February 19, 2022 National Council of Clubs Semi-Annual Meeting, Gulfport MS
- 25 States and Canada represented: AL, AK, CA, WA, IA, KS, TX, CO, ND, SD, MN, OH, WI, MS, TN, FL, MD, PA, VA, WV, ME, NY, NV, NM, UT, Canada
- 82 People at the meeting
- 20 participants via Zoom prior to lunch
09:05 Pledge/Prayer, Roll Call.
09:12 Double D: Why the Definition of Motorcycle Profiling is so Important
14th NCOC Semi-Annual meeting.
Works for Race, Religion, but we are not a Protected Class.
Civil Liberties, NCOC/MRF willing to help States with a Bill.
09:29 Bobby C: Survey
Survey questions and respondents, QR Code/Facebook.
09:55 Irish: Video and Motorcycle Profiling
Video tapping Law Enforcement, the best took we have.
Showed some great video. Record but don’t threaten.
Ride, Record, Report.
10:15 Russell and Rocky: MRF Agenda.
“If you’re not at the table, you’re on the menu.”
“Sink or Swim together.”
140 co-sponsors on the Highway Bill.
Profiling is by-partisan.
14 States – no motorcycle only check points.
80 co-sponsors right now.
10:33 Break – be back at 10:45
10:52 Ryan: Future of Motorcycling
Profiling big issue, Call to Action.
California – zero (0) emissions
Paris, wants to ban all internal combustion engines
Bikers on the Beltway
The end of combustibles is coming.
Fuel is going away, Electric Vehicles is the future.
Back the MRF to stand up for our rights.
Sustaining Club Membership, $100 per Club per year.
MRF spends its money on lobbyists.
EU – Road to Zero. Our rights and motorcycles are under siege.
Maintain relationships with State MRO’s.
Slider – best leadership of the MRF for decades, must be active.
11:28 Seven: Why Innocent People Should Not Talk to Police
LE has a function in society, but they over reach.
The job is not to “Protect and Serve”, they investigate and charge.
Don’t help them do their job – Don’t talk.
Police are now a para-military organization.
Maintain your rights. The right to remain silent.
You cannot help by talking at the scene, take it to court.
Get an Attorney as soon as possible.
The 5th amendment is our friend – remain silent.
“Anything you say, can and will be used against you.”
You do not have to answer any question from Law Enforcement.
Remain calm and be polite, and record.
Follow their orders. Inform LE you have the right to remain silent.
“It will be harder on you, it will be easier if you help.” Is a lie.
“Am I being detained, or am I free to go.”
Nothing you say to LE will help. Do not talk.
Attempting to search, “I do not consent to a search.”
Don’t be afraid to get arrested for standing up for your rights.
Traffic stop – you’re required to present a Drivers License, anything
else, they must have probable cause.
Do not have your insurance information on your phone.
11:55 Break – be back at 13:30 pm, 19 participants via Zoom after lunch.
13:32 Scotty: How Far Will a Government Go Targeting MC’s
Went to Europe, stopped and required to produce documents. Went
to the station to verify documents, but thrown in jail. Wife was
arrested. Requested to speak to the Consulate. Must go to court
because they weren’t suppose to be there. No notification they
were not allowed in Europe. Banned from Europe for 5 year. Sentenced
to 3 months in jail. No one knew why they were there. Only allowed
pencil and paper. Wrote everything down. Had to come up with
$3,000 to get deported. Bank accounts were frozen. No funds,
automatic year in jail. No criminal record, solely because they
were affiliated with an MC. US Consulate would not provide any
assistance. Lawyer and wife helped out. Was tracked via Facebook.
Immigration Attorney provided assistance after the fact.
All records of the event in Europe disappeared.
13:58 Passing of the hat, $ raised. +$100 on the NCOC patches.
Need coffee money, Texas paid for the coffee.
14:05 Wade: Legal update
Slideshow: Different levels of evidence
Ask “Am I free to leave?”. Yes, leave. No, never consent to a search,
don’t make any statements, do not argue or fight. Ask “Why am I being
detained?” Ask “Am I under arrest?” No, you’re being detained.
Detention cannot last longer then is normal. Take your helmet off,
put the bike on its kickstand. Do not reach for license, registration,
or insurance until the officer asks. Record. The officer has the right
to pat you down for weapons. 4th amendment – right to be free from
unreasonable searches and seizures. Never consent to a search. Must
have a warrant to enter property to get license number, VIN, etc.
Qualified Immunity, not clearly defined, will escape any punishment.
Exclusionary rule, pertaining to search.
14:31 Clutch: How to Organize a Movement (Texas)
What is the goal? Why is it important to the community?
Motorcycle Profiling, Gun Bill, Qualified Immunity. Rally at the
Capital. Gang Database. If on the list, 2nd amendment rights are
gone. Establish relationship with groups outside your scope.
Must choose what rights you want. Wear a patch or carry. Preserve
existing rights. Find new partners with common interests. Needs to be
one consistent message, with community buy-in. ABATE, AMA, MRF, etc, …
Everyone needs to have the same message. Create buzzwords. Loud bikes
save lives, Ride, Record, Report. Use 2 or 3 egregious stories to support
the data. Political relationship building is a year long process. Make
incremental advances leading up to the session that decreases the frantic
rush. Earn respect, trust, relationships, and partnerships to get a seat
at the table. Legislative Council, Bill filing, plant the seeds early.
Did the Bill pass? Make it through committee? Pass one chamber. How
do you get it through both chambers next session.
15:08 Break – be back at 15:20 pm, 16 participants via Zoom after break.
15:32 Frogger: A Selection of Legal Cases Impacting Motorcycle Profiling
Length of stop: US v. Rodriquez. Cops are allowed to attend to the
issues involved with the stop. Once complete, the stop must end.
Another issue, detained for 25 minutes. A Rodriquez violation.
Marijuana Legalization: Does the smell of marijuana constitute
probable cause? Colorado – No. Illinois – can be a factor if justified
with other reasons. Pennsylvania – must have something else to justify.
Iowa – only if the odor is sufficient to identify a forbidden substance,
and the officer has training and qualifications to identify the substance.
State law defines the situation. We care because of the Exclusionary Rule.
US v. Leon. The Exclusionary Rule should only be used to deter intentional
or reckless misconduct, not where the cops acted in good faith to obtain
a warrant. Herring v. US – arrested on a warrant from a different
jurisdiction. Utah v. Streiff – stop was unconstitutional, but an
oustanding arrest warrant bade the arrest fine. This case makes no
sense. US v. Huskisson 7th Circuit – warrant should have been required.
Again, another case with bad stuff. Not a US Supreme Court case. ACLU
is working to get this case overturned. Wood v. Eubanks eta al, Ohio –
Prosecutor dismissed the charges. Wood sued. Cops tried to justify
their conduct. District Court agreed, Wood appealed. 6th Circuit Court
reversed the District Court’s ruling. The Court of Appeals ruled the
language was profane, but constitutional.
16:18 New Business
Double D, need to talk about Gang Database.
What does the NCOC need to do to get more participation.
Communication is very important at the meetings.
Next meeting Salt Lake City, September 16 and 17, 2022.
Bikers on the Beltway May 16 and 17.
MRF Call to Action.
Meeting of the Minds Des Moines IA.
16:40 Meeting adjourned.