Quantcast
Channel: Bikers Of America, Know Your Rights!
Viewing all 6498 articles
Browse latest View live
↧

Ten Most Notorious Outlaw Biker Gangs...............

July 31, 2013, 12:58 am
$
0
0
OFF THE WIRE
BY: William J. Felchner
VIDEO,
http://youtu.be/CWNmCnyjUEA
Source: factoidz.com
USA - 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.
↧
Search

1%er defined - One Percenters, Gangs and Outlaws.

July 31, 2013, 12:58 am
$
0
0
1%er defined

NOTE: This is the defininition given in Wiki-pedia, if you belive anything to be an error, please e-mail us and we will check it out.
One Percenters, Gangs and Outlaws.

Motorcycle clubs are often perceived as criminal organizations or, at best, gangs of hoodlums or thugs by traditional society. This perception has been fueled by the movies, popular culture, and highly publicized isolated incidents, the earliest of which was a brawl in Hollister, California in 1947 between members of the Boozefighters MC (motto: a drinking club with a motorcycle problem) and the Pissed Off Bastards MC (precursor to the Hells Angels).
The press asked the American Motorcyclist Association (AMA) to comment, and their response was that 99% of motorcyclists were law-abiding citizens, and the last one percent were outlaws. Thus was born the term, "one percenter".

During the 1940's and 1950's, at rallies and gatherings sponsored by the AMA, prizes were awarded for nicest club uniform, prettiest motorcycle, and so forth. Some clubs, however, rejected the clean-cut image and adopted the "one percenter" moniker, even going so far as to create a diamond (rhombus) shaped patch labeled "1%" to wear on their vests as a badge of honor.

The 1% patch is also used to instill fear and respect from the general public and other motorcyclists. Other clubs wore (and still wear) upside down AMA patches.

*Another practice was to cut their one piece club patches into three or more pieces as a form of protest, which evolved into the current form of three piece colors worn by many MCs today.
One percent clubs point out that the term simply means that they are simply committed to "biking and brotherhood", where riding isn't a weekend activity, but a way of living. These clubs assert that local and national law enforcement agencies have co-opted the term to paint them as criminals.

While it is a fact that individual members of some MCs, and even entire chapters have engaged in felonious behavior, other members and supporters of these clubs insist that these are isolated occurrences and that the clubs, as a whole, are not criminal organizations. They often compare themselves to police departments, wherein the occasional "bad cop" does not make a police department a criminal organization, either.

At least one biker website has a news section devoted to "cops gone bad" to support their point of view.
Many one percenter clubs, including the Hells Angels, sponsor charitable events throughout the year for such causes as Salvation Army shelters and Toys for Tots.

Alternatively, both the Federal Bureau of Investigation (FBI) and Criminal Intelligence Service Canada (CISC) have designated certain MCs as Outlaw Motorcycle Gangs (OMGs), among them the Pagans, Hells Angels, Outlaws MC, and Bandidos.

Canada, especially, has experienced a significant upsurge in crime involving members and associates of these MCs, most notably in what has been dubbed the Quebec Biker war.
Some members of the Hells Angels MC have been indicted on various charges, including RICO charges, murder, robbery, extortion, trafficking in stolen and VIN-switched motorcycles, methamphetamine and cocaine distribution.

In April, 2006, eight members or associates of the Bandidos MC were found murdered in a farm field in Ontario, Canada in what police have described as an internal cleansing of the Bandidos organization. One of the men charged with the murders is, himself, a Bandidos MC full patch member.

As recently as September 29, 2006, the president and another officer of the San Francisco chapter of the Hells Angels were indicted on charges of methamphetamine and cocaine distribution.

http://www.bikerdotcom.com/
↧
↧

Knife Laws in California: Is It Legal to Carry One ? By Jim March and also Sy Nazif, Esq.

July 31, 2013, 12:58 am
$
0
0
OFF THE WIRE
 The information posted below is from a well-known article written by Jim March on 5/16/2002 titled, "California Knife Laws: A Comprehensive Guide," url:
http://www.ninehundred.com/~equalccw/knifelaw.html
Also Sy Nazif, Esq. article is from the Bailingwire, newsletter.
ML&R
Philip & Bill

FOR THOSE OF US HERE IN O`SIDE CA, it is written out below.
THE LAWS  VARIE  FROM CITY TO CITY, TOWN TO TOWN,
 COUNTY TO COUNTY ALSO....
 California Knife Laws, Since Oceanside PD follows the state statue here it is,
Oceanside City Code 20. 10
Sec. 20.10 – Weapons - Possession in Public - Prohibited
No person shall be or appear in any street, alley, sidewalk, parkway or any public place or place open to public view while carrying upon his person, or having in his immediate possession, any dangerous or deadly weapon. This section shall not be construed to duplicate prohibitions of California state statute, or to prohibit the possession of weapons expressly authorized by California state statute.

1. 
SECTION FIVE: DEALING WITH LAW ENFORCEMENT WHEN PACKIN' STEEL
First thing: don't get nervous. If you've read this, you're not going to be breaking any knife laws.  California's knife laws are actually pretty decent, better than most states (even the shall-issue gun permit ones).  If you're nervous, the cop will read that, and he won't know what to think - but the conversation WILL go downhill.
If you're walking past a cop with a legally concealed knife, DO NOT "pat the knife" to make sure the concealment is still effective.  That's the number one way cops spot people packing guns illegally.  They'll think that's what you're doing.  The resulting conversation won't be pleasant.
If there's any chance at all that the guy is gonna search you, politely declare that you're carrying a "pocketknife legal under state law".  Got that?  Tell him where it is on you, let him take control of it.  DO NOT SCARE THE DUDE WITH THE BADGE AND GUN.  Don't reach for nuthin' unless he tells you to do so.  At all times, act like this is just a normal business transaction.
So what if he/she thinks your piece(s) is/are illegal?
You explain that California knife law has changed a bunch of times starting in 1997 and twice more that you know of, so you're not terribly surprised there's confusion.  Calmly explain as much of the relevant Penal Codes as you can recall...if you're into big folders, PC653k and the bit in 12020 about "not readily available if concealed in the closed position" is a start.  If he ain't buying, calmly ask for a supervisor.
If he wants to confiscate your cutlery, ASK FOR A RECEIPT.  If he says anything about "that'll mean you'll get a ticket too, and/or an arrest", stand your ground and calmly ask for a receipt.  He's bluffing because he wants your knife.  Sorry if any cops reading this are offended, but it happens - I've met enough people it's happened to to be a believer, although it hasn't happened to me.  If he just plain takes it without a receipt, get his badge number and/or car number (if the latter is all you can get, record the TIME).  If it was a city or county cop, make a THEFT complaint in detail with your nearest California Highway Patrol station (they investigate local wrongdoing).  If it was CHP, hmmm...complain to the CHP supervisors maybe, or the Sheriff, but for God's sake don't let 'em off clean.
IF YOU HAD TO THREATEN AN ASSAILANT WITH A DRAWN BLADE:
You have two choices: get the hell out of there ASAP and travel far and fast, because odds are, crooks that get chased off by an armed citizen love to file a "he threatened me" complaint and bust YOU.  Bug out.  NOTE: we're talking about a situation in which you haven't committed a crime, and since no actual violence occurred neither did anybody else.  So "fleeing the scene" rules don't really apply.  And you also don't want the SOB coming back with reinforcements and/or heavy artillery.  Time to go!
If that's not possible, because the crook knows where you are or who you are (or have your car's license plate number), jump on 911 and report an attempted crime, pronto.  There are too many lazy cops that just believe the first complaint.  Make yours first.  You'll probably have one major advantage: the crook will have a violent record and you won't.
IF YOU HAD TO ACTUALLY DRAW BLOOD IN DEFENSE:
When the cops show up, there are only three things you should say: I was in fear of my life, I'm too shaken up to talk, I want a lawyer.  (If there are witnesses you know of, point them out to the cops and tell the cops to talk to them.)
Bernie Goetz didn't do that.  He was furious at the four attempted muggers, he made that anger plain in a long discussion down at the station, and he ended up getting charged with murder and attempted murder when it was absolutely clear-cut self defense.
When a cop gets involved in a shooting, they understand that immediately afterwards, he's too shaken to explain clearly what happened.  So most departments give him 24 hours to settle down before talking to him.  But if you're involved in lethal force, some will take advantage of your rattled state to pry garbled statements out of you.  You HAVE the right to remain silent.  Use it.
I'm assuming here that if you drew or used steel, you had a damned good reason.  That's a subject for a much more detailed (not to mention PROFESSIONAL) treatment - see Introduction for some reference works.

Oceanside City Code 20. 10
Sec. 20.10 – Weapons - Possession in Public - Prohibited
No person shall be or appear in any street, alley, sidewalk, parkway or any public place or place open to public view while carrying upon his person, or having in his immediate possession, any dangerous or deadly weapon. This section shall not be construed to duplicate prohibitions of California state statute, or to prohibit the possession of weapons expressly authorized by California state statute.

 Knife Laws in California:  Is It Legal Carry One?

Written by Sy Nazif, Esq Taken from the BAILING WIRE,

 was given to me by John, From ABATE,  of CA 



For my first Bailing Wiring Column, I was asked to write about knife laws in California.  After researching the law, I certainly understood why some confusion exists as to what is legal to carry and what isn’t: there are over a dozen statutes on the subject, as well as numerous municipal codes, and inconsistent court decisions that further muddy the water.  This article is intended to shed some light on the rules and inconsistencies in California knife laws.


Of course, I wouldn't be a very good attorney without giving a few caveats before I begin.  First, remember that carrying any weapon, even one that’s legal, can cause you a lot of grief with law enforcement.  Cops routinely write tickets and make arrests for things they incorrectly think is illegal.  Being found “not guilty” will not make up for the time and aggravation of getting arrested and missing work -- not to mention the cost of hiring an attorney.  Also, this article only covers California law.  State laws can vary greatly, and taking a knife that is legal in California over state lines may get you into trouble with federal laws or laws of other states.  Local ordinances may also impact the legality of your knife.

With those warnings out of the way, California laws covering switchblades, daggers, and disguised blades are discussed below.  For those of you with a short attention span, here is the summary: 

In California, the following are illegal:  (1) Any knife with a blade of 2" or longer, that can be opened with a button or the flick of your wrist; (2) concealed possession of any "dirk" or "dagger," i.e., any stabbing device with a fixed blade, regardless of blade length; (3) possession or sale of any disguised blades, i.e., cane swords, writing pen knives, lipstick knives, etc., or any knife that is undetectable to metal detectors; (4) possession of a knife with a blade longer than 2 1/2" on any school grounds; (5) possession of a fixed-blade knife with a blade longer than 2 1/2" on any college or university grounds; and (6) flashing or waiving any knife or weapon in a threatening manner.  Also, certain municipalities have their own laws that may affect the legality of carrying a knife.  In Los Angeles, for example, it's illegal to openly carry any knife with a blade longer than 3". 

Each of the above issues is discusses in greater detail below.

Switchblades  - Penal Code § 653k


Switchblades and other spring-loaded knives are generally illegal in California. Included in the legal definition of switchblade is "[any] knife having the appearance of a pocketknife and includes a spring-blade knife, snap-blade knife, gravity knife or any other similar type knife, the blade or blades of which are two or more inches in length and which can be released automatically by a flick of a button, pressure on the handle, flip of the wrist or other mechanical device, or is released by the weight of the blade or by any type of mechanism whatsoever."  The statute expressly excludes pocket knives that can be opened with one hand by pushing the blade open with one's thumb, as long as

the knife "has a detent or other mechanism that provides resistance that must be overcome in opening the blade, or that biases the blade back toward its closed position."

The statute further states that it is unlawful to : (1) to possess a switchblade in a vehicle, (2) to carry a switchblade anywhere upon one's person, or (3) to transfer or attempt to sell a switchblade to another person. In the 2009 case of People v. S.C., the Court of Appeals held that possession of a switchblade in a person's pocket, boot, etc., is unlawful, even if even if in one's own home.  In other words, it’s illegal to have a switchblade with a 2" or longer blade – period.

It should also be noted that a pocketknife that was legal when manufactured, but is broken or modified so that it will open freely, is a switchblade within the meaning of the statute. For example, in the 2008 case of People v. Angel R., the Court of Appeals examined a conviction over a pocketknife that, as originally manufactured, had a hole in the back of the blade that prevented it from flicking open. The trial court found, however, that the knife had been modified or damaged, and the resistance mechanism did not function so that the knife would open with a flick of the wrist.  Despite the original design of the knife, the Court of Appeals upheld the conviction.

Concealed Knives, Dirks, and Daggers - Penal Code § 12020

In California, it is illegal for any person to carry concealed, certain knives, legally described as "dirks" and "daggers," i.e., any fixed-blade knife or stabbing weapon.  Pursuant to the statute, it is illegal to carry concealed upon one's person any fixed-blade knife.  This does not include a legal (non-switchblade) pocketknife, as long as that knife is closed.  Carrying a knife in an openly-worn sheath is not concealment within the meaning of the statute.  As discussed below, however, this law may be impacted by local ordinances.

Cane Swords and other Disguised Blades - Penal Code § 20200 et seq


Any knife or blade that is disguised so as to not look like a weapon is also illegal in California.  This includes, cane swords, belt-buckle knives, lipstick case knives, air gauge knives, writing pen knives, etc.  Blades that are undetectable to metal detectors (e.g., ceramic blades) are also illegal.

Possession of Knives on School Grounds - Penal Code § 626.10


It is illegal for any person to bring or possess "any dirk, dagger, ice pick, knife having a blade longer than 2 1/2 inches, folding knife with a blade that locks into place, [or] razor with an unguarded blade . . . upon the grounds of, or within, any public or private school providing instruction in kindergarten or any of grades 1 to 12 . . ."  The law with regard to college campuses is similar, but less restrictive.  Subsection (b) of the statute provides that it is illegal for any person to bring or possess "any dirk, dagger, ice pick, or knife having a fixed blade longer than 2 1/2 inches upon the grounds of, or within, any [college or university]."

Brandishing Knives - Penal Code § 417


In California, it is illegal to brandish any deadly weapon, including knives.  The law states that it is unlawful for any person to "draw or exhibit any deadly weapon . . . in a rude, angry, or threatening manner, or . . . to unlawfully use a deadly weapon."  This does not include use of such a weapon in self defense.

Local Ordinances - Here's Where the Law Gets Messy


If the laws above seem confusing, as the saying goes, "you ain't seen nothin' yet."  Local ordinances vary from city to city, and county to county.  Worse, California courts have been inconsistent in ruling on the enforceability of these local laws.

For example, in the City of Los Angeles, it is illegal to publicly carry, in plain view, any knife, dirk or dagger having a blade 3" or more in length, any ice pick or similar sharp tool, any straight-edge razor or any razor blade fitted to a handle.  (There are certain exceptions, such as where the knife is for use in a "lawful occupation, for lawful recreational purposes, or as a recognized religious practice.") The County of Los Angeles has a similar rule, which makes it illegal to openly carry, in public, "any knife having a blade of three inches or more in length; any spring-blade, switch-blade or snap-blade knife; any knife any blade of which is automatically released by a spring mechanism or other mechanical device; any ice pick or similar sharp stabbing tool; any straight-edge razor or any razor blade fitted to a handle."  In other words, it is illegal in Los AngelesCounty to openly carry any knife with a blade of 3" or longer. 

It gets worse.  Los Angeles Code section 55.01 also makes it illegal to carry any weapon concealed on one's person.  As such, in Los Angeles, you can't openly carry a blade over 3", but you can't carry such a weapon concealed, either.

Interestingly, the Courts have held that the Los Angeles law forbidding carrying a concealed weapon is invalid.  In the 1968 case of People v. Bass, a man was arrested and charged with carrying a concealed folding knife.  The Court of Appeals overturned the conviction, holding that the Los Angeles law conflicted with the state law, and was therefore invalid.  Nonetheless, the Los Angeles law is still on the books.

What is even more interesting is that other, more recent cases completely contradict the decision in People v. Bass.  In the 1985 case of People v. Gerardoi, the defendant was charged with violating a local law of the City of Commerce that is nearly identical to the Los Angeles local law prohibiting carrying blades over 3".  On appeal, the defendant cited the Bass case, arguing that the city code was invalid.  The Gerardoi court rejected the holding of Bass, and found that the city code was valid.

