I won a Motion today on behalf of 3 Mongols from California. They visited Nevada and were cited for handlebar violations. I made a motion to dismiss because the citations violated Article I, Section 8 of the US Constitution, citing the US Supreme Court Case, BIBB, v. NAVAJO FREIGHT LINES, 359 U.S. 520 (1959). Traffic Commissioner Joe Tommasino dismissed the charges.
Under these facts, the Mongols' handlebars were certainly legal in California (California allows for handlebars to be 6" above the shoulder) and the Mongols were simply visiting Nevada and returning to their state of residence. The handlebar ticket was unconstitutional because of the the burden enforcement of the law would have on interstate commerce when the handlebars are legal in their home state.
It seems to me that Detective Gagliardi, Detective Woosnum, and their buddies like to pull over bikers to get intelligence. The problem is that bikers do not really want to be pulled over and simply want to go about their lives without being messed with.
May I suggest that every biker in Nevada knows (preferably memorizes) NRS 171.123 (Limitations of Detention by Peace Officers):
NRS 171.123 Temporary detention by peace officer of person suspected of criminal behavior or of violating conditions of parole or probation: Limitations.
...
1. Any peace officer may detain any person whom the officer encounters under circumstances which reasonably indicate that the person has committed, is committing or is about to commit a crime.
2. Any peace officer may detain any person the officer encounters under circumstances which reasonably indicate that the person has violated or is violating the conditions of the person’s parole or probation.
3. The officer may detain the person pursuant to this section only to ascertain the person’s identity and the suspicious circumstances surrounding the person’s presence abroad. Any person so detained shall identify himself or herself, but may not be compelled to answer any other inquiry of any peace officer.
4. A person must not be detained longer than is reasonably necessary to effect the purposes of this section, and in no event longer than 60 minutes. The detention must not extend beyond the place or the immediate vicinity of the place where the detention was first effected, unless the person is arrested.
Under these facts, the Mongols' handlebars were certainly legal in California (California allows for handlebars to be 6" above the shoulder) and the Mongols were simply visiting Nevada and returning to their state of residence. The handlebar ticket was unconstitutional because of the the burden enforcement of the law would have on interstate commerce when the handlebars are legal in their home state.
It seems to me that Detective Gagliardi, Detective Woosnum, and their buddies like to pull over bikers to get intelligence. The problem is that bikers do not really want to be pulled over and simply want to go about their lives without being messed with.
May I suggest that every biker in Nevada knows (preferably memorizes) NRS 171.123 (Limitations of Detention by Peace Officers):
NRS 171.123 Temporary detention by peace officer of person suspected of criminal behavior or of violating conditions of parole or probation: Limitations.
...
May I suggest that every biker in Nevada knows (preferably memorizes) NRS 171.123 (Limitations of Detention by Peace Officers):
NRS 171.123 Temporary detention by peace officer of person suspected of criminal behavior or of violating conditions of parole or probation: Limitations.
...
1. Any peace officer may detain any person whom the officer encounters under circumstances which reasonably indicate that the person has committed, is committing or is about to commit a crime.
2. Any peace officer may detain any person the officer encounters under circumstances which reasonably indicate that the person has violated or is violating the conditions of the person’s parole or probation.
3. The officer may detain the person pursuant to this section only to ascertain the person’s identity and the suspicious circumstances surrounding the person’s presence abroad. Any person so detained shall identify himself or herself, but may not be compelled to answer any other inquiry of any peace officer.
4. A person must not be detained longer than is reasonably necessary to effect the purposes of this section, and in no event longer than 60 minutes. The detention must not extend beyond the place or the immediate vicinity of the place where the detention was first effected, unless the person is arrested.
2. Any peace officer may detain any person the officer encounters under circumstances which reasonably indicate that the person has violated or is violating the conditions of the person’s parole or probation.
3. The officer may detain the person pursuant to this section only to ascertain the person’s identity and the suspicious circumstances surrounding the person’s presence abroad. Any person so detained shall identify himself or herself, but may not be compelled to answer any other inquiry of any peace officer.
4. A person must not be detained longer than is reasonably necessary to effect the purposes of this section, and in no event longer than 60 minutes. The detention must not extend beyond the place or the immediate vicinity of the place where the detention was first effected, unless the person is arrested.
