Monthly Archives: September 2019

PA Biker’s Firearm Illegally Seized After Major Injury Accident

By Dave “Irish” Dohrmann

The MPP has reported extensively about the alarming trend of law enforcement and government officials charging individual with crimes, or having personal property seized simply for belonging to motorcycle clubs. Many of these instances are clear violations of the US Constitution. The following is a report about a Pennsylvania man’s ordeal. He has zero criminal history and is a legal Pennsylvania and Utah Concealed Carry Permit holder. While riding his motorcycle he was struck by a truck in a traffic accident. His firearm, nonsensically, was confiscated under the guise of being evidence in the investigation of a traffic accident. Such incidents highlight the urgent need for legislation addressing the practice of motorcycle profiling as recently urged by the unanimous consent of the US Senate. Although the incident happened in May, court proceedings begin tomorrow, September 18th.

The Incident

On May 11th, 2019, a member of the Pagan’s Motorcycle Club was traveling on Rt. 291, just outside of Philadelphia. A pickup truck driven by an uninsured, out-of-state driver pulled out of the left-hand shoulder of the road and hit the member’s Harley-Davidson motorcycle. He was thrown approximately forty feet from the motorcycle, receiving multiple, major injuries. Fortunately, traveling behind was a member of the Brookers MC, and his wife, both former EMT’s. She helped keep the victim calm and stable until an ambulance could arrive. While waiting for ambulance and police to arrive, the Pagan’s MC member gave the Brookers MC member his legally owned handgun to safely secure. The Bookers MC member placed the firearm in his truck inside the locked glove box. Once medics arrived and took over the scene, the victim’s jacket was unzipped and, according to the Bookers MC member’s wife, a Chester police office noticed a Pagan’s t-shirt, remarking “oh, he’s a Pagan.” While being loaded onto the ambulance for transport to a local hospital, another Chester police officer noticed the victim’s empty firearm holster.

The Seizure

The Chester officer asked the Bookers MC member if he knew where the firearm was. He informed the officer that he had taken possession of the firearm and would transport it to the victim’s home. The officer falsely stated that it was illegal and that he was required to seize the firearm. The Bookers MC member responded that he has a current and legal Concealed Carry Permit in the state of PA, and it is legal for him as such to take possession of said firearm. The officer demanded the firearm while he spoke with a supervisor about the law. The Bookers MC member complied and gave the officers the firearm. The officer returned to his squad car, and left the scene within five minutes, taking the firearm with him.

The Realization

After five days in the hospital with serious injuries, including head and brain trauma, the victim was cognizant enough to speak with his wife about the accident. He was informed that the police had indeed seized his firearm. When he spoke to a member of the Chester police department, he was told that his firearm was sent to Delaware County District Attorneys Criminal Investigation Unit (CID) for ballistic testing. He was told that he would have to petition the DA’s office for the return of his legally owned firearm.

4th Amendment Violation

“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

Despite being the victim of a careless, reckless driver, having not committed any crime, the Pagan’s MC member had his legally owned firearm confiscated by law enforcement officials simply due to his association with a Motorcycle Club. This is a clear violation of his Constitutional rights to free from unreasonable seizures.

Silence from Law Enforcement

The MPP attempted to contact the agencies involved to no avail. Neither Captain Stubbs of the Chester Police Department, nor Sgt. David McDonald or Chief Joseph Ryan of the Delaware County District Attorneys office responded to telephone calls regarding the seizure, or of any policies of either department that would dictate the seizure of personal property.

After going through the extensive red tape required to regain possession of his legal firearm, after it was illegally seized, the Pagan’s MC member was finally successful.

Conclusion

The targeted harassment of Motorcycle Club members in Pennsylvania is nothing new. These situations only highlight the necessity for passage of an Anti-Motorcycle Profiling law. Members of the MPP and the National Council of Clubs are working with local and federal officials towards the adoption of such laws.

We should not, cannot, and will not stand for the erosion of our Constitutionally granted rights.