Where does all this information leave us?  The short answer is, in a mess.  There are certainly things that are illegal: any switchblade with a blade 2" or longer, or concealed possession of any knife with a fixed blade.  Other knives may or may not be legal,

depending on how and where you carry them, and where you are in California.  The best this to do is to check local ordinances before deciding to carry a knife or any other weapon in California.  Better yet, think twice before carrying a knife.  As you know, some cops look for any excuse to hassle bikers.

Ride safe, and stay legal.  If either of these fail, call me!

ABOUT SY NAZIF, ESQ.
Sy Nazif is a life-long motorcyclist and an attorney who specializes in biker’s rights and representing motorcycle accident victims in California.  He is a graduate of the esteemed University of California Hastings College of Law in San Francisco, and has worked with AIM, NCOM, and the COC.  He later founded RiderzLaw.com and began his own firm, which is quickly becoming one of the leading motorcycle rights and injury firms in the state.

sy@riderzlaw.com
1-888-5-RIDERZ
This article is written for informational purposes only and is not to be construed as legal advice.

Sec. 20.10 – Weapons - Possession in Public - Prohibited

No person shall be or appear in any street, alley, sidewalk, parkway or any public place or place open to public view while carrying upon his person, or having in his immediate possession, any dangerous or deadly weapon. This section shall not be construed to duplicate prohibitions of California state statute, or to prohibit the possession of weapons expressly authorized by California state statute.

Oceanside California Knife Laws. As always I am not a lawyer and these videos are strictly for informational Purposes only if you need legal Advice Seek out A Criminal Lawyer. As always read and keep a copy of all pertaining knife laws for yourself, practice stating them so you sound confident and intelligent, you're your best advocate. Stopping the process at the initial contact is better than wining a court case after lots of legal action.

No Length Law for Folding Knives in California
 http://youtu.be/pKlXR1x9xFU

True in general, but some areas like gov buildings, airports have them but if you're smart you won't be carrying any knives into those places toavoid the hassel. For the rest of the state just remember to check out your local ordinaces and Municipal Codes they might have length laws you might need to comply with. This is just merely information to keep yourself a Legal Knife carrying Citizen of California. This video has the Laws you should know and some definitions for terms for with in the laws. Remember these videos are for strictly informational purposes only if you need legal advice seek a Criminal Lawyer.

Over View of California Knife Laws
http://youtu.be/IA54WFX5eww

An Overview of Knife Laws in California, see other videos in series for more detailed information on each law. Do watch parts 1 - 7 because they pertain to all of California, your City / County laws "add" to not "take away" from the overall California laws. Reviewing PC 12020 & PC 653k are "a must" in my opinion because they define what's legal EDC (Every Day Carry). Link, pass on or just show friends these videos, the more people know the less "bad law enforcement" can mess with legal knife carrying citizens. Remember when you travel to other parts of the state those laws pertain to you, so you must know the laws of the area you are "staying in" if you are just passing through an area it's something you can fight in court, the "pass through law" you can't expect to know and follow every municipal code in areas you are passing through. but you should and must abide by the laws in the areas you are staying in. As always I am not a lawyer and these videos are strictly for informational Purposes only if you need legal Advice Seek out A Criminal Lawyer. As always read and keep a copy of all pertaining knife laws for yourself, practice stating them so you sound confident and intelligent, you're your best advocate. Stopping the process at the initial contact is better than wining a court case after lots of legal action.

THANK YOU AGAIN , TO CHECK OUT MORE GO TO JM`S
article written by Jim March on 5/16/2002 titled,
"California Knife Laws: A Comprehensive Guide," url:
http://www.ninehundred.com/~equalccw/knifelaw.html
↧

Bikers and Politics

July 31, 2013, 12:59 am
$
0
0
OFF THE WIRE
BY: Luke Short
Source: isurfhopkins.com

HOPKINS COUNTY, KY—In recent political ads funded by incumbent Hopkins County Attorney candidate, Todd P’Pool, opposing candidate and Nortonville City Attorney, John C. Whitfield, is portrayed as the member of a potentially “dangerous” biker club called the Iron Order.

To find out more on these issues, iSurf News contacted both P’Pool and Whitfield to get their sides of the story.

“John Whitfield is the organizer of the Iron Order Motorcycle Club, LLC nationwide. It’s not just one small, local clubhouse,” said P’Pool. “You can look at the Kentucky Secretary of State website and you can look at organization number 0750057, and that will show you that he is the organizer of the Iron Order Motorcycle, LLC for the entire nation.”

After reviewing the specific portion of the KY State Secretary’s website P’Pool is referring to, which can be found at

https://app.sos.ky.gov/ftshow/%28S%28233zdf551tohxi55b4xcaq2z%29%29/default.aspx?path=ftsearch&id=0750057&ct=06&cs=99999

, iSurf News found that John C. Whitfield is listed alongside 4 other Organizers in the “Initial Officers at time of formation” category.

P’Pool went on to reference the Iron Order’s website as well, listing off several of the officers’ names—which include monikers like, “CGAR,” “QBALL,” “RAINMAN,” and more— and said that, “The ‘SHARK’ is our very own John Whitfield of Hopkins County.”

“So far, there’s no problem,” said P’Pool. “You’ve just got a guy who wants to have a nickname and ride around on a motorcycle. The problem comes in when you Google ‘Iron Order Jessup, Georgia,’ and you find out that their members have been arrested for unlawful acts of criminal street gangs; they were in a bar fight, shots were fired, members of the Iron Order have been arrested for criminal street gang activity. The problem arises when you Google ‘Iron Order Virginia Pagans,’ and you see where a member of the Pagan motorcycle gang was fatally shot by the Virginia State Police tactical team when the ATF were trying to execute a federal search warrant—he was a known meth dealer. The Iron Order attended the funeral and actually rode with the Pagans in honor of the fallen meth dealer who was shot and killed by ATF agents when they tried to execute a federal search warrant.”

“There’s a further problem when members of law enforcement in Hopkins County receive Officer Safety alerts, because the Outlaws have declared war against the Iron Order,” said P’Pool. “The Outlaws are on the FBI watch-list, the Pagans are on the FBI watch-list, and I have in my hands an Officer Safety alert that tells our local officers to be on the lookout because the Outlaws declared war on the Iron Order—and the ATF feels that this is a credible threat. This was issued back in December of ’09. The month before my opponent filed for County Attorney, the Outlaws declared war on the Iron Order. We received that intelligence from the Oklahoma Highway Patrol’s criminal intelligence analyst. I contacted the Oklahoma Highway Patrol and they did verify that they issued this Officer Safety alert. Why would our local officers receive an Officer’s Safety Alert here in Hopkins County? It’s because John Whitfield brought the Iron Order to downtown Madisonville, and that puts officers at risk, because of this kind of activity.”

iSurf News acquired a copy of the above mentioned Officer Safety alert, which states that it was issued by an Oklahoma Highway Patrol Criminal Intelligence Analyst, B. Diane Hogue, on December 18th, 2009. What follows is a direct transcription of the main body of information found in this particular alert.

“Subject: Officer Safety—Outlaw Motorcycle Gangs
Please disseminate to OHP law enforcement personnel..Officer Safety Issue.

The Outlaws have declared war against the Iron Order MC. The Outlaws and Bandidos have been helping each other the last year, and in this recent incident the Bandidos were with the Outlaws when this proclamation was made. The importance to this in Oklahoma is the Iron Order has several police officers that are members and this may spread to other motorcycle clubs that are law enforcement strong. Oklahoma has a large Bandido population in the southern part of the state and the Outlaws have been in OKC, Ardmore, as well as SE Oklahoma and Tulsa. In the last 24 hours there have been incidents involving those clubs. Further, the Hells Angels (whom we have only a few known members in Oklahoma) have shot and killed 3 officers in recent weeks throughout the US.”

In addition, the alert mentions that the ATF “feels that this is a credible threat.”

Though iSurf News has attempted to contact the OHP Headquarters to verify the accuracy of the alert and to find out any additional information with regards to Hopkins County, as of this report, the OHP has not responded to our inquiries.

P’Pool also mentioned that, “Last month, we had a stand-off here in Hopkins County with a boy who is not an official member of the Outlaws, but his father was an official member of the Outlaws, and he [the boy] was absolutely part of what’s called a ‘feeder gang’—the Double Pistons, I think—out of Clarksville, TN.”

“So all of this is connected,” said P’Pool. “It’s dangerous. I support responsible motorcycle ownership, I have no problem with people who ride motorcycles, but I do have a problem with gang colors, nicknames, and criminal activity. And I have a serious problem when an individual wants to be a prosecutor, to have access to sensitive government information, and he runs in these circles. That’s dangerous.”

“The local Iron Order chapter does have a meth dealer who was convicted and he is a member of the local club,” said P’Pool. “If you look in the HopNMad Chapter, you’ll see Mike ‘Lollipop’ Melton, who does have meth charges, was arrested for trafficking methamphetamine, and pled guilty to the lesser charge of possession of methamphetamine. He’s displayed throughout the website here at the HopNMad Chapter. And if you look at their photographs, you can see liquor bottles in there, too. That’s where they party. It’s where they party, and, quite frankly, if you’re consuming alcoholic beverages on a place of business, then you’re presumed to be selling alcohol, and you’re supposed to have a liquor-license. That’s in the ABC Law. So if they are serving alcohol in there, which I believe they are, they are in violation of the law.”

After speaking with P’Pool, iSurf News contacted Hopkins County Attorney candidate, John C. Whitfield, to obtain his response to the allegations mentioned above.

In regards to the Officer Safety alert and the Outlaw’s “declaration of war against the Iron Order,” Whitfield stated that, “It’s an absolute fabrication. What you’re talking about was a bogus alert from one of the outlaw clubs—I think it was The Outlaws themselves—that made its way to the ATF. It has no credibility at all; it’s bogus. In fact, one of the guys in our club is an ATF agent, and so we called him at Oklahoma and told him to check on this— and this has been a year ago—and he found it out to be non-credible. That’s the truth.”

In explaining what the Iron Order motorcycle club is all about, Whitfield stated that, “The Iron Order is the largest, law-abiding club in the country. It was started by a former secret-service agent in 2004. It’s based out of Louisville, but it’s all over the country now. More than half of our guys are military or law enforcement. We have doctors, a lawyer—I’m the only lawyer—we’ve got professionals, CPAs, and we have working ‘Joes’ too, that just have nothing else better to do than to ride bikes. But the goal of the club was, and is, to try to change the image of some of these outlaw motorcycle clubs. The Outlaws, Pagans, Hell’s Angels—they call them ‘one-percent’ clubs—and those are ‘bad guys.’ There are a lot of people that we have found that like to ride Harley’s, that enjoy riding Harley’s, and didn’t really have anywhere to go because it was the ‘one-percent’ clubs or nothing really. You had Christian motorcycle groups, which were great, but there was a pretty good niche for people wanting to do this kind of thing, so that’s how the club started; that’s how it evolved. I got involved with it a couple of years ago and I developed what’s called, ‘The Division of Legal Affairs,’ that deals with making sure that the club remains lawful and that all the legal aspects of it are taken care of.”

“We have what’s called the Hopkins County-Madisonville ‘HopNMad’ chapter of the Iron Order. It’s right down here on Franklin St. next to the courthouse,” said Whitfield. “It’s probably the most ‘white bread’ biker place you’ve ever seen. We’ve got a pool table in there, it’s clean, we’ve got a kitchen upstairs, and on Friday nights it is open and we have families come in and little kids. We had a Nintendo Wii Bowling Tournament during April last year for Big Brothers-Big Sisters. So we had all our guys down there playing Wii Bowling—I mean, that’s the kind of club this is. A couple of weekends ago, we went to the Taylor Patterson Poker Run, and we were the only bikers that showed up. We donated money for that. One of the guys from the HopNMad chapter is serving in Afghanistan right now, too. Most of our Board is made up of military guys as well. So this is the kind of club he [P’Pool] is kickin’ on.”

“I’m on the International Board of the Iron Order because I’m a lawyer and I can handle things that need to be handled,” said Whitfield of his involvement with the club. “We don’t permit felons in the club and we’re the largest law-abiding motorcycle club that wears a 3-piece patch in the country. I’m on the Board of Directors for the Iron Order—we have a president, we have regional directors, and if you get on the website you’ll see all of this—and all the guys on the website are military and one of them is a doctor. What I did here is, we had to organize the local HopNMad chapter, and so we needed to prepare corporation papers—they call them LLC papers because this is a Limited-Liability Corporation—so I drew them up for the HopNMad chapter incorporated here in Madisonville so that we had legal protection. It’s like any company, and we’re non-profit. That’s it.”

In response to P’Pool’s statement that the Iron Order’s presence in Madisonville could pose a threat to our local law enforcement, Whitfield stated that, “Let me tell you something. I’m a grandfather, OK. I take my 4 year-old grandchild down to the clubhouse all the time. I mean, it’s like ‘Happy Days.’ It’s not anything like what you would consider a ‘biker bar.’ There are kids in there all the time. To say it’s a threat is absolutely incredible. You ask any of the police—we have an unbelievable relationship to the police. We’re right next door to the fire department, we’re right next door to the police department, and we get along with them fine. We’ve no issues at all. In fact, as I told you, most of our guys are law enforcement or military throughout the country.”

Replying to the criminal incidents and questionable behavior mentioned by P’Pool, both of which he stated involved members of the Iron Order (occurring in both Virginia and Georgia), Whitfield stated that, “There was a guy that was in the Pagans. He was shot and killed, and that was in Virginia. I think it was his uncle that was friends with one guy in our club, who happened to be the doctor I was telling you about, who is also an ornate minister out of Louisville. The uncle and my guy—the doctor—were best friends. So the Iron Order guy drove to Virginia to attend the funeral of this fellow. That’s it. He went to a funeral of his best friend’s nephew.”

“Let me tell you about what happened in Jessup, Georgia,” said Whitfield. “I went down there when this happened to make sure I knew what was going on. 5 or 6 of our guys were in a bar, and there was another club that they call a ‘one-percent’ club—these national ‘one-percent’ clubs, like the Pagans, Outlaws, and the Bandidos, all have these ‘support’ clubs that are associated with them—and one of these associated clubs jumped our guys in a bar and beat 2 of our guys down. They hurt our guys pretty bad. That’s what he’s [P’Pool’s] talking about there. They just arrested everybody. They’re getting ready to dismiss the charges against my guys, because they didn’t do anything wrong. I went down there and saw it and talked to the prosecutors and the lead investigator.”

In regards to what could have prompted the altercation, Whitfield stated that, “The Iron Order is not liked by the ‘one-percent’ world. The Iron Order is not liked by these outlaw motorcycle clubs because we’re law-abiding and we let everybody know we’re law abiding. We don’t break the law, we’re getting bigger, and it’s a threat to some of these outlaw clubs. We’re the anti-outlaw motorcycle club. We provide an outlet for guys that want to ride, have fun, and wear a 3-piece patch. When you wear a 3-piece patch, it’s kind of a big deal in the motorcycle world, and these other outlaw clubs say that you have to have permission from them to wear a 3-piece patch, but we don’t; we don’t ask permission from anybody, we just do it. And because we’re law-abiding, and we’re full of cops, a lot of the outlaw clubs don’t like us—they just hate ‘cop clubs’ and that’s what we are. So, as a result, every now and then, you’re going to have little issues, and that was one of them in Jessup. This had nothing to do with us here in Madisonville.”

Whitfield also rebuked allegations that a felon, Mike “Lollipop” Melton, was a member of the Iron Order—who P’Pool also stated had been convicted of methamphetamine possession.

“He’s not in the Iron Order,” said Whitfield. “We call him ‘Lollipop’—his name is Mike Melton, he’s a great guy, and he works at J-Lock. He had an issue with the law in the past and he pled guilty to a felony, but he’s not a member of the Iron Order. We know him. I know who he is—he’s a friend of mine—but he’s not in the Iron Order, because he can’t get in. We don’t like drug dealers, and we don’t let felons in. We don’t let them in—period.”

