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Know Your Rights With Police Officers
OFF THE WIRE
"I WILL NOT TALK UNTIL I HAVE A LAWYER!"
What makes a police officer powerless? When citizens know their rights!
Police officers hate to hear these words:"Am I free to go?"
"I'm going to remain silent."
"I don't consent to a search."
You have rights at traffic stop or during any encounter with a police officer. Learn what your rights are and use them!
1. Your Safety -Start by putting 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 light. Keep your license, registration and proof of insurance close by like in your "sun visor."
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. Keep your hands where the police officer can see them. Never touch a police officer and never run away!
2. Never Talk To A Police Officer -You must tell the police officer"I'm going to remain silent." The only questions you need to answer is your name, address, date of birth, sometimes your social security number but NOTHING else! "In some states you can refuse to give your I.D. card to a police officer, know the laws of your state." Instead of telling the police officer who you are, give him your driver's license or your I.D. card. All the information the police officer needs to know about you, can be found on your i.d. card or drivers license. If you can keep your mouth shut, you just might come out ahead more than you expected.
Remain Silent- The Supreme Court says you should never talk to a police officereven if you're not under arrest. The Supreme Court ruled you must speak up and SAY to the police officer "I'm going to remain silent"and then keep your mouth shut even if you're not under arrest. How can you be falsely accused and charged with a crime, if you don't say anything? Never talk to a police officer before or after you get arrested. Anything you say or do, can and will be used against you at anytime by the police.
3. Just Say NO to Police Searches! -If a police officer didn't need your permission to search you, he wouldn't be asking. Never give permission for a police officer to search you, your car or your home. If a police officer does search you, don't resist and just keep saying "I don't consent to this search."
4.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 that you're voluntarily staying around to talk with him. If the police officer says that you're being detained or arrested tell the police officer, "I'm going to remain silent."
4.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 that you're voluntarily staying around to talk with him. If the police officer says that you're being detained or arrested tell the police officer, "I'm going to remain silent."
Anything You Say Can And Will Be Used Against You!
Police officers will be videotaping or audio recording you and this is why you must NEVER talk to the police officer. You have every right NOT to talk to a police officer and you should NOT talk to a police officer unless you have first consulted with a lawyer and the lawyer has advised you differently. Police officers depend on fear and intimidation to get what they want from you and this includes giving up your rights. The government made a law that allows police officers to lie to American citizens. That's another reason not to trust the police or the Federal government "the real terrorists."
Never voluntarily talk to a police officer, there's no such thing as a "friendly chat." Let the police officer do all the talking and you stay silent. The Supreme Court has recently ruled that you should NOT talk to a police officer if you have NOT been arrestedand you must say out loud "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 all because they spoke to a police officer without an attorney.
Police officers have the same right as you, "Freedom of Speech." Police may 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 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 anything to hide, why won't you speak to me? Say to the officer 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 it "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."
Be as nice as possible to the police officer, 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 with Police Officers
Keep your license, registration and proof of insurance in an easily accessible place, like your sun visor. When pulled over by a police officer stay in the car, turn on the interior 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 could get you shot.
Don't forget during traffic stops the police are videotaping you, this is why you must NOT talk to the police officer. Police officers like to ask the first question and that's usually, "do you know why I stopped you? Do you know how fast you were going?" 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 need to say is "I'm going to remain silent or 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's NO legal requirement that American citizens provide information about their comings and goings to a police officer. It's none of the police officers damn business! Keep asking the police officer "AM I FREE TO GO?" You have to speak up and verbally ask the police officer if you're allowed to leave, otherwise the courts will assume that you wanted to stay and talk to the police officer 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 made mention that no more than 15-20 minutes is a reasonable amount of time for a police officer to conduct his investigation and allow you to go FREE on your way. But you have to keep asking the police officer "AM I FREE TO GO?"
During a traffic stop 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 the 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."
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, am I FREE to go?"
For the safety of police officers the government 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 tells you to do so. The only time a police officer are allowed to be taking your personal property out of your pockets is after you have been arrested.
The police officer is allowed to handcuff you and/or detain you in his police car. 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 be recording your conversation inside the police car, say nothing to your friend and don't talk to the police officers inside the car!
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 illegal in your vehicle, the police will get a warrant from a judge and then charge you with another crime.
Never Open Your Door At Home If A Police Officer Knocks!
If the police knock on your door at home, there's no law that says you have to open your door to police officers. "Don't worry if they do have a search warrant, they'll kick down your door before they will knock." * 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, police officers 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 told of their rights and not to open the door to a police officer or invite police officer into your home without your permission. Police officers are like vampires, they need your permission to come into your home.
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 allowed to enter and search your home without a warrant.
Teenagers have rights also, if you're under 18 click here. If your children don't know their rights and they go talking to a teacher, school principal, police officer or a Federal agent without an attorney, it could cost your family dearly and change the lives of your family forever!
Dealing With a Police Officer In Public
NEVER give consent to a police officer and allow for a conversation to start. If a police officer stops you and ask to speak with you, you're perfectly within your rights to say "I do not wish to speak with you," then say good-bye. At this point you should be free to leave, but the police officer might ask for your identification. If you have identification on you, tell the officer where it's at and ask permission to reach for it. "In 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 of your state!"
The police officer might start asking you questions, 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?" Simply say "I'm going to remain silent."
Police officers need your permission to have a conversation. There is NO law that says you have tell a police officer where you are going or where you have been, but you must tell the police officer "I'm going to remain silent."
Police officers need your permission to have a conversation. There is NO law that says you have tell a police officer where you are going or where you have been, but you must tell the police officer "I'm going to remain silent."
Probable Cause
A police officer has no right to detain you unless there exist reasonable suspicion that you have 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 might 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 generally must show that it's more likely than not that a crime has occurred and that if a search is conducted it's 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 several police officers took the word of a "snitch," claiming he knew where a "drug dealer" lived. Corrupt police officers in Houston Texas took it upon themselves to go to this house that the snitch had "picked at random" and the officers kicked in the front door at 1:30 in the morning. Police never bothered to get a warrant from a judge. The aftermath was... Police Officers In Texas Are Allowed to Murder Innocent People and Get Away With It
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 generally must show that it's more likely than not that a crime has occurred and that if a search is conducted it's 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 several police officers took the word of a "snitch," claiming he knew where a "drug dealer" lived. Corrupt police officers in Houston Texas took it upon themselves to go to this house that the snitch had "picked at random" and the officers kicked in the front door at 1:30 in the morning. Police never bothered to get a warrant from a judge. The aftermath was... Police Officers In Texas Are Allowed to Murder Innocent People and Get Away With It
Should We Trust Police Officers?
Are police officers allowed to lie to you? Yes the Supreme Court has ruledpolice officers can lie to the American people. Police officers are trained at lying, twisting words and being manipulative. Police officers and other law enforcement agents are very skilled at getting information from people. So don't try to "out smart" a police officer and don't 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 they must call a parent for permission before they're allowed to talk to police officer. Remember police officers are trained to put your child at ease and build trust. A police officers job is to find, arrest and help convict a suspect and that suspect could be your child!
Although police officers may seem nice and pretend to be on your side theywant 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. Also keep in mind that lying to a federal agent is a Federal crime. "That's why Martha Stewart went to prison, not for insider trading but for lying to a Federal Agent."
Lies Police Officers Will Say To Get You to Talk
There'smany ways a police officer can LIE and trick you into talking. It's always safe to say the Magic Words: "Am I free to leave? 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 to know."
* "I have evidence on you, so tell me what I want to know or else." (Police can fabricate fake evidence to convince you to tell them what they want to know.)
* "You're not a suspect, were simply investigating here. Help us understand what happened and then you may leave."
* "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 tell me?
If The Police Arrest You
"I WILL NOT TALK UNTIL I HAVE A LAWYER!"
* Don't answer any questions the police ask you, (except for your name, address and age.) Any other questions the police officer ask you, just say I want to talk to my lawyer.
* Police officers don't always have to read to you the Miranda Rights after you've been arrested. If you "voluntarily" talk a police officer, the police officer doesn't have to read your Miranda Rights. Talking to a police officer at anytime can be very dangerous!
* Never 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 you choose. The police can't listen to you your phone call if you're talking to your lawyer.
* The longest you can be held in jail is 72 hours. If you get arrested on a 3 day weekend you may not see the judge until Tuesday morning. Otherwise youwill usuallyget out of jail in 4 to 24 hours if you can make bond.
* If you're on probation or parole tell your P.O. you've been arrested and say nothing else to him!↧
ALL ABOUT THE BUTTS TUESDAY
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Canada - First in a two-part series,The power of the patch
OFF THE WIRE
BY: Rosie Gillingham
thetelegram.com
BY: Rosie Gillingham
thetelegram.com
Canada - First in a two-part series Joe was eight years old when he asked for his first leather jacket to join a "motorcycle gang."
"I remember I had a bicycle that looked like a motorcycle," he said.
"I went to my father and asked could I have a leather jacket because me and my friends want to start a motorcycle gang.
"So, we went down and picked one out with a little blue skull on the back. I thought it was the coolest thing."
