Colorado COC Updates by mobile phone

Now you can receive updates from the Colorado COC by mobile phone text message.

Information that you can receive by Text Message includes: Meeting Reminders, alert from the Colorado COC Board, and reminders about Special Meetings, and Events sponsored by the Confederation of Clubs.

If you belong to a Colorado COC member club, you can Click Here, to be added to our Text message list.

Profiling Survey sponsored by the Motorcycle Profiling Project.

The data collected in this survey will help motorcyclist rights advocates throughout the country gather information that is needed to build an effective argument in the request for legislative relief in protecting all aspects of your motorcycling lifestyle.
Moreover, this survey will provide quantifiable up-to-date data from a national perspective, as well as a state and local perspective. This information will help identify the geographical areas that have a higher propensity of motorcycle profiling and discriminatory acts directed towards bikers. This survey will also help identify the core issues and support legislative relief efforts on a state and national level. We would also like to identify the biker friendly areas and share this information with the communities so they can look into the best practices and what is working, and help build a better social environment for all.
This survey will take about 15 minutes to complete. HOWEVER, it will provide a lifetime of benefits.
In its entirety, this survey will run no less than 12 months with quarterly updates published through the sponsors’ websites, the first quarterly update will be released around 1 January 2017

 

Click here to complete this survey.

Texas Biker Movement Alive and Strong After Waco Tragedy

By David “Double D” Devereaux

2017-01-30_10-48-52

The motorcycle rights movement is alive and thriving in the state of Texas. Although many motorcyclists conjectured that the tragedy that occurred in Waco on May 17, 2017 would reduce participation in the Texas Confederation of Clubs and Independents, over a thousand club members and independents showed up for the bi-annual Rally held at the Capitol in Austin every other year. On January 23, 2017, the Motorcycle Profiling Project joined select motorcycle rights advocates from around the country and a contingent representing the National Council of Clubs (NCOC) in a show of support and solidarity that clearly communicates that clubs and independents from across America support the Texas COC&I and Texas bikers in their struggle against motorcycle profiling and discrimination.

Crisis creates opportunity

After Waco, many in the biker community worried that the motorcycle rights movement in Texas would become fractured and lose participation. This logic was based on a couple of factors. There was supposed to be a Texas COC&I meeting at the Twin Peaks where the tragedy occurred. Would clubs and independents stop participating for fear that merely being present at a political meeting could get you arrested without individualized suspicion and given a 1-million-dollar bond? Would law enforcement start surrounding all TCOC&I political gatherings with a multi-agency task force with high powered rifles?

But Texas bikers have made another choice. The manpower behind the movement to protect motorcycle rights is still mobilized and politically active. TCOC&I meetings have continued to peacefully assemble statewide as they have for nearly 20 years without any incidents or violence.

In the face of crisis, Texas bikers have not laid down and surrendered to fear or complacency. Instead, they have chosen to stand up and fight for their liberties as demonstrated by the mass gathering at the Capitol on January 23rd. And this mobilization is nationwide as evidenced by the support from states coast-to-coast represented in Austin.

Bikers from Across America Show Support for Texas Bikers

After Waco, many motorcyclists view the state of Texas as ground zero in the effort to preserve motorcyclist’s civil liberties and the fight against profiling and discrimination. Although there was some discussion relating to pending motorcycle safety legislation like lane-filtering, the clear message from the community was that motorcycle profiling and discrimination is the most important issue currently facing Texas bikers.

In search of support and sponsorship, the mass of bikers gathered at the steps of the Capitol to deliver their message. Impressively, many of them were not from Texas. Indeed, the NCOC showed their support with a contingent from Washington State, California, New York, Maryland, Nevada North Carolina and Utah. Long Island ABATE was also present and displaying a banner declaring support for Texas bikers. The Motorcycle Riders Foundation, another organization dedicated to the fight against profiling, was also present.

Guest speakers included Dr. Will Dulaney from North Carolina and David “Double D” Devereaux from Washington State, as representatives of the NCOC and MPP. Double D spoke about Texas being at the epicenter in the battle against motorcycle profiling. “Texas showed us all that grassroots manpower worked when they brought the country the US Defenders program. Now it’s time to use the model to protect Texas bikers!”

