Motorcycle Checkpoints: A Growing Problem

Are motorcycle only checkpoints a tool to increase safety, as authorities claim, or are they an infringement on our right to be free from unreasonable search and seizure?  It depends on who you ask, I suppose. The courts have upheld these types of checkpoints within certain guidelines. The mere possibility that such a stop might reveal commission of a crime is not justified. Also, these checkpoints depend on balancing the competing interests at stake and the effectiveness of the program.

In October, 2007, the New York State Police conducted a motorcycle only checkpoint near a popular motorcycle event, which guaranteed a large number of bikes would pass through the area. This was considered a safety checkpoint, because merely pulling bikes over in a fishing expedition looking for possible crimes would not meet constitutional requirements. In the name of safety, 280 bikes passed through the NYSP net with 225 being subjected to inspection. Net results: 104 citations. Forty-one of those were for non-compliant helmets. The next highest categories were 7 exhaust violations and 3 VIN issues. What those had to do with safety is unknown. At least one court in California found that one cannot determine if a helmet complies with FMVSS 218 merely by visual inspection (Buhl v Hannigan). So did this Checkpoint accomplish its goal by balancing the number of bikers "seized" with the net result of safety violations?

As recent as October, 2009, North Carolina has joined the growing list of states using safety as the reason to conduct motorcycle only checkpoints. Onslow County set up a motorcycle only checkpoint at Holly Ridge, North Carolina which resulted in these citations under the guise of safety: one driving under the influence, five improper display of a license tag, four non-compliant helmets, three no cycle endorsement, two driving with revoked license, two with no license at all, one no proof of insurance and one with revoked tags.
Again, what do most of these have to do with safety?  The one DUI is the only one I can see as justifiable. The non-compliant helmet issue is dubious with regard to Buhl v Hannigan. We're back to whether the need justifies the means.

B.O.L.T. of North Carolina is outraged by the selective enforcement practices of the police at Holly Ridge.  North Carolina Director of B.O.L.T., Janice MacKay, has sent letters of protest to Governor Bev Perdue. MacKay says that North Carolina passed an anti-profiling bill in 2009, supported by the ACLU. "Driving while black is not a crime," she said. She is very disappointed that the Governor's Highway Safety Program, which supports the motorcycle only checkpoints, is telling the people of North Carolina that "driving while a motorcyclist" is subject to profiling and discriminatory practices. According to MacKay, these checkpoints are "a blatant discrimination, not against a racial minority, but against a societal subculture."

Meanwhile, MacKay has contacted the ACLU and they are very interested in this situation. There is at least one state legislator who is also concerned about the legality of these checkpoints.

We will continue to monitor these situations and report on what's going on around the country. Meanwhile, please participate in this poll on the subject.  http://survey.constantcontact.com/poll/a07e2mkehm7g1tqocco/start.html

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