Thirty-five years later, he has the real thing and is part of an official motorcycle club.
Joe is not his real name.
He didn't want to publicize the name of his club either, or even where they're based for fear other clubs may disapprove of him talking to the media.
But he displays his club colours with pride.
For Joe, being a member of a motorcycle club is not a symbol of power or authority.
"It's a brotherhood. It's about the camaraderie" he said.
"The guys in my club would do anything for me because we look out for each other. We trust each other with anything and everything."
Joe is well-aware of the public perception of motorcycle gangs. The leather jackets, vests, long hair and long beards are intimidating to some.
But Joe says he's no gangster.
Most bikers are not rowdy troublemakers and are, in fact, honest, law-abiding, hard-working people, he said.
"Just because I wear a patch and ride a motorcycle, doesn't mean I'm a criminal," said Joe, who pointed out that his club and many others often donate and raise money for charities.
"We're not all bad guys."
But that's not to say they're all upstanding citizens, either. To understand which is which requires an understanding of how bikers are categorized.
Joe's group is classified as a motorcycle club as opposed to a riders' club. There's a big difference.
Rider clubs - symbolized by the RC near the logos on their jackets - are groups of people who like to ride motorcycles together and socialize.
Motorcycle clubs - which can include small community groups and the notorious Hells Angels - have an MC symbol near their logos. The logo includes top rocker, stating the name of the club, or bottom rocker, claiming its territory. The clubs have a hierarchical structure.
To be a member of a motorcycle club is a much more involved process and lifestyle.
MC members must earn their patch by demonstrating their personal commitment to the group, and self-discipline. It's often a long process, and once the patch is earned, a member garners a certain respect among bikers. Patch holders cannot discuss club business elsewhere and must show allegiance to their clubs.
Every club has its own rituals for earning patches. Some involve committing a crime, but not all.
Joe spent almost a year as a striker, or prospect. During that time, you hang out with the group and obey any full-patch member's requests.
"It's stuff like, 'Go buy me a drink, get me a pack of cigarettes, do something foolish, like ask that big, fat woman to dance,'" he said.
"It's a hazing ritual, and after a certain amount of time - which could be anywhere from a month to a couple of years - then the full-patch members sit around the table and vote whether or not to allow you in the club."
But becoming a motorcycle club member is not as easy as sewing a patch on your back.
Riding clubs generally have hundreds or thousands of members, he said. Motorcycle clubs tend to be a lot smaller - 15 or 20 per chapter.
In this province, riders clubs include the Northern Stars, New Found Riders, Canadian Motorcycle Cruisers, Rock United, Booze Fighters and Lurking Class, all based in the St. John's area. Riverside Riders is based in Peterview, with Republic Riders (one of the few clubs that includes women) on the west coast. There's also The Cav, an Army veterans group with members from all across the province, and Doom Merchants, which is not based in any particular town or city.
Motorcycle clubs here include the Outlaws and Bacchus, both in Grand Falls-Windsor, Rolling Bones in Musgrave Harbour, Creed in Botwood, The Disciples in Gander, Relic Riders in Carbonear, Krakens in Mount Pearl, and The Vikings, Azazel's Few and Sea Dawgs, all based in St. John's. There's also an all-women MC group in St. John's - the Lady Bugs.
Most members of the public can't distinguish between the types of biker groups or club colours.
To many people, all bikers are gangsters. However, there are only a small percentage involved in crime, Joe insists. These groups are referred to as the one per cent motorcycle clubs.
The label "one-percenters" comes from comments made more than 60 years ago by representatives of the American Motorcyclist Association (AMA). Following a fight that broke out between two clubs at a rally in Hollister, Calif., in July 1947, the reps defended the reputations of its members, stating that 99 per cent of bikers are law-abiding citizens, while only one per cent were outlaws.
The term stuck, and to this day, one percenters display the one percent diamond patch on their leather vests and jackets with pride.
"It's the one per cent who don't follow society's rules," Joe said.
In this province, there are reportedly four one per cent clubs - Bacchus, established here in 2011, The Outlaws (which were originally the Black Pistons which patched over to become The Outlaws), which set up shop last year, and the Vikings, plus the near-defunct Azazel's Few, founded here about a year ago.
While Joe's club is not a one per cent club, he said there's a mutual respect amongst all the clubs.
In fact, Joe said, in order to become an official motorcycle club, you must first ask permission from the larger and more powerful one per cent clubs.
"You can't just throw a patch on your back and call yourself a motorcycle club. The one per cent organizations would be very upset at that," he said.
"If you do it without their permission, they will pull you over the side of the road and they will tear that leather right off your back.
"There's a politics to it."
That's despite the fact clubs have no direct affiliation or association with them.
"They're the lead motorcycle clubs," he said. "They're the big dogs, so we do have to pay them respect."
Joe says one per cent clubs normally don't try to entice other clubs to get involved in criminal activity.
"They don't ask us to do anything because they don't want us mixed up in their business whatsoever," he said. "We have nothing that they want. They have nothing we want.
"But because they're in charge - and I use that term loosely - we do have to show them respect because they're a big organization."
The Hells Angels is the largest one per cent outlaw motorcycle gang in Canada.
The group was established in 1948 in California and has expanded to more than 2,000 members worldwide.
The Angels are believed to have almost 500 full-fledged members and almost 40 chapters.
Hells Angels aren't believed to have an official chapter in this province - already claimed territory here - but according to Joe, the Angels have been here for more than 40 years.
"They control half of George Street, sure!" Joe said. "Trust me, they've been here for a long time."
Many of the major drug busts in this province, such as Operation Roadrunner, had ties to the Angels, as well as the drive-by shooting on Kenmount Terrace earlier this year.
"The fighting that's been going on and the few things that have been in the news is an internal thing," Joe said. "It's infighting between clubs."
He said the bigger clubs want control of the drug activity, which has seen an upswing in the past several years due to the surge in oil and gas industries. The money going around these days is what's attracting them, he said.
"It's going to happen," Joe said of an eventual Hells Angels chapter. "And there's nothing the police can do about it.
"Drugs are already here. They just want control of it and make the money. They're the modern-day mafia."
Joe's club may not be affiliated with such organizations, but he said the police make assumptions based on their patches.
He said he and other members of his club have been watched closely by police.
"I wouldn't say we've been harassed by the RNC, but we've certainly been followed a lot," he said.
"All of us have been pulled over multiple times; photographs taken of licence plates. We've had them jump out of cars with high-speed cameras. It's nuts.
"I'm not going to get involved in crime. I've got too much to lose."
But police believe it's the citizens who are losing out by having outlaw bikers in their town.
In Monday's Part 2, read how the RCMP and RNC are handling these groups in our communities.
"I remember I had a bicycle that looked like a motorcycle," he said.
"I went to my father and asked could I have a leather jacket because me and my friends want to start a motorcycle gang.
"So, we went down and picked one out with a little blue skull on the back. I thought it was the coolest thing."
Thirty-five years later, he has the real thing and is part of an official motorcycle club.
Joe is not his real name.
He didn't want to publicize the name of his club either, or even where they're based for fear other clubs may disapprove of him talking to the media.
But he displays his club colours with pride.
For Joe, being a member of a motorcycle club is not a symbol of power or authority.
"It's a brotherhood. It's about the camaraderie" he said.
"The guys in my club would do anything for me because we look out for each other. We trust each other with anything and everything."
Joe is well-aware of the public perception of motorcycle gangs. The leather jackets, vests, long hair and long beards are intimidating to some.
But Joe says he's no gangster.
Most bikers are not rowdy troublemakers and are, in fact, honest, law-abiding, hard-working people, he said.
"Just because I wear a patch and ride a motorcycle, doesn't mean I'm a criminal," said Joe, who pointed out that his club and many others often donate and raise money for charities.
"We're not all bad guys."
But that's not to say they're all upstanding citizens, either. To understand which is which requires an understanding of how bikers are categorized.
Joe's group is classified as a motorcycle club as opposed to a riders' club. There's a big difference.
Rider clubs - symbolized by the RC near the logos on their jackets - are groups of people who like to ride motorcycles together and socialize.
Motorcycle clubs - which can include small community groups and the notorious Hells Angels - have an MC symbol near their logos. The logo includes top rocker, stating the name of the club, or bottom rocker, claiming its territory. The clubs have a hierarchical structure.
To be a member of a motorcycle club is a much more involved process and lifestyle.
MC members must earn their patch by demonstrating their personal commitment to the group, and self-discipline. It's often a long process, and once the patch is earned, a member garners a certain respect among bikers. Patch holders cannot discuss club business elsewhere and must show allegiance to their clubs.
Every club has its own rituals for earning patches. Some involve committing a crime, but not all.
Joe spent almost a year as a striker, or prospect. During that time, you hang out with the group and obey any full-patch member's requests.
"It's stuff like, 'Go buy me a drink, get me a pack of cigarettes, do something foolish, like ask that big, fat woman to dance,'" he said.
"It's a hazing ritual, and after a certain amount of time - which could be anywhere from a month to a couple of years - then the full-patch members sit around the table and vote whether or not to allow you in the club."
