Motorcycle riders nationwide are eagerly awaiting the outcome of a lawsuit in federal court in New York challenging motorcycle-only checkpoints. The lawsuit is the first in the country to raise constitutional objections to the law enforcement practice of setting up checkpoints to stop all motorcyclists traveling to or from popular motorcycle events.
Police began using these checkpoints in New York State in 2008, using grant money from the Governor's Traffic Safety Committee. Recently, the federal government has begun funding motorcycle-only checkpoint initiatives in other parts of the country, including the Atlanta area.
Though the stated rationale of these checkpoints is to increase public safety, the evidence indicates that most of the tickets issued in New York have little to do with safety violations. That puts motorcycle-only checkpoints at odds with Supreme Court precedent. The Court has said that roadside checkpoints whose primary purpose is general crime control are presumptively unconstitutional under the Fourth Amendment.
The riders in the New York litigation are represented by Proner & Proner, a law firm in New York City that represents people injured in motorcycle accidents throughout the U.S. Lead attorney Mitchell Proner has vowed to take the case to the Supreme Court if necessary to protect motorcyclists from unreasonable search and seizure.
"Just as the Patriots that founded our country fought for these rights we hold so dear as Americans, motorcyclists have rights and we will always fight to defend them," Proner said.
For more information about Proner & Proner and to contact one of motorcycle injury attorneys, call toll-free (888) 572-2172.
Follow Us On