Dulaney introduced a new program from the MPP providing consultation and expert witnesses to bikers with public defenders facing criminal charges. “Public defenders are often overwhelmed with caseloads and uninformed about issues specific to the biker and club community”, explained Dulaney.

Russell Radke, representing the MRF, discussed the national organization’s commitment to pass federal legislation addressing motorcycle profiling. Radke explained that the MRF is one of the only organizations with an infrastructure firmly rooted in Washington DC.

Finally, recently elected District Attorney Mark Gonzales, a motorcycle club member himself, confirmed that even he has been the victim of motorcycle profiling during his recent campaign. Gonzales explained that his named popped up as a gang member during a traffic stop. He’s the newly elected District Attorney! Gonzales is proof positive that motorcycle profiling impacts everyday bikers simply based on a stereotype. There is obviously a problem when the District Attorney has been labeled a gang member with NO due process.

The post Texas Biker Movement Alive and Strong After Waco Tragedy appeared first on Motorcycle Profiling Project.

Source:: Texas Biker Movement Alive and Strong After Waco Tragedy

Jury Finds Mongols Not Guilty After Motorcycle Profiling Arrest

By David “Double D” Devereaux

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Motorcycle profiling is an epidemic in California and this fact is perfectly illustrated by recent actions targeting motorcycle club members by the San Diego Police Department. Specifically, one Detective Timothy Coyle has recently been targeting motorcycle club members with harassment and frivolous criminal charges related to the possession of weaved leather decorations as slung-shots, commonly called “Get Back Whips”. Documented incidents prove Detective Coyle has been targeting members of the Mongols and Chosen Few Motorcycle Clubs, harassing them, and arresting them frivolously.

Official complaints have been filed and last month a jury in San Diego rejected Coyle’s tactics and found two Mongols MC members not guilty related to illegal weapons charges deriving from so called “Get Back Whips.” Members of the Chosen Few MC are currently awaiting trial on the same charges, again involving Coyle.

This type of discrimination and profiling is unacceptable and must not be tolerated. Legislation prohibiting motorcycle profiling in California would be a cost efficient and effective solution.

Mongols Arrested For Get Back Whips

Dr. William Dulaney, an established expert witness in cases involving motorcycle clubs, recently wrote to the MPP regarding a recent case in which he consulted.

The Story- Two members of the Mongols MC were arrested on illegal weapons charges south of San Diego, California in May 2015 while riding with over 30 other Mongols members and five friends. “Specifically, two members were arrested and charged with illegally possessing “slung shots”, commonly called get back whips,” says Dulaney. (Note that at the time of the incident one of the men was not yet a member.) The group was on its way to their annual World Run held in Mexico.

After exiting the U.S. border, the entire pack of riders were directed to a large inspection area bounded by concrete barriers. There ATF Special Agent Ciccone and other police officers searched several members of the Mongols, including the 2 ultimately charged, “but it was San Diego Detective Timothy Coyle who interpreted a key chain and a decorative braided belt chain as slung shots,” says Dulaney.

Mongols Acquitted in Chula Vista Trial

The prosecution was based on Detective Coyle’s claims he submitted in his report to the court for trial and under oath that, “These slung shots are commonly carried by outlaw motorcycle gang members to be used as a readily available weapon. The weapon is swung at the intended target with the metal clip striking the victim.” (Official Report, “Investigation” section, pg. 6). Indeed, “Coyle goes on to claim that he has ONLY observed these items used as weapons,” writes Dulaney.

But the jury did not agree and both Mongol MC defendants were acquitted. Perhaps they were persuaded by the fact that the defendants were not wearing weapons or whips? Indeed, one defendant was wearing, clipped to his vest, “a 10” keychain made of braided nylon parachute cord and a metal clip similar to clips used on dog leashes.” The other defendant wore “attached to his belt a roughly two-foot decorative chain with nylon parachute cord wound through the chain links.

According to Dulaney, Coyle was unable to answer, under oath, when asked about the history of the slung shot. He stated into the record that he is unaware of any such history. Ever hear the one about David and Goliath?

But maybe most telling was the fact that the officer ordered to take the defendants into custody and to jail “apologized to them both for not having a clue why they were being arrested. Evidence corroborating the claims here is found in the very words used by the arresting officer on the official report,” says Dulaney.