But becoming a motorcycle club member is not as easy as sewing a patch on your back.
Riding clubs generally have hundreds or thousands of members, he said. Motorcycle clubs tend to be a lot smaller - 15 or 20 per chapter.
In this province, riders clubs include the Northern Stars, New Found Riders, Canadian Motorcycle Cruisers, Rock United, Booze Fighters and Lurking Class, all based in the St. John's area. Riverside Riders is based in Peterview, with Republic Riders (one of the few clubs that includes women) on the west coast. There's also The Cav, an Army veterans group with members from all across the province, and Doom Merchants, which is not based in any particular town or city.
Motorcycle clubs here include the Outlaws and Bacchus, both in Grand Falls-Windsor, Rolling Bones in Musgrave Harbour, Creed in Botwood, The Disciples in Gander, Relic Riders in Carbonear, Krakens in Mount Pearl, and The Vikings, Azazel's Few and Sea Dawgs, all based in St. John's. There's also an all-women MC group in St. John's - the Lady Bugs.
Most members of the public can't distinguish between the types of biker groups or club colours.
To many people, all bikers are gangsters. However, there are only a small percentage involved in crime, Joe insists. These groups are referred to as the one per cent motorcycle clubs.
The label "one-percenters" comes from comments made more than 60 years ago by representatives of the American Motorcyclist Association (AMA). Following a fight that broke out between two clubs at a rally in Hollister, Calif., in July 1947, the reps defended the reputations of its members, stating that 99 per cent of bikers are law-abiding citizens, while only one per cent were outlaws.
The term stuck, and to this day, one percenters display the one percent diamond patch on their leather vests and jackets with pride.
"It's the one per cent who don't follow society's rules," Joe said.
In this province, there are reportedly four one per cent clubs - Bacchus, established here in 2011, The Outlaws (which were originally the Black Pistons which patched over to become The Outlaws), which set up shop last year, and the Vikings, plus the near-defunct Azazel's Few, founded here about a year ago.
While Joe's club is not a one per cent club, he said there's a mutual respect amongst all the clubs.
In fact, Joe said, in order to become an official motorcycle club, you must first ask permission from the larger and more powerful one per cent clubs.
"You can't just throw a patch on your back and call yourself a motorcycle club. The one per cent organizations would be very upset at that," he said.
"If you do it without their permission, they will pull you over the side of the road and they will tear that leather right off your back.
"There's a politics to it."
That's despite the fact clubs have no direct affiliation or association with them.
"They're the lead motorcycle clubs," he said. "They're the big dogs, so we do have to pay them respect."
Joe says one per cent clubs normally don't try to entice other clubs to get involved in criminal activity.
"They don't ask us to do anything because they don't want us mixed up in their business whatsoever," he said. "We have nothing that they want. They have nothing we want.
"But because they're in charge - and I use that term loosely - we do have to show them respect because they're a big organization."
The Hells Angels is the largest one per cent outlaw motorcycle gang in Canada.
The group was established in 1948 in California and has expanded to more than 2,000 members worldwide.
The Angels are believed to have almost 500 full-fledged members and almost 40 chapters.
Hells Angels aren't believed to have an official chapter in this province - already claimed territory here - but according to Joe, the Angels have been here for more than 40 years.
"They control half of George Street, sure!" Joe said. "Trust me, they've been here for a long time."
Many of the major drug busts in this province, such as Operation Roadrunner, had ties to the Angels, as well as the drive-by shooting on Kenmount Terrace earlier this year.
"The fighting that's been going on and the few things that have been in the news is an internal thing," Joe said. "It's infighting between clubs."
He said the bigger clubs want control of the drug activity, which has seen an upswing in the past several years due to the surge in oil and gas industries. The money going around these days is what's attracting them, he said.
"It's going to happen," Joe said of an eventual Hells Angels chapter. "And there's nothing the police can do about it.
"Drugs are already here. They just want control of it and make the money. They're the modern-day mafia."
Joe's club may not be affiliated with such organizations, but he said the police make assumptions based on their patches.
He said he and other members of his club have been watched closely by police.
"I wouldn't say we've been harassed by the RNC, but we've certainly been followed a lot," he said.
"All of us have been pulled over multiple times; photographs taken of licence plates. We've had them jump out of cars with high-speed cameras. It's nuts.
"I'm not going to get involved in crime. I've got too much to lose."
But police believe it's the citizens who are losing out by having outlaw bikers in their town.
In Monday's Part 2, read how the RCMP and RNC are handling these groups in our communities.
↧
↧
CA - Lunatic CHP cops go berzerk as female motorist successfully demand
OFF THE WIRE
Lunatic CHP cops go berzerk as female motorist successfully demands her rights under CA Vehicle codehttp://libertyfight.com/2013/Lunatic_...
VIDEO - http://youtu.be/h6l4DSqxaD4
Lunatic CHP cops go berzerk as female motorist successfully demands her rights under CA Vehicle codehttp://libertyfight.com/2013/Lunatic_...
VIDEO - http://youtu.be/h6l4DSqxaD4
↧
SEASON 6 VIEWERSHIP CHALLENGE
OFF THE WIRE
Hey Kids, as a reminder --
If we increase our SONS OF ANARCHY season 6 premier numbers by any percentage in the key demos, myself and some unwilling cast member will show up in your home town and take over your favorite bar, club or theatre and watch a season 6 Son's episodewith you, your friends and your highly dysfunctional family.
(It will most likely be episode 610, 611 or 612. We can't do the the finale because we are doing SOA AFTERWORD that night.)
We will come baring gifts, good cheer and basically disrupt your neighborhood and piss off all your neighbors. Fuck those neighbors, I hate those shitheads anyhow. With their stupid fucking non-permitted construction and their ugly faux stone wall and their ridiculous fucking purple pool... (sorry, I'm working out some local shit)
My plan is to tape the whole event for some awesome Season 6 DVD bonus material.
The winner will be chosen at random from social media. Anyone following my Twitter @sutterink or my Sutterink Facecock page will be eligible. Sorry, international fans, this one is limited to residents of these United States.
So please spread the word.
Sons of Anarchy Season 6 premier
SEPTEMBER 10TH
10 PM ON FX
SEPTEMBER 10TH
10 PM ON FX
↧
Knife Laws in California: Is It Legal to Carry One ? By Jim March and also Sy Nazif, Esq.
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
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
Knife Laws in
For my first Bailing Wiring Column, I was asked to write about knife laws in
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
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,
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
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 Angeles County 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.
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.
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.
↧
Know Your Rights When Dealing With Police Officers
OFF THE WIRE
"I DON'T WANT TO TALK UNTIL MY LAWYER IS PRESENT"
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.
#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"
#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!
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.
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
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
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.
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.
↧
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Ten Most Notorious Outlaw Biker Gangs...............
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.
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.
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Bikers and Politics
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
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
↧
CA - Defend the 4th Amendment - BOLT v CHP
OFF THE WIRE
We are a short time away from our target date to file the federal lawsuit against officers who wrote unconstitutional helmet tickets, violating your 4th Amendment Right.
If you prefer, deposit the donations into the Trust Account at your local Wells Fargo bank.
Make the check payable to:
Defend the 4th Amendment - BOLT v CHP lawsuit
Account number: 5587542548
Send scanned copies of your helmet ticket to
webmaster@boltofca.com
preferrably pdf format.
We will be issuing subpoenas to police officers who wrote helmet tickets without the probable cause required by the federal Judge in the Easyriders v Hannigan case.
We will be asking the Judge for an Order to Show Cause for each ticket these officers wrote.
Overview of upcoming federal case: In 1995 BOLT sued the CHP in federal court, showing that the CHP, and other police departments, were using visual criteria to determine if a helmet is legal - a violation of the decision in 1992, Buhl v Hannigan.
It was shown that officers have no standard (lawful) way of identifying Probable Cause when charging someone for a helmet violation. 1000 police officers equals 1000 different helmet laws.
The federal Judge issued an Injunction - forbidding police from writing a helmet ticket without Probable Cause. Probable Cause was defined (limited) for helmet cases, by the federal Injunction, as Manufacturer Recall Notice and/or actual laboratory test results showing non-compliance, for the size, make and model the rider was wearing.
To this day, almost every helmet ticket is written without any laboratory test data or Manufacturer's Recall Notice. We have collected evidence of the 4th Amendment violations, and violations of the federal Judge's Injunction, for 7 years. There is enough evidence to show that Law Enforcement Officers and their Department Supervisors do not care about following the law or a federal Judge's instructions.
When we file for an Order to Show Cause, it is essentially asking the federal Judge to ask the police officers to show justification for writing the tickets. Did they have Probable Cause before they wrote the ticket?
Not one of the 275 tickets we have on file were written by a police officer who had the required Probable Cause. We will be able to show that not one ticket written in California was written legally.
Police clearly do one of only 2 things regarding helmets; either violate riders' Rights, or don't enforce the helmet law at all.
We believe we can propose this to the federal Judge this time:
The only way law enforcement procedures have not violated citizen's Rights (relative to helmets) is by not enforcing the law at all. This is reason enough to put a stop to ANY enforcement of the helmet law.