On the topic of alcohol consumption within the HopNMad Chapter’s headquarters in Madisonville, which P’Pool said he believed was occurring without the acquirement of a liquor-license, Whitfield said that, “I don’t have any kind of clue what he’s talking about. Do we serve alcohol without a liquor-license? No, sir.”

In regards to the nickname, “Shark,” Whitfield stated that, “I’m kind of proud of that actually. I tell you what, it’s strange, because every now and then, these guys will call the office and say, ‘Is Shark there?’, and it took the girls a while to figure out who ‘Shark’ was. Now they give me grief about it. It’s on my bike, too.”

“To say that we are a threat to the community is an absolute joke,” said Whitfield. “Have you ever heard of a guy named Bob Saget? Bob Saget was the dad on ‘Full House’ and he was the host on ‘America’s Funniest Home Videos.’ Well, he’s got a new reality show coming out called, ‘Strange Days,’ that will be on A&E, and the whole premise is to put Bob in a funny situation to see how he reacts. Well, they ended up needing a motorcycle club, so they contacted us. So we filmed in February, leaving from Louisville and going all the way to Bike Week in Daytona—a whole week with Bob Saget—and that episode is going to be aired December 1st on A&E. It’s going to have me in it, the president of our local chapter, Ronnie Hayes, and I’ve seen the take and it’s really funny. It’s just about how goofy we are. I mean, we’re going to be on a national TV show on December 1st with Bog Saget—the dad on ‘Full House’ and probably one of the biggest nerds that ever lived. So if that’s going to happen, you tell me how in the world we’re going to be a threat to anybody. They chose us. These producers weren’t going to go to a ‘one-percent’ club, but they went to us because we’re a law-abiding military-cop club. In fact, we made Bob an honorary member. So Bob is an honorary member of the Iron Order.”

“We’re not anything close to what P’Pool tries to make us out to be,” said Whitfield. “It’s a desperate move.”

When, and if, more information arises in regards to this matter, iSurf News will bring it to you as soon as possible.

Luke Short
iSurf News
↧

USA - Quick summary of knife laws

July 31, 2013, 12:59 am
$
0
0
OFF THE WIRE

by Carl Donath
After following rec.knives for a while, it became obvious that a quick summary of knife laws would be handy. Here's what little I've been able to glean from my reading.
My goal is to find the clear portion of what is flat-out legal and easily summarized. I realize most states confuse the issue unmercifully; I'll let others figure out how to push the limits.
WARNING: This document is created from hearsay and whatever laws I could find. For legal advice, ask a lawyer. I could be lying. I only provide this to try to slightly improve the general lack of information on this subject. YOU are responsible for your own actions. If you don't know exactly what the laws are for any state or locale you are in, GO FIND OUT. (http://www.ncsl.org/public/sitesleg.htmis a good start, containing pointers to all state legislative sites.) I haven't updated this for a while, so consider it a cursory guide.

Explaination

State (hyperlink goes to detailed explaination)
  • Summary:

    • Basically, I want to answer the question "I'm flying to state X tomorrow, so which knife can I take?"
  • Max length:

    • Size limit, measured the most unpleasant way possible. Some may permit longer in certain cases, but I won't suggest anything longer if it's in a gray area.
  • Specifically illegal:

    • Specific styles which are explicitly forbidden.
    Switchblade= Push a button/lever, it does the rest.
    Gravity knives = Opened by gravity or centrifigual force. Butterfly knives (balisongs) included.
  • Relevant laws:

    • A quick pointer to roughly where the relevant laws are (ex. Penal Code 642)
  • Quirks:

    • Dark humor points (ex: a 1" lockback in a pocket is illegal, but a 15" Bowie swinging free is ok)
  • Local restrictions:

    • City/county restrictions.
BTW So many places forbid sharp things in schools that this sentence is the only place I'll mention this: assume posession of knives in schools - even colleges - is illegal.
Use this as guidance: kids have been suspended for mere posession of nail clippers.

US Knife Law Summary

  • Ballistic knives (automatic blade throwers) are prohibited.
  • Switchbladesmay not be transported/mailed across state lines unlessthe recipient intends to use it for military use.
  • Possessing a knife in a federal facility is prohibited unless it is a pocket knife with blade under 2.5".

State Knife Law Summaries

Arizona
  • Summary: Generally clear. Illegal to carry "deadly weapon, (except a pocket knife) concealed."
  • Max length: None apparent.
  • Relevant laws: ARS book
California
  • Summary: Anything capable of ready use as a stabbing weapon is illegal. All concealed knives are a felony (except non locking folders).
  • Max length: chaotic
  • Specifically illegal: Switchblades, gravity knives, exotic conceal methods (pen, lipstick, whatever)
  • Relevant laws: PC 653K, PC 12020(24), California Laws, Commentary (apparently removed - someone know where?)
    • Note that interpretations by cops and judges are wildly varied. Police have actually told law-abiding citizens to break the concealment laws, and a judge has deemed a blunt-point knife (Spyderco Mariner) a stabbing weapon.
  • Quirks: Pens may be illegal (potential stabbing weapon).
  • Local restrictions:
    • Los Angeles
      • Three inch limit for open carry without a good explanation.
Conneticut
  • Summary: Sounds normal.
  • Max length: Cutting edge under 4 inches
  • Switchblades: Are legal to carry with a Dangerous Weapons Permit (DWP) only. Good luck trying to find a police station that has an application.
  • Gravity knives: Same
  • Relevant laws:
  • Local restrictions: Some police chiefs don't want to give out DWP's
Florida
  • Summary: A "common pocketknife" is OK. All "concealed weapons" (knives included) require a license.
  • Max length: None apparent.
  • Relevant laws: Chapter 790
Georgia
  • Local restrictions:
    • Atlanta: A blade over 3" that LOCKS is illegal.
Indiana
  • Summary: Generally OK.
  • Max length: None apparent.
  • Specifically illegal: automatics & throwing stars.
  • Relevant laws: Statutes mentioning "knife"
Mississippi
  • Summary: OK for "normal" knives. Don't try to conceal any bowie, dirk, switchblade or butcher knife.
  • Max length: None apparent.
  • Specifically illegal: none apparent.
  • Relevant laws: 97-37-*
  • Quirks: Threatening actions with a knife in the presence of less than three people may be acceptable.
Missouri
  • Summary: any folder 4" or less is OK.
  • Max length: 4"
  • Relevant laws: State Laws (search for "knife")
Maryland
  • Summary: "Penknives" are OK. Anything else is borderline illegal and may require a concealed weapon permit.
  • Max length: None apparent.
  • Relevant laws: MD Statues Crimes and Punishments § 36, § 36A-O
  • Quirks: You may carry a "weapon as a reasonable precaution against apprehended danger", but it's up to a tribunal to decide the reasonableness/appropriateness of posession.
  • Local restrictions:
    • Cecil, Anne Arundel, Talbot, Harford, Caroline, Prince George's, Montgomery, St. Mary's, Washington, Worcester, Kent, and Baltimore Counties have special prohibitions regarding children under 18 carrying knives. See § 36(a)(3).
Nebraska
  • Summary: Nothing over 3.5"
  • Max length: 3.5"
    • A longer blade maybe legal, but it's subject post-fact to a judge's decision.
  • Relevant laws: Statutes mentioning "knife"
    • Statutes may refer only to concealed knives.
  • Quirks:
    • A "knife" is defined as having a blade over 3.5". A pocketknife under 3.5" is not a knife.
  • Local restrictions:
    • Linconln
      • Switchblades are illegal.
New Jersey
  • Summary: General folders OK. Single-edged fixed blades may be.
  • Max length: Under 18 may not possess knife with 5" or longer blade, or 10" or longer overall. No other apparent limitation.
  • Specifically illegal: gravity knife, switchblade knife, dagger, dirk, stiletto, or ballistic knife "without any explainable lawful purpose" (i.e. an ill-defined exemption). Manufacturers and sellers are not exempt.
  • Relevant laws: 2C:39-3.e 2C:39-9.d 2C:39-9.1 (Statutes, search for "knife" or "knives")
New York
  • Summary: If it looks like a weapon, it's illegal.
  • Max length: 6" (?)
  • Specifically illegal: Switchblades and gravity knives unless hunting or fishing with permit
  • Relevant laws: Penal law
  • Local restrictions:
    • New York City
      • Must be under 4"
Nevada
  • Summary: Generally OK.
  • Max length: None apparent.
  • Specifically illegal: switchblades, belt-buckle knives
  • Relevant laws: NRS 202
Ohio
  • Specifically illegal: switchblade, springblade knife, gravity (butterfly) knife, or similar weapon;
  • Relevant laws: Search Statutes for "knife"
Rhode Island
  • Summary: 3" or less OK. Don't posess anything "designed to cut and stab another".
  • Max length: 3" measured from where the handle ends, not where the sharpened edge begins.
  • Specifically illegal:
    • Posession of a dagger, dirk, stiletto, sword-in-cane, bowie knife, or other similar weapon designed to cut and stab another.
    • Concealed carry upon one's person of the above-mentioned instruments or weapons, or any razor, or knife of any description having a blade of more than 3".
  • Relevant laws: Title 11 Criminal Offenses § 11-47-42
  • Quirks: Children under 18 may purchase the above weapons with written parental permission.
Tennessee
  • Summary: Folders under 4" are OK.
  • Max length: 4"
  • Specifically illegal: Switchblades, gravity knives (probably)
  • Quirks: Fixed blades are probablya no-no.
Texas
  • Summary: Folders under 5.5" OK.
  • Max length: 5.5"
  • Specifically illegal: Switchblade, throwing knives, daggers (in general), bowie knives, swords and spears.
  • Relevant laws: Penal Code 46
  • Quirks: The one state people associate with Bowie knives explicitly forbids them.
Virginia
  • Summary: Don't conceal a dirk or bowie knife. Don't take a dangerous weapon (esp. bowie knife or dagger) to church.
  • Max length: None apparent.
  • Specifically illegal: Switchblades.
  • Relevant laws: 18.2-308, search statutes for knife or knives.
  • Quirks: 3.1-370: your knife must be cleaned daily.
Washington
  • Summary: Anything over 3" is in a gray area.
  • Max length: 3"
  • Specifically illegal: switchblade, springblade knife, gravity (butterfly) knife, concealed dagger/dirk
  • Relevant laws: Statutes mentioning "knife"
Wisconson
  • Relevant laws: 134.71 (1)(a)9, 134.71 (1)(g)1, 134.71 (1)(h)1  (relating to pawn brokers), 941.24 (switchblades)
Canada
  • Summary: Careful; the country is getting antsy about weapons.
  • Specifically illegal: a knife that has a blade that opens automatically by gravity or centrifugal force or by hand pressure applied to a button, spring or other device in or attached to the handle of the knife.
  • Relevant laws: Annual Statutes Of Canada, 1995 Chapter 39 (Bill C-68)
Airlines
Summary: No knives or sharp instruments of anykind.
↧
↧

Nevada Knife Laws

July 31, 2013, 12:59 am
$
0
0
OFF THE WIRE

Overview of NV Knife Law | Nevada Knife Case Law
Nevada Revised Statutes | City and County Ordinances

Overview of Nevada Knife Laws

State Law
Generally speaking, Nevada law is silent on the carrying of knives, with certain specific exceptions which we will address later on. This means that unless explicitly prohibited by NRS or by city or county ordinance, it is legal to carry a knife in Nevada. Since there is no state preemption law for edged weapons like there is for firearms, municipalities and counties may make any law they wish with respect to the carry of knives. The Nevada Revised Statutes do not specify any maximum allowable blade length, or any restrictions as far as open or concealed knife carry. NRS 202.350 prohibits the possession of any switchblade or belt buckle knife, and makes it illegal to carry a concealed dirk, dagger, or machete. Additionally, NRS 202.320, which prohibits the drawing of a deadly weapon in a threatening manner in any situation where a person's actions do not constitute legitimate and necessary self-defense, applies to knives as well as to firearms.

Note that depending on circumstances, it is possible that carrying a concealed knife that does not fall into any prohibited category might still result in an arrest for carrying a concealed weapon, if it appears that the intent exists to use that knife primarily as a weapon rather than a tool. Remember also that a Nevada concealed firearms permit (CCW) applies to firearms only, and does not allow the carry of any concealed knife that would normally be illegal to carry under state or local law.
Nevada state law (NRS 202.265) makes it illegal to carry certain "dangerous weapons" on property of, or in a vehicle belonging to, a school or child care facility; this includes campuses of the University of Nevada system and the College of Southern Nevada. Prohibited items under this statute include dirks, daggers, switchblades (as defined below), and trefoils (aka throwing stars). While no other prohibited places are listed in Nevada state law, as a general rule, no knives may be taken into any facility with a metal detector at the entrance, including court facilities.

Definitions
Certain of the terms used in the Nevada Revised Statutes discussed here are defined in very specific ways, and an understanding of these definitions is essential to properly understanding what the laws do and do not permit. Interestingly, the words "dirk" and "dagger," although they appear in multiple statutes as a class of prohibited weapon, are not explicitly defined anywhere within the NRS itself. The definitions of these words as a matter of Nevada law derive from a number of Nevada Supreme Court decisions (see below), in which the Court noted that a dagger is traditionally "a short weapon used for thrusting and stabbing and that stabbing is using a pointed weapon to wound or kill" (Huebner v. State, 1987). A dirk is noted in the same decision as functionally being nothing more than a type of dagger. The court also noted in other decisions that any knife cannot automatically be classified as a dirk or dagger at the whim of an arresting officer or a judge, and that some "relevant factors" to consider when making such a determination include whether the knife has handguards and/or a blade that locks in place. In short, the Nevada courts currently accept the legal definition of a dirk or dagger as a pointed knife with a fixed or locking blade, designed primarily or solely as a stabbing weapon. Any double-edged knife with a fixed blade is generally considered to be a dagger.
A switchblade knife is defined by NRS 202.350 as "a spring-blade knife, snap-blade knife or any other knife having the appearance of a pocketknife, any blade of which is 2 or more inches long and which can be released automatically by a flick of a button, pressure on the handle or other mechanical device, or is released by any type of mechanism. The term does not include a knife which has a blade that is held in place by a spring if the blade does not have any type of automatic release." An automatic-opening knife with a blade less than two inches in length is not considered to be a "switchblade" as a matter of Nevada law, and is thus legal to possess and carry.
The blade of a knife is generally considered to be "that portion which is customarily sharpened from the tip of the knife to the tang, or the unsharpened extension of the blade which forms the hinge connecting the blade to the handle," as per the Nevada Supreme Court's decision in Bradvica v. State, 1988 (see below). In other words, only that part of a knife which is designed to be sharpened is considered to be the "blade" for purposes of determining length.
A concealed weapon is defined by NRS 202.350 as any weapon described within that statute, which is carried upon one's person "in such a manner as not to be discernible by ordinary observation." By this definition, if a weapon, or part of it, cannot be seen without first moving clothing out of the way, it is considered to be concealed. The Nevada Supreme Court, as part of its ruling in Huebner v. State (1987), found that a weapon which is visible or partially visible, but appears to be something else (for example, a knife contained within an item such as a pen or hairbrush), is still a concealed weapon even though it is not covered or hidden from view.
NRS 193.165 defines a deadly weapon as "(a) Any instrument which, if used in the ordinary manner contemplated by its design and construction, will or is likely to cause substantial bodily harm or death; (b) Any weapon, device, instrument, material or substance which, under the circumstances in which it is used, attempted to be used or threatened to be used, is readily capable of causing substantial bodily harm or death; or (c) A dangerous or deadly weapon specifically described in NRS 202.255, NRS 202.265, NRS 202.290, NRS 202.320 or NRS 202.350." Additionally, the Nevada Supreme Court, in Zgombic v. State (1990), ruled that for any instrument not so defined by statute to be considered a "deadly weapon," it must satisfy what the Court refers to as the "inherently dangerous" test. A weapon is inherently dangerous in this analysis if it, when “used in the ordinary manner contemplated by its design and construction, will, or is likely to, cause a life-threatening injury or death.” By this standard, most pocketknives or utility knives would not meet the "deadly weapon" criteria because they are designed and constructed for use primarily as tools and not as weapons. Note that under Nevada law, an instrument that does not meet the "deadly weapon" criteria might still qualify as a "dangerous weapon," the test for which is less stringent and is based on whether that item is merely capable of causing death or substantial bodily harm under the circumstances in which it is used.