Upcoming Chosen Few Trial

Indeed, “Coyle is making a name for himself as the biker slung shot expert,” says Dulaney. Unfortunately, the Mongols incident is not isolated. Members of the Chosen a Few MC are still awaiting their trials for identical charges. Again, Detective Coyle is involved in their incident as well.

On September 9th, 2016 at least 5 SDPD officers conducted a profiling stop on 2 members of the Chosen Few Motorcycle Club and arrested them for participation in a criminal street gang. These men committed no crimes and had no criminal records but were still given excessive bail.

One Chosen Few member confirmed to the MPP that he was charged with possessing a slungshot- the decorative zip-tied whip- and both men were charged with possessing brass knuckles for wearing rings, including wedding rings. Both men were also given gang enhancements for participating in a criminal street gang. Both men were also given $120,000 bail.

Official complaints have been filed against the officers involved, and one can only hope that another jury will see through this type of discriminatory policing in San Diego particularly considering that Detective Coyle appears to be a common denominator in these recent incidents of discrimination.

Conclusions

The actions of the SDPD are inexcusable. Targeted harassment of motorcycle clubs based solely on association is a baseline violation of an individual’s civil liberties. A simple legislative solution exists that immediately reduces profiling. Other states like Washington and Maryland faced similar discrimination and responded by passing laws prohibiting motorcycle profiling. These laws have been effective reducing discriminatory stops and preserving the right of motorcyclists to travel free from harassment.

The post Jury Finds Mongols Not Guilty After Motorcycle Profiling Arrest appeared first on Motorcycle Profiling Project.

Source:: Jury Finds Mongols Not Guilty After Motorcycle Profiling Arrest

National Survey

 

national-motorcycle-profiling-survey-featured-image

Recently, the National Motorcycle Profiling Survey 2015-2016 concluded and the results definitively demonstrate that motorcycle profiling is an epidemic in America. Many motorcyclists in America have been targeted based on appearance, not behavior. The NMPS 2015-2016 is 99% reliable with only a 1.4% deviation.

 

The 2016-2017 NMPS is intended to more accurately define profiling trends so resources and attention can be focused on the areas that need it the most. As the movement to end motorcycle profiling continues to gain momentum, statistical data and demographic information are an important tool in the efforts to obtain legislative relief across the country.

 

Please take the time to take the survey. Note: NO PERSONAL DATA IS REQUIRED! YOUR PRIVACY AND ANONYMITY ARE IMPORTANT AND RESPECTED. By asking for no more than your zip code and email, which is completely voluntary, there is no personal information to maintain or protect.

 

Participation is critical and will have long lasting, positive impacts on the community. Remember. Silence is consent.

Click the link below to take the Survey
http://www.motorcycleprofilingproject.com/national-motorcycle-profling-survey/

Video Proves Austin Police Trampled Bikers Rights

By David “Double D” Devereaux

On Tuesday the 13th of December at approximately 1:15pm Cody King was the victim of a motorcycle profiling stop in Austin, Texas. Cody was stopped under the pretext of failing to properly signal while riding his motorcycle. But the real intent was to illegally detain Cody so they could violate his privacy without justification by taking pictures of tattoos all over his body. Most bikers and club members have a similar story about being profiled. But Cody went the extra step and recorded the entire incident, exactly what all bikers should do.

Why The Stop Is Illegal

Under federal law, the US Supreme Court recently explained exactly how the 4th Amendment works in terms of extending traffic stops for investigatory purposes beyond an investigation of the traffic infraction that justified the initial seizure. The majority in Rodriguez v. US (2015) writes:

“A seizure for a traffic violation justifies a police investigation of that violation” – not more — and “authority for the seizure . . . ends when tasks tied to the traffic infraction are – or reasonably should have been—completed…” Traffic stops have to be reasonably short, and unless there is reasonable suspicion of some other crime, officers can’t use the stop as a subterfuge for extraneous investigation.” 1

The extended duration of Cody’s stop amounts to a 4th Amendment violation. The moment that the APD officer confirmed that Cody would not be receiving a ticket, authority for the seizure ended because “tasks tied to the traffic infraction” were- “or reasonably should have been- completed…”

Extending the duration of the stop to take pictures of Cody absent “reasonable suspicion of some other crime” is unconstitutional “subterfuge for extraneous investigation.”