We will need to Subpoena 35 to 70 police officers for this action, to show the Judge a clear pattern and practice statewide, of rampant Rights violations by police officers.
The attendance fee for Federal subpoenas is governed by and described in 28 USC 1821. Witness fees are $40.00 per day and $.48½ per mile, round trip from the witness' residence to where they must appear. The subpoena must accompany the attendance fee, otherwise the service is invalid.
Subpoenas cost $50 (usually) to serve to the appearing party.
Plus $40 per day. At this rate, depending on where the officer lives, we are looking at somewhere between $4200.00 and $5600.00 just to get officers to answer the questions proving they acted illegally.
The filing fee is $400.00 to get the suit started. Mileage must be paid to the officer when the subpoena is served.
We hope to do this without hiring an attorney, saving $40,000.00 or more.
I am certain we can get this ruling to force police officers to only write helmet tickets to riders who aren't wearing anything at all on their heads, and we can do it for less than $12,000.00.
The bulk of the cost must be paid for before the suit goes to court, as the subpoenas are the main cost and must be done at the time of service. This is why BOLT needs donations right now.
Thanks in advance for the donations, and for spreading the word.
Defend the 4th Amendment - BOLT v CHP lawsuit
Account number: 5587542548
Send scanned copies of your helmet ticket to
webmaster@boltofca.com
preferrably pdf format.
We will be issuing subpoenas to police officers who wrote helmet tickets without the probable cause required by the federal Judge in the Easyriders v Hannigan case.
We will be asking the Judge for an Order to Show Cause for each ticket these officers wrote.
Overview of upcoming federal case: In 1995 BOLT sued the CHP in federal court, showing that the CHP, and other police departments, were using visual criteria to determine if a helmet is legal - a violation of the decision in 1992, Buhl v Hannigan.
It was shown that officers have no standard (lawful) way of identifying Probable Cause when charging someone for a helmet violation. 1000 police officers equals 1000 different helmet laws.
The federal Judge issued an Injunction - forbidding police from writing a helmet ticket without Probable Cause. Probable Cause was defined (limited) for helmet cases, by the federal Injunction, as Manufacturer Recall Notice and/or actual laboratory test results showing non-compliance, for the size, make and model the rider was wearing.
To this day, almost every helmet ticket is written without any laboratory test data or Manufacturer's Recall Notice. We have collected evidence of the 4th Amendment violations, and violations of the federal Judge's Injunction, for 7 years. There is enough evidence to show that Law Enforcement Officers and their Department Supervisors do not care about following the law or a federal Judge's instructions.
When we file for an Order to Show Cause, it is essentially asking the federal Judge to ask the police officers to show justification for writing the tickets. Did they have Probable Cause before they wrote the ticket?
Not one of the 275 tickets we have on file were written by a police officer who had the required Probable Cause. We will be able to show that not one ticket written in California was written legally.
Police clearly do one of only 2 things regarding helmets; either violate riders' Rights, or don't enforce the helmet law at all.
We believe we can propose this to the federal Judge this time:
The only way law enforcement procedures have not violated citizen's Rights (relative to helmets) is by not enforcing the law at all. This is reason enough to put a stop to ANY enforcement of the helmet law.
We will need to Subpoena 35 to 70 police officers for this action, to show the Judge a clear pattern and practice statewide, of rampant Rights violations by police officers.
The attendance fee for Federal subpoenas is governed by and described in 28 USC 1821. Witness fees are $40.00 per day and $.48½ per mile, round trip from the witness' residence to where they must appear. The subpoena must accompany the attendance fee, otherwise the service is invalid.
Subpoenas cost $50 (usually) to serve to the appearing party.
Plus $40 per day. At this rate, depending on where the officer lives, we are looking at somewhere between $4200.00 and $5600.00 just to get officers to answer the questions proving they acted illegally.
The filing fee is $400.00 to get the suit started. Mileage must be paid to the officer when the subpoena is served.
We hope to do this without hiring an attorney, saving $40,000.00 or more.
I am certain we can get this ruling to force police officers to only write helmet tickets to riders who aren't wearing anything at all on their heads, and we can do it for less than $12,000.00.
The bulk of the cost must be paid for before the suit goes to court, as the subpoenas are the main cost and must be done at the time of service. This is why BOLT needs donations right now.
Thanks in advance for the donations, and for spreading the word.
OFF THE WIRE
We are a short time away from our target date to file the federal lawsuit against officers who wrote unconstitutional helmet tickets, violating your 4th Amendment Right.
If you prefer, deposit the donations into the Trust Account at your local Wells Fargo bank.
↧
Exclusive interview with former Sons of Anarchy cast member Andy McPhee !
At 6 foot 6 inches tall Andy Mcphee is a formidable looking actor on any set.With over 50 feature films and just as many TV series under his belt he is a veteran of the industry since 1990.Starring as Keith McGee ,the head of the Belfast SOA chapter ,he is one of the most well known characters on the show and someone the fans hated with a fever showing just how good he is at his craft.This is a special in house interview with Andy coming at you straight from the studio live with Philip and Bill.You don't want to miss this one on one interview with one of Sons of Anarchy's most revered characters ever !..........................................The Sam Cro Radio Show goes live at 6:00 pm Pacific , 7:00 pm Mountain , 8:00 pm Central and 9:00 pm Eastern every Wednesday on BlogTalk Radio. Check us out!
And do not forget, if you want to call in live and speak with the host, be sure to dial (347)826-7753. You will be placed into the caller queue where you will still be able to hear the show while you are on hold.
If you miss this above event you can listen to the archive anytime by clicking on the same link below.
Enjoy the show,
Two ways to listen on Wednesday's
1. Call in: (347) 826-7753 ... Listen live right from your phone!
2. Stream us live on your computer:
↧
↧
BABE OF THE WEEK - MATI
My name is Mati Card, and I am very environmentally cautious, spiritually driven, wolf soul. I love to do yoga, go on hikes, jump off cliffs, and basically anything in the wilderness. I am an all around performing artist and smiling expert. I sing, dance, and act. I've sung in countless choir, jazz acapella, and solo performances. I am currently working on writing my own music. I have practiced many different dance forms including ballet, tap, jazz, modern, tango, theatrical, and Odissi, a classical Indian dance. I dance every day. It keeps my self-awareness high and my muscles loose. As far as theatre goes, I have been in at least one show every year since I was eight. Some of the plays I have been in include Guys and Dolls, The Wizard of Oz, The Producers, The Vagina Monologues and many more. You can find some videos of me singing by searching 'Matison Sieren-Card' on YouTube or visiting my channel, Maticlaire94. In the last five months, I have found a passion in modeling. Since then I have appeared in a two-page spread of Cronic Magazine. I am currently building my portfolio in hopes of scoring more modeling jobs. You can find my modeling photos at www.krproductionscolorado.
↧
SAM CRO RADIO SHOW - JOIN US WED NITE AS WE INTERVIEW, ANDY McPHEE. PRESIDENT OF THE IRISH SOA CREW..
OFF THE WIRE
JOIN US WED NITE AS WE INTERVIEW, ANDY McPHEE. PRESIDENT OF THE IRISH SOA CREW..
AND REMEMBER, IF YOU CAN’T TUNE INTO THE “LIVE” SHOW YOU CAN LISTEN TO OR DOWNLOAD THE SHOW AT YOU CONVENIENCE.
ANY DAY/TIME FREE OF CHARGE FOR UP TO 90 DAYS
SINCE SHOWS ARE ARCHIVED FOR YOUR CONVENIENCE!
And do not forget, if you want to call in live and speak with the host, be sure to dial (347)826-7753.
You will be placed into the caller queue, where you will still be able to hear the show while you are on hold.
If you miss this above event you can listen to the archive anytime by clicking on the same link below.
Enjoy the show, We invite you to participate by clicking the web address,
www.blogtalkradio.com/bikersofamerica.
Two ways to listen on Tuesday`s & Wednesday`s & Thursday`s
1. Call in: (347) 826-7753 ... Listen live right from your phone..
2. Stream us live on your computer:
Link: http://tobtr.com/s/4178939
http://www.blogtalkradio.com/bikersofamerica.
The next “THE BIKERS OF AMERICA (THE PHIL and BILL SHOW)”
will be on Tuesday, SEPT / 10 / 2013 at 6pm Pacific and 9pm Eastern.
The next SAM CRO RADIO SHOW will be on Wednesday,
SAM CRO RADIO SHOW, SEPT / 11 /2013 at 6pm Pacific and 9pm Eastern.
as Well As Thursday SEPT / 12 / 2013 night`s 6pm Pacific and 9pm Eastern.
SO PLEASE TUNE IN AND SUPPORT US, Because were here to support you...
THANK YOU,
Screwdriver & Bill
"IF YOU VIOLATE OUR BIKER RIGHTS...
YOU BETTER WATCH OUT FOR OUR BIKER LEFTS!"
JOIN US WED NITE AS WE INTERVIEW, ANDY McPHEE. PRESIDENT OF THE IRISH SOA CREW..
AND REMEMBER, IF YOU CAN’T TUNE INTO THE “LIVE” SHOW YOU CAN LISTEN TO OR DOWNLOAD THE SHOW AT YOU CONVENIENCE.