City and County Knife Laws
In the absence of a state preemption statute, Nevada counties and municipalities are free to enact knife laws which are more restrictive than state law. Very few have done so. Those which have include Clark County and the cities of Las Vegas, North Las Vegas, Henderson, and Reno. Following are synopses of these jurisdictions' knife laws; links to the relevant ordinances can be found below.
  • Clark County - Prohibits concealed knives with blades longer than three inches. No limitation on blade length for knives carried openly.
  • Las Vegas - Prohibits concealed knives with blades longer than three inches. Does not limit blade length for openly carried knives. Prohibits switchblades or automatic opening knives with blades of any length. Prohibits any person from loitering, fighting, or engaging in disorderly conduct while carrying a concealed "deadly weapon" as defined by city ordinance.
  • North Las Vegas - Prohibits concealed knives with blades longer than three inches. No limit on blade length for knives openly carried. Prohibits any switchblade or automatic opener, regardless of blade length. Prohibits the carry of ice picks or "similar sharp stabbing tools" and straight razors. Prohibits loitering, fighting, or disorderly conduct while carrying any concealed weapon.
  • Henderson - Prohibits concealed carry of knives with blades longer than three inches. Prohibits the possession of any knife "commonly known as a switchblade, spring-blade or push button knife," with no limitation on blade length.
  • Reno - Defines a "dangerous knife" as having a blade of more than two inches, and prohibits carry of same in any city park or recreation area. Prohibits, by city ordinance, the carry of any knife in a city courthouse.
State and National Parks
Nevada law does not specifically address carrying a knife within a state park, although NAC 407.105 does state that it is illegal to throw knives or other projectiles in state parks. As far as carrying a knife in any National Park, the only specific statute addressing this is 18 USC 44 § 930, prohibiting "dangerous weapons," which are understood to include knives, in any Federal park building, provided notice is given by means of a sign at the building entrance. Follow relevant state laws otherwise.
Back to Top
No Duty to Retreat
In May of 2011, Nevada's governor signed AB321 into law. This bill amended NRS 200.120, which deals with the use of deadly force, by specifying that a person who uses deadly force to defend himself has no legal "duty to retreat" prior to doing so as long as he:
  • Is not the original aggressor;
  • Has a right to be present at the location where deadly force is used; and
  • Is not actively engaged in conduct in furtherance of criminal activity at the time deadly force is used.
This statute applies to any use of deadly force, including self-defense with edged weapons.

Nevada Court Cases

Since the Nevada Revised Statutes are largely silent regarding knives, case law has given us a number of important precedents. Following are synopses of a few relevant NV Supreme Court cases, with links to the full text of each decision.
  • Huebner v. State, 1987 - This case is important from the standpoint of Nevada knife law, since it codified two central principles. When arrested for a separate offense, Huebner was in possession of a four-inch knife concealed in what appeared to be a ballpoint pen, and was charged with possession of a concealed weapon and convicted. Huebner claimed that the weapon was not concealed, since the "pen" part of it was clearly visible in his pocket at the time of his arrest, and appealed. In upholding his conviction, the Court clarified that a weapon is still concealed, even if visible, if because of the appearance of the visible portion it appears to be some other implement. A footnote to the Court's decision also specified the definition of "dagger" that has been used by Nevada courts since then, even though such a definition was not central to the case.
  • Bradvica v. State, 1988 - Bradvica was arrested for an unrelated offense and found to be carrying an automatic opening knife with a blade measuring 2 5/16 from tip to handle. He was convicted of carrying a "dangerous knife" under the (since superseded) wording of NRS 202.350 at that time. He appealed his conviction to the Nevada Supreme Court, which found that the wording "dangerous knife" was sufficiently vague as to be meaningless. The Court's opinion also defined the "blade" of a knife as "that portion which is customarily sharpened from the tip of the knife to the tang, or the unsharpened extension of the blade which forms the hinge connecting the blade to the handle." By that definition, the blade of Bradvica's knife only measured 1 15/16 inches, meaning that the knife did not meet the definition of a "switchblade" under Nevada law, being less than two inches long. His conviction was overturned.
  • Zgombic v. State, 1990 - This case introduced the requirement that in order for an item to be a "deadly weapon" for purposes of sentencing or enhancements to sentencing, it must satisfy the "inherently dangerous" test. In Zgombic's case, the object in question was a pair of steel-toed boots, which was demonstrably not, when used "in the ordinary manner contemplated by its design and construction," inherently likely to cause death or substantial bodily harm. While this was not a knife law case per se, the "inherently dangerous" qualification to determine whether or not an instrument should be considered a "deadly weapon" has since been used by the Court in cases that did involve knives.
  • Buff v. State, 1998 - The Nevada Supreme Court's opinion in this case applied the "inherently dangerous" standard for a deadly weapon introduced in Zgombic v. State to a Swiss army knife. The court found that even though the knife in question was used as the weapon in an murder, it was not by definition a "deadly weapon" as it did not meet the requirements of that test.
  • Knight v. State, 2000 - In this case, Knight was convicted of carrying a concealed weapon after being arrested while carrying a steak knife concealed on his person. The Nevada Supreme Court recognized that the steak knife did not constitute a "dirk or dagger" as specified in the CCW statute, and further codified the definition of these two implements by introducing the "relevant factors" of handguards and a locking blade to be considered when determining whether or not a knife meets that definition. The Court also recognized that under the totality of the circumstances surrounding Knight's arrest, it was evident that he was carrying the steak knife to use as a weapon, and therefore his conviction was upheld.


Nevada State Knife Laws

Nevada Revised Statutes
The short titles of each statute are listed below; click on a statute to read the entire text. This is not intended to be a complete or exhaustive list of all Nevada knife or self-defense laws.
  • NRS 202.265 - Possession of dangerous weapon on property or in vehicle of school or child care facility; penalty; exceptions.
  • NRS 202.320 - Drawing deadly weapon in threatening manner.
  • NRS 202.350 - Manufacture, importation, possession or use of dangerous weapon or silencer; carrying concealed weapon without permit; penalties; issuance of permit to carry concealed weapon; exceptions.
  • NRS 202.355 - Manufacture or sale of switchblade knives: Application for permit; eligibility; public hearing; restrictions.
Nevada Administrative Code
  • NAC 407.105 - Possession or use of weapons in state parks.
Back to Top

City and County Knife Ordinances

The short titles of each city and county ordinance are listed below; click on an ordinance to read the entire text. This is not intended to be a complete or exhaustive list of all city and county knife laws or self-defense laws.
Clark County Ordinances:
Las Vegas City Ordinances:
North Las Vegas City Ordinances:
Henderson Municipal Code:
  • HMC 8.98.010 - Concealed weapons prohibited except by permission.
  • HMC 8.98.070 - Switchblades and similar weapons prohibited.
Reno Municipal Code:

 

↧

USA - Law on Locking-Blade Pocket Knives

July 31, 2013, 12:59 am
$
0
0
OFF THE WIRE
By Lawrence Adams, eHow Contributor
Where the law on firearm ownership across the nation and among states is often clear, the laws and regulations concerning pocket knives can be rather vague and subject to sudden change. The federal laws regulating concealed and open pocket knife carry are, in most cases, more general than state and city laws. Because many of the regulations concerning pocket knives are derived through case law, these regulations are constantly changing and difficult to find.

Federal Law

  • Federal law prohibits the carrying of all ballistic or automatic knives. These are knives with gas- or spring-powered blades that are released by a button. The mailing or transportation of switchblade knives across state lines is prohibited unless intended for military use. The concealed carry of a locking-blade pocket knife with a blade of two and a-half inches or less is allowed under federal law.

State Law

  • State laws uphold the same prohibitory stance of switchblade and ballistic knives as outlined in the federal law. Because pocket knife regulations are set up through case law, and because each state has a unique set of laws that new case law is built upon, laws regarding the concealed and open carry of pocket knives differ drastically. In most cases, it is safe to carry a locking-blade pocket knife with a blade two inches long or less.

Local Law

  • Local law varies even more widely than state law when it comes to pocket knives. In Arizona, for instance, the state law allows the carry of pocket knives with blades of four inches and less. In Flagstaff and Florence, Arizona, however, you may only carry knives with blades of three inches or less. Among local knife law it is common for larger metropolis areas to lower limits for legal blade length.

Punishment

  • Prosecutions based solely on the possession or concealed carry of a prohibited pocket knife are extremely rare. However, the violation of a knife law is considered by law enforcement professionals to be a weapons violation, which carries a long list of consequences that can affect one's ability to own any firearms, possess a valid driver's license or be employed.

Prohibited Knives

  • While federal law prohibits only switchblade and ballistic knives, many states include additional varieties of pocket knives on the list of dangerous weapons. Gravity knives, even locking-blade gravity knives, are outlawed in most states. These knives include butterfly knives and any pocket knife that opens by gravitational or centripetal force. Push daggers, which are similar to brass knuckles and often considered a type of pocket knife in legislation, are also illegal in most states.
↧

Know Your Rights When Dealing With Police Officers

July 31, 2013, 12:59 am
$
0
0
OFF THE WIRE
A Police Officers Worst Enemy Is A Well Informed Citizen Who Knows Their Rights!
 
 Police officers hate to hear these words:
"Am I free to go?"
"I don't consent a search."
"I'm going to remain silent."
When a Police Officer Stops You
  To stop you a police officer must have a specific reason to suspect your involvement in a specific crime and should be able to tell you that reason when you ask. This is known as reasonable suspicion. A police officer usually will pull you over for some type of "traffic violation," such as speeding or maybe not using your blinker. Throwing a cigarette butt or a gum wrapper out your car window is reason enough for the police to pull you over, ticket you for littering and start asking you all sorts of personal questions.
Your Rights During a Traffic Stop. Top Five (5) Things to Know About Protecting Yourself from the Police:
 #1 - Safety. The first thing is your safety! You want to put the police officer at ease. Pull over to a safe place, turn off your ignition, stay in the car and keep your hands on the steering wheel. At night turn on the interior lights. Keep your license, registration, and proof of insurance always close by.
 Build a trust with the police officer be a "good citizen" be courteous, stay calm, smile and don't complain. Show respect and say things like "sir and no sir." Never bad-mouth a police officer, stay in control of your words, body language and your emotions. "All this takes practice, try practicing with a friend." The idea is to get the police officer to understand that you're just an average ordinary citizen and let you get on your way down the road. Never touch a police officer and don't run away!
 #2 - Never Talk To A Police Officer. The only questions you need to answer is your name, address and date of birth and nothing else! Instead of telling the police officer who you are, simply give him your drivers license or I.D. card. All the information the police officer needs to know about you can be found on your drivers license. Don't volunteer any more information to the police officer, if he ask you any other questions politely say "Am I free to go?" and then don't say another word.

 #3 - I'm Going to Remain Silent. The Supreme Court has made a new ruling that you should Never Talk to a Police Officer without an attorney, but there's a CATCH! New Ruling  Before you're allowed NOT to talk to a police officer, you must TELL the police officer "I'm Going to Remain Silent" and then keep your mouth shut!(How can you be falsely accused and charged if you don't say anything?) Anything you say or do can and will be used against you at any time by the police.
 #4 - Just Say NO to Police Searches! If a police officer didn't need your permission to search, he wouldn't be asking. Never give permission to a police officer to search you, your car or your home. If a police officer does search you, don't resist and keep saying "I don't consent to this search."

 #5 - "Am I Free to Go?" As soon as the police officer ask you a question ask him "Am I free to go?" You have to ask if you're "free to go," otherwise the police officer will think you are voluntarily staying. If the police officer says that you're are being detained or arrested, say to the police officer"I'm Going to Remain Silent"

Anything You Say Can And Will Be Used Against You!
 Police officers need your permission to have a conversation, never give it to them!
 Never voluntarily talk to a police officer, there's no such thing as a "friendly chat" with a police officer. The Supreme Court has recently ruled that you should NOT talk to a police officer without a lawyer and you must say "I'm going to remain silent." It can be very dangerous to talk to a police officer or a Federal Agent. Innocent people have talked to a police officer and ended up in jail and prison, because they spoke to a police officer without an attorney.
 Police officers have the same right as you "Freedom of Speech," they can ask you anything they want, but you should never answer any of their questions. Don't let the police officer try and persuade you to talk! Say something like "I'm sorry, I don't have time to talk to you right now." If the cop insists on talking to you, ask him "Am I free to go?" The police officer may not like when you refuse to talk to him and challenge you with words like, "If you have nothing to hide, why won't you speak to me? Say again "I told you I don't have time to talk to you right now, Am I free to go?" If you forget or the police officer tricks you into talking, it's okay just start over again and tell the police officer "I'm going to remain silent."
 The Supreme Court has ruled that if a police officer doesn't force you to do something, then you're doing "voluntarily." That means if the police officer starts being intimidating and you do what he ask because you're "afraid," you still have done it voluntarily. (Florida v. Bostick, 1991) If you do what the police officer ask you to do such as allowing him to search your car or answer any of his questions, you are 'voluntarily' complying with his 'requests.'So don't comply, just keep your mouth shut unless you say "Am I Free to Go?" or "I don't consent to a search."
 You have every right NOT to talk to a police officer and you should NOT speak to a police officer unless you have first consulted with a lawyer who has advised you differently. Police officers depend on fear and intimidation to get what they want from you. Police officers might say they will "go easy" on you if you talk to them, but they're LIARS! The government has made a law that allows police officers to lie to the American public. Another reason not to trust the police! So be as nice as possible, but stand your ground on your rights! Where do some of your rights come from? Read the Fourth and Fifth Amendment of the U.S. Constitution. 


Traffic Stops and Your Rights
  First of all keep your license, registration and proof of insurance in an easily accessible place such as attached to your sun visor. The less time it takes for you to get to these items, the less time the officer has to look through your windows and snoop. When pulled over by a police officer stay in the car, turn on the cab lights and keep your hands on the steering wheel. Sit still, relax and wait for the officer to come to you. Any sudden movements, ducking down, looking nervous or appearing to be searching for something under your seat is dangerous! Just sit up naturally be still and try to put the officer at ease."
 Police officers like to ask the first question and that usually is, "do you know the reason I pulled you over?" The police officer is trying to get you to do two things, admit that you committed a traffic violation and to get you to "voluntarily" start a conversation with him.Remember the police officer is not your friend and should not be trusted! The only thing you should say is "I'm going to remain silent and am I free to go?"
 The police officer might start asking you personal questions such as "where are you going, where have you been and who did you see, ect." At that point it's the perfect time to exercise your rights by asking the police officer "AM I FREE TO GO?" There is NO legal requirement that American citizens provide information about their comings and goings to a police officer. It's none of their damn business! Keep asking the police officers "AM I FREE TO GO?" You have to speak up and verbally ask the police officer if your allowed to leave, otherwise the courts will presume that you wanted to stay and talk to the cops on your own free will.
 Passengers in your vehicle need to know their rights as well. They have the same right not to talk to a police officer and the right to refuse a search "unless it's a 'pat down' for weapons." The police will usually separate the passengers from each other and ask questions to see if their stories match. All passengers should always give the same answer and say, "I'm going to remain silent and am I free to go?" Remember you have to tell the police officer that you don't want to talk to him. It's the law 
 How long can a police officer keep you pulled over "detained" during a traffic stop? The Supreme Court has said no more than 15 minutes is a reasonable amount of time for a police officer to conduct his investigation and allow you to go FREE. Just keep asking the police officer "AM I FREE TO GO?"
 A good time to ask  "AM I FREE TO GO,"  is after the police officer has given you a "warning or a ticket" and you have signed it. Once you have signed that ticket the traffic stop is legally over says the U.S. Supreme Court. There's no law that requires you to stay and talk to the police officer or answer any questions. After you have signed the ticket and got your license back you may roll up your window, start your car and leave. If you're outside the car ask the police officer, "AM I FREE TO GO?" If he says yes then get in your car and leave.


