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Author Topic: Got busted on the motorcycle  (Read 35006 times)

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Offline chaneyd

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Got busted on the motorcycle
« on: July 06, 2010, 12:56:24 PM »
Hello all. New poster here and need help.

Was stopped OC on my motorcycle in Battle Creek over the weekend and it was pretty nasty. Cops in my face, etc.  Filed a complaint this morning with the city attorney. She just called and stated that the law does not allow OC on a motorcycle, only while walking. What gives here? Is it specifically prohibited? New exact law and told her I would call her back. She stated this was HER interpretation of the law.
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Offline wardog6t

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Re: Got busted on the motorcycle
« Reply #1 on: July 06, 2010, 01:06:01 PM »
Do you have a CPL? Contact an attorney. MOC.INC has several attorneys they can refer to you that might be able to help you out...
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Offline Bronson

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Re: Got busted on the motorcycle
« Reply #2 on: July 06, 2010, 01:28:42 PM »
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Offline chaneyd

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Re: Got busted on the motorcycle
« Reply #3 on: July 06, 2010, 02:02:32 PM »
Yes, I have my CPL. City attorney said that they have 'reasonable suspicion' to make stops for OC on bikes, therefore I could be stopped any time in Battle Creek which I would think would be harrassment.  I disagree with their position and so does the State Police.
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Offline wardog6t

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Re: Got busted on the motorcycle
« Reply #4 on: July 06, 2010, 02:10:06 PM »
Ok cool on the cpl. Not sure if you were charged and/or if the charge was a felony or misdemeanor. If you were charged , which I am guessing your were.  I would suggest keeping all details of the stop to yourself and your attorney until the final outcome. First and foremost contact an attorney ASAP. Someone within the MOC.INC should be able to refer an attorney. As I know they have several that can help. I do not have the specific information.
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"Any day you don't hear a "POP" and "WHIZ" is a Wonderful day....."

Offline chaneyd

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Re: Got busted on the motorcycle
« Reply #5 on: July 06, 2010, 02:15:05 PM »
Was not arrested or had gun removed. Simply stated that they make stops on OC. My position is that they are violating the law. City attorney stated 'reasonable suspicion' exists on OC on a bike. Crap!! it does. Need a legal opinion on that. It's considered a Terry Stop.
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Offline wardog6t

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Re: Got busted on the motorcycle
« Reply #6 on: July 06, 2010, 02:23:13 PM »
Great so if no charges were filed. Give us the details! From what you have stated so far it would seem both need retraining...
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"Any day you don't hear a "POP" and "WHIZ" is a Wonderful day....."

Offline chaneyd

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Re: Got busted on the motorcycle
« Reply #7 on: July 06, 2010, 02:26:42 PM »
Went for an ice cream with the wife and friends on the motorcycles when I get pulled over for open carry. Next thing you know, there's 4 cars, 1 motorcycle cop, 6 cops altogther. Get the same rehetoric. I stopped you because you have a gun. Me - so? Him: It's illegal. Here we go again. I even had my trifold on gun laws with me. He looks at it and says I could have just made this up. Wanted to know where my 'CCW' was. I say, 'you mean CPL?' He says no, CCW. Those are two different things. I just laugh. Couldn't believe this *****. I'm not free to go he says and I say that I'm under arrest. He says no. I say, yes I am if I'm free to go. Finally another cop shows up, tells me I'm acting like John Wayne for carrying and that B.C. will stop anyone who does so. I get badge numbers, calling cards, etc. and told him I would be down next week to file a complaint. All this for an ice cream.
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Offline EM87

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Re: Got busted on the motorcycle
« Reply #8 on: July 06, 2010, 02:43:48 PM »
That's an illegal stop if I've ever heard of one!  Where do they get the idea that just because someone has a gun they can stop them???  The SUPREME COURT has ruled that POSSESSION OF A FIREARM IN AND OF ITSELF IS NOT REASONABLE ARTICULABLE SUSPICION FOR A STOP!  This is exactly the same as if you're driving your car and get stopped "just to make sure you're licensed to drive".  This is not legal.  The cops need RAS to stop you, because some people are licensed to drive, and until they have RAS that you're not licensed, they can't legally stop you.  The same is true for OC.  Unless they have RAS that a crime has been (or is about to be) committed, they cannot stop you "just to see if you're licensed".  Put the two together (driving/riding and OC) and it's no different.  This was an illegal stop.  Especially since they ADMITTED that they stopped you for OC! (according to your post)
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"You'll be walking along.. OC.. and you'll feel GREAT. You'll feel FREEEEE like 1776 kind of Free." -cscitney87 (from opencarry.org)