ANY DAY/TIME FREE OF CHARGE FOR UP TO 90 DAYS
SINCE SHOWS ARE ARCHIVED FOR YOUR CONVENIENCE!
And do not forget, if you want to call in live and speak with the host, be sure to dial (347)826-7753.
You will be placed into the caller queue, where you will still be able to hear the show while you are on hold.
If you miss this above event you can listen to the archive anytime by clicking on the same link below.
Enjoy the show, We invite you to participate by clicking the web address,
www.blogtalkradio.com/bikersofamerica.
Two ways to listen on Tuesday`s & Wednesday`s & Thursday`s
1. Call in: (347) 826-7753 ... Listen live right from your phone..
2. Stream us live on your computer:
Link: http://tobtr.com/s/4178939
http://www.blogtalkradio.com/bikersofamerica.
The next “THE BIKERS OF AMERICA (THE PHIL and BILL SHOW)”
will be on Tuesday, SEPT / 10 / 2013 at 6pm Pacific and 9pm Eastern.
The next SAM CRO RADIO SHOW will be on Wednesday,
SAM CRO RADIO SHOW, SEPT / 11 /2013 at 6pm Pacific and 9pm Eastern.
as Well As Thursday SEPT / 12 / 2013 night`s 6pm Pacific and 9pm Eastern.
SO PLEASE TUNE IN AND SUPPORT US, Because were here to support you...
THANK YOU,
Screwdriver & Bill
"IF YOU VIOLATE OUR BIKER RIGHTS...
YOU BETTER WATCH OUT FOR OUR BIKER LEFTS!"
↧
Illusion Motorsports - " Premiere motorcycle customizing shop of Orange County California "
ATTN, IF YOU CALL RUSTY , MENTION YOU READ IT HERE ON THE BLOG
THANK YOU,
Philip aka Screwdriver
Illusion Motorsports The place to go to in the Orange County area when you want your bike pimped out. A one stop shop that does it all for a fair price and in a timely manner.
One of the cleanest and best organized shops anywhere.
As an EPA/CARB certified motorcycle manufacturer we can build or sell you a bike that is legal in California or all 50 states. Need financing? No problem, if you qualify.
Business hours 8-5 Mon-Fri. Pick-up and delivery available.
* PARTS * FABRICATION * PAINT * ELECTRICAL * TUNE UPS * SERVICE on custom and OEM motorcycles * CUSTOMIZING * NEW OR USED MOTORCYCLES * COLLISION REPAIR
714-894-1942 office
714-894-1922 fax
714-262-2370 alternate
14726 goldenwest Street #F Westminster, Ca. 92683
illusionoc@gmail.com email
THANK YOU,
Philip aka Screwdriver
Illusion Motorsports The place to go to in the Orange County area when you want your bike pimped out. A one stop shop that does it all for a fair price and in a timely manner.
One of the cleanest and best organized shops anywhere.
As an EPA/CARB certified motorcycle manufacturer we can build or sell you a bike that is legal in California or all 50 states. Need financing? No problem, if you qualify.
Business hours 8-5 Mon-Fri. Pick-up and delivery available.
* PARTS * FABRICATION * PAINT * ELECTRICAL * TUNE UPS * SERVICE on custom and OEM motorcycles * CUSTOMIZING * NEW OR USED MOTORCYCLES * COLLISION REPAIR
714-894-1942 office
714-894-1922 fax
714-262-2370 alternate
14726 goldenwest Street #F Westminster, Ca. 92683
illusionoc@gmail.com email
↧
California Law makes helmet violations "fix-it" tickets (correctable).
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.
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.
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1%er defined - One Percenters, Gangs and Outlaws.
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/
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/
↧
California, Undercover Officer Provides Inside Look Into Local Gang
OFF THE WIRE
Source: 10news.com
SANTEE, Calif. -- Authorities say a Santee-based gang, whose members include convicted felons with long rap sheets, is recruiting kids as young as 14.
Members said the group known as the "Peckerwoods" is nothing more than a motorcycle club.
An undercover police officer, who has been tracking the Peckerwoods since 2005, told 10News the group's ideology is illustrated in its members' clothing.
Jackets taken from arrested Peckerwood members showcase Nazi symbols, including the iron cross and SS bolts.
Additionally, the name Peckerwood has a deeper meaning -- it is what America's slaves called their masters.
Police said, in Santee, members wear the name as a badge of honor.
"Sometimes their beliefs -- from what we can tell -- their symbols and colors, they teach at home," the undercover officer said.
Santee resident Lyle Snow has two African-American children and was attacked by 15-year-old Trevor Solis last year. According to court records, Solis' father, Trenton, is a known Peckerwood who served prison time for crippling an African-American Marine in 1998.
"I have had a lot of cases that have involved juveniles that have looked me straight in the face and said, 'I was born a racist; I was raised a racist and you can't change that,'" the undercover officer said. "Coming out of a 14-year-old's mouth is just real surprising."
Police said the Peckerwoods recruit new members by using things such as T-shirts that say "Support your local Peckerwoods."
In 2007, police said weapons and drugs were found in a raid at the Peckerwoods' Santee clubhouse.
"I have to say, and I'm not just saying this to cover my tail, they've treated me with respect," said Santee Mayor Randy Voepel. "They are an organization that, like anyone, has a few bad apples."
10News asked Peckerwood president Ronald Luetticke for an interview, and he said in a voice message: "My attorney advised me that I probably shouldn't do it, and the other consideration I got is I have two young kids. I got two kids; I don't want to put them in any harms way."
Luetticke works professionally as a contractor and is licensed by the state of California.
The Department of Justice won't allow police to disclose how many Peckerwood members there are in San Diego County. Police did say a large majority of the members have criminal convictions.
Peckerwood board secretary Deron Jaffe came to the 10News studios unannounced Tuesday and left the following statement:
"Peckerwood Motorcycle Club was established 23 years ago with the intent of providing a brotherhood for riders of Harley-Davidson motorcycles. Our club members are not racist and we do not recruit children or anyone else to become members of our club. We cannot control people outside of our club who might be racist and call themselves "Peckerwoods." We are nothing more than a motorcycle club and are not affiliated with any other groups of individuals who refer to themselves or others as "Peckerwoods." Our members are working class people with families. We don't advocate or engage in violence towards others. The Peckerwood Motorcycle club is proud of its involvement in charitable causes such as the Amber Dubois Memorial Fund and annual toy drive to benefit the orphanage in Rosarito Beach Mexico."
Peckerwoods M.C.
Source: 10news.com
SANTEE, Calif. -- Authorities say a Santee-based gang, whose members include convicted felons with long rap sheets, is recruiting kids as young as 14.
Members said the group known as the "Peckerwoods" is nothing more than a motorcycle club.
An undercover police officer, who has been tracking the Peckerwoods since 2005, told 10News the group's ideology is illustrated in its members' clothing.
Jackets taken from arrested Peckerwood members showcase Nazi symbols, including the iron cross and SS bolts.
Additionally, the name Peckerwood has a deeper meaning -- it is what America's slaves called their masters.
Police said, in Santee, members wear the name as a badge of honor.
"Sometimes their beliefs -- from what we can tell -- their symbols and colors, they teach at home," the undercover officer said.
Santee resident Lyle Snow has two African-American children and was attacked by 15-year-old Trevor Solis last year. According to court records, Solis' father, Trenton, is a known Peckerwood who served prison time for crippling an African-American Marine in 1998.
"I have had a lot of cases that have involved juveniles that have looked me straight in the face and said, 'I was born a racist; I was raised a racist and you can't change that,'" the undercover officer said. "Coming out of a 14-year-old's mouth is just real surprising."
Police said the Peckerwoods recruit new members by using things such as T-shirts that say "Support your local Peckerwoods."
In 2007, police said weapons and drugs were found in a raid at the Peckerwoods' Santee clubhouse.
"I have to say, and I'm not just saying this to cover my tail, they've treated me with respect," said Santee Mayor Randy Voepel. "They are an organization that, like anyone, has a few bad apples."
10News asked Peckerwood president Ronald Luetticke for an interview, and he said in a voice message: "My attorney advised me that I probably shouldn't do it, and the other consideration I got is I have two young kids. I got two kids; I don't want to put them in any harms way."
Luetticke works professionally as a contractor and is licensed by the state of California.
The Department of Justice won't allow police to disclose how many Peckerwood members there are in San Diego County. Police did say a large majority of the members have criminal convictions.
Peckerwood board secretary Deron Jaffe came to the 10News studios unannounced Tuesday and left the following statement:
"Peckerwood Motorcycle Club was established 23 years ago with the intent of providing a brotherhood for riders of Harley-Davidson motorcycles. Our club members are not racist and we do not recruit children or anyone else to become members of our club. We cannot control people outside of our club who might be racist and call themselves "Peckerwoods." We are nothing more than a motorcycle club and are not affiliated with any other groups of individuals who refer to themselves or others as "Peckerwoods." Our members are working class people with families. We don't advocate or engage in violence towards others. The Peckerwood Motorcycle club is proud of its involvement in charitable causes such as the Amber Dubois Memorial Fund and annual toy drive to benefit the orphanage in Rosarito Beach Mexico."