Independently, photo-stops violate an individual’s Fourth Amendment rights because an investigative technique must be “reasonably related” to the original suspicion that justified the stop. 2 Obviously, photographing Cody’s tattoos the investigative technique in this instance- is in no way “reasonably related” to the turn signal violation that justified the initial stop.

Cody Did Not Give Consent

The APD offered Cody an unreasonable choice after the traffic infraction was adjudicated. The APD was going to take pictures of Cody regardless of his consent. It’s clear that he was still being detained and not free to leave. Cody was only given the choice between pictures being taken on the side of the road or at the jail. Cody being forced to choose between two unreasonable options does not amount to consent.

Motorcycle Club Membership is NOT Reasonable Suspicion

Many comments on the MPP reveal that some believe membership in a club that authorities label a gang amounts to reasonable suspicion and even probable cause for conducting an investigatory stop. This argument is specious for numerous reasons.

First, Cody is in a motorcycle club and has absolutely no criminal record. This proves being in a club does not make you a criminal. The facts of the specific case override generalized conjecture.

Second, Membership in motorcycle clubs, including clubs labeled organized or criminal gangs by authorities, is protected by the 1st Amendment.

There is “no evidence that by merely wearing [motorcycle club] “colors,” an individual is “involved in or associated with the alleged violent or criminal activity of other [motorcycle club] members. It is a fundamental principle that the government may not impose restrictions on an individual “merely because an individual belong[s] to a group, some members of which committed acts of violence.” In fact, the Supreme Court has long “disapproved governmental action . . . denying rights and privileges solely because of a citizen’s association with an unpopular organization.” Healy v. James, 408 U.S. 169, 185-86 (1972). 3

The Austin Police Should Have Known They Were Violating Cody’s Rights.

The APD officers involved in Cody’s stop are responsible for their actions. Official APD procedures make it clear that Cody’s stop was impermissible. The APD Policy Manual is extremely precise about photographs taken in the field. Knowledge or suspicion of gang membership does not justify photos. The APD Policy Manual reaffirms Supreme Court precedent. The APD Policy Manual reads:

318.6.2 FIELD PHOTOGRAPHS TAKEN WITHOUT CONSENT Field photographs may be taken without consent only if taken during a detention that is based on reasonable suspicion of criminal activity and the photograph serves a legitimate law enforcement purpose related to the detention.

(a) The officer must be able to articulate facts that reasonably indicate that the subject was involved in, or was about to become involved in, criminal conduct.
(b) Mere knowledge or suspicion of gang membership or affiliation is not a sufficient justification for taking a photograph without consent.
(c) If, prior to taking a photograph, the officer’s reasonable suspicion of criminal activity has been dispelled, the detention must cease and the photograph should not be taken. 4

Conclusion: Motorcycle Profiling in Texas is Irrefutable

What appended to Cody is not isolated. Similar incidents have happened to thousands of bikers in Texas and across America. What happens too seldom is documenting these incidents. Filming the police in public is a constitutional right. Cody’s stop is not just an anecdotal story. Cody’s video is incontrovertible proof that motorcycle profiling is occurring in the state of Texas.

Footnotes:

1 Rodriguez v. US, 135 S. Ct. 1609 – Supreme Court 2015

2 Bruder, Molly. “Say Cheese! Examining the Constitutionality of Photostops.” American University Law Review 57, no.6 (October 2008): p. 1695

3 Coles v. Carlini 162 F.Supp.3d 380 (2015) p.28

4 APD Policy Manual, 2016, p.171 https://austintexas.gov/sites/default/files/files/Police/APD_Policy_Manual.pdf

The post Video Proves Austin Police Trampled Bikers Rights appeared first on Motorcycle Profiling Project.