The post PA Biker’s Firearm Illegally Seized After Major Injury Accident appeared first on Motorcycle Profiling Project.

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Utah Police Admit They Profile MC Members

By Dave “Irish” Dohrmann

By Dave “Irish” Dohrmann

Motorcycle profiling is an issue that knows no state bounds. From coast to coast, police and other governmental agencies are violating the constitutional rights of Motorcycle Club members. Typical of this trend, six members of a motorcycle club in Utah were recently stopped on three separate occasions, all within an hour, simply for associating with what one sheriff supervisor referred to as a threat group. No traffic infractions were issued.

This incident is is just the most recent in the undeniable pattern of evidence. Motorcycle profiling is proliferating nationally. The best hope of combating this epidemic is cost free legislation at the state and federal level that prohibits the practice and provides a mechanism of relief for victims.

Start of the Night

Just after midnight on August 18, 2019, members of the Undefined Limits Motorcycle Club decided to go on a ride in beautiful Utah summer weather. Meeting at a Maverick gas station to pick a destination, MC members noticed two Utah police cars, carrying four officers, parked off in the distance. Member Buster, believing that a traffic stop was inevitable, waved the other members of the group to the front. At the first stop sign, a complete stop was made, and both feet were on the ground. Regardless, Buster and a hang-around of the club were pulled over for a stop sign violation.

First Stop

Buster and the hang- around were pulled for a stop sign violation. The two sheriffs approached the riders with their hands on their firearms, and demanded identification. After providing their drivers licenses, for his and his brother’s safety, Buster informed the sheriffs that he was carrying a firearm, and had a legal CCW, even though no law in Utah dictates that holders are required to do so. The two riders were told to keep their hands on the handlebars, and keep their kickstands up, while one officer wrote the citation, and the other kept watch on the two riders. Thirty minutes into the stop, member Big Rig came back to the scene to check on the safety of his brothers. The sheriff demanded his identification since he “was on the scene.” No citation was given to Big Rig. The total time for the simple traffic stop of the two individuals, took a total of forty-five minutes, a clear violation of his civil liberties, as outlined in Rodriguez v. United States.

Second Stop

After twenty minutes of waiting, several riders decided to head back in the direction of the Maverick Gas station. While pulling onto I-89, member Clash noticed a Utah police car sitting in the darkness with all of the lights off. Once the group passed the parked patrol car, the officer immediately pulled out and approached the group. Quickly the officer pulled over the rear rider, Clash, for an alleged turn signal violation. Clash was given a citation for an expired drivers license, and a warning for the turn signal violation. During the stop, the sheriff mentioned that the department had just “broken up” a party being held by another Motorcycle Club, and the sheriffs assumed the riders were coming from said party.

The Real Reason for the Stops

Club members Tech and R2 pull into the Maverick gas station and are immediately pulled over by one sheriff for yet another alleged turn signal violation. Member Tech asks to speak with a supervisor. Tech questioned the supervisor as the real reason for the stops, since six members were stopped in the previous forty-five to sixty minutes. The supervisor responds, “ Why do you think? Why do you think? “ Tech responds, “because we have this on?!” , referring to his vest. A Utah Police Supervisor responds, “You are documented, ok. The (club name) are a documented threat group, that’s how it is. So that’s why we’re doing this. That’s why we’re pulling people over,” showing a clear bias and prejudice towards Motorcycle Club members. Neither rider was issued a citation, though both were given written warnings.

None of the six Club members had any registration or insurance verified by the Davis County Sheriffs, nor were any inspections stickers verified. This is one of the reasons the MPP believes this was nothing more than a intelligence gathering expedition.

Legislative Relief

The above events are just one more reason why legislative relief is needed in Utah, and across the country. The intrusions on individuals civil liberties, simply for expressing their 1st Amendment right to freely associate needs to stop. And as the MPP has demonstrated, Motorcycle Profiling bills are the correct avenue to take.

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