Peckerwoods M.C.
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7 Rules for Recording Police
OFF THE WIRE
Last week the City of Boston agreed to pay Simon Glik $170,000 in damages and legal fees to settle a civil rights lawsuit stemming from his 2007 felony arrest for videotaping police roughing up a suspect. Prior to the settlement, the First Circuit Court of Appeals unanimously ruled that Glik had a “constitutionally protected right to videotape police carrying out their duties in public.” The Boston Police Department now explicitly instructs its officers not to arrest citizens openly recording them in public.
Slowly but surely the courts are recognizing that recording on-duty police is a protected First Amendment activity. But in the meantime, police around the country continue to intimidate and arrest citizens for doing just that. So if you’re an aspiring cop watcher you must be uniquely prepared to deal with hostile cops.
If you choose to record the police you can reduce the risk of terrible legal consequences and video loss by understanding your state’s laws and carefully adhering to the following rules.
Rule #1: Know the Law (Wherever You Are)
Conceived at a time when pocket-sized recording devices were available only to James Bond types, most eavesdropping laws were originally intended to protect people against snoops, spies, and peeping Toms. Now with this technology in the hands of average citizens, police and prosecutors are abusing these outdated laws to punish citizens merely attempting to document on-duty police.
The law in 38 states plainly allows citizens to record police, as long as you don’t physically interfere with their work. Police might still unfairly harass you, detain you, or confiscate your camera. They might even arrest you for some catchall misdemeanor such as obstruction of justice or disorderly conduct. But you will not be charged for illegally recording police.
Twelve states—California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Pennsylvania, and Washington—require the consent of all parties for you to record a conversation.
However, all but 2 of these states—Massachusetts and Illinois—have an “expectation of privacy provision” to their all-party laws that courts have ruled does not apply to on-duty police (or anyone in public). In other words, it’s technically legal in those 48 states to openly record on-duty police.
Rule #2 Don’t Secretly Record Police
In most states it’s almost always illegal to record a conversation in which you’re not a party and don’t have consent to record. Massachusetts is the only state to uphold a conviction for recording on-duty police, but that conviction was for a secret recording where the defendant failed to inform police he was recording. (As in the Glik case, Massachusetts courts have ruled that openly recording police is legal, but secretly recording them isn’t.)
Fortunately, judges and juries are soundly rejecting these laws. Illinois, the state with the most notorious anti-recording laws in the land, expressly forbids you from recording on-duty police. Early last month an Illinois judge declared that law unconstitutional, ruling in favor of Chris Drew, a Chicago artist charged with felony eavesdropping for secretly recording his own arrest. Last August a jury acquitted Tiawanda Moore of secretly recording two Chicago Police Internal Affairs investigators who encouraged her to drop a sexual harassment complaint against another officer. (A juror described the case to a reporter as “a waste of time.”) In September, an Illinois state judge dropped felony charges against Michael Allison. After running afoul of local zoning ordinances, he faced up to 75 years in prison for secretly recording police and attempting to tape his own trial.
The lesson for you is this: If you want to limit your legal exposure and present a strong legal case, record police openly if possible. But if you videotape on-duty police from a distance, such an announcement might not be possible or appropriate unless police approach you.
Rule #3: Respond to “Shit Cops Say”
When it comes to police encounters, you don’t get to choose whom you’re dealing with. You might get Officer Friendly, or you might get Officer Psycho. You’ll likely get officers between these extremes. But when you “watch the watchmen,” you must be ready to think on your feet.
In most circumstances, officers will not immediately bull rush you for filming them. But if they aren’t properly trained, they might feel like their authority is being challenged. And all too often police are simply ignorant of the law. Part of your task will be to convince them that you’re not a threat while also standing your ground.
“What are you doing?”
Police aren’t celebrities, so they’re not always used to being photographed in public. So even if you’re recording at a safe distance, they might approach and ask what you are doing. Avoid saying things like “I’m recording you to make sure you’re doing your job right” or “I don’t trust you.”
Instead, say something like “Officer, I’m not interfering. I’m asserting my First Amendment rights. You’re being documented and recorded offsite.”
Saying this while remaining calm and cool will likely put police on their best behavior. They might follow up by asking, “Who do you work for?” You may, for example, tell them you’re an independent filmmaker or a citizen journalist with a popular website/blog/YouTube show. Whatever you say, don’t lie—but don’t let police trick you into thinking that the First Amendment only applies to mainstream media journalists. It doesn’t.
“Let me see your ID.”
In the United States there’s no law requiring you to carry a government ID. But in 24 states police may require you to identify yourself if they have reasonable suspicion that you’re involved in criminal activity.
But how can you tell if an officer asking for ID has reasonable suspicion? Police need reasonable suspicion to detain you, so one way to tell if they have reasonable suspicion is to determine if you're free to go. You can do this by saying “Officer, are you detaining me, or am I free to go?”
If the officer says you’re free to go or you’re not being detained, it’s your choice whether to stay or go. But if you're detained, you might say something like, “I’m not required to show you ID, but my name is [your full name].” It’s up to you if you want to provide your address and date of birth if asked for it, but I’d stop short of giving them your Social Security number.
“Please stop recording me. It’s against the law.”
Rarely is it advisable to educate officers about the law. But in a tense recording situation where the law is clearly on your side, it might help your case to politely present your knowledge of state law.
For example, if an insecure cop tries to tell you that you’re violating his civil liberties, you might respond by saying “Officer, with all due respect, state law only requires permission from one party in a conversation. I don’t need your permission to record so long as I’m not interfering with your work.”
If you live in one of the 12 all party record states, you might say something like “Officer, I’m familiar with the law, but the courts have ruled that it doesn’t apply to recording on-duty police.”
If protective service officers harass you while filming on federal property, you may remind them of a recently issued directive informing them that there’s no prohibition against public photography at federal buildings.
“Stand back.”
If you’re approaching the scene of an investigation or an accident, police will likely order you to move back. Depending on the circumstances, you might become involved in an intense negotiation to determine the “appropriate” distance you need to stand back to avoid “interfering” with their work.
If you feel you’re already standing at a reasonable distance, you may say something like, “Officer, I have a right to be here. I’m filming for documentation purposes and not interfering with your work.” It’s then up to you to decide how far back you’re willing to stand to avoid arrest.
Rule #4: Don’t Share Your Video with Police
If you capture video of police misconduct or brutality, but otherwise avoid being identified yourself, you can anonymously upload it to YouTube. This seems to be the safest legal option. For example, a Massachusetts woman who videotaped a cop beating a motorist with a flashlight posted the video to the Internet. Afterwards, one of the cops caught at the scene filed criminal wiretapping charges against her. (As usual, the charges against her were later dropped.)
On the other hand, an anonymous videographer uploaded footage of an NYPD officer body-slamming a man on a bicycle to YouTube. Although the videographer was never revealed, the video went viral. Consequently, the manufactured assault charges against the bicyclist were dropped, the officer was fired, and the bicyclist eventually sued the city and won a $65,000 settlement.
Rule #5: Prepare to be Arrested
Keene, New Hampshire resident Dave Ridley is the avatar of the new breed of journalist/activist/filmmaker testing the limits of the First Amendment right to record police. Over the past few years he’s uploaded the most impressive collection of first-person police encounter videos I’ve ever seen.
Ridley’s calm demeanor and knowledge of the law paid off last August after he was arrested for trespassing at an event featuring Vice President Joe Biden. The arresting officers at his trial claimed he refused to leave when ordered to do so. But the judge acquitted him when his confiscated video proved otherwise.
With respect to the law Ridley declares, “If you’re rolling the camera, be very open and upfront about it. And look at it as a potential act of civil disobedience for which you could go to jail.” It’s indeed disturbing that citizens who are not breaking the law should prepare to be arrested, but in the current legal fog this is sage advice.
“Shut it off, or I’ll arrest you.”
At this point you are risking arrest in order to test the boundaries of free speech. So if police say they’ll arrest you, believe them. You may comply by saying something like “Okay, Officer. But I’m turning the camera off under protest.”
If you keep recording, brace yourself for arrest. Try your best not to drop your camera, but do not physically resist. As with any arrest, you have the right to remain silent until you speak with a lawyer. Use it.
Remember that the camera might still be recording. So keep calm and act like you’re being judged by a jury of millions of your YouTube peers, because one day you might be.
Rule #6: Master Your Technology
Smartphone owners now outnumber users of more basic phones. At any moment there are more than 100 million Americans in reach of a device that can capture police misconduct and share it with the world in seconds.
If you’re one of them, you should consider installing a streaming video recording and sharing app such as Qik or Bambuser. Both apps are free and easy to use.
Always Passcode Protect Your Smartphone
The magic of both apps is that they can instantly store your video offsite. This is essential for preserving video in case police illegally destroy or confiscate your camera. But even with these apps installed, you’ll want to make sure that your device is always passcode protected. If a cop snatches your camera, this will make it extremely difficult for her to simply delete your videos. (If a cop tries to trick you into revealing your passcode, never, never, never give it up!)