Car Searches And Body Searches
Remember the police officer wouldn't be asking you, if he didn't need your permission to search! "The right to be free from unreasonable searches is one of America's most precious First Liberties."
  Just because you're stopped for a traffic violation does NOT allow a police officer to search your car. However if you go riding around smoking a blunt and get pulled over, the police officer smells marijuana, sees a weapon or drugs in plain view he now has "probable cause" to search you car and that's your own stupid fault!
 Police officers swore an oath to uphold the U.S. Constitution and not to violate your rights against unreasonable search and seizure Fourth Amendment.  Denying a police officers request to search you or your car is not an admission of guilt, it's your American right! Some police officers might say, "if you have nothing to hide, you should allow me to search." Politely say to the police officer "I don't consent to a search and am I free to go?"
 The police officer is allowed to handcuff you and/or detain and even put you in his police car for his safety. Don't resist or you will be arrested! There's a big difference between being detained and being arrested. Say nothing in the police car! Police will record your conversation inside the police car, say nothing to your friend and don't talk to the police officers!
 If you are arrested and your car is towed, the police are allowed to take an "inventory" of the items in your car. If anything is found that's illegal, the police will get a warrant and then charge you with another crime.


Police Pat Downs...
  For the safety of police officers the law allows the police to pat down your outer clothing to see if you have any weapons. If the police officer feels something that he believes is a weapon, then he can go into your pockets and pull out the item he believes is a weapon.
 A police officer may ask you or even demand that you empty your pockets, but you have the right to say "NO, AM I FREE TO GO?" There's NO law that requires you to empty your pockets when a police officer "ask you." The only time a police officer should be taking your personal property out of your pockets is after you have been arrested.
  
If a Police Officer Knocks at Your Door at Home-You Don't Have to Open the Door!
 If the police knock and ask to enter your home, you DON'T have to open the door unless they have a warrant signed by a judge. "If the police have a warrant they won't be knocking, they'll be kicking in your door!" There is NO law that requires you to open your door to a police officer.*  Don't open your door with the chain-lock on either, the police will shove their way in. Simply shout to the police officers "I HAVE NOTHING TO SAY" or just don't say anything at all.
 Guest and roommates staying in your home/apartment/dorm need to be aware of their rights specially "college students" and told not to open the door to a police officer or invite police officers into your home without your permission. Police officers are like vampires, they need your permission to come into your home. Never invite a police officer into your home, such an invitation not only gives police officers an opportunity to look around for clues to your lifestyle, habits, friends, reading material, etc;  but also tends to prolong the conversation.

 If you are arrested outside your home the police officer might ask if you would like to go inside and get your shoes or a shirt? He might even be nice and let you tell your wife or friend goodbye, but it's a trick! Don't let the police officer into your house!
 Never agree to go to the police station if the police want to question you. Just say, "I HAVE NOTHING TO SAY."
 * In some emergency situations (for example when a someone is screaming for help from inside your home, police are chasing someone into your home, police see a felony being committed or if someone has called 911 from inside your house) police officers are then allowed to enter and search your home without a warrant.  
 Children have rights also, if you're under 18 click here. If your children don't know their rights and go talking to a teacher, school principal, police officer or a Federal agent without an attorney could cost your family dearly and change the lives of your family forever!  
If a Police Officer Stops You On The Sidewalk...
 NEVER give consent to talk to a police officer. If a police officer stops you and ask to speak with you, you're perfectly within your rights to say to the police officer "I do not wish to speak with you, good-bye. "New Law  At this point you should be free to leave. The next step the police officer might take is to ask you for identification. If you have identification on you, tell the officer where it is and ask permission to reach for it. "Some states you're not required to show an I.D. unless the police officer has reasonable suspicion that you committed a crime." Know the laws in your state!
 The police officer will start asking you questions again, at this point you may ask the officer "Am I Free to Go?" The police officer may not like this and may challenge you with words like, "If you have nothing to hide, why won't you speak to me?" Just like the first question, you do not have to answer this question either. Just ask "Am I Free to Go?"
  Police officers need your permission to have a conversation, never give it to them. There is NO law that says you must tell a police officer where you are going or where you have been, so keep your mouth shut and say nothing! Don't answer any question (except name, address and age) until you have a lawyer.

Probable Cause...
 A police officer has no right to detain you unless there exists reasonable suspicion that you committed a crime or traffic violation.  However a police officer is always allowed to initiate a "voluntary" conversation with you. You always have the right not to talk or answer any questions a police officer ask you. Just tell the police officer "I'm going to remain silent."
  Under the Fourth Amendment of the U.S. Constitution, police may engage in "reasonable" searches and seizures.  To prove that a search is reasonable, the police must generally show that it's more likely than not that a crime has occurred and that if a search is conducted it is probable that the police officer will find evidence of the crime. This is called "probable cause."

  Police may use first hand information or tips from an informant "snitch" to justify the need to search your property or you. If an informant's information is used, the police must prove that the information is reliable under the circumstances to a judge.

  Here's a case when police officers took the word of a "snitch," claiming he knew where a "drug dealer" lived. The police officers took it upon themselves to go to this house that the snitch had "picked at random" and kick in the door at 1:30 in the morning ,without obtaining a search warrant from a judge. The aftermath was six police officers firing over 30 shots and shooting an innocent man 9 times in the back as he laid on the ground.  Read How Police In Texas Are Allowed to Murder Innocent People and Get Away With It

Can We Trust Police Officers?
  Are police officers allowed to lie to you? Yes the Supreme Court has ruled that  police officers can lie to the American public. Police officers are trained at lying, twisting words and to be manipulative. Police officers and other law enforcement agents are very skilled at getting information from people. So don't try to "out smart" the police officer or try being a "smooth talker" because you will loose! If you can keep your mouth shut, you just might come out ahead more than you expected.
  Teach your children that police officers are not always their friend and police officers must contact a parent for permission before they ask your child any questions. Remember police officers are trained to put you at ease and to gain your trust. Their job is to find, arrest and help convict a suspect and that suspect is you!
 The federal government created a law that says citizens can't lie to Federal Agents and yet the government can lie to American Citizens. Makes perfect since doesn't it? The best thing you can do is ask for a lawyer and keep your mouth shut. How can you be charged with something if you haven't said anything?
  Although police officers may seem nice and pretend to be on your side they are wanting to learn your habits, opinions, and affiliations of other people not suspected of wrongdoing. Don't try to answer a police officers questions, it can be very dangerous! You can never tell how a seemingly harmless bit of information that you give to a police officer might be used and misconstrued to hurt you or someone else. Keep in mind that lying to a federal agent is a crime. "This why Martha Stewart went to prison, not for insider trading but for lying to a Federal Agent."
 Police officers may promise shorter sentences and other deals for statements or confessions from you. The police cannot legally make deals with people they arrest, but they can and will lie to you. The only person who can make a deal that can be enforced is the prosecutor and he should not talk with you without a lawyer present.

Lies That Police Officers Use To Get You To Talk...
 There are many ways a police officer will try to trick you into talking. It's always safe to say the Magic Words: "Am I free to leave, if not I'm going to remain silent and I want a lawyer."
 The following are common lie's the police use when they're trying to get you to talk to them:
*  "You will have to stay here and answer my questions" or "You're not leaving until I find out what I want to know."
*  "I have evidence on you, so tell me what I want to know or else." (They can fabricate fake evidence to convince you to tell them what they want to know.)
*  "You're not a suspect, were simply investigating here. Just help us understand what happened and then you can go."
*  "If you don't answer my questions, I won't have any choice but to take you to jail."
*  "If you don't answer these questions, you'll be charged with resisting arrest."
* "Your friend has told his side of the story and it's not looking good for you, anything you want to say in your defense?"
 
If The Police Arrest You...
 
"I DON'T WANT TO TALK UNTIL MY LAWYER IS PRESENT"
* Don't answer questions the police ask you, (except name, address and age)until you have a lawyer.
* Even if the police don't read your Miranda Rights to you, refuse to say anything until your lawyer/public defender arrives. If you "voluntarily" talk to the police , then they don't have to read your Miranda Rights.
* If you're arrested and can not afford an attorney, you have the right to a public defender. If you get a public defender always make it clear to the judge that the public defender is not representing you, but merely is serving as your counsel.
* Do not talk to other jail inmates about your case.
* Within a reasonable time after your arrest or booking, you have the right to make a local phone call to a lawyer, bail bondsman, relative or any other person. The police may not listen to the call to the lawyer.
* If you're on probation or parole tell your P.O. you've been arrested and say nothing else!

COMMENT
Yesterday, when I was discussing this law with a group, a citizen asked "If you have nothing to hide, why not comply with the officer?" I answered with a sime question: "If the police have no probably cause, why are they intruding into my life?"
When did government intrusion become patriotic or accepted? For heaven's sake, this country was founded on the government staying out of our lives.
Lawyer Motorcycle Association
If a police officer demands that you produce identification, that demand is not a valid.
In The Hiibel case, the US Supreme Court (highest court in the land) specifically interprets Nevada's "Duty to Identify" statute (NRS 171.123) and ruled:
"It apparently does not require him to produce a driver's license or any ...other documentation. If he chooses either to state his name or communicate it to the officer by other means, the statute is satisfied and no violation occurs." Hiibel v Sixth Judicial Court of Nevada, 542 US 177 (2004)
Please note: the driver of a vehicle is required to produce a driver's license under a different law (but NOT the passenger)
 COMMENT`
Don’t kill a cop. You will lose in Court. Enjoy life, get even as a juror (providing you’re eligible for jury service) and vote not guilty no matter what the evidence shows.
Slapstick and Pig,
If driving or riding and you have been pulled over, turn over your license, registration and insurance when asked. If cop starts asking ANY questions simply ask “am I free to leave?” If cop says “yes” then leave. If cop says “no” then say I “want a lawyer.” And continue to remain silent!
If walking down street and cop detains you in any way ask if you are free to go about your business. If cop says no then request a lawyer and remain silent. You do NOT have to take off your glasses, hat, do-rag, whatever … You do NOT have to turnover your cell phone. Do NOT allow a cop to search you or your house, car, bike, etc. without a warrant. When the cop does search without a warrant in violation of your Constitutional Rights immediately file a complaint against that cop. Immediately! Go to the cops station/division and file that complaint.
Cops put paper on us, we put paper on them. That simple.
And ALWAYS password protect your cell phone. Cops can search your cell phone in many instances without a warrant. Remain silent and don’t give up the password.
All of the above aggravates the shit out of cops. I know, I have done it many times.

↧
Search

DISCLAIMER 7 / 31 / 2013

July 31, 2013, 12:59 am
$
0
0
DISCLAIMER : If I decide to share a news story with you the act of sharing does not necessarily mean that I endorse, agree, share opinion, or even think in the manner expressed by the article. It is here for discussion, debate, criticism, and conversation. Nothing more, nothing less. You have been warned.

The Bikers of America, “THE BIKERS OF AMERICA (THE PHIL and BILL SHOW)” are neutral ground. (LEO's and NARC`S are NEVER welcome!) This site has NO club affiliation, we're only here to spread the news Always remember, the feds monitor this site, so watch what you post. This is a 1%er site in case you forgot.

Thank you 
Screwdriver & Bill
↧
↧

Bumper sticker now probable cause?

July 31, 2013, 12:59 am
$
0
0
OFF THE WIRE
Not one fucking word about a lack of probable cause. If these cops had pulled me over for a bumper sticker, shit would have gotten real ugly.
"Bonnie Jonas-Boggioni, 65, and her husband were driving home to Plano, Texas from Columbus after attending her mother-in-law’s funeral when a pair of black police SUV’s stopped the couple a few miles outside of Memphis.
“Knowing I wasn’t speeding, I couldn’t imagine why,” Jonas-Boggioni told the Columbus Dispatch. “They were very serious. They had the body armor and the guns.”
On the back of Jonas-Boggioni’s car was a Buckeye leaf decal, similar to the one players’ have on their helmets, and cops mistakenly thought it was marijuana leaf.
Yes, really.
“What are you doing with a marijuana sticker on your bumper?” one of the cops asked Jonas-Boggioni."

http://www.latimes.com/news/nationworld/nation/la-na-domestic-drones-20130216,0,3374671.story
"If there must be trouble, let it be in my day, that my child may have peace."

Thomas Paine
↧

CA - New style from 7eye - The Rocker!

July 31, 2013, 12:59 am
$
0
0
New style from 7eye - The Rocker!
Goes from day to nite & You can put your RX if needed. Post on their page for more info:https://www.facebook.com/7eyeeyewear

Check out our ROCKER! Awesome new style that goes from day to night Fast & Easy. Like two pairs of glasses in one! It has a hassle free interchangeable lens module. State of the art design provides protection from wind and airborne debris and comes with an adjustable custom fit! It has a hassle free interchangeable lens module. For more info call 866.484.0292.
Check out our ROCKER!
Awesome new style that goes from day to night Fast & Easy. Like two pairs of glasses in one!
It has a hassle free interchangeable lens module. State of the art design provides protection from wind and airborne debris and comes with an adjustable custom fit! It has a hassle free interchangeable lens module. For more info call 866.484.0292.
↧

Assertion of Rights..

August 1, 2013, 12:58 am
$
0
0
Assertion of Rights
Officer, Please understand:
I have the right to have an attorney present if you want to question me or conduct any search of my body or personal effects.  I am not giving my consent to any type of search.
If I am under arrest, I wish to invoke and exercise my Miranda Rights.  I would like to speak to an attorney now.  I do not want my personal property impounded, nor do I consent to any impounment.  I request the opportunity to secure my personal effects.
If I am not under arrest, please tell me immediately so that I may leave.
If you are stopped for questioning:
1. It's not a crime to refuse to answer questions, but refusing to answer can make the police suspicious about you.  You cannot be arrested for merely refusing to identify yourself on the street.

2. Police may "pat down" your clothing if they suspect a concealed weapon.  Don't physically resist, but make it clear you don't consent to further search.

3. Ask if you are under arrest.  If you are, you have the right to know why.

4. Don't badmouth the police officer or run away, even if you beleive what is happening is unreasonable.  That could lead to your arrest.
If you are stopped in your car:
1. Upon request, show them your driver's license, registration, and proof of insurance.  In certain cases, our car can be searched without a warrant as long as the police have probable cause.  To protect yourself later, you should make it clear that you do not consent to a search.  It is not lawful for police to arrest you simply for refusing to consent to a search. 
2. If you are given a ticket, you should sign it, otherwise you could be arrested.  You can always fight the case in court later.  If you are suspected of drunk driving (DWI) and refuse to take a blood, urine, or breath test, your driver's license may be suspended.
 While there are a lot of good LEOs out there just trying to do a hard job, there is no way to tell the good ones from the bad.  For your own protection, consider what you read here and know your rights.What the Police preferred you didn't know
Have you ever heard of the old saying "ignorance of the law is no excuse?" Basically that's how police officers and some judges feel about your constitutional rights. What you don't know and never were taught in school could hurt you!

Police officers are generally depicted as public servants, but they can be your worst enemy when they count on people like you not being knowledgeable of their constitutional rights. Just because you or your children didn't know they had rights under the constitution and gave up those rights by talking to a police officer or a federal agent without an attorney could cost you dearly. This includes even a casual conversation that could happen on a traffic stop or on a sidewalk
Educate your kids. Minors have Rights!
What To Do If A Police Officer Stops You
To stop you a police officer must have a specific reason to suspect your involvement in a specific crime and should be able to tell you the reason. This is known as reasonable suspicion. Most times you are probably getting pulled over for a traffic violation such as speeding or maybe a tail light is out. Although the stop may seem wrong or unfair, the police believe they have a reason to stop you
Your Rights During a Police Encounter. Rules you should know to protect yourself from the police:
Rule #1 - Never talk to a police officer. Keep your mouth shut! (You never have to answer any questions a police officer may ask, except for your name, address and date of birth.)
Rule #2 - Never talk to a police officer. Keep your mouth shut! (How can you be charged with something if you haven't said anything?) Remember anything you say or do can be used against you.
Rule #3 - "Am I Free to Go?" As soon as a police officer ask you a question, ask the police officer, "Am I Free to Go?" If you are detained or arrested by a police officer, tell them that you are going to remain silent and that you would like to see a lawyer.
Rule #4 - Safety. Never bad-mouth a police officer. Stay calm and in control of your words, body language and your emotions. Always keep your hands where the police officer can see them. Don't run away and never touch a police officer!
Rule #5 - Refuse to Consent to Searches. Just say NO to searches! Remember if the police didn't need your permission, they wouldn't be asking you. Never give permission to a police officer to search you, your car or your home. If a police officer does search you, don't resist!
Rule #6 - Ask for a Supervisor. If all else fails and you feel the police officer is abusing your rights, ask him to call his "supervisor" to your location.
Traffic Stops
You usually will be required to show the usual documentation, such as your driver's license, registration and proof of insurance. You don't have to open your window more than a crack to hand it out.
On traffic stops the police usually will ask you "personal" questions such as, where are you going, where have you been, who did you see, how long did you visit, ect. At that point it's the perfect time to exercise your RIGHTS by asking the police officer, "AM I FREE TO GO?" There is NO legal requirement that citizens provide information about their comings and goings to police officers! Another words it's none of the police officers damn business!If you are ordered out of your car, lock the door behind you.
Remember that the officer is not trying to be your buddy and become a new friend, they are on a "fishing expedition" to find something against you! They have nothing criminal on you, so they're looking for anything while they have you pulled over.
A good time to ask "AM I FREE TO GO," is after the cop has given you a "warning" or a "ticket" and you have signed it. Once you have signed that ticket the traffic stop is legally over with, so says the Supreme Court. Now if you want to stand around and shoot the breeze with the officer or answer his questions, that is up to you. Just remember you don't have to! After you sign the ticket ask, "AM I FREE TO GO?"