Source:: Video Proves Austin Police Trampled Bikers Rights

Why Conviction of Pagans MC Member was Overturned

By David “Double D” Devereaux

On December 2, 2016 a Pennsylvania Superior Court Order overturned the conviction and sentence of Dennis Katona, identified by authorities as a former member of the Pagans Motorcycle Club convicted for possession and the intent to distribute a controlled substance. Despite Katona’s connection, prosecutors claim he was acting alone and without the club’s involvement. 1

Essentially the court determined that evidence obtained from the search of Katona’s home was inadmissible because independent probable cause is required for each intercept of a conversation occurring in a private residence. Therefore, a warrant allowing consensual intercepts of an individual in his home over a 30 day period violates both the US and Pennsylvania constitutions.2

The Superior Court’s Decision

In a 2-1 decision, the Court majority overturned Kastona’s conviction based on the state’s Supreme Court precedent case Commonwealth v. Brion decided in 1994. The Court argued that the constitution requires a judge to approve a search warrant when a wired informant enters someone’s home as opposed to meeting them on the street, in a car or in a restaurant. In Brion, the court held:

“Because the right to privacy in one’s domain is sacrosanct, we hold that Article 1 § 8 of the Pennsylvania Constitution precludes the police from sending a confidential informer into the home of an individual to electronically record his conversations.” 3

The Superior Court reasoned that a clear and unambiguous reading of both Supreme Court precedent and enacted legislation requires independent probable cause for every intercept in a private residence under both the state and federal constitutions. 4

“Because society places a higher expectation of privacy in a face-to-face conversation taking place within an individual’s home compared to a telephone conversation, a 30-day period of time in which to obtain such in-home intercepted communications does not comport with the protections afforded by the Fourth Amendment of the United States Constitution and Article I, Section 8 of the Pennsylvania Constitution.” 5

Although the Superior Court’s decision is positive for advancing protections against illegal search and seizures, the decision will likely be appealed.

What Happens Next?

Deputy State Attorney General Michael M. Ahwesh, who prosecuted the case reports, “I fully anticipate we will file an appeal.” 6 The state has two appeal options — requesting a new hearing before a nine-judge panel of the Superior Court or requesting a hearing before the state Supreme Court. 7

The Katona court prefers a state Supreme Court review. The court concluded by writing, “we are cognizant of the fact that this court will not be the final word on this issue. We strongly advocate that our Supreme Court review this case and determine whether our interpretation is in line with its seminal decision in Brion. We recognize this decision has broad ramifications for law enforcement.” 8

Katona, who is currently serving 40 to 80 months in prison for his 2014 conviction on drug charges, could ask a judge to release him on bail pending an appeal. 9

Conclusions

Although dissenting Judge Eugene B. Strassburger argued that “requiring police to seek a judge’s approval each time they sent the informant into the home would be a burden”, most constitutional protections, “including the right to be free from unreasonable search and seizures, are supposed to be burdensome,” says Katona’s attorney Paul Boas. “It is burdensome to get a warrant, read a suspect the Miranda warnings, pick a jury and hold a trial.”

“This is a democracy. It’s not supposed to be easy. We’re in big trouble the day law enforcement stops complaining about how hard it is for them.” 10

Footnotes

1 Pittsburgh Action News 4, Nov.11, 2014, Former Pagans head guilty, sentenced for drugs. Deputy Attorney General says it appears Katona was dealing the drugs “on his own. We don’t think the club was involved.”

2 Com. v. Katona, D. No. 1995 WDA 2014, 2016 PA Super 269. p.3 “The crux of appellant’s suppression claim is whether the June 29th search was unconstitutional because it was based on a May 16, 2011 order signed by Judge John Blahovic that authorized consensual intercepts by a confidential informant (“CI”) over a 30-day period in appellant’s home. Specifically, as a result of numerous in-home intercepts, probable cause was established for the full search of appellant’s home. Appellant asserts that the May 16th order violated our Supreme Court’s decision in Brion, in that it allowed for unlimited intercepts in his home over a period of 30 days.”

3 Commonwealth v. Brion, [652 A.2d 287 (Pa. 1994),] and as codified in 18 Pa.C.S.[A.] § 5704(2)(iv)

4 See Supra Note 1 at p.10 “We find that, based on a clear reading and the intent of both the Brion decision and the statute, a separate finding of probable cause was required for each in-home intercept.”

5 See Supra Note 1 at p.13

6 Tribune Review Live, Court overturns conviction, sentence of former leader of Pagans, Dec.2, 2016. http://triblive.com/local/westmoreland/11578375-74/state-judge-court

7 Id

8 See Supra Note 1 at p.14

9 See Supra Note 5

10 Id.

The post Why Conviction of Pagans MC Member was Overturned appeared first on Motorcycle Profiling Project.

Source:: Why Conviction of Pagans MC Member was Overturned