DOING THEM ANYWAY.
If you are still interested in starting up a new club rather than joining an already established one, respected by the MC Community, then here are some things that will help you do it the right way. DO NOT CALL YOURSELF AN “MC”… PERIOD! You have not EARNED the right to call yourself an MC nor have you or your founding members EARNED the right to call yourselves PATCH HOLDERS. PERIOD! Start your organization as a (SC) “Social Club” or a (RC) “Riding Club” or a (MSC) “Motorcycle Social Club.” Set your “Club” up much like an MC with rules / regulations / bylaws and all the rest of the organizational portion of the start up but DO NOT call it an MC. Show up to and introduce yourselves at local COC (Confederation Of Clubs) and similar meetings. Recruit new members through a proper prospecting period. Attend as many of the local MC events around your community as you can, showing support, getting yourself out there and noticed. Just make sure that what the community is noticing is your members acting appropriately (respectful) because believe it… YOU ARE BEING WATCHED and everything your members do is noticed.
It is during this initial period of your club, called something other than an MC, that you are actually “prospecting” your club to the MC community. There really is no getting around the prospect period. Since you felt you didn’t want to prospect for an existing club, your whole organization must now go through, for all intents and purposes, a prospecting period. There is no set time limit for your organization’s prospecting period, anymore than there is a standard amount of time for every individual MC’s prospects. That time is up to the individual or, in this case, club. How long does it take to earn respect? How long does it take to prove that you understand the way things are to work (Protocol)? It varies. But know this for certain… THERE IS NO ACCEPTANCE WITHOUT EARNING RESPECT.
Think about it. You are starting up a club, that one would assume will be heavily involved in the local MC Community… Why wouldn’t you want to have their acceptance and respect? This community isn’t for everyone. It has certain expectations that MUST be met. Do it the wrong way and… well… There’s just no telling what you might find out there on the road. Do it the right way and you might just be welcomed into OUR community. The choice is yours.
COMMENT
This isn’t little league, you just don’t show up and everyone gets a trophy. Very well written, protocols get over looked and by passed all the time for the sheer reason that none wants to do the ground work or feels intimidated to approach the big boys in the block (whoever that may be due to demographic) and respectfully request permission to set up shop. In most cases they are going to be surprised at the response they receive and the respect they get just from asking. I had a nice “3 piece” made up by children when I returned from deployment, nothing screamed MC on it, but due to my location in an MC heavy community, I made the rounds with vest in hand (I will not call it a cut, because it does not represent a club I ride for) just to say hey I’m back in the area and I’ll be wearing this, no objections and plenty of offers of to ride, whats better than that. You will find that most out there in the MC community are approachable, decent folks. It’s our lifestyle, there is a history behind it, that is part of what makes it great, the fact that people just don’t go running into every leather shop they come across and make their own stuff up. I appreciate the group of guys that get together on the weekends and ride together, but bikers they are not, a club they are not, some are smart enough, some are not. There are a group of individuals in NJ riding as the Sons of Anarchy MC New Jersey, first of all this is wrong by not being original, second by risking an a$$ kicking by wearing a make believe MC’s cut and acting like an MC. Third, by being LE and calling LE when approached, sorry, badges don’t apply in this world, MC rules apply…By all means I appreciate what you do to keep us safe, but enter the MC world and its MC rules, you can’t play both sides of the coin.
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Political Unification – The Key To The Survival Of Motorcycle Clubs
OFF THE WIRE
MAKING A CASE, FEDERAL STYLE by RoadBlock 1%er
MAKING A CASE, FEDERAL STYLE by RoadBlock 1%er
IN MY OPINION: This article by David “Double D” Devereaux, of motorcycleprofilingproject.com) sets out the only chance America’s motorcycle clubs and independent riders have of receiving the rights guaranteed by the U.S. Constitution and Bill of Rights.