Anything You Say Can And Will Be Used Against You!
Staying silent will not hurt you. Do not let the police persuade you to talk. The officer may not like this and may challenge you with words like, "If you have nothing to hide, why won't you speak to me?" Just like the first question, you do not have to answer this one either. They may tell you that staying quiet will make things worse for you or that they'll go easy on you if you talk but this is not true!
You have every right NOT to talk to a police officer, and you shouldn't speak to them unless you have first consulted with a lawyer who has advised you differently. Some cops are worse than others and some of them may treat you differently if they think you know your rights. The police depend on fear and intimidation to get what they want.
If you run into a really bad cop, talking back to him and standing up for your rights might get you beaten up or killed, so be careful about the realistic limits of the law and of your rights as an American. Cops are perhaps the most dangerous members of our society, so be careful when you talk to them.
The Federal Supreme Court has ruled that as long as the police do not force an individual to do something, the individual is acting voluntarily, even if a normal person would feel very intimidated and would not reasonably feel they could say no. See (Florida v. Bostick, 1991)If you do what a policeman tells you to do before you are arrested, you are 'voluntarily' complying with their 'requests'.
Be as nice as possible, but stand firm on your rights! Read the Fourth & Fifth Amendment
CONSTITUTIONAL RIGHTS CANNOT BE SUSPENDED -- EVEN DURING A STATE OF EMERGENCY OR WARTIME !
Car Searches And Body Searches
Remember they wouldn't ask you if they didn't need your permission!
A police officers swore an oath to uphold the Constitution, not to violate your rights against unreasonable search and seizure. If a cop ask or tries to search you, your home or your car, say repeatedly "I DON'T CONSENT TO THIS SEARCH !"
"The right to be free from unreasonable searches is one of our most precious First Liberties"
You DON'T have to give consent to a law enforcement officer to search your vehicle or home. While you DON'T have to consent, bear in mind that the expectation of privacy in a car is less than the expectation of privacy in your home. Based in part on the lessened expectation of privacy in a car, law enforcement officers are permitted to conduct a warrantless search of a car if the officer has probable cause. "In most cases the police officer will lie and make up a probable cause."
Just for being stopped for a traffic violation should not allow the officer to search your car; however, if the officer saw you throw an empty beer can out the window, that may be sufficient probable cause to search your car. If the officer "thinks" he smells marijuana as he approaches the car, he then may use that as probable cause to search you car.
Police Pat Downs...
The law allows police to pat down your outer clothing for the protection of the officer if you're being detained. The officer may only pat your outer clothing to see if you have any weapons. If the police feel something that could be a weapon, then the police can go into your pockets and search. Otherwise a police officer CAN'T go through your pockets or make you empty your pockets unless you are under arrest.
To protect yourself, make it clear that you "don't consent to a search" and ask why they are searching you. Remember the reason they give you. If they claim to have a warrant, ask to see it. Whether or not they have a warrant, you can protect your CONSTITUTIONAL RIGHTS by making it clear that you do not consent to a search.
If the Police Knock at Your Home-You Don't Have to Open the Door!
If the police knock and ask to enter your home, you DON'T have to open the door unless they have a warrant signed by a judge. Such an invitation not only gives the police officer the opportunity to look around for clues to your lifestyle, friends, reading material, etc; but also tends to prolong the conversation.
There is no law that says you have to open your door to a police officer. Don't open your door with the chain-lock on either, the police can shove their way in. Police are known to kick in doors. Simply shout "I HAVE NOTHING TO SAY!"
If the police do have a search warrant, ask to see it and make sure that it is signed, has the correct date, correct address, and apartment number, ect.
* In some emergency situations (like when a person is screaming for help inside, or when the police are chasing someone) officers are allowed to enter and search your home without a warrant.
NEVER agree to go to the police station for questioning. Simply say, "I HAVE NOTHING TO SAY."
If a Police Officer Stops You On The Sidewalk...
You are perfectly within your rights to say to the officer who asks to speak with you, "Officer I do not want speak with you, good-bye." At this point you should be free to leave the officer's presence. The officer may not like this and may challenge you with words like, "If you have nothing to hide, why won't you speak to me?" Just like the first question, you do not have to answer this question either.
There is NO law that says you must tell a police officer where you are going or where you have been. So keep your mouth shut and say nothing!
The next step the police officer might take is to ask for identification. If you have identification on you, tell the officer where it is and ask permission to reach for it.  Some states do not require you to show identification, be aware of the laws in your state.
Probable Cause...
A police officer has no right to detain you unless there exists reasonable suspicion that you committed a crime or traffic violation. However a police officer is always allowed to initiate a voluntary conversation with you.
Sometimes it is unclear whether or not a person is detained. If you are in doubt, you should ask the police officer if you are in "Am I Free to Leave." Now if the police officer doesn't have "probable cause", and you refuse him to search your car, he might bring in a drug dog. At this point since the officer has no probable cause, he may be illegally detaining you. 
Under the Fourth Amendment to the U.S. Constitution, police may engage in "reasonable" searches and seizures. To prove that a search is "reasonable," the police must generally show that it is more likely than not that a crime has occurred, and that if a search is conducted it is probable that they will find either stolen goods or evidence of the crime. This is called "probable cause."
Police may use first hand information, or tips from an "informant" to justify the need to search your property. If an informant's information is used, the police must prove that the information is reliable under the circumstances.
Here is a case where the police used an "informant's" word and the police officers took it upon themselves to kick in a door of a home at 1:30 in the morning without obtaining a search warrant. The aftermath was six police officers firing over 30 shots and shooting an innocent man 9 times in the back as he laid on the ground. Read Story
What You Don't Know Could Change Your Life Forever...
You might be wondering, don't police tell me that I have the right not to be searched? After all when a suspect is arrested, he is told before interrogation takes place that he has the right to remain silent.
The Supreme Court has said NO. According to the Court, the fact that a person might not know he has the right to refuse a search is merely one factor in the determination of whether his consent is voluntary. The Court has reasoned that the police do not need to give warnings -- to eliminate any doubt about the suspect's knowledge of her rights -- because warnings might detract from the informality of an otherwise "friendly" interaction between "civilians and the police." So you might ask yourself, is someone that would use something against you really a "friend?"
The Supreme Court has explained that "the community has a real interest in encouraging consent, for the resulting search may yield necessary evidence for the solution and prosecution of crime...." Furthermore, the Court has concluded, it would be "thoroughly impractical" to require an effective warning about the right to refuse.
Can We Trust the Cops?
Are police officers allowed to lie to you? Yes the Supreme Court has ruled that a police officer can lie to a citizen while questioning them. Police officers are very good at lying, twisting words and they are trained to be manipulative. Police officers and other law enforcement agents are very skilled at getting information from people. So don't try to out smart the cop or try being a smooth talker because you will loose! If you can keep your mouth shut, you might just come out ahead more then you expected.
The federal government made a law that says citizens can't lie to federal agents. They can lie to us, but we can't lie to them. Makes perfect since don't it? The best thing you can do is ask for a lawyer and keep your mouth shut. How can you be charged with something if you haven't said anything?
Although police officers may seem nice and pretend to be on your side, they are likely to be intent on learning about the habits, opinions, and affiliations of people not suspected of wrongdoing, with the end goal of stopping political activity with which the government disagrees. Don't try to answer the police officers questions, or try to "educate them" about your cause, it can be very dangerous! You can never tell how a seemingly harmless bit of information that you give the police officer might be used and misconstrued to hurt you or someone else. And keep in mind that lying to a federal agent is a crime.
Officers may promise shorter sentences and other deals for statements or confessions. The police cannot legally make deals with people they arrest. The only person who can make a deal that can be enforced is the prosecutor, and he should not talk with you without a lawyer present who represents you.
Teach your children that the cops are not always their friends, and the police officer must contact a parent for permission to ask your child any questions. Remember that the police are trained to put you at ease and to get you to trust them. Their job is to find, arrest and help convict a suspect. And that suspect is you!
Lies That The Police Use To Get You To Talk...
There are many ways the police will try to trick you into talking. Its always safest just to say the Magic Words: I'm going to remain silent and I want a lawyer.
The following are common lie's the police use when they're trying to get you to talk:
* "You will have to stay here and answer my questions" or "You're not leaving until I find out what I want."
* "I have evidence on you. Tell me what I want to know or else." (They can fabricate ''fake'' evidence to convince you to tell them what they want to know.)
* "You're not a suspect. Were simply investigating here. Just help us understand what happened and then you can go."
* "If you don't answer my questions, I won't have any choice but to take you to jail."
* "If you don't answer these questions, you'll be charged with resisting arrest."

If The Police Arrest You...
If you are arrested, the police can search you and the area close by. If you are in a building, "close by" usually means just the room you are in. If during a search or an arrest the police take anything from you, they must give you a receipt for every item seized, including your wallet and its contents, clothes, and any packages you were carrying when arrested.
"I DON'T WANT TO TALK UNTIL MY LAWYER IS PRESENT"
* Even if your rights weren't read, refuse to talk until your lawyer/public defender arrives.
* If your arrested and can not afford an attorney, you have the right to a public defender. If you get a public defender always make it clear that the public defender is not representing you, but merely is serving as your counsel.
* Do not talk to the inmates in jail about your case.
* Within a reasonable time after your arrest, or booking, you have the right to make a local phone call: to a lawyer, bail bondsman, a relative or any other person. The police may not listen to the call to the lawyer.
* If you're on probation or parole, tell your P.O. you've been arrested, but nothing else.
* You may be released with or without bail following the booking. If not, you have the right to go into court and see a judge the next court day after your arrest. Demand this RIGHT! When you appear before the judge, ask for an attorney. An attorney has a better chance at convincing a judge to let you out on a lower bail then you could.
When to talk to the Police
Video that explains your rights.

↧

Espinoza`s leathers, check it out....

August 1, 2013, 12:58 am
↧
↧

CALIFORNIA - DOWN AT THE YARD, CAR AND BIKE SHOW 9/8//2013

August 1, 2013, 12:58 am
↧

USA - A HISTORY OF BIKERS RIGHTS IN AMERICA

August 1, 2013, 12:58 am
$
0
0
OFF THE WIRE
A HISTORY OF BIKERS RIGHTS IN AMERICA
 As Seen By Bill Bish NATIONAL COALITION OF MOTORCYCLISTS
About 30 years ago, bikers across America got sick and tired of being told by a bunch of Washington bureaucrats and local politicians who'd never thrown a leg over a motorcycle what they HAD TO WEAR, how they HAD TO RIDE, and what our BIKES HAD TO BE BUILT LIKE!! And over the years, motorcyclists have organized themselves into a viable political force. We are one of the few TRUE grass roots movements in the country. Others may share an avocation, profession or recreation, but they don't share the passion. Bikers have succeeded in taking their passion and turning it into a movement...a "Freedom Movement," because we have the passion for freedom. Freedom is something we believe in, and that motorcycling is just one very enjoyable way to experience it. Well folks, that passion will always be inside you, each of you, the Harley, Honda, Yamaha, BMW or Triumph rider, from the doctor to the construction worker. And that motorcycle will remain an outlet for that passion...as long as we continue to bypass the barriers of appearance or ego and work together to preserve our right to ride. And that's what our movement is all about...a diverse bunch of people, most of us staunch individualists, but with one common denominator and a common goal...Freedom Of The Road. The kind of camaraderie that brought the first two motorcycle riders together to share a ride down a country lane is the same kind of camaraderie that formed our early motorcycle clubs and associations and, eventually, our motorcycle rights organizations. Motorcycle Rights Organizations (MRO's) as we now know them started developing in the early 70's, after the first national helmet effort caused almost every state to pass mandatory lid laws. Since then motorcyclists have never been strangers to political activism. In fact, early motorcycle riders were among the first special interest groups to lobby for better roads. At the turn of the 20th Century as Indian footpaths and trails became rough and rutted dirt roads, motorcycles served as a primary form of transportation, and motorcyclists became vocal about improving the road conditions. Later, riders were among the first groups to push for an interstate highway system. YOU HAVE TO KNOW WHERE YOU'VE BEEN TO KNOW WHERE YOU'RE GOING! My name is Bill Bish, and I'm the former Executive Coordinator of the National Coalition of Motorcyclists and Aid to Injured Motorcyclists (AIM & NCOM), and have been active in bikers rights for over fifteen years. I have served in various state positions with ABATE of California, including two terms as Chairman of the Board and two terms as State Director. Sooo, for you history buffs, I'll try to piece together some of our early beginnings, with apologies to those who were there from the start. I wasn't, so this is only from my early conversations with people like Deacon Dave Phillips, Ron Roloff, Keith Ball, Sherm Packard and others who WERE there, as well as my own research and admittedly spotty memory. But, to help validate this version of Biker History, I ran the article by most of the people mentioned herein. Through NCOM and ABATE of California, I have traveled across the United States to preach unity and spread information, and I will always treasure my memories of the places that bikers' rights has taken me and the friendly faces that have greeted me. Because our issue is so emotional and deeply personal, I have developed close relationships with many Freedom Fighters throughout the country who I am proud to call Brothers and Sisters. It was this deep sense of "family" within the motorcycle rights community that inspired me to trace our Family Tree. Much has been said of the coming new millennium, and of the opportunities and pitfalls our future holds in store, but one thing is certain...YOU CAN'T KNOW WHERE YOU'RE GOING UNLESS YOU KNOW WHERE YOU'VE BEEN! With that thought in mind, I'd like to take you on a brief trip down memory lane, as we open up our Family Album and retrace our History as a bikers' rights movement here in the United States. Don't worry, there won't be a test, and hopefully this brief history lesson will be at least as interesting as your High School History classes!
Easyriders magazine editor Lou Kimzey issued a plea in issue #3, October 1971, for bikers to come together to fight impending restrictions from the National Highway Transportation Safety Administration (NHTSA) by joining a new national bikers' rights organization called the National Custom Cycle Association, but because of a conflict with the acronym the name was changed in February 1972 to A Brotherhood Against Totalitarian Enactments (ABATE). I recall Joe Teresi, publisher of Easyriders, telling me that they had a contest around the office to come up with a new name, and one of the secretaries came up with "ABATE". He told me they were on deadline and had to come up with a logo real fast, so they took a stylized German eagle and transformed it into the logo used by many ABATE's to this day. Keith Ball was just 22 when he became the original ABATE manager in 1971, and he later became editor of Easyriders and the National Director of ABATE. He recently retired from Easyriders as the Editorial Director and Executive Vice President of Paisano Publications and went into retirement, though he now operates an internet site called Bikernet.com which still focuses on bikers' rights. Easyriders began granting state charters in 1974, and ABATE's which came into existence around this time were chartered in Kansas, Virginia, Maryland, Pennsylvania, South Carolina and New York; and also MMA of California, MMA of Massachusetts, New Hampshire Motorcycle Rights Organization, Rhode Island Motorcycle Association, Connecticut Motorcycle Rights Association, and the Wisconsin Better Bikers Association. Easyriders published phone numbers, contacts and legislative news, and the bikers rights network began to grow. The Modified Motorcycle Association of California was founded at the same time as many ABATEs.