Keep in mind that Qik and Bambuser’s offsite upload feature might be slow or nonexistent in places without Wi-Fi or a strong 3G/4G signal. Regardless, your captured video will be saved locally on your device until you’ve got a good enough signal to upload offsite.
Set Videos to “Private”
Both apps allow you to set your account to automatically upload videos as “private” (only you can see them) or “public” (everyone can see them). But until police are no longer free to raid the homes of citizens who capture and upload YouTube videos of them going berserk, it’s probably wise to keep your default setting to “private.”
With a little bit of practice you should be able to pull your smartphone from your pocket or purse, turn it on, enter your passcode, open the app, and hit record within 10 seconds. Keep your preferred app easily accessible on your home screen to save precious seconds. But don’t try to shave milliseconds off your time by disabling your passcode.
Both apps share an important feature that allows your video to be saved if your phone is turned off—even if you’re still recording. So if you anticipate that a cop is about to grab your phone, quickly turn it off. Without your passcode, police won’t be able to delete your videos or personal information even if they confiscate or destroy your phone.
With the iPhone 4 and Samsung Galaxy Android devices I tested, when the phone is turned off the Qik app immediately stops recording and uploads the video offsite. But if the phone is turned off while Bambuser records, the recording continues after the screen goes black.
This Bambuser “black out” feature is a double-edged sword. While it could easily trick cops into thinking you’re not recording them, using it could push you into more dangerous legal territory. As previously mentioned, courts have shown a willingness to convict citizens for secretly recording police. So if you’re somehow caught using this feature it might be easier for a prosecutor to convince a judge or jury that you’ve broken the law. It’s up to you to decide if the increased legal risk is worth the potential to capture incriminating police footage.
Other Recording Options
Cameras lacking offsite recording capability are a less desirable option. As mentioned earlier, if cops delete or destroy your footage—which happens waytoooften—you might lose your only hope of challenging their version of events in court. But if you can hold on to your camera, there are some good options.
Carlos Miller is a Miami-based photojournalism activist and writer of the popular Photography is Not a Crime blog. While he carries a professional-end Canon XA10 in the field, he says “I never leave home without a Flip camera on a belt pouch. It’s a very decent camera that’s easier to carry around.”
The top-of-the-line Flip UltraHD starts at $178, but earlier models are available for $60 on Amazon. All flip models have one-button recording, which allows you to pull it out of your pocket and shoot within seconds. The built-in USB then lets you upload video to YouTube or other sharing sites through your PC.
Small businessman and “radical technology” educator Justin Holmes recommends the Canon S-series line of cameras. In 2008, his camera captured a police encounter he had while rollerblading in Port Dickenson, New York. His footage provides an outstanding real-life example of how a calm camera-toting citizen can intelligently flex their rights.
“I typically carry a Canon S5-IS,” Holmes says. “But if I was going to buy one new, I'd go for the SX40-HS. If I were on a budget and buying one used, I'd go for S2-IS or S3-IS.” The features he regards as essential include one-touch video, high-quality stereo condenser microphones, fast zoom during video, and 180x270 variable angle LCD. But the last feature he regards as “absolutely essential.” With it the user can glance at the viewfinder while the camera is below or above eye level.
Rule #7: Don’t Point Your Camera Like a Gun
“When filming police you always want to avoid an aggressive posture,” insists Holmes. To do this he keeps his strap-supported camera close to his body at waist level. This way he can hold a conversation while maintaining eye contact with police, quickly glancing at the viewfinder to make sure he’s getting a good shot.
Obviously, those recording with a smartphone lack this angled viewfinder. But you can get a satisfactory shot while holding your device at waist level, tilting it upward a few degrees. This posture might feel awkward at first, but it’s noticeably less confrontational than holding the camera between you and the officer’s face.
Also try to be in control of your camera before an officer approaches. You want to avoid suddenly grasping for it. If a cop thinks you’re reaching for a gun, you could get shot.
Becoming a Hero
If you’ve recently been arrested or charged with a crime after recording police, contact a lawyer with your state’s ACLU chapter for advice as soon as possible. (Do not publicly upload your video before then.) You may also contact http://www.pixiq.com/contributors/carlosmillerWe’re not a law firm, but we’ll do our best to help you.
If your case is strong, the ACLU might offer to take you on as a litigant. If you accept, your brave stand could forever change the way police treat citizens asserting their First Amendment right to record police. This path is not for fools, and it might disrupt your life. But next time you see police in action, don’t forget that a powerful tool for truth and justice might literally be in your hands.
Steve Silverman is the founder & executive director of FlexYourRights.org and co-creator of the film 10 Rules for Dealing with Police.
Courts are expanding rights but cops are cracking down. Find out how to keep your footage, and yourself, out of trouble.
Steve SilvermanLast week the City of Boston agreed to pay Simon Glik $170,000 in damages and legal fees to settle a civil rights lawsuit stemming from his 2007 felony arrest for videotaping police roughing up a suspect. Prior to the settlement, the First Circuit Court of Appeals unanimously ruled that Glik had a “constitutionally protected right to videotape police carrying out their duties in public.” The Boston Police Department now explicitly instructs its officers not to arrest citizens openly recording them in public.
Slowly but surely the courts are recognizing that recording on-duty police is a protected First Amendment activity. But in the meantime, police around the country continue to intimidate and arrest citizens for doing just that. So if you’re an aspiring cop watcher you must be uniquely prepared to deal with hostile cops.
If you choose to record the police you can reduce the risk of terrible legal consequences and video loss by understanding your state’s laws and carefully adhering to the following rules.
Rule #1: Know the Law (Wherever You Are)
Conceived at a time when pocket-sized recording devices were available only to James Bond types, most eavesdropping laws were originally intended to protect people against snoops, spies, and peeping Toms. Now with this technology in the hands of average citizens, police and prosecutors are abusing these outdated laws to punish citizens merely attempting to document on-duty police.
The law in 38 states plainly allows citizens to record police, as long as you don’t physically interfere with their work. Police might still unfairly harass you, detain you, or confiscate your camera. They might even arrest you for some catchall misdemeanor such as obstruction of justice or disorderly conduct. But you will not be charged for illegally recording police.
Twelve states—California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Pennsylvania, and Washington—require the consent of all parties for you to record a conversation.
However, all but 2 of these states—Massachusetts and Illinois—have an “expectation of privacy provision” to their all-party laws that courts have ruled does not apply to on-duty police (or anyone in public). In other words, it’s technically legal in those 48 states to openly record on-duty police.
Rule #2 Don’t Secretly Record Police
In most states it’s almost always illegal to record a conversation in which you’re not a party and don’t have consent to record. Massachusetts is the only state to uphold a conviction for recording on-duty police, but that conviction was for a secret recording where the defendant failed to inform police he was recording. (As in the Glik case, Massachusetts courts have ruled that openly recording police is legal, but secretly recording them isn’t.)
Fortunately, judges and juries are soundly rejecting these laws. Illinois, the state with the most notorious anti-recording laws in the land, expressly forbids you from recording on-duty police. Early last month an Illinois judge declared that law unconstitutional, ruling in favor of Chris Drew, a Chicago artist charged with felony eavesdropping for secretly recording his own arrest. Last August a jury acquitted Tiawanda Moore of secretly recording two Chicago Police Internal Affairs investigators who encouraged her to drop a sexual harassment complaint against another officer. (A juror described the case to a reporter as “a waste of time.”) In September, an Illinois state judge dropped felony charges against Michael Allison. After running afoul of local zoning ordinances, he faced up to 75 years in prison for secretly recording police and attempting to tape his own trial.
The lesson for you is this: If you want to limit your legal exposure and present a strong legal case, record police openly if possible. But if you videotape on-duty police from a distance, such an announcement might not be possible or appropriate unless police approach you.
Rule #3: Respond to “Shit Cops Say”
When it comes to police encounters, you don’t get to choose whom you’re dealing with. You might get Officer Friendly, or you might get Officer Psycho. You’ll likely get officers between these extremes. But when you “watch the watchmen,” you must be ready to think on your feet.
In most circumstances, officers will not immediately bull rush you for filming them. But if they aren’t properly trained, they might feel like their authority is being challenged. And all too often police are simply ignorant of the law. Part of your task will be to convince them that you’re not a threat while also standing your ground.
“What are you doing?”
Police aren’t celebrities, so they’re not always used to being photographed in public. So even if you’re recording at a safe distance, they might approach and ask what you are doing. Avoid saying things like “I’m recording you to make sure you’re doing your job right” or “I don’t trust you.”
Instead, say something like “Officer, I’m not interfering. I’m asserting my First Amendment rights. You’re being documented and recorded offsite.”
Saying this while remaining calm and cool will likely put police on their best behavior. They might follow up by asking, “Who do you work for?” You may, for example, tell them you’re an independent filmmaker or a citizen journalist with a popular website/blog/YouTube show. Whatever you say, don’t lie—but don’t let police trick you into thinking that the First Amendment only applies to mainstream media journalists. It doesn’t.
“Let me see your ID.”