“If there was ever a doubt about the necessity for motorcycle clubs to unite for the common purpose of fighting profiling and discrimination that doubt no longer exists. The culmination of numerous events has placed the motorcycle club community at the crossroads.
Choosing the wrong path creates the very real possibility that we will not successfully overcome the stigma from Waco, we will not successfully pass laws combating profiling and discrimination, and the culture of motorcycle clubs as we now know it will, for all intents and purposes, disappear.
Choosing the other path, the path of unifying the motorcycle club world for the purpose of securing our mutual right to exist free from discrimination, is the best chance the club community has of surviving and protecting the freedoms ingrained in the Constitution.
The choice is simple. The Motorcycle Profiling Project embraces the path of survival and promotes the unification of the motorcycle club and motorcycle rights community based on the idea that rights of expression and association in a free society must be protected in order for a truly democratic society to exist.
Let us all choose the right path.”
David “Double D” Devereaux* *David Devereaux is the Chair and Spokesperson of the Washington State Confederation of Clubs and US Defenders, The Motorcycle Profiling Project, and also works with the Confederation of Clubs and US Defenders at the national level.
Contact: doubled@motorcycleprofilingproject.com, motorcycleprofilingproject.com)
“If there was ever a doubt about the necessity for motorcycle clubs to unite for the common purpose of fighting profiling and discrimination that doubt no longer exists. The culmination of numerous events has placed the motorcycle club community at the crossroads.
Choosing the wrong path creates the very real possibility that we will not successfully overcome the stigma from Waco, we will not successfully pass laws combating profiling and discrimination, and the culture of motorcycle clubs as we now know it will, for all intents and purposes, disappear.
Choosing the other path, the path of unifying the motorcycle club world for the purpose of securing our mutual right to exist free from discrimination, is the best chance the club community has of surviving and protecting the freedoms ingrained in the Constitution.
The choice is simple. The Motorcycle Profiling Project embraces the path of survival and promotes the unification of the motorcycle club and motorcycle rights community based on the idea that rights of expression and association in a free society must be protected in order for a truly democratic society to exist.
Let us all choose the right path.”
David “Double D” Devereaux* *David Devereaux is the Chair and Spokesperson of the Washington State Confederation of Clubs and US Defenders, The Motorcycle Profiling Project, and also works with the Confederation of Clubs and US Defenders at the national level.
Contact: doubled@motorcycleprofilingproject.com, motorcycleprofilingproject.com)
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Protocol Basics
These are some things for you, as a Riding Club member, to consider when dealing with motorcycle clubs. They are also things to consider if and when you are going to be around motorcycle clubs.
2. Protocol and Respect are primary rules when dealing with a motorcycle club patchholder.
If you are FORMALLY introduced to a patchholder, make sure either the person doing the introduction (or you) make sure they know what club you belong to & if you are an officer, what position you hold. Under no circumstances do you interrupt to correct a mistake while that person is introducing you or while they are talking. Wait till the introduction is done & politely introduce yourself correctly. i.e.….
Joe Rider, xxxxxxxxxxxx Riding Club, 1st Officer, Anytown Chapter.
Fred Spokes, Anystate Officer, xxxxxxxxxxxxx Riding Club
(Use your name - not your nickname. Nicknames may come later.)
3. Greet them as you would meet anyone else & wait until the offer is made to shake hands. DO NOT interrupt, wait for them to recognize you. DO NOT be offended or make a big deal if they do not offer to shake your hand. Many times they want to get to know about you and your club a little better before they will offer to shake your hand.
4. Never, Ever, Lie. You can refuse to answer a question in a polite manner by saying something like, "That seems like club business, and I would like to refer that to one of our officers in order to get better information for you." Be prepared to answer questions about what your club is about. Such as....
A.) "We are a riding club & not a motorcycle club and have no intention of ever trying to become a motorcycle club".
B.) The Patch is bought & not earned.
C.) No dues or Dues - as applicable.