The original federal helmet mandates, which were instituted in 1966 by Congress and later repealed in 1976, were designed by the U.S. DOT (Department of Transportation) as a means to restrict modified or customized "choppers" which they deemed unsafe. Especially extended forks and apehangers which were popular. Deacon, founder of ABATE of California, once related to me that the 60's fad of ridiculously high sissy bars came about because the government started requiring "grab bars" for passenger safety, so the riders of the day flaunted the law by building them as long and garish as they could get by with. Almost every state during this time began passing handlebar height restrictions, eyewear requirements, motorcycle licensing requirements, lights-on laws and other equipment regulations and many other restrictions. The government claimed that the restriction against our "Freedom Machines" were coming down the pike to make motorcycle riding "safer". Funny, but back in the sixties they just wanted to force bikers off the streets. Publicly they tooted that they wanted to SAVE US from ourselves!

In most states, before motorcyclists became politically organized, the clubs were the first to fight helmet laws and other restrictions. In many instances clubs founded the states' motorcycle rights organizations. Before MMA or ABATE of California came into existence, the Hells Angels M/C and Ralph "Sonny" Barger in particular had succeeded in keeping the state of California helmet-free even though Congress had passed legislation in 1966 requiring every state to pass a helmet law or lose 10% of their federal highway funds, (this should sound familiar, since we just recently faced the same type of national helmet law in the nineties). Rumors still circulate around Sacramento about 1,000 Hells Angels on the Capitol lawn, and HA's camped out on the door steps of legislative opponents. Soon the old intimidation tactics wore thin and club leaders realized that they needed to legitimize their efforts by creating a more sophisticated political lobbying arm. In the case of California, the Hells Angels founded the MMA of California. Various states have similar history with local clubs which were the roots of their MRO.

About this same time, the American Motorcyclist Association began to recognize the motorcyclists rights movement and they established the AMA Government Relations Department, but not until 1976. As the rights movement grew, Don Pittsley, a member of the Huns M/C in Connecticut convinced his congressman, Rep Stewart Mckinney, to introduce H.R.3869 to end the Federal authority to withhold highway funds from states without helmet laws. In July of 1975, Rob Rasor of the AMA, Ron Roloff of MMA and Ed Armstrong of ABATE of Chicago presented the House Sub-Committee on Surface Transportation with convincing testimony to repeal the mandates. California was being sued by the DOT, because Governor Ronald Reagan refused to comply with the federal mandate. Roloff helped convince California Senator Alan Cranston to offer the language of the bill as an amendment to the 1975 Federal Highway Act, which passed with overwhelming support from the California delegation because of the impending lawsuit. It was signed by President Gerald Ford on May 5, 1976. Not bad for a rag tag bunch of bikers with little or no previous political ambitions.

Spurred on by many successful protest rallies around the country following the national helmet law repeal, 30 state laws were repealed. ABATE, MMA and other motorcycle rights organizations sprang up in every state across the country and are now a fixture in state houses. There were several failed attempts to start a national motorcycle rights organization, including Easyriders'. In 1985 the Motorcycle Rights Fund (MRF - later changing their name to Motorcycle Riders Foundation) hosted their first Meeting of the Minds conference, and a few months later, in 1986, the National Coalition of Motorcyclists (NCOM) held their first National Convention. Motorcycling leaders realized the need for a united voice and the necessity of networking and communications, and both the MRF and NCOM grew and have become effective partners with state MRO's in protecting riders' rights on the federal, state and local fronts.

The concept of unity was put to the test in the early 1990's, when Congress again attempted to force states into passing helmet laws, and American motorcyclists came together en masse, and in a coordinated effort between the MRF and NCOM virtually every state sent representatives from their State MRO to walk the hallowed halls of Washington, D.C., in search of their U.S. Senators and Representatives. The grand lobbying experiment WORKED, and in just FOUR YEARS bikers were able to convince Congress to once again repeal their misdirected and misguided "nanny" law and return the decision to the individual states. That same legislation also repealed the 55 mph minimum speed limit! Soon afterwards, Arkansas modified their mandatory helmet law to allow Freedom of Choice for adult riders 21 and older. Texas soon followed, as well as Kentucky, Louisiana and, most recently, Florida. Today, the scoreboard reads 20 Helmet Law States vs. 30 Free Choice States!

As a result of our newfound political clout, motorcyclists have successfully approached Congress twice over the past few years, first in 1996 to grant federal protections against insurance discrimination based on mode of transportation because many companies (most notably Ruger Firearms and the Teamsters Union) were denying medical benefits to employees injured in motorcycle accidents). Although this legislation was recently nullified by new federal regulations written in the waning days of the Clinton Administration, this nationwide effort was textbook politics at its best. The fight continues but the movement WILL succeed in reinstating the intent of Congress to protect us against insurance discrimination. Then, in 1998, motorcyclists united once again to put together a pro-active agenda for bikers, and succeeded in lobbying it through Congress. Included in this "wish list" for bikers was a guarantee that motorcyclists would be included during the development of the Intelligent Transportation System (ITS) technology, which ensures that motorcycles are guaranteed access to any and all roads built with the use of federal highway funds (no road bans). This effort will restrict anti-motorcycle lobbying efforts by NHTSA and provides $131 million for recreational trails development and maintenance!

During this active span of time, many state rights groups have become proactive within their states instead of RE-acting to legislative threats. Minnesota passed our nation's first law to make it illegal to discriminate against someone because they ride a motorcycle. Arizona, Iowa, Oregon and Washington have successfully repealed or modified their state's handlebar height laws. Virginia and Illinois have lobbied their states to reinforce the federally guaranteed access to roads by passing laws to protect our rights to ride on any roads within their state boundaries. Virginia and Maryland amended their state's parking laws to allow more than one bike per metered space. And several states have fought and defeated "No Fault" insurance proposals that are unfair to motorcyclists. Also, now, through the work of the National Coalition of Motorcyclists, patch holders in nearly 40 states and two Canadian Provinces have come together to form Confederations of Clubs to fight discrimination and police harassment through the courts, bringing the motorcycle rights network full circle with the rejuvenated interest of the motorcycle club community.

While our early bikers' rights leaders paved our way, other dynamic and concerned riders have come forward to take the reigns and lead us into the new millennium. We should never forget the efforts and sacrifices of our predecessors who faced intimidation from law enforcement, indifference from legislators and animosity from a public that saw "The Wild One" one too many times. They got the job done. Were it not for their perseverance and dedication, we would not have become the respected and effective grass roots lobbying group that we are today.

So, there you have it. The roots of ABATE and the American motorcyclists' rights movement run deep in the hearts of those of us who have accepted and, in turn, passed on the torch of Freedom of the Road. To all those who came before, we salute you. Where will the future take us? That's entirely up to you. New restrictions on our freedom and our motorcycles are coming at us now from across the big pond If we don't increase our political strength, we may be looking at the last days of motorcycling as we know it. W need to protect the future of motorcycling against the upcoming European invasion! The biggest threat facing motorcyclists today is not necessarily from our own Government. It may very well be the EUROPEAN THREAT, as the strictest motor vehicle standards in the world are adopted as global standards. On June 25, 1998, the global motorcycle came closer to reality, as the United States, Japan and the 15 member countries of the European Union (EU) signed an agreement in Geneva, under the auspices of the United Nations, to develop global regulations concerning the safety performance of motor vehicles and equipment. So, the UNIVERSAL motorcycle is on it's way. The automotive and motorcycle industries have long advocated global uniformity of standards, because conflicting standards mean expensive design changes for each market. Unfortunately for motorcyclists, this means that European threats such as leg protectors, air bags, noise limits, horsepower restrictions and anti-tampering measures, will now become global issues. There are 300,000 new bikes sold in the USA each year, and 1,000,000 new bikes sold in Europe. Which standards do you think will apply? Construction standards could ban: Air-cooled engines, open chain drives, 2-stroke motors, self-tuning and customizing. Regulations will include Catalytic Converters to reduce emissions, along with reducing power and increasing fuel consumption, while driving up the cost of motorcycles. Medium/Long Term Threats in Europe include the following: Vintage/classics banished to museums, due to End-of-Life issues Construction standards mandated Using "Anti-Tampering" Sheer Bolts to prevent home maintenance and performance work. Armored, high visibility clothing. Bike bans on certain roads, in certain tourist areas and when pollution levels rise. Massive road tax increases and heavy-handed taxes on motorcycles. Multi-stage (tiered) licensing to ride a motorcycle, and very expensive. Yes, and research continues, even today, on leg protectors and air bags! Vision Zero: There's no such thing as an "accident" with today's technologically advanced vehicles. BUT motorcycles will always be subject to human errorŠtherefore they would be BANNED under this proposed Swedish plan which almost became official policy! Intelligent Transportation System: Basically, the purpose of ITS is to use technology to achieve a more efficient flow of traffic. But while the goal is safer, quicker travel, ultimately ITS technology will eliminate human error by taking control of the vehicle away from the driver. NHTSA promises active public participation in the development of the new global motor vehicle safety standards, with public meetings and comment periods as the plan is implemented, and Congress has promised that motorcycles will be included in any future ITS developments. Motorcyclists will have to ensure that our collective voice is heard during the planning stages. So, if we want to continue to ride free, we must spread the word to other concerned riders, to our youth, and to our legislators. Join a motorcycle rights group and support their efforts. Freedom will never die. --Bill Bish
http://www.ridersforjustice.com/Articles/A%20history%20of%20Biker%20Rights.htm
↧
Search

Babes of the Day - This is 18 and older. Rest assured I will offend you and rest assured I don't give a fuck! If you don't like crude hum or and think you will report me don't like my page. For those with the ability to laugh and take a joke welcome.

August 1, 2013, 12:58 am
↧

California Law makes helmet violations "fix-it" tickets (correctable).

August 1, 2013, 12:58 am
$
0
0
OFF THE WIRE
California Law makes helmet violations "fix-it" tickets (correctable).California Vehicle Code
     Division 17Notice to Correct Violation for Specified Infractions40303.5.    Whenever any person is arrested for any of the following offenses, the arresting officer shall permit the arrested person to execute a notice containing a promise to correct the violation in
accordance with the provisions of Section 40610 unless the arresting officer finds that any of the
disqualifying conditions specified in subdivision (b) of Section 40610 exist:

(a) Any registration infraction set forth in Division 3 (commencing with Section 4000).
(b) Any driver's license infraction set forth in Division 6 (commencing with Section 12500), and
subdivision (a) of Section 12951, relating to possession of driver's license.
(c) Section 21201, relating to bicycle equipment.(d) Any infraction involving equipment set forth in Division 12 (commencing with Section 24000                  (Where the helmet law is found.)),Division 13 (commencing with Section 29000), Division 14.8 (commencing with Section 34500),
Division 16 (commencing with Section 36000), Division 16.5 (commencing with Section 38000), and
Division 16.7 (commencing with Section 39000).

Amended Ch. 258, Stats. 1992. Effective January 1, 1993.
Notice to Correct Violation40610.   (a) (1) Except as provided in paragraph (2), if, after an arrest, accident investigation, or other
law enforcement action, it appears that a violation has occurred involving a registration, license, all-
terrain vehicle safety certificate, or mechanical requirement of this code, and none of the disqualifying
conditions set forth in subdivision (b) exist and the investigating officer decides to take enforcement
action, the officer shall prepare, in triplicate, and the violator shall sign, a written notice containing the
violator’s promise to correct the alleged violation and to deliver proof of correction of the violation to
the issuing agency.

(2) If any person is arrested for a violation of Section 4454, and none of the disqualifying conditions
set forth in subdivision (b) exist, the arresting officer shall prepare, in triplicate, and the violator shall
sign, a written notice containing the violator's promise to correct the alleged violation and to deliver
proof of correction of the violation to the issuing agency. In lieu of issuing a notice to correct violation
pursuant to this section, the officer may issue a notice to appear, as specified in Section 40522.

(b) Pursuant to subdivision (a), a notice to correct violation shall be issued as provided in this section
or a notice to appear shall be issued as provided in Section 40522, unless the officer finds any of the
following:

(1) Evidence of fraud or persistent neglect.

(2) The violation presents an immediate safety hazard.

(3) The violator does not agree to, or cannot, promptly correct the violation.

(c) If any of the conditions set forth in subdivision (b) exist, the procedures specified in this section or
Section 40522 are inapplicable, and the officer may take other appropriate enforcement action.

(d) Except as otherwise provided in subdivision (a), the notice to correct violation shall be on a form
approved by the Judicial Council and, in addition to the owner’s or operator’s address and identifying
information, shall contain an estimate of the reasonable time required for correction and proof of
correction of the particular defect, not to exceed 30 days, or 90 days for the all-terrain vehicle safety
certificate.Amended Sec. 27, Ch. 908, Stats. 2004. Effective January 1, 2005.
↧
↧

Know Your Rights When Dealing With Police Officers - 2013 Update

August 1, 2013, 12:59 am
$
0
0
OFF THE WIRE

A Police Officers Worst Enemy Is A Well Informed Citizen Who Knows Their Rights!

 Police officers hate to hear these words:
"Am I free to go?"
"I don't consent a search."
"I'm going to remain silent."

When a Police Officer Stops You

  To stop you a police officer must have a specific reason to suspect your involvement in a specific crime and should be able to tell you that reason when you ask. This is known as reasonable suspicion. A police officer usually will pull you over for some type of "traffic violation," such as speeding or maybe not using your blinker. Throwing a cigarette butt or a gum wrapper out your car window is reason enough for the police to pull you over, ticket you for littering and start asking you all sorts of personal questions.

Your Rights During a Traffic Stop. Top Five (5) Things to Know About Protecting Yourself from the Police:

 #1 - Safety. The first thing is your safety! You want to put the police officer at ease. Pull over to a safe place, turn off your ignition, stay in the car and keep your hands on the steering wheel. At night turn on the interior lights. Keep your license, registration, and proof of insurance always close by.
 Build a trust with the police officer be a "good citizen" be courteous, stay calm, smile and don't complain. Show respect and say things like "sir and no sir." Never bad-mouth a police officer, stay in control of your words, body language and your emotions. "All this takes practice, try practicing with a friend." The idea is to get the police officer to understand that you're just an average ordinary citizen and let you get on your way down the road. Never touch a police officer and don't run away!

 #2 - Never Talk To A Police Officer. The only questions you need to answer is your name, address and date of birth and nothing else! Instead of telling the police officer who you are, simply give him your drivers license or I.D. card. All the information the police officer needs to know about you can be found on your drivers license. Don't volunteer any more information to the police officer, if he ask you any other questions politely say "Am I free to go?" and then don't say another word.
   #3 - I'm Going to Remain Silent. The Supreme Court has made a new ruling that you should Never Talk to a Police Officer without an attorney, but there's a CATCH! New Ruling  Before you're allowed NOT to talk to a police officer, you must TELL the police officer "I'm Going to Remain Silent" and then keep your mouth shut! (How can you be falsely accused and charged if you don't say anything?) Anything you say or do can and will be used against you at any time by the police.

 #4 - Just Say NO to Police Searches! If a police officer didn't need your permission to search, he wouldn't be asking. Never give permission to a police officer to search you, your car or your home. If a police officer does search you, don't resist and keep saying "I don't consent to this search."
   #5 - "Am I Free to Go?" As soon as the police officer ask you a question ask him "Am I free to go?" You have to ask if you're "free to go," otherwise the police officer will think you are voluntarily staying. If the police officer says that you're are being detained or arrested, say to the police officer"I'm Going to Remain Silent"

Anything You Say Can And Will Be Used Against You!

 Police officers need your permission to have a conversation, never give it to them!

 Never voluntarily talk to a police officer, there's no such thing as a "friendly chat" with a police officer. The Supreme Court has recently ruled that you should NOT talk to a police officer without a lawyer and you must say "I'm going to remain silent." It can be very dangerous to talk to a police officer or a Federal Agent. Innocent people have talked to a police officer and ended up in jail and prison, because they spoke to a police officer without an attorney.

