Police confiscated my weapon

[ScottDLS]

Some of the nicest folks I have I have encountered have been bikers. Now sailors, they are just a bunch of Sperry wearing drunks.

To the OP, sounds like you are on the right track. Whether based on what you are riding, your skin color, your age, the fact that you are an out of towner in a small town, or any other factors, being discriminated against is never fun.

Easy with that stuff, I am a sailor, and am at my 31st ship's reunion, so I could put together a pretty good (if somewhat old, at going on 70 I am one of the youngest) gang. But not one of us wear Sperry.

Maybe not Sperry wearing, but drunks...in my experience that covers 80% of us too.

Former LTJG USN

[EEllis]

New user here need some advise,

I along with a few of my motorcycle club brothers have been harassed here lately. I was pulled over by 4 units who claim I didn't use my turn signal. I handed them my license, CHL and told them my weapon is locked in my saddlebag. They immediately began with the full court press of questions about me and my club affiliation and every patch on my vest. I cooperated and remained very polite still not understanding why I got pulled over. They wanted to search my cycle I said "no sir you can't as I did nothing wrong". All my information that they ran came back clean as I have never been arrested in my 42 years and I told them that. They went back and forth on the computer with their seargent who then told them to arrest me for the traffic citation! That gave them cause to mmediately tear into my saddlebags, broke them in the process and found absolutely nothing. I released my bike to my club brother who drove up in his car and I was then hauled off to jail at 10:00 pm where I sat till 6:30 am. After I finally saw the In-house judge she couldn't believe they arrested me on a turn signal ticket and immediately released me ......again I was never ever charged with anything to this day!

Now the detective is refusing to release my weapon stating he now shows me as a known associate to which I am not. I have hired a local Ft,Worth attorney to file the lawsuit and file a formal detailed complaint with internal affairs against all officers involved. Any help or direction would be greatly appreciated.


Ride free

I just went back and re-read your post and have the following comments
(1) Just because they arrested you still does not give them probable cause for a search without a warrant.
(2) You said you hired a Ft. Worth attorney but did not say if this was Ft. Worth PD or some of the outlying towns
(3) IMHO, the judge should have instructed them to release your weapon
(4) As many LEO's that came, it was either a very slow night or there was a problem somewhere that could have included a biker
(5) You also didn't say what club, or if it was a 3 piece patch. You asked our opinion and these would help in giving one
(6) As I stated before, I am a lifelong biker, long time CHL holder, and ride with 3 different groups including the PGR when i have time so I know a little about stereotyping which there are some on this board that do as well but it is human nature to be scared of something you know nothing about

Know associate sounds like code for gang member which if it's a one percent club then there is precedent.

[dlh]

What is a one percent club?

dlh

[EEllis]

What is a one percent club?

dlh

Bandido, hells angels, mongols, etc. They tend to wear a diamond 1% patch.

[mojo84]

Rpbrown, I caught your dig about stereotyping and people being scared of what they know nothing about.

If me and my buddies were all dressed in saggy pants down around our lower bottom cheeks with our boxers exposed, wearing a wifebeater shirt, sporting gang colored headbands and flashing gang signs at people driving by, what would your assumption be about us? Would you stereotype us? If it were night time and there were 20 or so of us and you were unarmed and we were eyeballing you, would you be concerned or scared?

I think most reasonable people would go on heightened alert even though we are just a bunch of like-minded middle-aged Christian men standing outside visiting and enjoying the nice cool autumn evening.

[mojo84]

What is a one percent club?

dlh

Biker gangs and clubs that profess to being outlaws and criminals. 1% patches advertise they are part of the small percentage that are criminals/outlaws and have earned the patch. People don't get to sport that patch because they give candy and dolls to sick kids even though some do to try to improve their image.

[cb1000rider]

Mojo: What should I think about the kids that run around my town in caravans of lifted trucks flying confederate flags? Maybe they should be stopped and arrested for traffic violations?

I don't care what patch you wear or what you dress like. If you're in this country, you get the honor of being equal treatment and protection under the law thanks to the actions of people who fought and died for our country. That includes people with lifestyles and views that I don't like.

Many on this forum point to Waco as a group of "thugs" that were dressing the wrong way and got what they deserved. That may be true for some of them, but those same people gloss over the fact that some of them were CHL holders with zero criminal history and normal jobs. I think the lack of credible evidence out of that whole situation is like crickets chirping and it's going to cost that city and county a fortune, but that's just a prediction.

I may not agree a particular choice of dress, but I'm glad I live in a country where you can offend me. Mainly because I want to retain the right to offend you with my views. None of us want to be told what to thing, right? Hopefully we can agree on that.

In regard to your situation, it's unfortunate, but it sounds like they walked the thin line. The supreme court has established that LEOs can arrest for traffic offenses (Atwater vs Lago Vista), but I'd certainly lodge a complaint with the department as it may violate departmental policy.

If you find that it's typical to be treated that way, I'd find a way to even the playing field - mainly a camera or other recording device that leaves no doubt as to what happened.

PS: Use your turn signals... Or arm signals in the MC case.

Safe riding.

[LSUTiger]

So if my milk has a 1% sticker on it does that make me a criminal?

[mojo84]

Mojo: What should I think about the kids that run around my town in caravans of lifted trucks flying confederate flags? Maybe they should be stopped and arrested for traffic violations?

I don't care what patch you wear or what you dress like. If you're in this country, you get the honor of being equal treatment and protection under the law thanks to the actions of people who fought and died for our country. That includes people with lifestyles and views that I don't like.