In the United States there’s no law requiring you to carry a government ID. But in 24 states police may require you to identify yourself if they have reasonable suspicion that you’re involved in criminal activity.
But how can you tell if an officer asking for ID has reasonable suspicion? Police need reasonable suspicion to detain you, so one way to tell if they have reasonable suspicion is to determine if you're free to go. You can do this by saying “Officer, are you detaining me, or am I free to go?”
If the officer says you’re free to go or you’re not being detained, it’s your choice whether to stay or go. But if you're detained, you might say something like, “I’m not required to show you ID, but my name is [your full name].” It’s up to you if you want to provide your address and date of birth if asked for it, but I’d stop short of giving them your Social Security number.
“Please stop recording me. It’s against the law.”
Rarely is it advisable to educate officers about the law. But in a tense recording situation where the law is clearly on your side, it might help your case to politely present your knowledge of state law.
For example, if an insecure cop tries to tell you that you’re violating his civil liberties, you might respond by saying “Officer, with all due respect, state law only requires permission from one party in a conversation. I don’t need your permission to record so long as I’m not interfering with your work.”
If you live in one of the 12 all party record states, you might say something like “Officer, I’m familiar with the law, but the courts have ruled that it doesn’t apply to recording on-duty police.”
If protective service officers harass you while filming on federal property, you may remind them of a recently issued directive informing them that there’s no prohibition against public photography at federal buildings.
“Stand back.”
If you’re approaching the scene of an investigation or an accident, police will likely order you to move back. Depending on the circumstances, you might become involved in an intense negotiation to determine the “appropriate” distance you need to stand back to avoid “interfering” with their work.
If you feel you’re already standing at a reasonable distance, you may say something like, “Officer, I have a right to be here. I’m filming for documentation purposes and not interfering with your work.” It’s then up to you to decide how far back you’re willing to stand to avoid arrest.
Rule #4: Don’t Share Your Video with Police
If you capture video of police misconduct or brutality, but otherwise avoid being identified yourself, you can anonymously upload it to YouTube. This seems to be the safest legal option. For example, a Massachusetts woman who videotaped a cop beating a motorist with a flashlight posted the video to the Internet. Afterwards, one of the cops caught at the scene filed criminal wiretapping charges against her. (As usual, the charges against her were later dropped.)
On the other hand, an anonymous videographer uploaded footage of an NYPD officer body-slamming a man on a bicycle to YouTube. Although the videographer was never revealed, the video went viral. Consequently, the manufactured assault charges against the bicyclist were dropped, the officer was fired, and the bicyclist eventually sued the city and won a $65,000 settlement.
Rule #5: Prepare to be Arrested
Keene, New Hampshire resident Dave Ridley is the avatar of the new breed of journalist/activist/filmmaker testing the limits of the First Amendment right to record police. Over the past few years he’s uploaded the most impressive collection of first-person police encounter videos I’ve ever seen.
Ridley’s calm demeanor and knowledge of the law paid off last August after he was arrested for trespassing at an event featuring Vice President Joe Biden. The arresting officers at his trial claimed he refused to leave when ordered to do so. But the judge acquitted him when his confiscated video proved otherwise.
With respect to the law Ridley declares, “If you’re rolling the camera, be very open and upfront about it. And look at it as a potential act of civil disobedience for which you could go to jail.” It’s indeed disturbing that citizens who are not breaking the law should prepare to be arrested, but in the current legal fog this is sage advice.
“Shut it off, or I’ll arrest you.”
At this point you are risking arrest in order to test the boundaries of free speech. So if police say they’ll arrest you, believe them. You may comply by saying something like “Okay, Officer. But I’m turning the camera off under protest.”
If you keep recording, brace yourself for arrest. Try your best not to drop your camera, but do not physically resist. As with any arrest, you have the right to remain silent until you speak with a lawyer. Use it.
Remember that the camera might still be recording. So keep calm and act like you’re being judged by a jury of millions of your YouTube peers, because one day you might be.
Rule #6: Master Your Technology
Smartphone owners now outnumber users of more basic phones. At any moment there are more than 100 million Americans in reach of a device that can capture police misconduct and share it with the world in seconds.
If you’re one of them, you should consider installing a streaming video recording and sharing app such as Qik or Bambuser. Both apps are free and easy to use.
Always Passcode Protect Your Smartphone
The magic of both apps is that they can instantly store your video offsite. This is essential for preserving video in case police illegally destroy or confiscate your camera. But even with these apps installed, you’ll want to make sure that your device is always passcode protected. If a cop snatches your camera, this will make it extremely difficult for her to simply delete your videos. (If a cop tries to trick you into revealing your passcode, never, never, never give it up!)
Keep in mind that Qik and Bambuser’s offsite upload feature might be slow or nonexistent in places without Wi-Fi or a strong 3G/4G signal. Regardless, your captured video will be saved locally on your device until you’ve got a good enough signal to upload offsite.
Set Videos to “Private”
Both apps allow you to set your account to automatically upload videos as “private” (only you can see them) or “public” (everyone can see them). But until police are no longer free to raid the homes of citizens who capture and upload YouTube videos of them going berserk, it’s probably wise to keep your default setting to “private.”
With a little bit of practice you should be able to pull your smartphone from your pocket or purse, turn it on, enter your passcode, open the app, and hit record within 10 seconds. Keep your preferred app easily accessible on your home screen to save precious seconds. But don’t try to shave milliseconds off your time by disabling your passcode.
Both apps share an important feature that allows your video to be saved if your phone is turned off—even if you’re still recording. So if you anticipate that a cop is about to grab your phone, quickly turn it off. Without your passcode, police won’t be able to delete your videos or personal information even if they confiscate or destroy your phone.
With the iPhone 4 and Samsung Galaxy Android devices I tested, when the phone is turned off the Qik app immediately stops recording and uploads the video offsite. But if the phone is turned off while Bambuser records, the recording continues after the screen goes black.
This Bambuser “black out” feature is a double-edged sword. While it could easily trick cops into thinking you’re not recording them, using it could push you into more dangerous legal territory. As previously mentioned, courts have shown a willingness to convict citizens for secretly recording police. So if you’re somehow caught using this feature it might be easier for a prosecutor to convince a judge or jury that you’ve broken the law. It’s up to you to decide if the increased legal risk is worth the potential to capture incriminating police footage.
Other Recording Options
Cameras lacking offsite recording capability are a less desirable option. As mentioned earlier, if cops delete or destroy your footage—which happens waytoooften—you might lose your only hope of challenging their version of events in court. But if you can hold on to your camera, there are some good options.
Carlos Miller is a Miami-based photojournalism activist and writer of the popular Photography is Not a Crime blog. While he carries a professional-end Canon XA10 in the field, he says “I never leave home without a Flip camera on a belt pouch. It’s a very decent camera that’s easier to carry around.”
The top-of-the-line Flip UltraHD starts at $178, but earlier models are available for $60 on Amazon. All flip models have one-button recording, which allows you to pull it out of your pocket and shoot within seconds. The built-in USB then lets you upload video to YouTube or other sharing sites through your PC.
Small businessman and “radical technology” educator Justin Holmes recommends the Canon S-series line of cameras. In 2008, his camera captured a police encounter he had while rollerblading in Port Dickenson, New York. His footage provides an outstanding real-life example of how a calm camera-toting citizen can intelligently flex their rights.
“I typically carry a Canon S5-IS,” Holmes says. “But if I was going to buy one new, I'd go for the SX40-HS. If I were on a budget and buying one used, I'd go for S2-IS or S3-IS.” The features he regards as essential include one-touch video, high-quality stereo condenser microphones, fast zoom during video, and 180x270 variable angle LCD. But the last feature he regards as “absolutely essential.” With it the user can glance at the viewfinder while the camera is below or above eye level.
Rule #7: Don’t Point Your Camera Like a Gun
“When filming police you always want to avoid an aggressive posture,” insists Holmes. To do this he keeps his strap-supported camera close to his body at waist level. This way he can hold a conversation while maintaining eye contact with police, quickly glancing at the viewfinder to make sure he’s getting a good shot.
Obviously, those recording with a smartphone lack this angled viewfinder. But you can get a satisfactory shot while holding your device at waist level, tilting it upward a few degrees. This posture might feel awkward at first, but it’s noticeably less confrontational than holding the camera between you and the officer’s face.
Also try to be in control of your camera before an officer approaches. You want to avoid suddenly grasping for it. If a cop thinks you’re reaching for a gun, you could get shot.
Becoming a Hero
If you’ve recently been arrested or charged with a crime after recording police, contact a lawyer with your state’s ACLU chapter for advice as soon as possible. (Do not publicly upload your video before then.) You may also contact http://www.pixiq.com/contributors/carlosmillerWe’re not a law firm, but we’ll do our best to help you.
If your case is strong, the ACLU might offer to take you on as a litigant. If you accept, your brave stand could forever change the way police treat citizens asserting their First Amendment right to record police. This path is not for fools, and it might disrupt your life. But next time you see police in action, don’t forget that a powerful tool for truth and justice might literally be in your hands.
Steve Silverman is the founder & executive director of FlexYourRights.org and co-creator of the film 10 Rules for Dealing with Police.
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