Offline EM87

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Re: Got busted on the motorcycle
« Reply #9 on: July 06, 2010, 02:47:53 PM »
And I don't know where the city attorney gets this information, unless she's talking about OC without a CPL on a motorcycle.  That is a gray area, so DON'T DO IT.  However, OC WITH a CPL on a motorcycle is perfectly legal because you're covered under your CPL to carry any way you choose whether you're in (on) your private vehicle or not.
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"You'll be walking along.. OC.. and you'll feel GREAT. You'll feel FREEEEE like 1776 kind of Free." -cscitney87 (from opencarry.org)

Offline chaneyd

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Re: Got busted on the motorcycle
« Reply #10 on: July 06, 2010, 02:50:52 PM »
The city attorney is only saying that a reasonable suspicion stop will occur in BC if seen OC on a bike. That's what I disagree with.
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Offline wardog6t

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Re: Got busted on the motorcycle
« Reply #11 on: July 06, 2010, 02:56:17 PM »
As you should.. Seems that battle creek PD and its attorney may be operating under color of law. I have sent both the chief and attorney the open carry info packet's supplied by MOC.INC. These were not sent as a representative of MOC but as an individual. Looks like another event may be needed in BC.
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"Any day you don't hear a "POP" and "WHIZ" is a Wonderful day....."

Offline Agent1

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Re: Got busted on the motorcycle
« Reply #12 on: July 06, 2010, 03:03:54 PM »
As you should.. Seems that battle creek PD and its attorney may be operating under color of law. I have sent both the chief and attorney the open carry info packet's supplied by MOC.INC. These were not sent as a representative of MOC but as an individual. Looks like another event may be needed in BC.



+1
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Offline chaneyd

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Re: Got busted on the motorcycle
« Reply #13 on: July 06, 2010, 03:11:15 PM »
I'll be going to the BC city commission meeting tonight at 7. Will have documents with me and the items I've found regarding what is considered a 'reasonable suspicion'. We'll see what happens.
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Offline EM87

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Re: Got busted on the motorcycle
« Reply #14 on: July 06, 2010, 03:13:30 PM »
Quote from: chaneyd on July 06, 2010, 02:50:52 PM
The city attorney is only saying that a reasonable suspicion stop will occur in BC if seen OC on a bike. That's what I disagree with.

And the reasonable suspicion that a crime has been (is being) committed is.... ?

They have nothing.  This is illegal.  A OC ride may happen in the near future...
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"You'll be walking along.. OC.. and you'll feel GREAT. You'll feel FREEEEE like 1776 kind of Free." -cscitney87 (from opencarry.org)

Offline EM87

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Re: Got busted on the motorcycle
« Reply #15 on: July 06, 2010, 03:13:50 PM »
Quote from: chaneyd on July 06, 2010, 03:11:15 PM
I'll be going to the BC city commission meeting tonight at 7. Will have documents with me and the items I've found regarding what is considered a 'reasonable suspicion'. We'll see what happens.

Let us know how it goes!
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"You'll be walking along.. OC.. and you'll feel GREAT. You'll feel FREEEEE like 1776 kind of Free." -cscitney87 (from opencarry.org)

Offline TheQ

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Re: Got busted on the motorcycle
« Reply #16 on: July 06, 2010, 03:16:29 PM »
If potential Criminal Charges are involved, I wouldn't say another word here, to the city attorney, or the police. Contact a lawyer immediately. After that is cleared up, then address your civil/conduct concerns with the Police.
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Offline chaneyd

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Re: Got busted on the motorcycle
« Reply #17 on: July 06, 2010, 03:41:25 PM »
City attorney says that's HER opinion on OC. Can't seem to find where a Terry Stop is prohibited for OC on a bike.
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Offline chaneyd

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Re: Got busted on the motorcycle
« Reply #18 on: July 06, 2010, 03:42:27 PM »
Quote from: TheQ on July 06, 2010, 03:16:29 PM
If potential Criminal Charges are involved, I wouldn't say another word here, to the city attorney, or the police. Contact a lawyer immediately. After that is cleared up, then address your civil/conduct concerns with the Police.

No criminal charges. Just harrassment by the police and a misunderstanding of OC laws by the city attorney.
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Offline kyleplusitunes

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Re: Got busted on the motorcycle
« Reply #19 on: July 06, 2010, 03:56:28 PM »
.
« Last Edit: July 06, 2010, 04:10:38 PM by kyleplusitunes »
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