 Police officers have the same right as you "Freedom of Speech," they can ask you anything they want, but you should never answer any of their questions. Don't let the police officer try and persuade you to talk! Say something like "I'm sorry, I don't have time to talk to you right now." If the cop insists on talking to you, ask him "Am I free to go?" The police officer may not like when you refuse to talk to him and challenge you with words like, "If you have nothing to hide, why won't you speak to me? Say again "I told you I don't have time to talk to you right now, Am I free to go?" If you forget or the police officer tricks you into talking, it's okay just start over again and tell the police officer "I'm going to remain silent."

 The Supreme Court has ruled that if a police officer doesn't force you to do something, then you're doing "voluntarily." That means if the police officer starts being intimidating and you do what he ask because you're "afraid," you still have done it voluntarily. (Florida v. Bostick, 1991) If you do what the police officer ask you to do such as allowing him to search your car or answer any of his questions, you are 'voluntarily' complying with his 'requests.'So don't comply, just keep your mouth shut unless you say "Am I Free to Go?" or "I don't consent to a search."

 You have every right NOT to talk to a police officer and you should NOT speak to a police officer unless you have first consulted with a lawyer who has advised you differently. Police officers depend on fear and intimidation to get what they want from you. Police officers might say they will "go easy" on you if you talk to them, but they're LIARS! The government has made a law that allows police officers to lie to the American public. Another reason not to trust the police! So be as nice as possible, but stand your ground on your rights! Where do some of your rights come from? Read the Fourth and Fifth Amendment of the U.S. Constitution.

Traffic Stops and Your Rights

  First of all keep your license, registration and proof of insurance in an easily accessible place such as attached to your sun visor. The less time it takes for you to get to these items, the less time the officer has to look through your windows and snoop. When pulled over by a police officer stay in the car, turn on the cab lights and keep your hands on the steering wheel. Sit still, relax and wait for the officer to come to you. Any sudden movements, ducking down, looking nervous or appearing to be searching for something under your seat is dangerous! Just sit up naturally be still and try to put the officer at ease."

 Police officers like to ask the first question and that usually is, "do you know the reason I pulled you over?" The police officer is trying to get you to do two things, admit that you committed a traffic violation and to get you to "voluntarily" start a conversation with him. Remember the police officer is not your friend and should not be trusted! The only thing you should say is "I'm going to remain silent and am I free to go?"

 The police officer might start asking you personal questions such as "where are you going, where have you been and who did you see, ect." At that point it's the perfect time to exercise your rights by asking the police officer "AM I FREE TO GO?" There is NO legal requirement that American citizens provide information about their comings and goings to a police officer. It's none of their damn business! Keep asking the police officers "AM I FREE TO GO?" You have to speak up and verbally ask the police officer if your allowed to leave, otherwise the courts will presume that you wanted to stay and talk to the cops on your own free will.

 Passengers in your vehicle need to know their rights as well. They have the same right not to talk to a police officer and the right to refuse a search "unless it's a 'pat down' for weapons." The police will usually separate the passengers from each other and ask questions to see if their stories match. All passengers should always give the same answer and say, "I'm going to remain silent and am I free to go?" Remember you have to tell the police officer that you don't want to talk to him. It's the law

 How long can a police officer keep you pulled over "detained" during a traffic stop? The Supreme Court has said no more than 15 minutes is a reasonable amount of time for a police officer to conduct his investigation and allow you to go FREE. Just keep asking the police officer "AM I FREE TO GO?"

 A good time to ask  "AM I FREE TO GO,"  is after the police officer has given you a "warning or a ticket" and you have signed it. Once you have signed that ticket the traffic stop is legally over says the U.S. Supreme Court. There's no law that requires you to stay and talk to the police officer or answer any questions. After you have signed the ticket and got your license back you may roll up your window, start your car and leave. If you're outside the car ask the police officer, "AM I FREE TO GO?" If he says yes then get in your car and leave.

Car Searches And Body Searches

Remember the police officer wouldn't be asking you, if he didn't need your permission to search! "The right to be free from unreasonable searches is one of America's most precious First Liberties."

  Just because you're stopped for a traffic violation does NOT allow a police officer to search your car. However if you go riding around smoking a blunt and get pulled over, the police officer smells marijuana, sees a weapon or drugs in plain view he now has "probable cause" to search you car and that's your own stupid fault!
 Police officers swore an oath to uphold the U.S. Constitution and not to violate your rights against unreasonable search and seizure Fourth Amendment.  Denying a police officers request to search you or your car is not an admission of guilt, it's your American right! Some police officers might say, "if you have nothing to hide, you should allow me to search." Politely say to the police officer "I don't consent to a search and am I free to go?"

 The police officer is allowed to handcuff you and/or detain and even put you in his police car for his safety. Don't resist or you will be arrested! There's a big difference between being detained and being arrested. Say nothing in the police car! Police will record your conversation inside the police car, say nothing to your friend and don't talk to the police officers!

 If you are arrested and your car is towed, the police are allowed to take an "inventory" of the items in your car. If anything is found that's illegal, the police will get a warrant and then charge you with another crime.

Police Pat Downs...

  For the safety of police officers the law allows the police to pat down your outer clothing to see if you have any weapons. If the police officer feels something that he believes is a weapon, then he can go into your pockets and pull out the item he believes is a weapon.

 A police officer may ask you or even demand that you empty your pockets, but you have the right to say "NO, AM I FREE TO GO?" There's NO law that requires you to empty your pockets when a police officer "ask you." The only time a police officer should be taking your personal property out of your pockets is after you have been arrested.

If a Police Officer Knocks at Your Door at Home-You Don't Have to Open the Door!

 If the police knock and ask to enter your home, you DON'T have to open the door unless they have a warrant signed by a judge. "If the police have a warrant they won't be knocking, they'll be kicking in your door!" There is NO law that requires you to open your door to a police officer.*  Don't open your door with the chain-lock on either, the police will shove their way in. Simply shout to the police officers "I HAVE NOTHING TO SAY" or just don't say anything at all.

 Guest and roommates staying in your home/apartment/dorm need to be aware of their rights specially "college students" and told not to open the door to a police officer or invite police officers into your home without your permission. Police officers are like vampires, they need your permission to come into your home. Never invite a police officer into your home, such an invitation not only gives police officers an opportunity to look around for clues to your lifestyle, habits, friends, reading material, etc;  but also tends to prolong the conversation.

 If you are arrested outside your home the police officer might ask if you would like to go inside and get your shoes or a shirt? He might even be nice and let you tell your wife or friend goodbye, but it's a trick! Don't let the police officer into your house!

 Never agree to go to the police station if the police want to question you. Just say, "I HAVE NOTHING TO SAY."

 * In some emergency situations (for example when a someone is screaming for help from inside your home, police are chasing someone into your home, police see a felony being committed or if someone has called 911 from inside your house) police officers are then allowed to enter and search your home without a warrant.

 Children have rights also, if you're under 18 click here. If your children don't know their rights and go talking to a teacher, school principal, police officer or a Federal agent without an attorney could cost your family dearly and change the lives of your family forever!

If a Police Officer Stops You On The Sidewalk...

 NEVER give consent to talk to a police officer. If a police officer stops you and ask to speak with you, you're perfectly within your rights to say to the police officer "I do not wish to speak with you, good-bye. "New Law  At this point you should be free to leave. The next step the police officer might take is to ask you for identification. If you have identification on you, tell the officer where it is and ask permission to reach for it. "Some states you're not required to show an I.D. unless the police officer has reasonable suspicion that you committed a crime." Know the laws in your state!

 The police officer will start asking you questions again, at this point you may ask the officer "Am I Free to Go?" The police officer may not like this and may challenge you with words like, "If you have nothing to hide, why won't you speak to me?" Just like the first question, you do not have to answer this question either. Just ask "Am I Free to Go?"
  Police officers need your permission to have a conversation, never give it to them. There is NO law that says you must tell a police officer where you are going or where you have been, so keep your mouth shut and say nothing! Don't answer any question (except name, address and age) until you have a lawyer.

Probable Cause...

 A police officer has no right to detain you unless there exists reasonable suspicion that you committed a crime or traffic violation.  However a police officer is always allowed to initiate a "voluntary" conversation with you. You always have the right not to talk or answer any questions a police officer ask you. Just tell the police officer "I'm going to remain silent."

  Under the Fourth Amendment of the U.S. Constitution, police may engage in "reasonable" searches and seizures.  To prove that a search is reasonable, the police must generally show that it's more likely than not that a crime has occurred and that if a search is conducted it is probable that the police officer will find evidence of the crime. This is called "probable cause."

    Police may use first hand information or tips from an informant "snitch" to justify the need to search your property or you. If an informant's information is used, the police must prove that the information is reliable under the circumstances to a judge.

    Here's a case when police officers took the word of a "snitch," claiming he knew where a "drug dealer" lived. The police officers took it upon themselves to go to this house that the snitch had "picked at random" and kick in the door at 1:30 in the morning ,without obtaining a search warrant from a judge. The aftermath was six police officers firing over 30 shots and shooting an innocent man 9 times in the back as he laid on the ground.  Read How Police In Texas Are Allowed to Murder Innocent People and Get Away With It

Can We Trust Police Officers?

  Are police officers allowed to lie to you? Yes the Supreme Court has ruled that  police officers can lie to the American public. Police officers are trained at lying, twisting words and to be manipulative. Police officers and other law enforcement agents are very skilled at getting information from people. So don't try to "out smart" the police officer or try being a "smooth talker" because you will loose! If you can keep your mouth shut, you just might come out ahead more than you expected.

  Teach your children that police officers are not always their friend and police officers must contact a parent for permission before they ask your child any questions. Remember police officers are trained to put you at ease and to gain your trust. Their job is to find, arrest and help convict a suspect and that suspect is you!

 The federal government created a law that says citizens can't lie to Federal Agents and yet the government can lie to American Citizens. Makes perfect since doesn't it? The best thing you can do is ask for a lawyer and keep your mouth shut. How can you be charged with something if you haven't said anything?

  Although police officers may seem nice and pretend to be on your side they are wanting to learn your habits, opinions, and affiliations of other people not suspected of wrongdoing. Don't try to answer a police officers questions, it can be very dangerous! You can never tell how a seemingly harmless bit of information that you give to a police officer might be used and misconstrued to hurt you or someone else. Keep in mind that lying to a federal agent is a crime. "This why Martha Stewart went to prison, not for insider trading but for lying to a Federal Agent."

 Police officers may promise shorter sentences and other deals for statements or confessions from you. The police cannot legally make deals with people they arrest, but they can and will lie to you. The only person who can make a deal that can be enforced is the prosecutor and he should not talk with you without a lawyer present.

Lies That Police Officers Use To Get You To Talk...

 There are many ways a police officer will try to trick you into talking. It's always safe to say the Magic Words: "Am I free to leave, if not I'm going to remain silent and I want a lawyer."

 The following are common lie's the police use when they're trying to get you to talk to them:
*  "You will have to stay here and answer my questions" or "You're not leaving until I find out what I want to know."
*  "I have evidence on you, so tell me what I want to know or else." (They can fabricate fake evidence to convince you to tell them what they want to know.)
*  "You're not a suspect, were simply investigating here. Just help us understand what happened and then you can go."
*  "If you don't answer my questions, I won't have any choice but to take you to jail."
*  "If you don't answer these questions, you'll be charged with resisting arrest."
* "Your friend has told his side of the story and it's not looking good for you, anything you want to say in your defense?"
 If The Police Arrest You...

 "I DON'T WANT TO TALK UNTIL MY LAWYER IS PRESENT"
* Don't answer questions the police ask you, (except name, address and age)until you have a lawyer.
* Even if the police don't read your Miranda Rights to you, refuse to say anything until your lawyer/public defender arrives. If you "voluntarily" talk to the police , then they don't have to read your Miranda Rights.
* If you're arrested and can not afford an attorney, you have the right to a public defender. If you get a public defender always make it clear to the judge that the public defender is not representing you, but merely is serving as your counsel.
* Do not talk to other jail inmates about your case.
* Within a reasonable time after your arrest or booking, you have the right to make a local phone call to a lawyer, bail bondsman, relative or any other person. The police may not listen to the call to the lawyer.
* If you're on probation or parole tell your P.O. you've been arrested and say nothing else!
↧

Police Lie Under Oath; Their Testimony Shouldn’t Be Trusted More Than Any Other Witness...

August 1, 2013, 12:59 am
$
0
0
OFF THE WIRE
By Michelle Alexander
Thousands of people plead guilty to crimes every year in the United States because they know that the odds of a jury’s believing their word over a police officer’s are slim to none. As a juror, whom are you likely to believe: the alleged criminal in an orange jumpsuit or two well-groomed police officers in uniforms who just swore to God they’re telling the truth, the whole truth and nothing but? As one of my colleagues recently put it, “Everyone knows you have to be crazy to accuse the police of lying.”
But are police officers necessarily more trustworthy than alleged criminals? I think not. Not just because the police have a special inclination toward confabulation, but because, disturbingly, they have an incentive to lie. In this era of mass incarceration, the police shouldn’t be trusted any more than any other witness, perhaps less so.
That may sound harsh, but numerous law enforcement officials have put the matter more bluntly. Peter Keane, a former San Francisco Police commissioner, wrote an article in The San Francisco Chronicle decrying a police culture that treats lying as the norm: “Police officer perjury in court to justify illegal dope searches is commonplace. One of the dirty little not-so-secret secrets of the criminal justice system is undercover narcotics officers intentionally lying under oath. It is a perversion of the American justice system that strikes directly at the rule of law. Yet it is the routine way of doing business in courtrooms everywhere in America.”
Mr. Keane, in his Chronicle article, offered two major reasons the police lie so much. First, because they can. Police officers “know that in a swearing match between a drug defendant and a police officer, the judge always rules in favor of the officer.” At worst, the case will be dismissed, but the officer is free to continue business as usual. Second, criminal defendants are typically poor and uneducated, often belong to a racial minority, and often have a criminal record. “Police know that no one cares about these people,” Mr. Keane explained.
All true, but there is more to the story than that.
Police departments have been rewarded in recent years for the sheer numbers of stops, searches and arrests. In the war on drugs, federal grant programs like the Edward Byrne Memorial Justice Assistance Grant Program have encouraged state and local law enforcement agencies to boost drug arrests in order to compete for millions of dollars in funding. Agencies receive cash rewards for arresting high numbers of people for drug offenses, no matter how minor the offenses or how weak the evidence. Law enforcement has increasingly become a numbers game. And as it has, police officers’ tendency to regard procedural rules as optional and to lie and distort the facts has grown as well. Numerous scandals involving police officers lying or planting drugs — in Tulia, Tex. and Oakland, Calif., for example — have been linked to federally funded drug task forces eager to keep the cash rolling in.
Exposing police lying is difficult largely because it is rare for the police to admit their own lies or to acknowledge the lies of other officers. This reluctance derives partly from the code of silence that governs police practice and from the ways in which the system of mass incarceration is structured to reward dishonesty. But it’s also because police officers are human.
Research shows that ordinary human beings lie a lot — multiple times a day — even when there’s no clear benefit to lying. Generally, humans lie about relatively minor things like “I lost your phone number; that’s why I didn’t call” or “No, really, you don’t look fat.” But humans can also be persuaded to lie about far more important matters, especially if the lie will enhance or protect their reputation or standing in a group.
The natural tendency to lie makes quota systems and financial incentives that reward the police for the sheer numbers of people stopped, frisked or arrested especially dangerous. One lie can destroy a life, resulting in the loss of employment, a prison term and relegation to permanent second-class status. The fact that our legal system has become so tolerant of police lying indicates how corrupted our criminal justice system has become by declarations of war, “get tough” mantras, and a seemingly insatiable appetite for locking up and locking out the poorest and darkest among us.
https://itunes.apple.com/us/app/motorcyle-helmet-laws/id573720859?mt=8The Worst Kept Secret Cops Lie:
http://blog.simplejustice.us/2009/12/02/the-worst-kept-secret-cops-lie.aspx
This was shared by Joe via CopBlock.org’s ‘submit tab.’

↧

PIC OF THE DAY

August 1, 2013, 12:59 am
↧
Viewing all 6498 articles
Browse latest View live
Search