Many on this forum point to Waco as a group of "thugs" that were dressing the wrong way and got what they deserved. That may be true for some of them, but those same people gloss over the fact that some of them were CHL holders with zero criminal history and normal jobs. I think the lack of credible evidence out of that whole situation is like crickets chirping and it's going to cost that city and county a fortune, but that's just a prediction.

I may not agree a particular choice of dress, but I'm glad I live in a country where you can offend me. Mainly because I want to retain the right to offend you with my views. None of us want to be told what to thing, right? Hopefully we can agree on that.

In regard to your situation, it's unfortunate, but it sounds like they walked the thin line. The supreme court has established that LEOs can arrest for traffic offenses (Atwater vs Lago Vista), but I'd certainly lodge a complaint with the department as it may violate departmental policy.

If you find that it's typical to be treated that way, I'd find a way to even the playing field - mainly a camera or other recording device that leaves no doubt as to what happened.

PS: Use your turn signals... Or arm signals in the MC case.

Safe riding.

Are those kids advertising they are part of a known gang, criminal or outlaw organization? Are you not going to respond to the gang scenario? Would you assume I was not in a gang even if I advertised I was.

I have no problem with guys wearing biker gear with patches and such.

Your patriotic liberty lecture was unnecessary. I'm not saying the guy should have been arrested or that his gun should have been confiscated. However, I do understand the cops giving him hightened scrutiny.

[mojo84]

So if my milk has a 1% sticker on it does that make me a criminal?

0004127100420_500X500.jpg

Only if you spill it on the colors on your cuts.

[Taypo]

Double Post

[Taypo]

Mojo: What should I think about the kids that run around my town in caravans of lifted trucks flying confederate flags? Maybe they should be stopped and arrested for traffic violations?

I don't care what patch you wear or what you dress like. If you're in this country, you get the honor of being equal treatment and protection under the law thanks to the actions of people who fought and died for our country. That includes people with lifestyles and views that I don't like.

Many on this forum point to Waco as a group of "thugs" that were dressing the wrong way and got what they deserved. That may be true for some of them, but those same people gloss over the fact that some of them were CHL holders with zero criminal history and normal jobs. I think the lack of credible evidence out of that whole situation is like crickets chirping and it's going to cost that city and county a fortune, but that's just a prediction.

I may not agree a particular choice of dress, but I'm glad I live in a country where you can offend me. Mainly because I want to retain the right to offend you with my views. None of us want to be told what to thing, right? Hopefully we can agree on that.

In regard to your situation, it's unfortunate, but it sounds like they walked the thin line. The supreme court has established that LEOs can arrest for traffic offenses (Atwater vs Lago Vista), but I'd certainly lodge a complaint with the department as it may violate departmental policy.

If you find that it's typical to be treated that way, I'd find a way to even the playing field - mainly a camera or other recording device that leaves no doubt as to what happened.

PS: Use your turn signals... Or arm signals in the MC case.

Safe riding.

You're comparing the kids who fly flags on their trucks to criminal organizations who proudly admit they're criminals and the groupies who emulate them? Classy.

Those poor doctors and lawyers atWaco, eh? The ones hanging out with 1%'ers? Yeah, good luck garnering some sympathy there. Lie down with dogs and you'll probably catch some fleas...

If you don't like being treated like a criminal, don't dress like one. Obviously those of you who choose to wear your cuts and such know what you're doing. What is it such a shock to you when it scares soccer moms and gets you pulled over?

[treadlightly]

Easy with that stuff, I am a sailor, and am at my 31st ship's reunion, so I could put together a pretty good (if somewhat old, at going on 70 I am one of the youngest) gang. But not one of us wear Sperry.

And fair winds to you!

[TEXASG7]

You are all off target on this one...

The minute he said no to the search because he had done nothing wrong, they simply wanted to show him that they were in charge and would /can enter in through the back door.

Your Attitude triggered this arrest. ... I have seen this many times before. You will get your weapon back but not until your attorney file motions which will cost you more money and that's exactly what they want plus that arrest is in the system for all future officers to see and explore that same route if they so desire.
Don't ever make yourself out as a lawyer knowing your rights and all the laws before LEO BECAUSE they will show you exactly how they can operate having what they consider as extreme state power.
Next time you are ask for a search simple answer is no, no more conversation is needed.

Your answer was KNOW not No.... as in, I know all my rights!

[VoiceofReason]

You are all off target on this one...

The minute he said no to the search because he had done nothing wrong, they simply wanted to show him that they were in charge and would /can enter in through the back door.

Your Attitude triggered this arrest. ... I have seen this many times before. You will get your weapon back but not until your attorney file motions which will cost you more money and that's exactly what they want plus that arrest is in the system for all future officers to see and explore that same route if they so desire.
Don't ever make yourself out as a lawyer knowing your rights and all the laws before LEO BECAUSE they will show you exactly how they can operate having what they consider as extreme state power.
Next time you are ask for a search simple answer is no, no more conversation is needed.

Your answer was KNOW not No.... as in, I know all my rights!

If you are anywhere near right then those badge heavy hot dogs need to be looking for another job. I would definitely try my best to sue the department but also the officers individually. I would also try to get it on the news and failing that I would get it on the web as much as possible. Most police officers deserve respect. It is a small percentage that make the rest look bad.

By the way this is just another way of getting around a warrant. If someone is arrested, let’s say for DWI. Their car is towed and everything is “inventoried”.