D.) All makes and models of motorcycle are welcomed. Or it's a brand specific or special requirements club.
E.) We are a non-territorial club.
F.) We are a neutral club and do not wear any MC support patches.
G.) Women riders are welcomed and in many cases are club officers.
H.) We are an AMA chartered riding club.
J.) Do not offer forum links or web sites, It's better to refer them to a club officer.
K.) Do NOT brag about how large the local or national membership is.
L.) Do not volunteer club info. If they ask a question about the local chapter answer it if you can. If they start asking questions about the number of members, or the National chain of organization refer them to one of the club Officers.
5. Women in leadership positions or being a patchholder in motorcycle clubs, while not totally unheard of, is very rare. That's just the way it is. Most motorcycle clubs would also rather deal with a man if there is business to conduct. Most realize what a riding club is about & will for the most part accept a woman as an officer, and a woman officer will most likely be allowed to attend any meeting. Whether or not they will deal directly with a woman officer or not depends on the individual motorcycle club/chapter. There is no set rule for this and they will let you know if it's ok with them or not. Many motorcycle clubs do not care to deal with the National officers. They would prefer to deal with the local or state representatives.
6. If anyone knows a patchholder, don't let him/her throw the patchholders' name/nickname/club's name around like you're a great buddy of theirs (even if you are). Many clubs consider that as a major disrespect to the whole club.
7. Watch where you are when speaking about them, and never say anything about them in public because you never know when that woman, man, or kid in regular clothes standing near you might be one of them, or a "support member". Patchholders do not always wear their colors. By the time the story gets back to the top club in your area, it will have been changed many times over and could be blown up way out of proportion.
8. Anything said about them between club members is club business ONLY. If comments, even those said in a joking manner were to get out, problems could start. Discussion outside the privacy of the chapter can start rumors which could cause a lot of problems for not only the chapter, but also for other chapters in and out of the state.
9. If for some reason you have to say something while in public about a motorcycle club, take the person you're talking to aside, alone, and say ONLY what you need to say to get your meaning across. Say as little as possible so anyone else can't overhear it & misunderstand what you're talking about.
10. Watch where you wear your patch (RCs don't wear colors, colors are earned, not bought) and it's just common sense to stay in numbers when wearing the patch. (Some motorcycle clubs can be very territorial and some clubs don't see any difference between a RIDING CLUB and MOTORCYCLE CLUB, good or bad.) If you are unsure of the areas or places normally frequented by motorcycle clubs, find out from your club Officers. If you are planning on traveling and are concerned about what the situation may be in regard to the relationship with the local motorcycle clubs in the areas you'll be traveling through or staying in, talk to your local officer and ask if they can find something out by contacting the officers in the areas you will be in.
11. "SHOW THEM RESPECT." That's A #1 with them! (and worth repeating).
12. If you already know a patchholder, or get to know one in the future, don't just walk up to him/her and interrupt when they are with other members. Wait till he/she acknowledges you first and NEVER touch them or put your arm around them like a buddy. Don't put your hand out to shake theirs; wait for them to extend their hand first. If for some reason you're not acknowledged at all, then just keep walking. If you need to talk to an officer of a Motorcycle Club the proper way is to go through the Sgt at Arms or one of the patchholders.
13. You have to decide whether or not you want to show respect by going to any of their functions or if you want to avoid all of them all together. If you do choose to show respect and go, you can do this in a way that may make you feel more at ease by going to one of their "support's" functions instead of the top club's function (if they have a support patch then you're still indirectly showing the top club respect). But if you do go, then you also have to go to their rival clubs' function or you'll be telling everyone that you're not a "NEUTRAL" club as you said you were. (Example: If you go to the Club A's function then YOU HAVE TO GO to the Club B's function, etc..) You have to decide how you want to stay neutral, by going or not going and you have to let all the other area chapters know if you're going too, so they're not in the dark and we can ALL stay on top of things.
