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Stopped for a helmet check......

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  #121  
Old 10-10-2011, 08:42 AM
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Default Putting words in my mouth

Originally Posted by Holzarbeiter
So.... I can get pulled over because I might be speeding or do a lane change without a signal in the future and now I am a criminal. Get real.
Who said anything about might be speeding?
Lane change without a signal. That is a violation of the "criminal code" and the officer has probable cause, not reasonable suspicion.
Like it or not violating the "criminal code" makes you a criminal.

Originally Posted by Holzarbeiter
If an on duty cop observes a equipment failure then there is a pullover not before.
All the officer needs is reasonable suspicion. Reasonable is the key word.
http://en.wikipedia.org/wiki/Reasonable_suspicion


Originally Posted by Holzarbeiter
Many states require z rated eye protection, so now we pull people over because of z ratings. Or do you mean to tell me that you guys are trained to spot the rating of the eye protection from a distance.
Not sure where I said that, let me re read my post.


Originally Posted by Holzarbeiter
In the end all of this comes down to money. The monies the state gets from the federal govt and the fines that help pay the bills.
Agreed.
 
  #122  
Old 10-10-2011, 09:55 AM
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Since China just about owns this Country, wonder what new laws are coming in the future. I hear those little china officer's carry big sticks and like to hit law breaker's.
 
  #123  
Old 10-10-2011, 10:34 AM
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I think the helmet laws aren't worth the paper they are written on. How do you really enforce a helmet law? With a DOT sticker? Really? I have a 15 year old helmet with a DOT sticker that will do nothing for me because all the guts have already fallen out and that is OK?

If you are going to mandate helmets, how come the government hasn't mandated the rest of the safety equipment like boots, jackets, chaps and gloves? Maybe it's because its a half thought through law created by folks that really don't know what they are talking about.
 
  #124  
Old 10-10-2011, 11:27 AM
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It's been said in here, but I will add in that the idea of doing your own thing in by passing helmet laws makes about a much sense as not using seatbelts. A lot of bikers don't stop to think that death due to a motorcycle accident is not the only option. I have seen and helped care for those that are not fortunate enough to have died. Do you really want to spend 10, 20, 30 or more years tied or strapped into a wheel chair with drool running down your chin and not knowing who you are, where you are, or who any remaing family member is that may stop by for a Christmas or random birthday visit?
 
  #125  
Old 10-10-2011, 11:28 AM
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Originally Posted by Harleybike

But to repeat the same argument about, muggings and tree branches and strokes and other "unforseen" circumstances....those are not self induced.
So those arguments don't hold any weight in this.

Not wearing a helmet, self induced, Smoking...well, no one is shoving the square in your face and making you smoke it.
having an accident while not wearing a helmet is not 'self induced'. the rider is not choosing to have an accident. so that argument don't hold any weight in this.


Originally Posted by lionsm13

That be the case, just do one better and make senors in cell phones that shut off the phone @ 5 mph, would solve the problem.
and in the process introduce a whole mess of other problems, what about passengers, or being on public transportation?.... no, how about just enforcing the law, make it painful for those who feel that their lives are so important that they can't go a whole half hour without being on the phone. hit them up with a $500 fine for the first offense, after all they are so important that they should be able to afford that, right?
 

Last edited by skratch; 10-10-2011 at 11:34 AM.
  #126  
Old 10-10-2011, 11:35 AM
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Originally Posted by lionsm13
Sounds like harassment to me.
Sounds like a bored cop.......
 
  #127  
Old 10-10-2011, 11:42 AM
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In Washington state, we just passed an anti profiling motorcycle law. Governor signed a few months ago....Like most laws...a lot of BS... Same for helmet laws.. BS
 
  #128  
Old 10-10-2011, 11:48 AM
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Originally Posted by Holzarbeiter
Getting stopped for saftey inspection is harassment. It goes back to the fourth amendment, stopping my forward progress for a "saftey or helmet inspection" is a form of seizure. If a state has a primary helmet law that still does not give them the right to pull you over if you are wearing a helmet, to inspect your helmet and check if it is DOT approved, if you were'nt wearing a helmet at all, totaly different story.
That's a cogent statement, and I agree completely.

Just because the state has a mandatory helmet law, it doesn't give the storm troopers the right to conduct an illegal search of your property.

A good friend was stopped here in Washington a year or so ago, for a suspected helmet violation. The state trooper asked him to remove his helmet, which my friend didn't want to do, but did so at the troopers insistance. He then placed it on his bike, and the trooper grabbed it and looked it over. He wrote my buddy for a helmet infraction, which was subsequently thrown out, because the cop didn't have the right to grab the helmet and inspect it without either a search warrant, or permission from the owner.

In that case, and in the OP's one, there wasn't a check point set up, where every bike was stopped and inspected for safety violations. These were targeted stops, where the rider was singled out. It is, I believe, an abuse of power, and illegally detaining and searching a citizen.

If I'm ever stopped for a helmet check, whether I'm wearing a DOT helmet or not, I'm not going to surrender my helmet for "inspection" without stating that I'm doing so under protest. Unless the cop has a search warrant, of course.
 
  #129  
Old 10-10-2011, 12:07 PM
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Originally Posted by skratch
having an accident while not wearing a helmet is not 'self induced'. the rider is not choosing to have an accident. so that argument don't hold any weight in this.
"Not wearing a helmet, self induced,......."

Ummmm, did I say having an accident is self induced, any where in this post? Or any post I posted?
 
  #130  
Old 10-10-2011, 12:19 PM
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Those of you bitchin' because of your interpretation of our laws here in the US, you have the right to move to another county whose laws agree with you. You do not have to stay here and inflict further damage upon yourselves.
Why not leave? it's simple enough. Or as the **** ad says, "Just do it."
See ya and "bye-bye".
 


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