Court Tosses Hells Angel Search That Found Guns - Harley Davidson Forums: Harley Davidson Motorcycle Forum
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post #1 of 44 (permalink) Old 12-14-2012, 09:35 AM Thread Starter
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Court Tosses Hells Angel Search That Found Guns

Courthouse News Service

(CN) - Police cannot frisk motorcyclists for weapons even if they are wearing gang insignia and speeding through rival territory, the Delaware Supreme Court ruled.
On the morning of June 4, 2011, David Abel was sporting a Hells Angels vest while he and another motorcyclist were doing 80 mph on a 55 mph stretch of the I-95 in Delaware, a known territory of the rival gang Pagans Motorcycle Club.
Federal and state law enforcement classify the Hells Angels, the Pagans and two other groups as outlaw motorcycle gangs in the United States, calling the clubs a conduit for criminal activity.
State Trooper John Andrew Lloyd pulled Abel over to the left shoulder of the highway, and another officer stopped Abel's companion on the other side.
As recorded by Lloyd's patrol car camera, "Abel remained calm and his hands remained primarily in view on the handlebars of the motorcycle," the Superior Court found in 2011.
The footage shows that when Lloyd asked Abel where he was headed, he replied, "We're going out on a run today."
Abel maintained a "jovial" disposition as he continued to rebuff Lloyd's questions, the court found.

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post #2 of 44 (permalink) Old 12-14-2012, 09:45 AM
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Quote:
Originally Posted by Wrgiacona View Post
Courthouse News Service

(CN) - Police cannot frisk motorcyclists for weapons even if they are wearing gang insignia and speeding through rival territory, the Delaware Supreme Court ruled.
On the morning of June 4, 2011, David Abel was sporting a Hells Angels vest while he and another motorcyclist were doing 80 mph on a 55 mph stretch of the I-95 in Delaware, a known territory of the rival gang Pagans Motorcycle Club.
Federal and state law enforcement classify the Hells Angels, the Pagans and two other groups as outlaw motorcycle gangs in the United States, calling the clubs a conduit for criminal activity.
State Trooper John Andrew Lloyd pulled Abel over to the left shoulder of the highway, and another officer stopped Abel's companion on the other side.
As recorded by Lloyd's patrol car camera, "Abel remained calm and his hands remained primarily in view on the handlebars of the motorcycle," the Superior Court found in 2011.
The footage shows that when Lloyd asked Abel where he was headed, he replied, "We're going out on a run today."
Abel maintained a "jovial" disposition as he continued to rebuff Lloyd's questions, the court found.

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That phrase right there makes me want to punch a bunny in the face. WE ARE NOT GANGS


-Rohan
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post #3 of 44 (permalink) Old 12-14-2012, 10:18 AM
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Quote:
Originally Posted by Rohan View Post
That phrase right there makes me want to punch a bunny in the face. WE ARE NOT GANGS


-Rohan
Semantics, Rohan. Gang, Club.... It shows membership to a specific organization.
Call it what you want. People will always seem to refer to it as a Gang. I think that's human nature, or a portion of the "uneducated" society that biker's will always have to deal with. Sadly enough....


With that being said, it's not a reason, any more then your ethnicity, to me, to be used to frisk someone. I know professionals that carry weapons. So do we start frisking every guy in a suit?

Granted, if the operators were speeding, (80mph in a 65 zone) there's the probable cause for the traffic stop. However, the officer still needs "reasonable suspicion" for the personal search, or pat-down.

Police have the right to frisk you, if they have "reasonable suspicion". That definition is something that's being defined, in this case. Simply wearing colors, in Delaware at least, is no reason to be patted down.

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post #4 of 44 (permalink) Old 12-14-2012, 11:09 AM
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Well you have to remember the average "Joe", myself included, knows nothing about these motorcycle clubs other than what they see on the History Channel or read in the papers and that is nothing good.

That doesn't mean someone belonging to any club should automatically be assumed to have any less in the way of civil rights IMHO, it's just general public perception and the end of that article fed on that.

When I was in the Navy I met a couple of HA's at a party in San Diego in the mid 70's, they didn't seem anymore "evil" than anyone else there (myself included) but I'd have to admit I'd probably be looking for the next exit if I found myself surrounded by a group of them today.

Then again, if I saw one broke down along the road I'd still ask if he needed help.

I like riding with others from time to time as much as the next person, but I've never been drawn to the club atmosphere and get along just fine alone.
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post #5 of 44 (permalink) Old 12-14-2012, 01:24 PM
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I'm an expert on the motorcycle Club/Gangs... I stayed at a Holiday Inn Express for 2 week2 and watched 3 seasons of The Sons of Anarchy every night.

But really, here in Washington, they can't search bags or saddle bags without cause or a warrent.

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post #6 of 44 (permalink) Old 12-14-2012, 01:30 PM
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I have the distinction of being the guy in the wrong bar at the wrong time when some Prospect is sent in to pick the biggest guy and ambush him when he is coming out of the bathroom.

Two times.

Two times. Swear to God.

Many, many thanks to The Breed. I held my own the second time, btw....

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Last edited by City Chicken; 12-14-2012 at 01:30 PM. Reason: spelling
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post #7 of 44 (permalink) Old 12-14-2012, 02:45 PM
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I wanna see a comercial with a small monkey jump out of a guys saddle bag and smack the cop for pulling him over for something dumb. Or for City Breed who should find different bars to hag in, have the monkey jump out and rip the prospect to pieces. I wonder if the comercial showed in San Fransisco if a saddle bag gerbel jumps out... never mind

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post #8 of 44 (permalink) Old 12-14-2012, 07:09 PM
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Quote:
Originally Posted by dynaglydr View Post
I wanna see a comercial with a small monkey jump out of a guys saddle bag and smack the cop for pulling him over for something dumb. Or for City Breed who should find different bars to hag in, have the monkey jump out and rip the prospect to pieces. I wonder if the comercial showed in San Fransisco if a saddle bag gerbel jumps out... never mind


LOLOLOLOLOL



-Rohan
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post #9 of 44 (permalink) Old 12-15-2012, 12:04 AM
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I am not a member of an MC but have to say that anytime I have had contact or the opportunity to speak with a member(s) of one of two MCs in WA, I have found them to be friendly, out going, respectful and oh wait...just like me!! I think we all have our civil rights until we give justifiable reason to take them away. I don't see that in the story the OP listed. Glad to hear they threw out the weapons charge.

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post #10 of 44 (permalink) Old 12-15-2012, 08:30 AM
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City Breed learned his lesson years ago and stays home now.

Vodka stinger with a whisky back, and step on it!
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