**** NOTE ***** A better way to support them and still give the appearance of being a neutral club is to attend only "open to the public" events that a motorcycle club may be sponsoring.
If you feel that you do want or need to go to a "limited event", then you'll have to go representing yourself as yourself, preferably without wearing any patches identifying your club. Remember, if you're wearing your club patch, you are considered by everyone to be representing your whole club. If anything were to turn sour, then your whole club could wind up with problems down the road. Also, once the rivals of that club you visited find out (and they will within a day or two), then those rivals will see you as no longer being neutral & you could be considered a rival of theirs too.
14. No CLB's (Chapter Location Bars), any territory rockers, or anything giving the appearance of a rocker should be worn with the RC patch. State flags, state logos may be worn in some areas and not in others. It's best to check with the local RC officers to make sure what is ok in your area.
15. If someone from a motorcycle club requests that you remove your vest/patch, don’t argue. The best reply is, "No Problem"& politely take it off and let your Club Officer know what motorcycle club it was so they can deal with any potential problems. You normally will only get asked once.
16. If an establishment has a sign indicating “No Colors”, even though your patch is not considered “colors”, the vest should be removed out of respect to the other clubs and the policy of the establishment. While you may just be a Riding Club, it's only respectful to honor the house rules. Motorcycle clubs that honored the "house rules" would probably be deeply offended that you didn't. Also remember, many establishments choose to have this policy and it applies to all clubs that use any kind of patch; they do not distinguish between a MC and a RC. Be aware of the local motorcycle club hangouts & it's best not to wear the RC patch into them without an invitation.
17. Do not wear your Patch into a motorcycle club clubhouse unless you have asked if it's ok to do so or have been invited for a "sit down" with the officers of the motorcycle club, or been invited As a Riding Club Member, to attend a function there.
18. In regard to women who are with a MC club, but not in the club: Old Lady is not a negative or derogatory term, it's just a slang term commonly used. "Property Of" patches are their way of showing support for their man and the club he's in.
19. A patchholder may not, and many times will not, acknowledge your wife or girlfriend, especially upon a first meeting.
20. DO NOT touch or sit on a patchholder's bike unless invited to do so. Do not expect the invitation.
21. A prospect can usually be identified by the back patch they are wearing. There are many different ways motorcycle clubs identify prospects. They can have the rockers without the main patch. They can actually have a patch saying "PROSPECT". Some do not wear any patch, because all the Patchholders know who the prospects are. You want to treat a prospect or even someone you suspect is a prospect the same way you would treat a patchholder - with respect and courtesy. Many clubs will take offense to someone outside their club using the prospect term. Calling someone "Prospect" if you are not a patchholder of that club more often is considered disrespectful.
22. Have absolutely no doubt that a motorcycle club is serious and many have been known to physically educate a person who shows disrespect or displays a bad attitude.
23. Be aware of the behavior and attitude of the other RC members who are with you (especially if anyone has been drinking) at events. If necessary, try to take action to avoid problems before they happen. For example, if someone appears to be getting too angry or loud and possibly disrespectful, take them aside or suggest going somewhere else until things settle down. You could also let one of the officers of the club know about the situation. If an incident should occur in spite of your efforts when no Officers are present, make sure to let your officers know as soon afterward as you can. If no club officers happen to be there, then ALL of the RC members that are there need to make the attempt to take that person aside, and strongly suggest that the offending RC member go somewhere else to settle down.
24. Be aware that problems created in one part of the country by a RC member or issues with the RC in one area have the potential to affect RC members in other areas and states.
25. The term Brother or Bro has special meaning to a Patchholder, do not call a Patchholder Brother or Bro. Their Brothers are fellow Patchholders and those that have earned that term.
26. Don't ever touch any part of another club member's colors, which includes the vest or jacket it's sewn on. That is considered serious disrespect, which could cause them to aggressively educate the un-informed.
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