Motorcyclists challenge seizure of alleged illegal helmets

OFF THE WIRE, AND I`
PISSED OFF NOW
Motorcyclists challenge seizure of alleged illegal helmets
By Todd A. Heywood 4/23/10 2:32 PM Motorcyclists are ticked off with
the enforcement actions of the Adrian police — and they are taking
their fight to court.

The Adrian Daily Telegram reports that the issue came to the forefront
last week when at least eight riders were pulled over, ticketed and
their helmets confiscated by Adrian Police Sgt. Lynn Courington. The
tickets and confiscation were because the helmets allegedly do not
meet U.S. Department of Transportation standards. Adrian Police Chief
Terry Collins has since decided to return the helmets.

Here’s how the Telegram reported Courington’s actions last week:

Adrian police shift commander Sgt. Lynn Courington is on the lookout
for helmets that don’t meet federal Department of Transportation
standards. And riders using helmets without the required padding are
easy to spot, he said.

“If they get stopped, they’re going to get a ticket,” said Courington.

Tuesday, motorcycle supporters flooded the Lenawee County Court house
to support one man, out of what the Telegram reports were more than a
dozen hit with the tickets. Ryan Hildebrand, 26, is fighting the
charge and is being represented by a lawyer from the national
motorcycle rights groups’ local affiliate, ABATE of Michigan.

The Telegram reports the challenge is based on a federal court case
ABATE is currently litigating in the Federal District Court Western
District in Grand Rapids.

ABATE currently has a lawsuit pending in United State District Court
in Grand Rapids, challenging the state’s DOT helmet rule.

Parts of the lawsuit were dismissed in an opinion issued April 16 by
Judge Robert Holmes Bell. But the court rejected a state police motion
to dismiss part of the complaint that deals with the enforcement
issues Katkowsky said he plans to raise in Lenawee County District
Court.

Bell’s opinion stated Sixth Circuit Court of Appeals rulings require
probable cause to justify a traffic stop on a civil infraction. ABATE
claims in the lawsuit that police have to look inside a helmet to
determine if it meets DOT standards, and therefore cannot claim plain
sight evidence to justify a traffic stop and request to inspect a
helmet.

A hearing on the case has been scheduled for June 29.